HomeMy WebLinkAbout1981-03-03; City Council; Resolution 64232
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RESOLUTION NO. 6423
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONSOLIDATING
AND INTEGRATING A NUMBER OF PREVIOUSLY AND
SEPARATELY ADOPTED CHANGES INTO THE PER-
SONNEL RULES AND REGULATIONS.
WHEREAS, the City Council has separately adopted several
changes to the Personnel Rules and Regulations; and
WHEREAS, it is desirable to integrate and consolidate
previous changes into the Rules and Regulations;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Personnel Rules and Regulations in Attachnent A
amend and supercede those Personnel Rules and Regulation
adopted by Resolution No. 1727 and all subsequent
Resolutions amending Resolution No. 1727.
3. That the Personnel Rules and Regulations, attached hereto
as Attachment A and made a part hereof, are hereby adopted
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held on the 3rd day
of March , 1981, by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
I. RONALD C. PACKARD, Mayor
ATTEST :
k
(SEAL)
e
t r PERSONNEL RULES AND REGULATIONS F
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SUBJECT
mJRpoSE
DEFINITIa OF ’IERMS
GENERAL PROVISIONS
Fair I3nployinent
Political Activity
Meet and confer
Violation of Rules Amendment and Revision of Rales
CLASSIFICATION
Preparation of Plan Xioption of Plan New Positions Reclassification
ATTACHMENT A @ to Resolution No. 6423
.PaGE
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Preparation of Plan Moption of Plan Application of Rates Ads7ancanent at Tiate of Canpensation Within a Range Pramtion or Xivancanent in Rate of Cmnpensation Out of Class corrq?ensation Deferred compensation
Group Health and Accident Insurance Plan Salary Payment Procedure
APPLICATIONS AND APPLICXNT‘S
”Cement
Application Forms
Disqualification
EXAMINATIONS
General Nature and Types of Exaninations
Pramotional Exminations
Opn-Cmptitive Examinations
C!onduct of Examination
Scoring Examinations and Qualifying Scores
Notification of Examination Results and
Review of Papers
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SUBJECT
mmw LISTS
nnployment Lists
Duration of (Ehy?zoyment) Lists
Reemployment Lists
Rmval of Names From (nnployment,
Reemployment, or Pramtional) List
Types of Appintment Notice to Personnel Officer
Certification of Eligibles Order of Certification Appointment Provisional Appointments mergenq Appintment
P~~TIoJWY PERIOD
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Regular Appintmat Following Probationary Period 18 Objective of Probationary perid 19
in Rejection of Probationer Rejection Followillg Prmtion
Annual Vacation Leave
~nnual Vacation Leave - Miscellaneom
and Uniformed Police nnployees
Annual Vacation Leave - Uniformed Fire
Bnployees working Shifts
Determination of Vacation Benefits Sick Leave Allowance for Occuptioml Sick Leave Sick Leave Conversion Military Leave
Jury Duty Leave of Absence
Hours of Wrk other nCrp1oymnt Attendance Holidays Overtime
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CHANGE IN Em?" STAWS
Transfer Prarnotion mtion
Suspension Reinstatement
Discharge
Reduction in City Work Force
Resignations
Lay-Off
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--SELECTION
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SUBJECT
Purpose Definitions
Reviewable and Nomeviewable Grievance
Special Grievance Procedure Provisions
Grievance Procedure Steps
TRAINING, EDUCATION, IIKEXI" PAY BENEFITS
Training and Education
Incentive Pay
EDUCATION INCENT" PRG3"
Fire
Police
REPORTS AND RECORDS
Roster cards
Change of Status Report
IWLE OF APPEAL TO PERSONNEL BOAJ3D
Right of Appeal
Method of Appeal
Notice
Investigation
Hearings
Findings and .Re"=dations
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RUIE I. PURPOSE: AND DEFINITIONS
Rule I-A. Purpose: The objectives of these rules
are to facilitate efficient and econanical services to the public and to
provide for a fair and equitable merit system of persomelmgwent in
the municipal government.
These rules set forth in detail those procedures which insure
similar treatment for those who -te for original qloyrnent and
pmtion, and define the obligations, rights, privileges, benefits, and
prohibitions which are placed upon all employees included in the merit
system of the City.
At the sam time, within limits of administrative feasibility,
recognition shall be given to the fact that individuals differ, that no
tm individuals react alike to reward and discipline, or to uniform
mtivation and encouragement. For this reason, considerable latitude
shall be given to the Personnel Officer in the execution of his duties
and responsibilities relating to employee morale and discipline.
mile I-B. Definition of Terms: The following terms
whenever used in these rules, shall be construed as follows:
Section 1. "Advancenent": A salary increase of one or mre
steps within the limits of the pay range established for
a class.
Section 2. "Allocation": The assivt of a single position
to its prop class in accordance with the duties per-
formed, and the authorities and respnsiblities exercised.
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I section 3. '
Section 4.
Section 5.
"Appointing Power" : The officers of the City
have the authority to Me the appoinbnent to
tion to be filled.
who
the psi-
"Class" - :
duties, authorities and responsibilities to permit
grouping der a cc"n title and the application With
equity of co"n standards of selection, transfer,
promotion, and salary.
"Damtion" :
All positions sufficiently similar in
The mvement of an employee from one
Section 6.
Section 7.
Section 8.
class to another class having a lower "n rate of
pay, or a change in duties which are allocable to a class
having a lower maxi" rate of pay;
"Eligible":
list.
"Bnployrrrent List" :
(a) open employment list: A list of names of
A person whose name is on an employment
persons who have taken an open-competitive exam-
ination for a class and have qualified.
(b) Promtional employnent list: A list of names of
persons who have taken a promotional examination for
a class and have qualified.
IIwtion" :
(a) Open-cconpetitive examination: An examination for a
particular class which is open to all persons meet-
ing the qualifications for the class.
(b) Prmtional examination: An &tion for a
particular class, admission to the eXamination being
limited to pemaanent and probationary
I c I employees in the city's service who meet the quali-
fications for the class.
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Section 9. "Merit Service": All positions of anploytent in the
service of the City except those specifically excluded by
ordinance.
Section 10. "Permanent l3nployee'': .An mployee who has successfully
mpleted his probationary period and has been retained
as hereafter provided in these rules.
Section 11. "Part-time J?mployee": An employee having a proba-
tionary or regular appointment who works less than 1040
hours in any one fiscal year.
Section 12. "Personnel Ordinance": Ordinance No. which creates
a personnel merit system for the City.
Section 13. "Probationaxy Period": A working test period during
which an employee is required to denonstrate his fitness
for the duties to which he is appointed by actual per-
formance of the duties of the position.
Section 14. "Pramtion": &e mvpnent of an mployee fram one
class to another class having a higher maxi" rate of
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Section 15. "Provisional Appointment": An appinbnent of a per-
son who possesses the mini" qualifications established
for a particular class and who has been appointed to a
position in that class in the absence of available
eligibles.
Section 16. "Reductiont1: A salary decrease Witkin the limits
of the pay range established for a class.
Section 17. "Reinstatement" The reemployment without examina-
tion of a former permanent or probationary employee.
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Section 19.
Section 20.
Section 21.
Section 1.
Section 2.
Section 3.
"Rejection":
service during his probationary period.
"Suspension":
of an ~mrployee witbut pay, for disciplinary purpses.
The separation of an mployee fran the
The taprary separation fm the service
"Temprary Position":
of limited duration.
"Transfer": A change of an mployee from one position
to amther position in the same class or amther class
having essentially the same maxi" salary limits,
involving the performance of similar duties and requiring
substantially the same basic qualifications.
RW 11. PROVISIONS
Fair Ehrployment:
cation form, or in any other personnel proceedings, or of
any appointing authority, shall be so frd as to attmpt
to elicit information concerning political or religious
opinions or affiliations of an applicant, eligible, or
mployee.
shall be affected or influenced in any manner by any
political or religious opinion or affiliation.
Political Activity:
employees shall confom to pertinent provisions of State
law.
Meet ard confer:
matters which are subject to the "met and confer"
process as specified under Section 3505 of the Government
Code of the State of California.
A full-time or part-time position
No question in any test, in any appli-
No appinbnat to or ramval fran a position
The political activities of City
The City Manager shall nqotiate those
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* , Sectioh 4. Violation of Rules: Violation of the pr-cwisions of these
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rules shall be grounds for dismissal, rejection, dation,
or suspension.
Section 5. Amendment and Revision of Rules: Fe”endati0ns for
a“ents and revisions of these rules may be made by
the Personnel Officer. Prior tx) consideration,
any amendment or revision shall be publicly psted
at such places as the City Council shall prescribe for
at least ten consecutive days together with notice of
the time, place, and date of hearings by the City Council.
At the time of consideration, any interested person may
appear and be heard.
became effective upn adoption by the City Council following
amendments and revisions shall
such hearing.
