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HomeMy WebLinkAbout1981-03-03; City Council; 6488-1; Updating of Personnel Rules and RegulationsCITY OF CA?.LSBAD BILL NO._��� - �,��_ le�.__Y'_ �'/ Initial: V Dept.Hd. C. Ati;y. DL"P.ARTMENT: Personnel _^ C. Mgr. UPDATING OF PERSONNEL RULES AND REGULATIONS Statement of the Matter The City Council adopted Personnel Rules and Regulations on May 5, 1970. Since adoption several changes to the rules have resulted from the meet and confer process. Each change has been contained in a Memorandum of Understanding and adopted by separate City Council resolution. In an effort to consoli- date all these changes into a single document they are presented here, integrated into the Personnel Rules and Regulations. This effort is intended to be one of integration and consolidation of existing language into a single reference. Copies of the changes were forwarded to all the employee associations for review and comment. No comments or changes were received. Therefore, it is recommended the City Council adopt the attached resolution. x This item was originally presented to the City Council at its January 20, 1981 meeting. The item was withdrawn from the agenda at staff's request in order to correct an omission from the text. t Fiscal Impact No significant impact, The action is an updating of existing rules and regulations and will not change existing benefits. Exhibit Resolution No. 6423. Recommendation Adopt Resolution No. 6423 approving consolidation document. ; f Council Action 1-20-81 Council continued the matter at the request of staff. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 11HEREAS, 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 Attachment 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 3ra day of Nardi _, 1981, by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES- None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALI:' HA L. RAUTENKRANZ, Cie- C*]:k (SEAL) 0' i ,..,, ATTACHMENT A to Resolution No. 6423 PERSA`' Er. RJLFS MID RT?C�M'17(MS TRIM, Or CONI M. US p m r-sEmai SUBJECT PACK I. A. PURPOSE 1 B. DIXINITLION OF 11Ef2i 9 1 II. GENERAL PROVISIONS 1. Fair nrployn_nt 4 2. Political. Activity 4 3. Meet arO Confer 4 4. Violation of. Rules 5 5. Amer&;ent and Revision of Rules 5 III. CLASSIFICATION 1. Preparation of Plan 5 2. Adoption of Plan 6 3. New Positions 6 4. Reclassification 7 IV. COMPEIvSA'ITON AND RES.ATM BE+:: ITS 1. Preparation of Plan 7 2. Adoption of Plan 7 3. Application of Rates 8 ' 4. Advancanent at Rate of Compensation within a Range 8 • 5. Prtxmtion or Advancanent in Rata of Compensation 9 6. Out of Class Oompensation 9 7. Deferred Compensation 10 B. Group health and Accident Insurance Plan 10 9. Salary Payment P'rocedurt: 10 V. APPLICA'I'ZONS AND APPLICAMS 1. Announcawant 11 2. Application Forms 11 3. Disqualification 11 VI. EM9IMUONS I. General Nature and 11)�re.: of Examinations 12 2. hoamtional Examinations 12 3. Open-Ccnipetitive Examinations 13 4. Goaxiuct of LNamination 13 " 5. Scoring Examinations and Qualifying scores 13 6. Notification of L'=nination I<esults a►xI Review of Papers 14 1 i RULE-SECum SUBJBCT 'PAGE VII. EN)IOWW 'LISTS 1. Employment %fists 14 2. Duration of (F.nploymant) Lists 14 3. Reer olol, gent Lists 15 4. Remmval of Names rram (Mployment, Reemployi-iient, or Pmwtional) List 15 VIII. D'=eOD OF r7LLIM VP.CAWIES 1. 'types of Appointment 16 2. Notice to Personnel Officer 16 3. Certification -of Eligibles 16 4. Order of Certification 16 5. AppoinXent 17 ,6. Provisional Appointments 17 7. n rgency Appointment 18 IX. PROBATIGMARI PM- OD 1. Reguias Appointment Follawi.ng Probationary Period 18 2. Objective of Probationary Period 19 3. Rejection of Probationer 19 4. Rejection Followin7 Promotion 19 X. ATT MANCE AND IwAVES 1. Annual Vacation Leave 20 2. Annual Vacation leave - Miscellaneous and Uniform,.A Police Employees 20 3. Annual. Vacation Leave - Uniformed Fire Employees T%brking Shifts 20 4. Determination of Vacation Benefits 21 5. Sick Leave 23 6. Allowance for Occupational Sick Lowe 26 7. Sick Leave Conversion 28 B. Military Leave 28 9. Jury Duty 29 10. Leave of Absence 29 11. Hour6 of hbrk 30 12. Other Enployment. 30 13. Attendance 30 14. Holidays 31 15. Overtime 31 XI. CaANGE IN IZTMYIZ\IT STATUS 1. Transfer 34 2. P=wtion 34 3. Dewtion 35 4. Suspension 35 5. Reinstatement 35 F. Discharge 36 7. Lay -Off 36 8. Reduction in City Vbrk lbrce 36 9. Resignations 41 11 W"GE RmE-SEMTION SUWMT MI. GRILma.: PROCEDURES 42 1. Purpose 43 2. Definitions and MnreviG"able Grievance 43 3, 4. Reviewable Special Grievance Procedure Provisions 44 46 5 Grievance Procedure Steps XIII. TZAINIATG� EDUCATTn-, It�L^EI3TNE PAY L;RWITS 1. Training and Education 4849 2, Incentive Pay XIV. EVUCATION iIQCE3'1'IVF PAS 51 1. Fire 54 2. Police Xv. REPORTS Ate REMORDS 1. ,ter cards 58 58 2. Ciange of Status Report XVI. RULE OF APPE TO PERS 0i11 BOARD 1. Right of Appeal 59 59 2. Method of Appeal 59 3. tbtice 0 4. Investigation 60 5. 6. Hearings Findings and Recamendations 60 � Y PTi2">0:`,"�£II, SYSTFrM RUMS AND RDSUi,AMMS OF .'!. E CITY Or, CARLSBAD, CAL=RNIA RULE I.. PURPOSE AND DF INITIONS Rule I A. se: The objectives of these rules 3 are to facilitate efficient and economical services to the public and to provide fora fair and equitable merit system of personnel managemant in the municipal government. 