RuI;F: 111. CI;ASSIFIWTION
Preparation of Plan:
son or agency mployed for that mse, shall ascertain
and record the duties and responsibilities of all psi-
Section 1. The Personnel Officer, or a per-
tions in the merit system and, after consultation with
appointing authorities and heads of depar-ts affected,
shall recamend a classification plan for such posi-
tions.
of positions defined by class specifications, including
title, a description of typical duties and respnsi-
The classification plan shall consist of classes
bilities of positions in each class, a statement of the
training, experience, and other qualifications to be
required of applicants for positions in each class. The
classification plan shall be so developed and maintained
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t * I e that all positions substantially similar with respect
to duties, responsibilities, autbrities, and character
of work are included within the same class, and that
the same schedules of campensation may be made to apply
with equity to all positions in the same class. In the
preparation of the classification plan, the Personnel
Officer shall allocate every position included in the
merit system to the classes established by the plan.
Classification and jobaudit per individual review will
be an ongoing duty of administration and the Personnel
Director.
Section 2. adoption of Plan: Before the classification plan or
any part theraf shall become effective, it shall first
be approved in whole or in part by the City Council which
shall arrange for the holding of one or mre public hear-
ings thereon.
in the mer prescribed by the City Council, and the Coun-
cilmay upon the conclusion of said hearing make such
changes or mxlifications of the plan as it shall dean
warranted.
the provisions of the classification plan shall be observed
in the handling of all personnel actions and activities.
Notices of such hearings shall be posted
Upon adoption by the Council, by resolution,
me classification plan shall be amen3ed or revised as
occasion requires in the same manner as originally
established.
New Positions: When a new position is created, before
the same may be filled, the appointing authority shall
notify the Personnel Officer and, except as otherwise
Section 3.
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1 ' provided by ordinance or these rules, IM person shall
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be appointed or employed to fill any such position until
the classification plan shall have been mended to provide
therefore and an appropriate employment list has been
established for such position.
Section 4. Reclassification: Positions, the duties of which have
changed materially so as to necessitate reclassification,
shall be allocated to a mre appropriate class, whether
new or already created, in the same manner as originally
classified and allocated. Reclassification shall not
be used for the purpose of avoiding restrictions surrounding
damtiom and prmtions.
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Preparation of Plan:
son or agency qloyed for that prpse shall prepre
a pay plan covering all classes of positions in the merit
COMPENSATION AM, RELATED BENEFITS
Section 1. The Personnel Officer or the per-
system, showing the mini" and maxi" rates of pay. In
arriving at such salary ranges, consideration shall be
given to prevailing rates of pay for canparable wrk in
other public agencies and in private employment and to
the existhg differences in duties and responsibilities
as set forth in the classification plan. The Personnel
Officer or the person or agency amployed for that purpose
shall thereafter me such further studies of the compn-
sation plan as my be requested by the City Council.
Section 2. Adoption of Plan: The Personnel Officer shall subnit
the proposed pay plan to the City Ca"i1.
shall adopt or amend and adopt the propsed plan.
The council
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I I Thereafter, no position shall be assigned a salary higher
than the maxi" or lower than the mini" salary provided
for that class of position unless the salary schedule
for the class is amended in the same mer as herein
provided for its adoption.
Section 3. Application of Rates: Employees occupying a position in
the merit system shall be paid a salary within the range
established for that position's class in the pay plan.
The mini" rate for the class generally shall apply to
employees upon original appointment but the City Manager
may approve a higher rate of ccarrpensation at any step
within the range if he shall find that the person appointed
is reasonably entitled because of his experience or
ability to a rate in any one of the steps above the
mini" or that it is not possible to obtain qualified
appointees at the established mini" rate.
employees re-employed after layoff shall receive a rate
within the range established for the class and as agreed
upon by the appointing per and the qloyee concerned,
subject to approval of the City Manager. Transfer shall
not affect an employee's salary rate.
Advancement of Rate of Compensation Within a Range:
Bnployees shall be considered for compensation adjustments
Officers and
Section 4.
within their respective compensation ranges in accordance
with the following schedule:
Step B - at the satisfactory completion of their proba-
tionary period in Step A.
Step C - at the carpletion of one year of satisfactory
service in Step B.
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t r Step D - at the compleeon of one year of satLs2actoq7
c servlce in Step C,
Step E - at the completion of one year of satisfactnry
service Step D.
AclvancEfnents to Step B through E shall be approved
by the City Manager following approval by the Personnel
Officer and written recatmendation by the department
head under whom the mployee serves. Any nonprobationary
miscellanaus ~srp?loyee my be advanced to the next higher
salary step in range regardless of time served at a pre-
sent step. Such advancement to be the result of a
recamendation originated by the supervisor responsible
for completion arrd sukmission of the employee's per-
formance evaluation. Reconanendations shall be approved
by the employee's department head and the City "ger.
Pmtion or Advancanat in Rate of Campensation:
when an employee is pmted from the Esnployment in one
Section 5.
class to mployment in a class allocated to a higher range,
he shall be advanced to the lowest step in such higher
range which will provide not less than one step increase
in campensation unless the 5th step in such range provides
less than one step increase.
Section 6. Out of Classification Compensation: Fire safety employees
are authorized out of classification campensation of a
mini" of five percent (5%) above a "ber's existing
salary for each occas3on the member is employed out of
classification; such ocarcpensation to camence following
the first four hours of anploymentout of classification.
%sigrrmentof Employees to out of classification service
will be at the sole discretion of the Fire Chief.
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Section 7. ~ Deferred Compen sation: The city shall provide for a
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Deferred Compensation Plan which may be utilized by any
qloyee on an optional basis. The city reserves the
right to accept or reject any particular plan and to
impose specific conditions upn the use of any plan.
Such plan shall be wimut cost to the city.
Section 8. Group Health/Accident and Iong Term Disability Plans:
All full-time City employees are eligilbe for the Group
Health/Accident/Dental/Eye Care Insurance Plan, With
dement coverage provisions the costs of which will
be borne by the City and employee in shares as determined
by employer-mployee agreements approved by the City
Council.
All full-time City employees are eligible for the Wng
Term Disability Insurance Plan, the cost to be borne
by the City.
The terms, awards, conditions, and premims of the
Group Health/Accident/Dental Eye Care Insurance Plan
and the Wng Term Disability Insurance Plan shall be as
specified by the city's agreement with the insuring
agencies.
Section 9. Salary Payment Procedure: All department heads shall
subnit to the Personnel Officer a time sheet listing
the total rnrmber of "a1 and approved overtime hours
worked by each employee to the end of each pay period.
The time sheet shall indicate any absences and type or
designation of absence. Absences, suspensions, etc.,
for which no payment has been authorized shall be deducted
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I , from the normal biweekly salary on the basis of 26 pay
periods per year.
of less than normal, as in the case of new employees,
terminated employees, leaves of absence without pay,
etc. , shall be computed on the basis of the biweekly or
hourly rate less the nurmber of working days of absence.
F3JI.E V. APPLI~TIONS AND AT?PLIm
Similarly, salary for working periods
Section 1. I"cmt: All examinations for classes included in
the merit system shall be publicized by posting amounce-
ments in the City Hall, on official bulletin boards, and
by such other methods as the Personnel Officer deems
advisable.
pay of the class for which the examination is announced;
the nature of the mrk to be perfomd; preparation desir-
able for the performance of the mrk of the class; the
manner of making applications; and other pertinent
information.
The announcmts shall specify the title and
Section 2. Application Forms: Applications shall be made on forms pro-
vided by the Personnel Officer.
formation covering training, experience, and other perti-
nent information, and must be signed by the person applying.
Such forms shall require in-
Section 3. Disqual ification: me Personnel Officer shall reject any
application which indicates on its face that the applicant
does not possess the minimum qualifications required for the
position or is not a citizen of the United States, except
when citizenship is not required by state law. Wli-
cations also shall be rejected if the applicant is known
to be physically unfit for the perfonnance of duties of the
position to which he seeks appoinment, is addicted to the
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' habitual excessive use of drugs or intoxicating liquor;
has been convicted of a crime involving mral turpitude;
has made any false statement of any material fact, or
practiced, or attempted to practice, any deception or
fraud in his application. "ever an application is
rejected, notice of such rejection with statement of rea-
son shall be mailed b the applicant by Personnel Officer.
Defective applications my be returned to the applicant
with notice tn amend the same, providing the time limit
for receiving applications has not expired.
mVI. E2"ATIoNs
Section 1. General Nature and ws of E&" ' tions: The selection
techniques used in the examination process shall be
impartial, of a practical nature, and shall relate to
those subjects which, in the opinion of the Personnel
Officer, fairly measure the relative capacities of the
persons examined to execute the duties and responsibili-
ties of the class to which they seek to be appointed.
Examinations shall consist of such recognized personnel
selection techniques as achievments tests, aptitude
tests, psychological tests, emlustions of personality
and background through personal interviews, prefomce
tests, evaluations of work perfonnance, wrk samples, or
physical agility tests, or any canbination of thm.
Section 2. prormtional Examinations: Promotional examinations my
be conducted whenever, in the opinion of the Personnel
Officer, the needs of the service require.
examinations may include any of the selection techniques
Prcmtional
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l mtioned in Section 1 of this Rule, or any cambination
of them.
met the requirements set forth in the promtional
examination an.muncements my compete in prmtional
examinations.
only permanent or probationary Epnployees who
Section 3. Open-competitive Examma * tions: maminations for a
particular class which are open to all persons meeting
the qualifications for the class shall be conducted
whenever the needs of the service require and as a
result of which mes shall be placed on an anployment
list, in order of final scores, far a period of not
mre than one year.
Section 4. Conduct of E3"tion: The Personnel Officer shall deter-
mine the manner and metbods and by whnn examinations
shall be prepared and administered.
any carptent agency or individual for the performance
He may arrange with
by such agency or individual of the responsibility for
preparinq and administering examinations or shall per-
sonally perform such duties.
arrange for the use of public buildings and qipent
The Personnel Officer shall
for the conduct of examinations and shall render such
assistance as shall be required with respect thereto.
Section 5. scoring Barninations and Qualifying Scores: In all
examinations the mini" score or standinq for which
eligibility may be earned shall be based on all factors
in the examination, including educational requirements,
experience, and other qualifying elements as shown in
the application of the candidate or other verified in-
formation,
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Section 6. Notification of Examinaeon Results and Review of Papers:
Each applicant taking an exambation shall be given
written notice of his final earned score and, if success-
ful, of his rank on the employment list.
shall have the right to inspect his own paper
within five working days after the notices of examination
results were mailed. my error in computation, if called
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Any applicant
to the attention of the Personnel Officer within this
period, shall be corrected.
however, invalidae appointments previously made.
RULEVII ~~YMENTLISTS
Bnploymnt Lists:
pletion of an examination, the Personnel Officer shall
prepare and keep available an mployment list oonsisting
of the names of applicants who qualified in the em"-
tion, arranged in order of final scores, from the highest
to the lowest cpalifying score, The final score shall be
determined by the total of the scores received by each
applicant for each part of the test, based upn the re-
lative value assigned to each part of the examination
before the exmination is given.
ratings are received, names shall be arranged in order of
Such corrections shall mt,
Section 1. As soon as possible after the corn-
Whenever identical
the application date.
Section 2. Duration of Lists: Promtional employment lists shall
rain in effect for one year, unless sooner exhausted,
and my be extended, prior to their expiration dates,
by action of the Personnel Officer for additional periods,
but in no event shall such a list remain in effect for
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I mre than tsm years.
the result of examinations shall ramin in effect for not
Open-employment lists created as
mre than one year after the last administration of the
examination, unless sooner exhausted. Names placed on
such lists shall be merged with any others already on
the list in order of final scores and shall rennin on
the- list for not mre than one year.
Section 3. Reemploymexlt Lists: The names of probationary and per-
mat employees dm have been laid off shall be placed
on appropriate reanploymnt lists in the order of their
seniority. Such names shall remain thereon for a period
of one year unless such persons are sooner remployed.
When a remployment list is to be used to fill vacancies,
the Personnel Officer shall certify from the top of such
list tlae nmkr of names equal to the numker of vacancies
to be filled, and the appointing power shall appoint such
persons to fill the vacancies.
Remval of Names From List:
ing on an mployment, reemployment, or pmtional list
shall be remved by the Personnel Officer if the eligible
requests in writing that his name be raved, if he fails
to respond to a notice of certification miled to his
last known address, or for any of the reasons specified
in Rule V, Section 3, of these rules.
affected shall be notified of the renova1 of his name by
a notice mailed to his last knm address. Tke names
of persons on pmtional employment lists wh resign
from the service shall autmatically be drop@ fmm
Section 4. The name of any person appear-
The person
such lists.
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Fall3 T7111.
~ypes of appoiniment: All vacancies in the -it system
METHOD OF FIIGI” VACplNCm
Section 1.
shall be filled by remploymnt, transfer, demotion, or
fram eligibles certified by the Personnel Officer fram an
appropriate employment or pmmtional list.
absence of persons eligible for appointment in these
In the
ways, provisional appointments my be pemitted in accord-
ance with the Personnel Ordinance and these rules.
Notice to Personnel Officer: Whenever a vacancy in the
rnerit system is to be filled, the appointing power shall
notify the Personnel Officer.
shall advise the appointing per as to the avail-
Section 2.
fie Personnel Officer
ability of employees for reemployment, requested trans-
fers, or damtion, and of eligibles on employment or
promotional lists for the class.
Section 3. Certification of Eligibles: The appointing power shall
indicate whether it is desired to fill the vacancy by
reenrploymnt, transfer, or damtion, or whether certi-
fication from a promotional or employmnt list is pre-
ferred.
mentor promotional list, the names of all persons will-
If appobbnent is to be made fram an employ-
ing to accept appointment shall be certified in the order
in which they appear on the list.
Section 4. Order of Certification: Whenever certification is to
be mde, the employment lists, if each exists, shall be
used in the following order: reemployment list, pro-
mtional list, open-acknpetitive list. Whenever there
are fewer than three names on a pramotional list or an
opa-cmpetitive list the appointing authority my make
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b an appointment from mny such eligibles or my request
the Personnel Officer to hold a new enation and estab-
lish a new mployment list.
Section 5. Appointment: After interview and investigation, the
appointing power shall make appoinments from mng those
certified and shall hediately notify the Personnel
Officer of the person or persons appointed.
nel Officer shall thereupon mtify the person appointed
and if the applicant accepts the appointment and pre-
sents himself for duty within such period of time as
the appointing authority shall prescribe,‘ he shall be
The Person-
de& to be appointed; otherwise, he shall be deemed to
have declined the appohtment.
Section 6. Provisional Appohtments: In the absence of appro-
priate employment lists, a provisional appointmnt
may be made by the appointing authority of a person
meeting the “m training and experience qualifi-
cations for the position.
be esbablished within six mnths for any permanent
position filled by provisional appointment.
Manager my extend the period for any provisional
appointment for not mre than thirty days by any one
action.
No credit shall be allowed in meeting any qualifica-
tion or in the giving of any test or the establishment
of any employment or pmtional lists, for service
rendered under a provisional appointment.
An enployment list shall
The City
-17-
'sectiqn 7. m=qency Appo intments; %b meet the irrsnediate gapire?-
mts of an Emergency condition, such as extraordinary
fire, flood, or earthquake, wkich threatens public
life or property, any legally amptent officer or
mployee may Egnploy such persons as nay be needed for
the duration of the mergenq without regard to the
Personnel Ordinance or rules affecting appointments.
As soon as pssible, such appointments shall be reported
to the Personnel Officer.
Section 1. Regular Appointment followbg Probationary: N.1 ori-
ginal appointments shall be tentative arad subject to
a probationary period of not less than one year actual
service. All promotional appointments shall be tenta-
tive and subject to a probationary period of not less
than six months actual' sewice, excepting police and
fire safety mployees. Prmtional probation for police
and fire safety mployees shall be one year. The Person-
nel Officer shall notify the apinting authority and the
probationer mncernced two weeks prior to the terrmna ' tion
of any probationaxy period. The probationary periods
shall cOrOmence on the first day of the first full caleridar
mnth after anployment or promtion to a higher classi-
fication.
period shall lengthen the period by the nunber of calendar
days of the leave of absence.
bationary Esrrployee has ken satisfactory to the appro-
priate supervising authority, then the supenrising
authority shall file with the Personnel Officer a state-
A leave of absence during the probationary
If the service of the pro-
-1%-
, merit in writing to such effect and stating that the
retention of such employee in the service is desired.
If such a statement is not filed, the enrrployee will be
deemed to be unsatisfactory and his mployment twin-
ated at the expiration of the probationary period.
Section 2. Objective of Probationary Period: The probationary
period shall be regarded as a part of the testing pro-
cess and shall be utilized for closely observing the
employee‘s work, for securing the mst effective adjust-
ment of a new Esnployee to his psition, and for reject-
inq any probationary enrrployee whose performance does
not meet the required standards of work.
Section 3. Rejection of Probationer: During the probationary
period. an4mployee my be rejected at any time by
the appinting mwer without cause and without the
right of appeal. Notification of rejection in writing
shall be served on the probationer and a copy filed With
the Personnel Officer.
Section 4. Rejection Following Pronrotion: Any enployee rejected
during the probationary -period. following a promOtional
appointment, or at the conclusion of the probationary
period by reason of failure of the appointing power
to file a statanent that his services have been satis-
factDry, shall be reinstated to the psition from which
he was pronroted unless charges are filed and he is dis-
charged in the manne-r provided in the Personnel Ordi-
nance and these rules for positions in the merit system.
The appointing pwex shall notify the probationer in
wj33ny as to whether his services are satisfactory or
unsatisfactory.
-19-
t RUIE X, A'ITEIWm W LEBW?: The Vse of annual
vacation leave is to enable each eligible employee
annually to return to his workmentally refreshed. ZUl
full-time City employees shall be entitled to annual
vacation leave with py except the following:
(a) mployees who have served less than six mnths
in the service of the City; howeva, vacation
credits for the time shall be granted to each
such enployee who later receives a permanent
appointment.
(b) Ebployees wl?o work on a provisional basis, and
all employees who work less than one thousand
forty (1,040) burs a year.
Section 2. Annual Vacation Leave - Miscellaneous and Uniformed
Police n-nployees: All eligible miscdlaneous and
uniformed @ice employees shall be entitled to a
vacation according to the number of continuous full
calendar years of employment based on the following
scale :
1 through 5 full cale years of continuous service -
10 working days.
6 through 15 full calendar years of continuous service -
15 working days.
16 and over full calendar years of continuous service -
20 working days.