'these rules set forth in detail those procedures whiCh insure similar treatment for those who compete for original emplo�7mnt and proaotion, and define the obligations, rights, privileges, benefits, and prohibitions which are ,laced upon all employees included in the merit system of the City. At the sair-- time-, xd.thin limits of administrative feasibility, recognition shalll be given to the fact that individuals differ, that no t,D individuals react ali),a to reward and discipline or to uniform 3 1 motivation 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 anµ discipline. Rule I-B. Definition of Terms: The following to me- whenever used in these rules, shall be construed as follows: 't Section 1. `Advance3rant": A salary increase of one or nore t t steps within the limits of the pay range established for i a class. Section 2. "Allocation": she assignment of a single position to its proper class in accordance with the duties per- y form, and the authorities and responsiblities exercised. + "sect ion 3. antin "ne, : '.tire officers of the- City Vino -- have the authority to make the appointwnt to the posi- tion W be filled. Section 4. "Class": All positions sufficiently similar in duties, authorities and responsibilities to permit grouping under a camon title and the application with equity of comron standards of selection, transfer, pm.motion, and salary. section S. ,DeMtion": The movement of an esployee from one r E class to another class having a lo;aer maximm rate of • r pay, or a change in duties which are allocable to a class having a lcr,2er maxin um rate of pay; section 6. "Eligible" = T person Vinose name is or_ an employm-Lt i list. Section 7. "Ilttploy.•r-nL List" (a) pprn employment list: A list of nmras of ; t persons who have taken an open-com9et1tive exam- ination for, a class and have qualified. i (b) Pro rational employment list: A list of names of ; persons who have taken a prawtional exanusiation for • i a class and have qualified. section 8. i '"Examination": (a) open-•com}xt;itive e�:amination: An examination for a particular class which is open to all persons mist- ; ing the qualifications for the class. (b) promotional examination: An examination for a particular class, admission to the examination being limited to permanent and probationary .2 • employees in the City's service who meet the quali- fications for the class. Section 9. "Merit Service": All positions of emplolmient in the service of the -City except those specifically excluded by ordinance. Section 10. "Permanent tinployee": An Dmployee who has successfully completed his probationary period and has been retained as hereafter provided in these rules. Section 1.1. "Part-time Dmployee": An employee ,laving a proba- tionary or regular appointment who vorks less than 1040 lours in any one fiscal year. Section 12. "Personnel ordinance": Ordinance M. which creates a personnel merit system for the City. Section 13. lip ,robstionazy'Period": A working test period during which an employee is required to downstrate his fitness for the duties to which he is appointed by actual per-- formar:ce of the duties of the position. Section 14. "Pro .ration": Tae mvement of an anployee from one class to another class having a higher maximum rate of Puy• Section 15. "3royisional_ Aga ntnient" : An appointnent of: a per- son who,possesses the minim= qualifications established fo:: a particular class and wlo has baaen appointed to a position in that class in the absence of available eligibles. Section 16. "Reduction": A salary decrease willAn the limits of the pay range established,for a cl-iss. Section 1.7. ' "Reinstatm=tnt" 11ne reemployment without examina- Lion of a formes permanent or, probationary employee. i -3-- N s 1 NEW S Section 18. Section 19. Section 20. Section 21. Section 1. Section 2. Section 3. "Re-jectioe: Tne separation of an employee fron the service during his probationary period. "Suspension": Tne -temporary separation from the service of an employee tait-,Dut pay, for disciplinary purposes. "TEmporary Position": A full-time or part-thm position of limited duration. " Transfer" : A change of an employee from one position to another position in the scone class or another class having essentially the same maximum salary limits, involving the performance of similar, duties and requiriwj substantially the same basic qualifications. RULE II. GERE—R , PEOVI.SIQ« Fair Fmoloyment: Lb question in any test, in -any appli--• cation form, or in ary other personnel proceedings, or of any appointing authority, shall be so framed as to attempt to elicit information concerning political or religious opinions or affiliations of an applicant, eligible, or employee. No. appointment to or ramval from a position shall be affected or influenced in any manner by any political or religious opinion or affiliation. Political Activity: 'She political activities of City employees shall conform to pertinent pzovisions of State late. kSeet and Oonfer: ZZe City yonager shall negotiate those matters which are subject to the "meet and confer" process as specified under Section 3505 of the Goverrraent i Code of the State of California. -4- :Section 4 . Violation of Rules: Violation of the provisions of these rules shall be grounds for dismissal, 'rejection, demotion, or suspension. Section 5. 