Section 3. Annual Vacation Leave - Uniformed Fire Employees Wrk-
ing shifts:
working shifts shall be entitled to vacation according
to the nunher of continuous full calendar years of
employcent based on the following scale:
All eligible uniformed fire employees
-20-
' 6 shifts:
ous service.
1 through 5 full calendar years of continu-
9 shifts: ous service. 6 through 15 full calendar years of continu-
12 shifts: ous service. 16 and over full calendar years of continu-
Vacation for shift employees shall cmence irmediately
following their last work shift. Vacations for uni-
fod fire employees who are not regularly assigned
to shift hours shall be determined on the same basis
as for miscellaneous employees.
Section 4, Determination of Vacation Benefits: Einployees who
work less than full time, butmre than one thousand
forty (1,040) burs a year, shall be credited vaca-
tion on a prorated basis.
For the purposes of computing vacation grants, employ-
ment shall be considered to have cortnnenced on the
first full calendar mnth of mployrrent.
For the purposes of mputing annual vacation leave,
a wrking day shall be considered as one-fifth (1/5)
of the number of working or duty hours in the estab-
lished wrk week.
The times during a calendar year at which an enrployee
may take his annual vacation leave shall be determined
by the department head with due regard for the wished
of the employee and paticular regard for the needs
of the service, mh5ma.n application being four hours
leave.
No employee my accurrrulate mre than twenty-nine days
of annual vacation leave from one calendar leave year
-21-
R to another.
leave, Saturdays, Sundays, and official holidays shall
not be counted as work days.
Permanent employees who terminate employment shall be
!?or the purposes of ctranputing vacation
paid the salary equivalent to all accrued vacation
leave, earned prior to the effective date of termina
tion not to exceed 29 days.
be made for vacation accmtulated contrary to the pro-
visions of these rules.
Any probationary or permanent miscellaneous City
employee in the classified service may request can-
pensating time off for overtime worked at a rate of
one and one half the overtime hours wrked.
or disapproval of the request rests
with the City. If the accrual of compensation time
off is approved, such accrued ocarrpensating tilne off
shall be taken not later than the end of the third ann-
-
No such payment shall
The approval
plete pay period following such accrual.
shall an employee accrue more than fifty (50) -tal
burs of "pensating time off, nor shall the use of
such cartlpensating time off be extended beyond the end
of the third carrq?lete pay period following the accrual.
after one full consecutive year of service and upon
recamendation of a department head and approval of
the City Manager, a fire safety employee who has worked
overthe my be granted. ccanpensating time off in lieu
of pay, providing the corpnsating time off does not
exceed ten working days per year.
In no case
Police safety Wloyees
-22-
may elect cmpensabry time off in lieu of salary cam-
pensation for holidays or overthe worked.
tion to be limited lm the accrual of notmre than
Such elec-
eighty (80) burs of -satory time off at any one
time. The use of any dination of compensatovy
the off and annual vacation shall not exceed one hund-
red sixty (160) hours at any one the during any fiscal
year.
day work or overtime work as well as final approval of
requests for ccarq?ensation time off shall be the sole
responsibility of the Police Chief.
mployment temuna ' tes continuity of service for vacation
benefits.
Sick Leave:
all probationary and permanent employees within the merit
system at the rate of one work day for each calendar
mnth of service except those who work less than 1040
hours a year.
In all cases the assignment of employees 50 holi-
Termbation of
Section 5. Sick leave with pay shall be granted to
Any such leave accrued but unused in any
year shall be cunniLative for succeeding years.
leave shall not be considered as a privilege which an
~fcrployee may use at his discretion, but shall be allowed
only in case of necessity and actual sickness or dis-
ability. Any abuse of sick leave is cause for disci-
plinary action or di&ssal by the appointing power.
Employees eligible for sick leave shall be granted such
leave when they are incapacitated for performance of
their duties by sickness, injury, or for medical, dental,
or optical exmination or treatment, or when a m&r of
the hnediate family of the anployee is afflicted with an
Sick
-23-
I I illness and requires the care and attendance of the employee,
or when, through exposure to contagious disease, the
presence of the anployee at his post of duty would
jeopardize the health of others.
The term "contagious disease" mans disease or illness
subject to guarantine or reqyiring isolation or restric-
tion of mvment of the patient for a particular period
in accordance with regulations prescribed by the local
health authorities having jurisdiction. If no definite
time period is specified by the regulations, the period
shall be determined by the attending physician.
sick leave is granted under these circumstances, an
When
explanatory medical certificate from the physician is
required.
An employee who is absent on account of sickness must
notify his supervisor as early as practicable on the first
day of such absence, or as soon thereafter as possible.
Requests for sick leave for medical, dental, or optical
exanhations must be approved in advance by the supervisor.
Any grant of sick leave in excess of three consecutive
work days must be supprted by a medical certificate
furnished by the Personnel Office to be filled out by
a physician or practitioner.
is for three consecutive work days or less, the Personnel
Office my accept the employee's certification as to the
reason for absence.
Written applications for sick leave must be filed with
the supervisor within the pay period in which the
employee returns to duty.
When the period of absence
-24-
4 Part-time e;rrq?loyees, with regularly scheduled tours
of duty fixed in advance, who work mre than 1040 hours
a year shall earn sick leave on a prorated basis.
Part-time employees for wham no regularly scheduled
tour of duty has been prescribed and who work less than
1040 hours per year do not earn sick leave.
employee who is absent fm work by reason of attend-
Any eligible
ance upn "hers of the imneaiate family whose illness
requires the care of such employee, or death in the inarredi-
ate family of the employee, may be allowed.
fdly shall include the father, mther, brother, sister,
spouse, mother-in-law, father-in-law, or dependent of any
eligible employee of the City.
An mployee who is required to take a physical examination
in connection with induction or enlistment in the Armed
Forces is not charged leave for the time necessary to
complete the examination.
who are recalled to active duty are placed on pay status
with the branch of the Zmnd Forces for the time required
to take the physical examination and, therefore, must
be charged leave or leave without pay for that purpose.
Employees making a donation of blood without charge will
be given reasonable time off for that purpose.
will be made against annual or sick leave when such
absence is approved in advance by the supervisor.
Application of sick leave entitlement to medical and
dental calls during working hours may be authorized at
the discretion of the department head.
Miate
Members of the military reserve
No charge
For the purposes of
-25-
? computing sick leave, employment shall be ansidered to
have rommenced on the first day of the first full calendar
month of employment. Holidays occurring during sick leave
shall not be counted as a sick leave.
not be taken as vacation time, nor campensated for in
cash at any time.
Notwithstanding anything in this section to the contrary,
local safety employees are not entitled to sick leave
for any job related illness, injury or other occurrence
which entitles the employee to benefits under s4850 of
the Labor Code (hereinafter '4850 benefits').
Manager may authorize use of sick leave after 4850 bene-
fits ).
after 4850 benefits are exhausted for job related ill-
ness or injury if he/she determines that:
(a)
(b)
Sick leave shall
S
The City
The City Manager may authorize use of sick leave
The injury is not permanent and stationary.
The use of sick leave will rot extend the effective
date of the employee's retiraent.
The employee is physically unable to wrk and there
is a reasonable probability he/she may return to
work.
(c)
If the City determines that a local safetymh should
be retired for disability, such retiranentmay beccnne
effective, notwithstanding the fact that his/her sick
leave has not expired.
Section 6. Lgllowance for Occupation Sick Leave: Leave with pay
for injuries sustained in the line of duty shall be
granted as follows:
-26-
< 7 (a) Afiscellaneous employee absent because of injury
received in line of duty is dharged either sick
or annual leave if the period of incapacitation
exceeds ninety (90) calendar days and receives m
credit for either annual or sick leave for the period
of inCapacitaticm that exceeds ninety (90) calendar
days.
the allowance granted by the insurance and the munt
the employee muld ordinarily receive for the period
of incapacitation not to exceed ninety (90) calendar
days.
to apply pro-rated accrued sick or annual leave
to such absence, and to receive canpensation there-
fore in the ammt equal to the difference between
the mrpmation W which he is entitled under the
Workmen’s Campensation Act and his regular pay,
not to exceed the amount of his earned sick or annual
leave. In figuring the benefits paid by hsurance,
wage benefits alone shall be considered and medical
and hospital benefits shall be excluded.
A local safety employee absent because of injury
received in line of duty is charged either sick or
annual leave if the period of incapacitation exceeds
one full calendar year and shall not be granted sick
leave in lieu of nor in addition to the leave of
absence with pay authorized by Section 4850 of the
California Zabor code. mal safety employees are
mt atitled to sick leave for any job related
The City will supply the differace between
Thereafter during such absence he my elect
(b)
-22-
v injury or other occurrence which entitles the anployee
to 4850 benefits. The City will supply the difference
between the allowance granted by the insurance and
the amount the Employee would ordinarily receive
for the period of incapacitation rot to exceed one
full calerdar year.
Section 7. Sick Wve Conversion: My permanent miscellaneous
Employee who has accrued and mahtains a mini" of one
hundred (100) hours of sick leave shall be permitted
to convert up to twelve (12) days of acdated unm-
pensated sick leave to vacation at a ratio of three (3)
sick leave days per one (1) day of vacation.
opportunity to elect the conversion of sick leave to vaca-
tion shall be offered to employees during the first ten
calendar days of August, 1979.
leave conversion option will be provided during the first
week of each fiscal year.
Any permanent miscellaneous qloyee applying for retire-
ment with the Public mloyees' Retirment Systemmy
convert accrued and unused sick leave time to extend ser-
vice time in the system at the ratio of 25 days of accrued
sick leave to one mnth of extended service.
1u1 employees entitled to military leave shall give the
appointing power an opprtunity within the limits of
The initial
Thereafter, the sick
Section 8.
military regulations to determine when such leave shall
be taken. Military leave with pay must mt exceed fif-
teen (15) days in any one calendar year for any full-
time pement employee who has been in the service of the
City for one year or mre.
-28-
A request for military leave which does not fall in the
above categ-ory sbuld be referred to the City Manager,
The City Manager may grant military leave of absence or
military furlough upon receipt of the eprrployee's appli-
cation supported by an Armed Forces order.
Jury Duty: Dnployees wha are called for jury duty shall
be granted leaves of absence during periods of jury ser-
vice,
regular rates of pay during such leaves.
Leave of Absence:
employee leave of absence without pay.
shall be granted except upon written request of the
qloyee. Appraval shall be in writing and a copy filed
With the Personnel Officer. Failure on the part of the
employee on leave to reprt prmptly at its expiration,
or within a reasonable time after notice to return to
duty, shall be cause for discharge.
Section 9.
The City will continue lm pay qloyees their
Section 10. The City Manager my grant a permanent
No such leave
Maternity leave of absence without pay shall be
authorized wanen employees making application as pre-
scribed abve.
A pregnant employee my continue to mrk until
such time as the employee's physician declares that
continued work would adanger the health or safety of
the employee.
A pregnant employee my use all and any accrued
sick leave and vacation for purposes related to the
termination of pregnancey.
An employee who has termlna ' ted a pregraancy my
return to work at any time after the tentuna ' tion of
-29-
Section 11.
Section 12.
Section 13.
the preqnancy that the employee's physician declares the
return to wrk will not endanger the health and/or safety
of the wloyee.
Hours of mrk: All offices of the City, except those for
which special regulations are required, shall be kept
open for business on all days of the year except Saturdays,
Sundays, and holidays oontinuously from 8:OO a.m. until
5:OO p.m.
Rnployees for who necessity requires a different sche-
dule than that generally applied, shallmrk according to
regulations prepared by the respective department head
and approved by the City Manager.
Other Bnployment: No City employee shall be permitted
to have outside emplo~twhich is hconsistat or
incclmpatible with his City enzploymmt.
desires to have outside anploymat shall first obtain
written approval from his departmnt head and the City
An employee who
Manager.
Attendance:
work in accordance with the rules regarding burs of work,
Einployees shall be in attendance in their
holidays, and leaves. All departments shall keep daily
attendance records of employees which shall be reported
to the Personnel Officer in the form and on the dates he
shall specify.
absent without leave, to return to duty within twenty-
four (24) hours after notice to return shall be cause
$or inanediate discharge, and such employee automatically
waives all rights under the Personnel Ordinance and rules.
Failure on the part of an employee,
-30-
* Section 14. Holidays: Municipal offices shall be closed on days
designated as holidays by City Council resolution. Einployees
shall receive laolidays or overtime pay in accordance with
City Council resolution effecting employee benefits.
When a City Council authorized holiday falls on Sunday,
the following Monday will be observed. When a City Council
authorized holiday falls on Saturday the previous Friday
will be observed.
Section 15. overtime:
(a) Application: Any errployee in the classified service
who is ordered, because of emergency or in the interest
of the efficiency of the department, to render service
beyond the normal work week delineated for his classifi-
cation shall be granted "pensation in pay or time for
such overtime at one and one-half times his regular
hourly rate. Payment or time given for overtime shall
be made during the pay period wherein the overtime was
earned.
40 hours.
Time in lieu of pay at no the shall exceed
(b) Holiday Time: (1) In those instances where an qloyee
other than police and fire department personnel is
required to render service as designated in Section 14
of this rule and as defined in the Califomia State Code
Section 5201, the employee shall be granted compensation
for such overtime at one and one-half times his regular
hourly rate.
(2)
to work shifts of a normal 40-hour work week, Sunday
Members of the police department who are required
-31-
ff through Saturday, shall be paid at the rate of one and
one-half times the employee's regular hourly rate of pay
in lieu of eleven holidays.
during the pay period wherein the overtime is worked.
Members of the police department who are required to
work a normal eight hour day (8:OO am. to 5:OO pa.,
mnday through Friday) shall receive holiday overtime
at the rate of one and one-half times the employee's
regular hourly rate of pay for each of the eleven
scheduled holidays worked in a forty hour work week, and
having worked a minimum of six of the eleven scheduled
holidays in any calendar year shall receive holiday over-
tine pay for eleven holidays.
during the pay period wherein the overthe is worked and
during the final mnth of the fiscal year because of
fulfillment of the "miniram of six" requirement.
(3)
to work 24-hour shifts to a 63 hour work week, Sunday
through Saturday, shall receive holiday overtb at the
rate of one and one-half times the enployee's regular
shift rate of pay for five and one-half (5-1/2) shifts per
year, or a prorata share using the ratio 1/12 for each
Payrent shall be made
Payment shall be made
Makers of the fire department who are required
mnth, or part thereof, worked for less than the full
tine year. Payment for holiday overtire shall be made
one time per year during the final mnth of the fiscal
year or the final mnth of qloymmt, whichever is
first.
(c) Administration of Overtime and Holiday Time: The
-32-
< srrallest unit of time credited as overtime shall be
one-half (1/2) hour for any pay period. Overtime worked
that is less than one-half (1/2) hour during a pay
period shall be disregarded and may not be accumulated
except for calculating whole hours within said pay period.
The department head shall report all overtime for pay or
\ tine in lieu on finance department tinme and pay records.
The departmentheadshall report all time away from work
in the matter of allowing the use of acmlated
compensation time.
(d) Definition of Overtime and Holiday Time: For the purposes
of this section, the following definitions shall apply.
(1)
normal work week consisting of 40 hours or, in the case
"Overtime" shall man any time worked in excess of the
of the fire department, any th worked in excess of
63 hours during the work week which if credited as set
forth hereinabove.
(2)
of the holidays designated in Paragraph (b,l)! and
to the nom1 work week in the case of police and fire
"Holiday Time" shall man work performed on any
deparhnent personnel.
(e) Call-Back Overthe: Whenever an employee is called back
to work for less than Ixo (2) hours, he shall receive a
mini" of two (2) hours of overtime compensation at time
and one-half. All time worked which exceeds the mini"
of two (2) hours shall be canpensated for at the actual
hours worked at the rate of time and one-half.
(f) Exceptions to Overtime Policy: These overtime provisions
shall not apply to personnel under the Executive Salary Plan.
-33-
(4) Standby Pay:
time assigned by the appointing authority, in addition to
the employee's normal work week assigNnent, during wkich
the employee must remain where he can be contacted by
telephone or radio, ready for irrmdiate call-back to his
Standby duty is defined as that period of
L
departmsnt to perform an essential service.
for employees shall be compensated in an munt of $10 daily.
Standby time
RUL;E XI. CFIANGEE IN EMpLoyEaEfsr STATUS
Trans€er:
may be transferred by the appointing per at any tirm!
--
Section 1. After notice to the Personnel Officer, an erployee
fm one position to another position in the same or
corrg?arable class.
the jurisdiction of one supervising official to another, both
If the transfer involves a change fm
must consent thereto unless the City Manager orders the
transfer for purposes of emnoq or efficiency. Transfer
shall not be used to effectuate a pramtion, dmtion, ad-
vancement, or reduction, each of which may f=e acoamplished only
as provided in the Personnel Ordinance and in these rules.
person shall be transferred to a position for which he does
not possess the mininnrm quaZifications.
No
Section 2. Promtion: Insofar as practicable and consistent with the
best interest of the service, all vacancies in the mrit
system shall be filled by pmtion from within the City's
service, after a promtional examination has been given and
a pmmtional list established.
appinting per, a vacancy in the position could be filled better
by 0-pen competitive dation instead of a closed prmtional
If, in the opinion of the
-34-
1
Section 3.
Section 4.
Section 5.
examination, then the appointing pwer my request the
Personnel Officer to call for applications for the vacancy
and arrange for an open mpetitive examination and for
the preparation and certification of an eligible list.
(Reference: Section 5, Rule W)
Demtion: The appointing pwer nay dmte an en-iployee
whose ability to perform his required duties falls below
standard, or for disciplinary purposes. Upon request of
the ennployee, and with consent of the prospective super-
vising official, damtionmay be mde to a vacant psi-
tion as a substitution for lay-off.
be demted to a psition for which he does not posses
the mini" qualifications.
shall be given the qloyee before or within three days
after the effective date of the demtion, and a copy filed
with the Personnel Officer.
Suspension:
from his position at any time for the good of the service,
for disciplinary purpose, or for other just cause with the
approval of the City Manager.
shall not exceed thirty days, nor shall any employee be
penalized by suspension for mre than thFrty days in any
fiscal year.
the Personnel Officer by the appointing mer.