'Amendment and Revision of 'Rules: Recommendations for amendments and revisions of these rules may be made by the Personnel Officer. Prior bo consideration, any amenr'..mazt or revision shall be publicly postal at such places as the City Council shall prescribe for at least ten consecutive days together with entice 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. Amendments and revisions shall become. effective upon adoption by the City Council following such hearing. RULR III. MASSIT-11CATIO,\ Section 1. Pr 2Mat.ion of Plan: The Personnel Officer, or a per- son or agency employed for that purpose, shall. ascertain and record the duties and responsibilities of all posi- tions in the merit system and, after consultation with appointing authorities and heads of departments affected, shall reccemend a classification plan for such posi- tions. The classification plan shall oonsist of classes of positions defiried by class specifications, including ! title, a description of typical duties and responsi- 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 -5- that all positions substantially similar with respect to duties, responsibilities, authorities, and character of work are included within the same class, and that ; the same schedules of canpensat.ion may be made to apply with equity to all positions in the same class. In the ' preparation of the ciassi.ficatitz plan, the Personnel Officer shall allocate every position included in the merit system to the classes established by the plan. f Classification and job -audit per individual review will j be an on duty of aftinistration and the Personnel , Director. Section 2. LdMtion'of_Plan: Before the classification plan or any part thereof shall become effective, it shall first be approved in whole or in part by the city Councit which shall arrange for the holding of one or more public hear- ings thereon, t\;otices of such hearings shall be posted in the manner prescribed by the City Council, and the Coun- cil may upan the conclusion of said hearing make such � changes or rndifications of the plan as it shall deem = warranted. Upon adoption by the Council, by resolution, the provisions of the classification plan shall be observed in the handling of all personnel actions and activities. i the classification plan shall be. ameirled or revised as occasion requires in the same manner as originally C established. ? Section 3. ;new Positions: when a noz position is created, before the same may be filled, the appointing authority shall notify the Personnel 0 ficar and, except as otherviise provided by ordinance or these rules, no person shall be appointed or Esmployccd to fill any such position until the classification plan shall have been miended to provide i 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 more appropriate class, whetter new or already created, in the same manner as originally classified and allocated. Reclassification shall not be used for the purpose of avoicling restrictions surrounding demotions and pm-wtions. RULE 1V. CO:MNSATION AND RUNTIM IiE;WI'15 Section 1. Preparation of Plan: The Personnel Officer or the per -- son of agency cployed for that purpose shall prepare ; a pay plan covering all classes of -positions in the -merit systati, showing the minimum and maximum rates of pay. In arriving at such salary ranges, consideration shall ba given to prevailing rates of pay for comparable work in other public agencies and in private employment and to the existing differences in duties and responsibilities as set foxth in the classification plan. 11be Personnel 4 Officer or the person or agency amployed for that purpose shall thereafter make such furth r. studies of the a mpen- sation plan as may be requested by the City Council. Section 2. 'Ad22!40n of Plan: The Personnel Officer shall submit the proposed pay plan W the City Council. The Council shall adopt or amend and adopt the proposed plan. 7- FEW Section 3. Section A. ?hereafter, no position shall be assigned a salary higher than the maximum or laver than the minimum salary provided for that: class of position unless the salary schedule for the class is amended in the same manner as herein rrovided fox its adoption. P�uplication of Rates: Employees occupying a position in the rrxit system shall be paid a salary within the range established for that position's class in the pay plan. Zie mi.nirum rate for the class generally shall apply to employees upon original appointment but the City Manager may approve a higher rate of comrcp^:.nsatibn at any step within the range if he shall find that the parson appointed is reasonably entitled because of 1-is experience or ability to a rate in any one of the steps above the' minimum or that it is not possible to obtain qualified appointees at the established minim= rate. officers and employees re-employed after layoff shall receive a rate within the range est,*, lished for the class and as agreed upon by the appointing power and the employee concerned, subject to approval of the City Manager. Transfer shall not affect an employee's salary rate. Advancement of Rate of 22EE?nsation %ithiri a_Range: kmployeas shall be considered for compensation adjustments within their respective cosppensation ranges in accordance with the follo'.