Reinstatement:
an Employee who has resign& with a god recordnay be
reinstated within two years to his former position, if
vacant, or to a vacant position in the same or canparable
No Ennployee shall
Written notice of the demotion
The appointing pwer may suspend an esrq?loyee
Suspension without py
Suspension shall be reported hmediately to
With the approval of the appointing power,
-35-
class. Upon reinstatesnent, the employee, for dll pur-
pses, shall be consider& as though he had received an
original appointment.
Section 6. Discharge: An qloyee in the merit service my be dis-
charged at any time by the appointing per, upon approval
of the City Manager and prior notification to the Personnel
Officer. Any gnployee who has been discharged shall be
entitled to receive a written statanent of the reasons
for such actions and to a hearing if he so requests, as
provided in the Personnel Ordinance and these rules.
Section 7. Lay-off: me appinting pwa may lay-off an gnployee
in the merit serVice because of material change in duties
or organization or shortage of work and funds.
days prior to the effective date of a lay-off, the ap@ntiq
Ten mrking
per shall notify the Personnel officer of the intended
action with reasons Wefore, and a statement certifying
whether or not the services of the qloyee have been
satisfactory. A copy of such notice shall be given the
fnnployee affected.
factmy service, the name of the employee laid off shall
be placed on the appropriate reanploymat list as provided
by these rules.
If certified as having given satis-
Section 8. Reduction in Force Procedures: The following procedures
will apply to all probationary axd permanent miscellaneous
city anployees in the event of a reduction in the City
work force.
(a) Definiticms: The following definitions apply to
these procedures:
(1) City Service Seniority shall be determined as
-36-
the pericd of total continuous service with
the City as measured from the date of original
appointment .
Classification Seniority shall be determined as
the period of total continuous service of an
employee in the present classification as mea-
sured fm. the date of appointment to that
classification.
(2)
Reduction in Force-Dmtion: Whenever there is
a reduction in work force the City shall first dmte
to a vacancy, if any, in a classification, which the
qloyee with the greatest length of continuLous City
service has previously scxvd and its determined to be
currently qualified. An employee may refuse to accept
a damtion and accept layoff without jeopardizing
reemployment rights otherwise provided for in this
procedure
Reduction in Force--Layoff: Whenever there is a
reduction in the work force, the City shall secondly
layoff employees within a classification according
to continuous service seniority.
least continuous City service shall be laid off first.
Notification:
work force requiring layoff the City shall serid writ-
ten notice to the last known address of each anployee
affected by a layoff.
(.l) reason for layoff, (2) classes to which the employee
my dwte within the City, if any, (3) effective
Employees with the
Whenever there is a reduction in the
The notice shall include the
-37-
on and rebstatment fm reanploynent lists, and
(5) rules regarding waiver of reinstatement and
voluntary withdrawal from the reemployment list.
(e) Determhing Length of Seniority: In determining
continuous City service seniority, all uninterrupted
aployment from the original date of hire, including
periods of authorized leaves of absence and includ-
hg all periods of time service seniority, all
uninterrupted employment from the original date of
hire, including periods of authorized leaves of
absence and including all periods of time served as
a limited term or CETA employee, shall be munted as
continuous City service seniority.
(f) Order of Reduction in Force: In a reduction in
force the following order of layoffs shall be fol-
lowed: (1) part-time, temporary and provisional
employees in the affected classification series; (2)
limited term employees in reverse order of their
seniority in the affected class series; (3) City
probationary employees in reverse order of their
classification seniority in the affected class
series; (4) should there be need for further re-
duction, regular employees in the affected clas-
sification series shall be given the opportunity to
acceptor refuse dfsnotion as previously described in
SectLon B in reverse order of their classification
seniority; (5). &auld a reduction in force still be
necessary, regular anployees shall be laid off in
reverse order of their classisification seniority.
-39-
Employees with Xdentical Senlorlty: Should two
or'mre Epnployees have identical sdority, the order
of layoff and damtion will be determjhed by alpha-
betical order of the employees' surnames.
Transfer: all effort will be made by the City to (h)
transfer any epnployee WELO is to be affected by a
reduction in force to another vacant position for
which such Esnployee may qualify.
Ci) Order and Method of Damtion Pursuant to a Reduc-
tion in Force--Emping: When required due to a
reduction in force, employees shall be demted in
the following mer:
(1) Eznployees wb are dmted, who have held
permanent status in a lower classification
shall have the right to bump employees of
lesser seniority in that lwa classification.
(2) E$rq?loyees who have not actually held status
in a lower classification shall be allowed
to demote to a vacant position or to a
position held by a City probationary employee
in such lower class, but may not bump regular
City anployees already in that lowar clas-
sif ication.
(3) Reinstatement of Eahployees Denoted as a Result of
a Reduction in Wrk Force:
as a result of a reduction in force shall have their
Eanployees who are demoted
39-
mes placed on a reinstatement list, in the
of their seniority, Vacant positions in which. an
employee has served within a classification series
shall first be offered to employees on this list.
(k) Reanplopent of Eknployees Laid Off as a Rdt of
a Reduction in Force: Einployees who are laid off
and who held prmnent City status at the time of
layoff shall haye their names placed on a re-
ennploynent list for classifications at the same or
lower salary range for which they qualify in the order
of their calssification seniority. 'vacant positions
in such classifications will be offered to eligibles
on the reemployment list who qualify for such
vacancies prior to an open or pmtional recruiwnt.
Duration of Reinstatanent and Reemployment Lists:
me eligibility of individuals on the reinstate-
ment and reaployment lists shall atend for a
pied of tw years fmm the date of damtion
or layoff.
notification of an opening after ten working days
shall have their names remved fmm either the
reemploymentor reinstatement list,
Restoration of Benefits Upon ReۦnploymentFollow-
ing a Reduction in Force: Upon reemployment fol-
lowing a reduction in force, an individual will
We the following benefits restored:
(1) Prior sick leaye accruals.
(1)
Eligibles not responding to written
(m}
e
1 (2) Seniority at time of layoff for purposes
of determining merit increases, vacation
accruals and future reduction in force.
(3) The salary paid to an employee wkbo is re-
employed shall be equivalent to the salary
plan at the time of reenployment.
qloyee chooses to be reaployed in a clas-
sification which has a salary range lower
than the classification fromwhich he was laid off,
then salary placement will be in the range
at the "E" step as reflected in the CUTlcent
effective salary plan at the time of re-
If the
mployment .)
(n) Payoff of Accruals Upon Layoff: Laid off employees
are to be pid for all accrued holiday, vacation,
compensation time and overtime when separated as
a result of a layoff.
such employee will resoain on the books and will be
reinstated if they are reappinted.
The sick leave accruals of
(0) Retirement contribution: The disposition of the
retirement aontributiom of a laid off a~loyee
shall be governed by the provisions of the State
of California Public Employees' Retirement Law as
contained in the Government Code.
Section 9. Resignations: An qloyee wishing to leave the City's
service in good stanatng shall file with the appointing
paws a mitten resignation stating the effective date
and reasons for leav$ng at least two weeks before leaving
-41-
< the service, unless such the limit is waived by such
official. A statement as to the resigned epry?loyee’s
service performance and other pertinent information
shall be forwarded to the Personnel Officer.
to give notice as requird by this rule my be cause
for denying future employment by the City,
Failure
RULE XII. GRTEvANcF.I sl?CaDm
Section 1. Purpose: The purposes of the Grievance Procedure of
the City of Carlsbad are:
(a) To prmte improved employer-employee relations
by establishing grievance procedures on matters
for which appeal or hearing is rmt provided by
other regulations.
To assure gair and equitable treatment of all
employees and promte harmonious relations among
employees, supervisors andmanagement.
(b)
(c> To encourage the settlement of disagreements
bformally at the mployee-suwisor level and
provide an orderly procedure to handle grievances
througbut the several supervisory levels where
necessary.
zb provide that apmls shall be conductd as
informally as possible.
?b reso5ve grievances as quickly as pssible and
correct, if possible, the cause of grievances,
(d)
(e)
thweby reducing the number of grievances and
future similar “plaints.
This grievance procedure is applicable to classi-
fiW employees in each department of the City of
Carlsbad.
($1
-4 2-
sectioql 2. Definitions: For purpses of this grievance procedure,
the following definitions shall apply:
(a) City Manaqer: The City Manager or his authorized.
representative.
(b) Department: An office, department or institution
of the City.
(c) Department Head or Head of a Department: The chief
executive officer of a department.
(d) Personnel Officer: The Personnel Officer or his
authorized representative.
(e) mloyee or City mloyee: Any officer or employee
of the City, except an elected official.
(f) mloyee Representative: An individual who appears
on behalf of the employee.
(9) Grievance: A mplaint of an employee or a group
of employees arising out of the application or
interpretation of existing rules, regulations,
or policies which come under the control of a
department head.
(h) Irrsneaiate Supervisor: The individual wlm assigns,
reviews, or directs the wrk of an employee.
(i) Interested Party: An individual having perti-
nent and/or imneaiate knowledge of the cirm-
stance out of which the grievance arose.
(j) Supervisor: &e individual to whm an innnediate
supervisor reports.
Section 3. Reviewable and nonrevhmble Grievances:
(a) ?b be reviewable under this procedure, a grie-
vance must:
I , (1) Concern matters or incidents that have
ocmed.
Result from an act or mission by manage-
mt regarding working conditions or other
aspects of employer-employee relations over
which the head of the department has control.
Arise out of a specific situation, act or
acts considered as being unfair which result
in ineguity or damage to the employee.
Wise out of an interpretation and applica-
tion of Personnel System Rules and Regula-
tions.
(2)
(3)
(4)
(b) A grievance is not reviewable under this pro-
cedure if it is a matter which would require the
modification of a policy established by the City
Council or by law, or is reviewable under sane
other administrative procedure and/or rules of
the City of Carlsbad, such as:
(1) Applications for changes in title, job
classifications or salary.
A27peals from formal disciplinary proceeding.
Appeals fm wrk performance evaluations.
(2)
(3)
Section 4. m: The following
special provisions apply to the grievance procedure.
(a) Procedure for Presentation: In presenting the
grievance the employee shall follow the sequence
and the procedure outlined in Section V of this
procedure.
-44-
(b) Prompt Presentation: The employee shall discuss
the grievance with an hediate supervisor prcxnptly
after the actor canission of management causing the
grievance.
(c) Prescribed Form: The written grievance shall be
suhitted on a form prescribed by the Personnel
Officer for this purpose.
(d) Statement of Grievance: The grievance shall con-
tain a statanent of:
(1) The specific situation, actor acts con-
sidered to be unfair.
The inequity or damage suffered by the
employee.
(2)
(3) The relief sought.
(e) l3nployee Representative: The employee may choose
someone as a representative at any step in the
procedure. No person hearing a grievance need
recognize mre than one representative for any
one time, unless he so desires.
(f) Interested Parties: There shall be no limit
placed upon the number of interested parties which
may provide information during the hearing of
a grievance at any step of the grievance procedure.
(9) Handled During Wrking Haurs: Whenever possible,
grievances will be handled during the regularly
scheduled working burs of the parties involved.
(h) Extension of Tine: The time limits within which
action must be ta,ken or a decision made as speci-
fied in this procedure may be extended by mutual
-45-
I written consent of the parties involved.
ment of the duration of such extension of the
must be signed by both parties involved at the
step to be extended.
A state-
(i) Consolidation of Grievances: If the grievance
involves a group of errrployees or if a number of
employees file separate grievances on the same
mtter, the grievances shall be handled as a
single grievance.
( j) Settlement: Any grievance shall be considered
settled at the completion of any step if all
parties are satisfied or if neither party pre-
sents the matter to a higher authority within
the prescribed time.
(k) Reprisal: The grievance procedure is intended
to assure a grieving mployee the right to pre-
sent a grievance without fear of disciplinary
action or reprisal by the supervisor, superin-
tendent, or department head, provided the provi-
sions of the grievance procedure are observed.
Copies of grievance forms will not be placd in
mployee personnel records but will be maintained
in separate files in the Personnel Department.
Section 5. Grievance Procedure Steps: The following procedure
shall be followed by an employee subnitting a grie-
vance for consideration and action.
(a) Discussion with Supervisor: The mployee shall
discuss the grievance with an inmediate super-
visor informally. Within tsm (2) working days,
-4.6-
I (a working day is considered to be the next mn-
secutive full day the Employee is required to be
present at the place of employment) the super-
visor shall give a decision to the ennployee ver-
bally.
(b) Step 1: If the employee and supervisor cannot
reach an agreement as to a solution of the grie-
vance or the employee has not received a deci-
sion within the two working day limit, the mployee
may within two (2) working days present the grie-
vance in writing to the supervisor who shall
endorse cmnents thereon and present it to a
superior within tFK) (2) working days.
shall hear the grievance and give a written deci-
sion to the qloyee within five (5) working days
after receiving the grievance.
The superior
(c) Step 2: If the anployee and superior cannot
reach an agrement as to a solution of the grie-
vance or the employee has not received a written
decision within the five wrking day limit, the
Epnployee my within five (5) working days present
the grievance in writing to the department head.
The department head shall hear the grievance and
give a written decision to the employee within five
(5) working days after receiving the grievance.
(dl Step 3: If the employee and deptment head
cannot reach an agreement as to a solution of
-4 7-
I the grievance or the employee has not received a
decision within the five working day limit, the
employee my within five (5) working days present
the grievance in writing to the City Manager.
The City Manager shall within ten (10) work in^.^ days
after receipt of the grievance hear the grievance
and render a written decision.
(e) Step 4: If the qloyee is not satisfied with
the decision or recamendation of the City m-
ger, the employee may within ten (10) working days
appeal in writing to the Personnel Board of the
City of Carlsbad.
days after receipt of the appeal hear the appeal
and render an advisory opinion to the City Manager.
The City Manager shall within ten (10) working days
advise the employee of intentions for final action.
The board shall Withing 15
RULE XIII. "DJG, EDUCATION, IN" PAY
BEXEE'ITS
Section 1. Training and Education:
(a) Responsibility for Training: The city enmurages
training programs for employees. Responsibility
for developing training programs for employees
shall be assumed jointly by the Personnel Officer
and department heads. Such training programs may
include lecture courses, dmnstrations, assign-
ments of reading matter, or such otha devices as
may be available for the purpose of improving the
effectiveness and broadening the knowledge of
municipal officers and employees in the perfor-
mance of their respective duties.
-48-
Credit for Training:
cessful cmpletion of special training courses
may be considered in making advancements and pro-
mtions.
by the cmployee with the Personnel Officer.
Reimbursement for Accredited Courses: Permanent
miscellaneous employees of the city will be re-
funded the cost of transportation, tuition, and
books to professional and technical murses taken
in accredited educational institutions provided
that:
(1)
Participation in and suc-
Evidence of such activity shall be filed
The subject matter of the muse is related
directly to the employee's field of work
for the city.
The qloyee shall furnish evidence that he
has completed the course with a passing
grade.
Textbooks become the property of the city.
(2)
(3)
Section 2. Incentive Pay:
(a) mqevity Compens ation:
(1) Salary Step L1 shall apply to any range in
the Salary Plan to provide for a five per-
cent (5%) increase of base salary for mis-
cellaneous employees who, on or after July
1, 1976, have attained five (5) continuous
years of sewice in the City of Carlsbad
at the "E" Step of the same salary range in
the Salary Plan. Employees who have accrued
-49'-
I all or part of five (5) years of continuous
service at the "E" Step of the same salary
range prior
service toward the service requirement for
"ent to Salary Step 32.
where an employee is pmmted and mes from
the employee's existing class to another class,
allacated to a higher range of compensation, the
employee shall be advanced to the lowest step
in such higher range which will provide a
five percent (5%) salary increase.
Salary Step L2 shall apply to any range in
the Salary Plan to provide for a two and one-
half percent (245%) increase of basic salary for
My 1, 1976, my credit this
In any case
those miscellaneous mployees who, on or after
July 1, 1976, have attained ten (10) continuous
years of service in the City of Carlsbad at
the "E" Step of the same salary range in the
Salary Plan. Eligibility for Salary Step L2
is contingent upn the qloyee being recom-
mended for such salary step by the employee's
department head and such recarranendation being
appxwd by the City Manaqer.
Failure of the department head to recommend
a& of the City Manager to approve shall
not constitute g-rounds for suhission of a
grievance or an appeal to the Personnel
-5Q -
0
Board.
part of ten (10) years of continuous service
at the "E" Step of the same salary range,
prior to July 1, 1976, may credit this
service toward the service requirement for
mment to Salary Step L2.
where an enployee is promoted and mves
from the employee's existing class to
another class allocated to a higher range
of campensation, the employee shall be
advanced to the lowest step in such higher
range which will provide a five percent (5%)
salary increase.
Employees who have accrued all or
In any case
RUE33 XIV. €?DUCATIONAL INCENTIVE cx>MpENsi9TIcON
Fire - Section 1.
The Fducational Incentive Program, established by
the Mmrandum of Understanding between the City
and Carlsbad Fire Fighters Association, Inc. on
June 2, 1972, shall be mdified effective July
1, 1979. Such mdification would continue the
present program only for personnel who Were employed
by the City as of June 30, 1979.
of the Educational Incentive Program shall be appli-
cable to any person hired by the department after
July 1, 1979.
Objective
(1)
No provisions
To encourage full time career mployees
to strive for, and maintain, a high level
of educational achievenrnent.
-51-
c , (2) To acknowledge that with a high level of
education, the employee is more valuable to
the co-ty, therefore, he should be oom-
pensated for this asset.
To define education goals, and to aid
employees in attaining then.
(3)
(c) Qualifying Standarcas: ience: At least tsm
(2) years continuing full time employment with the
City of Carlsbad.
a permanent classification for one (1) year and
The qloyee will have mb~tained
performed his duties in a satisfacbry, or above,
manner. Education: The following schedule establ-
lishes classification mploymnt standards according
to Personnel Ordinaance No. 1120, and will designate
the base on which accurrmlated education units will
establish eligibility.
(1) A Fire Chief will be required to have attained
a Baccalaureate Degree or its equivalent.
A Fire Battalion Chief will be required to have
attained an Associate Degree or its equivalent.
A Fire Captain will be required to have attained
45 college units or its equivalent.
A Fire Ehgineer will have attained 24 college
(2)
(3)
(4)
units or its equivalent.
A Fire fiyhter will establish eligibility with (5)
24 college units or its equiy-alent.