��ing schedule: Step B - at the satisfactory completion of their proba- tionary period in Step A. Step C - at the completion of one year of satisfactory service in Step B. -8- Step D -• at the completion of one year of satisfactory service in Step C. Step•E - at the completion of one year of satisfactory service in Step D. Advancements to Step B through E shall be approved by the City Manager following approval by the personnel Office-r and written recommendation by the department head under whom the employee serves. Any nonprobatiOnuT miscellaneous employee may be advanced to the next higher salary step in rangZ regardless of time served at a pre- sent step. Such advancement to be the result of a recomnmdation originated by the supervisor responsible for completion ana subnission of the employee's per- formance evaluation. Recomntndations shall be approved by the employee's department head and'the city Manager. Section 5. prcvotion or Advancftent in Rate'of Compensations VIen an employee is promoted from the anployment in One class to employment in a class allocated to a bigho= range, he shall be advanced to the la•est step in such higher range which will provide not less than one step increase in compensation unless the 5th step in such range provides less than one step increase. Section b. out of Classi.iication Compensation: fire safety eAployeees are authorized out of cl.assi.fica�don oanpensation of a minimum of five percent (5%) above a menber's existing salary for each occasion the member is employed out of classification; such compensation to m-mcnce follcrAng the first four. hours �Of enplp1ment out of classification. Assignment of employees to out of classification service will be at the sale discretion of the Fire CI-Acf. '9" IF Section 7. Deferred Co;npe station: The city shall provide for a Deferred canpensatica Plan which may be utilized by any enpioyee on an optional basis. The city reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. such plan shall be implanented without cost to the city. Section 8. croup Healttii/Accident and Lonq 'Perm Disability Plans: All full-tinn-_ City employees are eligilbe for the Group Health/Accident/Dental/Eye Care Insurance Plan, with dependent coverage provisions the costs of which will be borne by the city mxl e*loyee in shares as detennM.ned by employer -employee agreements approved by the City council. i All tu7.1-tim= City employees are eligible for the Iong i t Term Disability Insurance Plan, the cost to be borne j by the City. !� 4he terms, awards, conditions, and premiums of the Group healthVAccident/Dental Dye Care Insurance Plan and the long Tenn Disability Insurance Plan shall be as specified by the city's agreement with the insuring agencies. Section 9. Salary Payment Procedure- All departmantt112ads shall � P sulanit to the Personnel officer a time sheet listing the total number of normal and approved overtime hours tinrl: ,a by each aqployee to the exl of each pay pvriai. The time sheet shall indicate any absences and type or designation of absence. Absences, suspensions, etc., for which no payment has been authorized shall ba doductcd -10- MWO Section 1. Section 2. Section 3. I VX from the normal big,%-1-:ly salary on the basis of 26 pay periods p-x year. Similarly, salary for workin7 1.1ericds of less, than normal, as in t:be case of new crQlq; rees, terminated anployees, leaves of absent-- without pay, etc., shall be crmputed on the basis of the bNeekly or hourly rate less the number of working days of absence. Rum. V. APPLICATIOVS RM APPI,IC1 AnnoUn0% Ment: All examinations fq,: classes included in the merit system shall be publicized by posting announce- mants in the City Ball, on official bulletin boards, and by such othex methods as the Personnel Officer deems advisable. The announcements shall specify the title au -id pay of the class for which the examination is announced; the nature of the work to br perfoxmed; preparation'desir- able for the performance of the work of the class; the manner of ma3;inq applications; an4 other pertinent information. Application Forms: Applications shall be made on forms pro- vided by the Personnel Officer. Such foams shall require in- formation covering training, experience, and other lxrti- nent info=tion, and must be signed by the person applying- Dis ification: `the Personnel officer sl 1 reject any apiplicat:ion which indicates on its face that the applicant does not possess the minim= qualifications requi.ce« for the position or is not a citizen of the united States, except when citizenship is not nl qui.xud by stage lml- Appli- cations also shall ba rejected if the applicant is lwem to be phvsic:ally unfit for the parfornranoa of duties of tie position to which he seeks appointment, is addicted to the -11- habitual w cessive use of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has made any false statement of any vaterial fact, or practiced, or attempted to practice, any deception or fraud in his application. [ftnever an application is rejected, notice of such rejection with st:aterent of rea- son shall be mailed to the applicant by Personnel officer. Defective applications may be returned to t11.: applicant with notice -to amend the same, providing the time limit i for receiving applications has not expired. RULE VI. E aMMTIo2S � Section 1. General Mature and T�-s cif laminations: The selection ' techniques used in the examination process shall be impartial, of a practical nature, and shall relate to these subjects which, in the opinion of the Pecsonnel r officer, fairly measure the relative capacities of the persons examinod 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 achievements tests, aptitude tests, psychological tests, evaluations of personality { and backgrourd through per: onal int:eavie"r;s, peeformance tests, evaluations of vaork performance, work samples, or physical agility tests, or any combination of then. Section 2. 'Promotional I3caminzntions: Promotional e nminat:ions may be conducted whenever, in the opinion of the Personnel officer, the needs of the service require. Pramtional examinations may include any of the selection techniques 1 -12- Section 3. Section 4. section 5. mentioned in Section I of this Rule, or any combination of than. Only anent or probationary employees who nmet the requirements set forth in the promotional examination annctuzcennmts may compete in p=otional examinations. 0 titive Examination: &aminations 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 names shall be placed on an anployment list, in order of final scares, for a period of not more than one year. Conduct of FKami.nation: The Personnel officer shall deter- mine the rronner and methods and by whom exmunations shall be prepared and administered. He,may arrange with any campetent agency or individual for the perform-u)ce by such agency or individual of the responsibility for preparing and administering examinations or shall per- sonally perform such duties. The Personnel officer shall arrange for the use of public buildings and equipment for the conduct of examinations and shall render such assistance as shall be required idth respact thereto. Scoring RKaminations and Qualifying Scores: in all examinations the minimum score or standing for which eligibility ney 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. -13- Section 6. rotifio-ation of 1'ramination Results and'Inieo'of Papers: Bach applicant taking an examination shall be given written notice of his final earned score and, if success- ful, of his rank on the employment list. Any applicant shall have the right to inspect his can examination paper within five working days after the notices of examination results were mai1ea. Any error in computation, if called to the attention of the Personnel Officer within this period, shall be corrected. Such corrections shall not, horA--ver, invalidate appointments previously made. RULE VI.T. R'iPfA15v,£ q -LISTS Section ].. Ifinl�ment Lists: As soon as possible after {zbe cczm pleti.on of an examination, the pcxsonnel Officer shall ; prepare and keep available an enplOYMent list consisting of the name✓ of applicants who qualified in the examinar tion, arranged in order of final scores, from the highest to the lowest qualifying score. The final score shall lie s f determined by the total of the scores received by each i applicant for each part of the test, based upon the re- lative value assigned to each part of the examination before the examination is given. Mmever identical ratings are received, names shall be arranged in order of the application date. section 2. Duration of Lists: Pr=tional employment lists shall ram -in in effect for one ,year, unless sooner exhausted, and may be extended, prior to their expiration dates, by action of the Personnel Officer for additional periods, but in no event shall such a list remair: in effect for -14- IF Section 3. Section 4. wre than tAo years. Open-canployment lists created as the result of examinations shall re►uin in effect for not more than one year after the last administration of the examination, unless sooner exhausted. Namas placed on such lists shall be merged with any others already on the list in order of final scores and shall retain on the list for not pore than one year. Re to 'Z Lists: The names of probationary and per- manent employees Nft have been laid off shall be placed on appropriate reemplolmnt lists in the order of their seniority. Such manes shall rein thereon for a period of one year unless such persons are sooner reemployed. When a reenplaylrent list is to be -used tO fill vacancies, the personnel officer shall certify from the tap of such list the :.0 i-er of nmmes equal to the nm&2r of vacancies to be filled, and the appointing pdxgr shall aft- int such persons to fill the vacancies. Removal of names From List: %he name of any person appear- ing on an employment, reanployment, or pr=tional list shall be re„oved by the Personnel Officer if the eligible requests in �,rriting that his name be rerov0d, if he fails to respond to a notice of certification nailed to his last known address, or for any of the reasons specified in Rule v, Section 3, of these rules. The person affected shall be notified of th^a retmval of his. a by a notice mailed to his last )mown address. The names of parsons on premtional e:mploynrnt lists Ift resign from the service shall autA:nm'atically be dropped from such lists. -15- NXIS Vill. 'MMOD OP •rzLLMV •VACA cIES Section 1. 