Percent 0 Service Units 0
Years Credits" Pay
2 24 2%
3 40 5
5 90 10
*College Unit equals fifteen (15) hours.
Credit equals approximtely twenty (20)
hours.
In accordance with the City of Carlsbad Ehployee
Education Program and Council Policy Statanent
No. 3, tuition, registration and text reimburse-
mentwill continue to benefit Fire Department
employees.
(9) Conditions: It will be recognized that an
accumulation of mre than seven (7) units per
semester muld interfere with the efficiency and/or
health of a qualifying employee.
Qualifying units or credits are not accumulated
within regular scheduled mrking hours unless
justified by a department educatiorr committee for
the approval of the Personnel Director, represent-
ing the City mger.
A Fire Department Education Cononittee as
specified in Section Iv will "it for the
approval of the Personnel Director, representing
the City Manager, a set of standards pertaining
to fire safety seminars and a relative credit
value as analyzed by the California Fire Chiefs'
Association.
-53-
m Section 2. Police . t #
ca) Educational: Incentive Ccanpensatidn - Police: As of
July 1, 1977, the below described Educational Incen-
tive Program shall be effective.
(1) Step 1: Applicable to all employees repre-
sented by the Carlsbad Police Officers'
Association.
(i) Requirements: Present proof to the Train-
ing Officer, Carlsbad Police Wpartment of
successful completion of the prescribed
course of study for and award of a Certi-
ficate of Competency in Police Science by
a State of California Cormnunity College
and campletion of tm consecutive years of
service as a member of the Police Depart-
ment of the City of Carlsbad.
years of service must have been completed
irranediately prior to the time the appli-
cation for Educational Incentive Compen-
sation is submitted. Represated
employees who have completed requirements
they believe to be equivalent to those
required for the award of a Certificate of
Competency in Police Science but who have
The two
not been awarded such certificate and who
would otherwise be eligible for Step 1,
Educational Incentive compensation, may
petition for recognition of equivalency to
the Chief of Police. Upon receipt of such
-54-
f-* a request, the Chief of Police will request
the City bknag-a b anvene a committee
consisting of a representative of the
City Manager, Baa and the Chief of Police
to review and evaluate the petition. If
approved, the applicant will be authorized
Step 1, Ekcational Incentive compensation,
in the same manner as other eligible employees.
If petition is not approved the applicant
will be provided a written statement indicating
what additional requirements must be wt
for eligibility for Step 1, Educational
Incentive Compensation.
(ii) Canpensation: Satisfac*ry fulfillment of the
dbove requirement shall be compensated at
the rate of twenty-five dollars ($25) paid
biweekly for twenty-six biweekly pay periods
per fiscal year.
(2) Step 2. Applicable to all Peace Officers represented.
(i) Requirements: Present evidence to the Train-
ing Officer, Carlsbad Police Department of the
award of an Intermediate Certificate issued
by the State of California Commission on
Peace Officers Standarc3 aid Training and
Eligibility for Step 1.
(ii) Ccxnpensation: SatisfactQry fulfillment of
the above requirement shall be campensated
at the rate of forty-five dollars ($45) paid
biweekly for twentysix biweekly pay periods
-55-
b a e
L BI, ' per fiscal year. Such compensation to be
in lieu of any previous Educational Incentive
Compensation payments which had been received.
(3) Step 2. Applicable only to imn-morn personnel
represented.
(i) Requirements: Present evidence to the Train-
ing Officer, Carlsbad Police Department, of
having met the State of California Cananission
and Peace Officers Standards and Training
requiranents for an Intermediate Certificate
as determined and agreed to by representatives
of the City Manager and the Carlsbad Police
Officers Association president. It is
understood no certificate can be award& to
non-mrn personnel.
(ii) Compensation: Satisfactory fulfillment of
the abve requirement shall be compensated
at tlze rate of forty-five dollars ($45) paid
biweekly for twenty-six biweekly pay periods
per fiscal year.
in lieu of any previous Educational Incentive
Campensation payments which had been received.
Such compensation to be
(4) Step 3. Applicable to Peace Officers represented.
[i) Requkements: Present evidence to the Train-
ing Officer, Carlsbad Police Department, of
the award of an advanced Certificate issued
by the State of California carranission on Peace
Officers Standards and Waininy and eligibility
for Steps 1 and 2.
-5 6-
c L (ii) con_Rpen sation: Satisfactory fulfillment of
the alcove requirement shall be compimsated
at the rate of sixty-five dollars ($65)
paid biweekly for twenty-six biweekly pay
periods per fiscal year.
to in lieu of any previous aucational
Incentive Compensation payments which had
been received.
Such compensation
(5) Step 3. Applicable only to non--swo1cn personnel
represented.
(i) Requirements: Present evidence to the Train-
ing Officer, Carlsbad Police Department, of
having met the State of California Comnission
and Peace Officers Standards and Training
requirments for an Advanced Certificate as
determined and agreed to by representatives
of the City !fanagex and the Carlsbad Police
Officers Association President. It is
understood no certificate can be awarded to
non-mrn personnel.
(ii) Compensation: Satisfactory fulfillment of the
above requirement shall be ccnnpensated at
the rate of sixty-five dollars ($65) paid biweekly
for twenty-six biweekly pay periods per fiscal
year.
previous Educational Incentive Campensation
payments which had been received.
Such compensation to be in lieu of any
-57-
.
,-I<
c *' L [6) Program Review: Parties fur the^ agree to
recMtpnend that the abme proyratn be reviemd
jointly by the City and Carlsbad Police Officers
Association semi-annually during 3anuary and July
of each succeeding year to evaluate the effective-
ness and curracy of the program.
(7) Proced'Lire: The Training Officer, Carlsbad Police
Department, upn receipt of proof of eligibility
for Eiucational Incentive Compensation, shall
certify eligibility to the chief of Police.
The Chief of Police upon approviny such eligi-
bility, shall forward his approval to the City
"ager for authority to commence the appropriate
compensation. Educational Incentive Compensation
shall conmace at the beginning of the next pay
period following receipt of authorization by the
City Manager of the approval by the Chief of Police.
RULEXV. RF3poRTsANDRECORDS
Section 1. mstw Cards: Be Personnel Officer shall maintain a
service or roster card for each employee in the service
of the City showing the me, title of position held,
the department to which assigned, salary, changes in
employment status, and such other information as may be
considered pertinent.
Section 2. Change of Status Report: Every appointment, transfer,
prmtion, demotion, change in status of employees
shall be reported to the Personnel Officer in such
manner as he may prescribe. '
-5 8-
t ,
* -4 RUL;E XVI. RULES OF APPEAL T8 PERSO"! BQ4tlD c L b
Section 1. Right o$ Appeal. Any Employee in the conpetithe
service shall, within seven days, have the right to
appeal to the Personnel Board any disciplinary action,
interpretation or alleged violation of the personnel
ordinance, except in instances where the right of
apwl is specifically prohibited by the personnel
ordinance or these rules.
Section 2. Method of Appeal. Appeals shall be in writing,
subscribed by the appellant, and filed with the
personnel officer, who shall, within ten days after
receipt of the appeal, inform each
Personnel Roard, explaining the matter appealed from and
setting forth therein a statanent of the action desired
of the
by the appellant, with his reasons therefor. The
fomality of a legal pleading is not required.
Notice. Upon the filing of an appeal, the personnel
officer shall set a date for a hearing on the appeal
not less than ten days nor mre than thirty days from
the date of filing.
Section 3.
The personnel officer shall notify
all interested parties of the date, time and place of
the hearing at such places as the Personnel bard shall
prescribe.
Investigation.
Personnel Board my make such independent investigation
of the matter it may dean necessary.
of such investigat
Section 4. Upn the filing of an appeal , the
The results
of the proceedings and the appellant shall kve the right
-5 9-
\ %& to have a reasonable tiqe within which to answer or to
present evidence in opposition to the firdings of this
independent investigation.
or( b
Section 5. Hearings. ?"ne appellant shall appear personally unless
physically unable to do so, before the Personnel Board
at the time and place of the hearings.
represented by any person or attorney as he my select
and my at hearing prodtuce on his behalf relevant
oral or documentary evidence. Appellant shall state
his case first and, at the conclusion, opposition matter
may then be presented.
my be allwed in the discretion of the Personnel Board.
Cross-examination of witnesses shall be permitted.
He may be
Rebuttal matter not repetitive
The
conduct and decorum of the hearing shall be under the
control of the Personnel Board by its chairman, with
due regard to the rights and privileges of the parties
appearing before it. Hearings need not be conducted
according to technical rules relating to evidence and.
witnesses. Hearings shall be closed unless the appellant,
in writing, requests an open hearing.
Section 6. Findings and Recrmmklations. The Personnel Board shall,
within ten days after the conclusion of the hearing,
certify its findings and decision in writing to the
City Council and to the appellant. The City Council
shall review the firdings and recmendations of the
Personnel Board and may then afffb, rwake or rdify
the action taken as, in its judgaent, seems warranted,
and the actbn taken shall be final. Any member of the
-60-
t ,L ‘44 I 1
I
&
Personnel Board may sukdt a minority or supplanenml
findiny and reconmeridation. In case of suspension,
discharge or dation the appointhg pwex
any employee to his forinex status if proof
the action was for discriminatory reasons.
shall reinstate
is made that
-61-