9y2es of Appointnnnt: All vacancies in the merit system shall be filled by remployment, transfer, dewtion, or from eligibles cert:if. ed by the Personnel Officer from an appropriate employment or pramtional list. In the absence of persons eligible for appointment in these ways, provisional appointments iray ba permitted in accord- ance with the Personnel ordinance and these rules. Section 2. Notioe to Pe-rsonnel Officer: TT'ner_ever a vacancy in the merit system is to be filled, the appointing po;ver shall notify the Personnel officer. The Personnel Officer shall advise the appointing power as to the avail- ability of employees for remployrz nt, requested trans - fears, or dewtion, and of eligibles on employmant or promotional lists for the class. Section 3. Certification of Eligibles: The appointing werar shall indicate whether it is desired to fill the vacancy by reemployr,lent, transfer, or demotion, or whether certi- fication from a pranotional or emplcyc nt list is pre- ferred. If appointment is to be made frcn an employ- ment or pm -notional list, the names of all persons twill- ing to accept appointm..nt shall by certified in the order in which they appear on the list. Section 4. Order of Ce tLi.£ication: Mianever certification is to be made, the emplolnnent lists, if each exists, shall be - used in the folladmg order: resmployA ,.nt list, pro- motional list, opaz-col-patitive list. Whenever there are fewer than three mamas on a ptional list or an open-canpeta.tive list the appointing authority may mace -16- Section S. Section G. an appointment from among such eligibles or may request the Personnel Officer to hold a nmiwamination and estab- lish a ncna cmployment list. AEointnent: After intervievl and investigation, the appointing power shall make appointments from arrong those certified and shall irm-diately notify the Personnel Officer of the person or persons appointed. The Person- nel Officer shall thereupan notify the person appointed and if the applicant accepts the appoinbrez'►t and pre- sents himself for duty within such period of time as the appointing authority shall prescribe,*he shall be dem-ed to be appointed; otherwise, he shall be deenei to have declined the appointment. Provisional Appoiniaft ts: In the absence of appro- priate evloyment lists, a provisional appointment may be made by the appointing authority of a parson meeting the miniarnmi twining and cxerience qualifi- cations for the position. An cmploym:nt list shall be eabablished within six nonths for any permanent position filled by provisional appointanzz'it. The City 2danager may extend the period for any provisional appointment for not nore than thirty days by any one action. No credit shall be allov�sj in meeting any qualifica- tion or in the giving of any test or the establishment of any enplokwnt or pronntional lists, for serlice rendered under a provisional. apPOintmr-nt. -17- Section 7. niergency Appoinbm.-ztS: To meet the :bpediate arequixe- Tnents of an emergency condition, such • as extraordinary fire, flood, or earthquake, which threatens public ,life or property, any legally competent officer or employee may employ such persons as may be needed for the duration of the emergency without regard to the Personnel Ordinzancc: or rules affecting appointments. As soon as possible, such appointments shall be reported r to the Personnel. Officer. RUTS IX. PROBATIOiS Y PERIOD Section 1. Regular Appointment following Probationary: All ori- ginal appointments shall be tentative and 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 nonths actual' service, excepting police and i ` fire safety employees. Promotional probation for police i and fire safety employees shall be one year. The Person- nel Officer shall notify the appointing authority and the i probationer concerned Wo vveks prior to the tennination ; of any probationary period,. The probationary periods ` shall commance on the first day of the first full calendar i month after csmplct�mient or promotion to a higher classi- fication. A leave of absence during the probationary ; period shall lengthen the period by the n1m1ber of calendar ' days of the leave of absence. If the service of th-- pro- bationary employee has been satisfactory to the appro- priate supervising authority, then the supervising authority shall file with the Personnel Officer a state- -18- Section 2. Section 3. Section 4. n ment in writing to such effect and stating that the retention of sash employee in the service is desired. if such a statement is not filed, the employee will be .deemed to be unsatisfactory and his anployment terin- ated at the expiration of the probationary period. Objective of'probation2n 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 Trost effective adjust- ment. of a n%7 employee to his position, and for reject- ing any probationary employee whose performance does not meet the required standards of work. Rejection of_Probationer: During the probationary period an -employee may be rejected at any -tam by the appointing power 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. Rejection Ibllowing pro otion: Any employee rejected during the probationary period following a promotional appointment, or at the corrlusion of the probationary period by reason of failure of the appointing praer to file a statement that his services have been satis- fac'aory, shall be reinstated to the position from which he was pro.roted unless charges are filed and he IS dis- charged in the manner provided in the Personnel Ordi- nance and these rules for positions in the merit system. jibe appointing pawrr shall notify the probationer in k,riting as to whether his services are satisfactory or unsatisfactory. -19- RULE X. ATl MAACE, AM LFTV S: The purpose of annual vacation leave is to enable each eligible employee annually to return to his work mentally refreshed. All full-time City employees shall be entitled to annual vacation leave with pay except the following: (a) Employees nano have served less than six months in the service of the City; however, vacation i credits for the time shall be granted to each such employee who later receives a p=*anent appointment. (b) Employees who work on a provisional basis, and all employees who work less than one thousand ; forty (1,040) hours a year. ! Section 2. Annual Vacation Leave - Miscellaneous and Uniform 'Police Employees: All eligible nd.scellaneous and uniformed police employees shall lie entitled to a vacation according to the nwber of continuous full calendar years of employment based on the following scale: ,! 1 through 5 ball calendar years of continuous service - 10 working days. 6 tl--ough 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 - Uniforw l fire Mployees tibrk- ing Shifts: All eligible uniformed fire employees working shifts shall be entitled to vacation according to the number of: continuous full calendar years of tmployArent• based on the following scale: -20- 6 shifts: 1 through 5 full calendar years of continu- ous service. 9 shifts: 6 through 15 Cull caleroar years of continu- ous service. 12 shifts: 16 and over full calendar years of continu- ous service. Vacation for shift employees shall carxmence ixmlediaiely i follaAng their lase work shift. Vacations for uni- ! forn,xl fire employees who are not regularly assigned + to shift hours shall be determined on the same basis f as for miscellaneous employees. J Section 4. Detexmization of Vacation Benefit--: RkPloyees who work less tli'm full time, but rrore than one thousand forty (1,040) hours a year, shall be.crcdited vaca- tion on a prorated basis. For the purposes of computing' vacation grants, employ- ment shall be consider d to have c a~need on the # first full calendar month of employment. For the purposes of computing annual vacation leave, i a working day shall be coiisidered as one -fifth (1/5) of the number of vorking or duty hours in the estab- lished work meek. The times during a calendar year at which an employee r may take his annual vacation leave shall be determined f by the department: head with due regard for the wished of the employee aril paticular regard for the needs of the service, minim= application being four hours i leave. M employee may accumulate more than tmnty-nine days of annual vacation leave from, one calendar leave year -21- to another. For the purposes of canputing vacation leave, Saturdays, Sundays, and official l-olidays shall not be counted as work days. Permanent employees %dio texminate arploymmit shall be paid Uie salary equivalent to all accrnred vacation leave, earned prior to the effective date of ternina- ,tion oat to exceed 29 days. lb such pay rw- t shall barnacle for vacation acctrnulated contrary to the pro- visions of these rules. Any probationary or permanent miscellaneous City employe-- in the classified se rice may request can- pensating time off for overtim worked at a rate of one and one half the overtire hours worked. The approval or disapproval of the request rests with the City. If the accrual of compensation time off is approved, such accrued compensating tirro- off shall be taken not later than the end of the third can - plate pay period following such accrual. In no case shall an employee accrue more than fifty (50) total hours of compensating time off, nor shall the use of such compensating time off br extended beyond the and of the third co:npletc pay pariod following the accrual. After one full consecutive year of service and upon remirnendation.of a depu-tmelit head and approval of the City Manager, a fire safety e iployee who has worked overtime may be grantw r_r -onsating time off in lieu of pay, providing the oomp4nGating tiara off does not eacoed ten xorking days per . Malice safety mployees F i -22- 9 may elect compensatory time off in lieu ok salary o6m- pensat:ion for l;olidays or overtime worked. Such elec- tion to be li it ed to the accrual of not more than eighty (80) hours of compensatory time oft at any one tine. The use of any cambination of eampens-tory time off and annual vacation shall not exceed one hand- ; red sixty (160) hours at any one time during any fiscal a .r year. in all cases the assignment of artnloyees to holi- day cork or dvertime work as well as final approval of rejuests for compensation time off shall be thesole responsibility of the Police Chief. Termination of ; employment terminates continuit-y of service for vacation j benefits. Section 5. Sick Leave: Sicl: leave with pay shall be granted to all pro",ationary and permanent employees within the merit system at the rate of one work day for each cAsn&ar month of service except those who :pork. less than 1040 hours a year. Any such leave accrued but unused in any 0 l year shall be cumaladve for succeeding years. Sick r leave shall not be o-)nsiderod as a privilege which. an {i employee may use at his discretion, but: shall Le allowed only in case of necessity and actual sickness or dis- ability. Any abuse of sic), leave is cause for dis-i- plinary action or dismissal by the appointing po:%x:r. mployees eligible for sick leave shall be granted such leave when they are incapacitated for p=fon=ce of their duties by sickness, injury, or for medical, dental, or optical examination or tseatlnent, or when a member of: the irmx3diate fanuly of the employee is afflicted with an -23- illness and requires the care and attendance of the employee, or when, through exposure to contagious disease, the presence of the egloyee at his post of duty v,ould jeopardize the health of others. ne term "contagious disease" means disease or illness subject in quarantine or requiring isolation or rest=ic- tion of rmvement of the patient for a particular period in accordance with regulations prescribed by the local health authorities having jurisdiction. If no definite ti,-nr period is specified by the regulations, the period shall be determined by the attending physician. ivl--n sick leave is granted under these circumstances, an explanatory medical certificate fram the physician is required. An employee who is absent on account of sickness mast notify his supervisor as e=ly as practicable on the first t day of such absence, or as soon thereafter as possible. ' f ' 1 ' } requests for sic}: leave for medical, dental, or optical exa-ni nations must be approved in advance by the supervisor. Any grunt of sick leave in excess of three consecutive work days must be supported by a medical certificate furnished by the Personnel Office to be filled out by a physician or practitioner. when the period of absence is for three consecutive work days or less, the Personnel Office n-1y accept: the employee's certification, as to they } reason, for absence. Saritten applications for sick leave wrest be- filed with the supervisor within the pay period in which the employee returns to duty. :1- Part-time employees, with regularly scheduled tours of duty fixed in advance, ift work pore than 1040 hours a year shall earn s3.ck leave on a prorated basis. Part-i:.um employees for whom no regularly scheduled i tour of duty has been prescribed and who work less than 1040 hours per year do not earn sick leave. Any eligible employee who is absent from work by reason of attend- ance upon mars of the knediate family whose illness requites the care of such employee, or death in the imedi- ate family of the einployese, may be allowed. Imiediate family shall include the father, mother, brother, sister, spouse, mother-in-law, father-in-lav, or dependent,of any eligible employee of the city. An employee who is required to take a physical exmdmation in connection faith induction or enlistr.�nt in the "amed Forces is not ckoxged leave for the time necessary to , complete the examination. MaWY ers of the military reservs ; who are recalled to active duty are placed on pay status with the branch of the Armad Forces for the time rewired to take the physical examination and, therefore, *vast be charged leave or leave without pay for that purpose. M ployees m king a donation of blood without charge will be given reasonable time off for that purpose. 1b charge 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 Tray be authorized at the discretion of the deparbrcnt head. For the purposes of -25- .-w ,— ooirruting sick leave, armloyment shall be considered to have muirenced on the first day of the first full calendar month of arployment. Holidays occrrring during sick leave shall not be counted as a sick leave. Sick leave shall not be taken as vacation tire, nor compensated for in cash at any time. MWithstw-Aing anything in this section to the cuntrary, local safety enTloyees are not entitled to sick leave for any job related illness, injury or other occurrence which entitles the employee to benefits under s s4850 of the Labor Code (hereinafter 14850 benefits'). The City Managerinay authorize use of sick leave after 4850 bene- fits ). The City manager may authorize use of sick leave after 4850 benefits are exhausted for job related ill- ness or injury if he/she determine:. that: (a) The injury is not parmanent atQ- stationary. (b) Ube use of sick leave will mt- exteuxl the effective date of the cployee's ret iranent. (a) The anployee is physically unable to work and there is a reasonable probability he/she may return to pork. If the City determines that a local safety mwber should be retired for disability, such retiranent may beconie effective, mh-;ithst.unding the fact that his/her sick leave has not expired. Section 6. Allowance for Occupation Sick Leave: Leave with pay for injuries sustabied in the line of duty shall be granted as fcllms: —26— (a) A miscellaneous employee absent because of injury received in line of duty is charged either sick: or annual leave if the period of incapacitation exceeds ninetl (90) calendar days and receives no credit for either annual or sick leave for the period E i Of incapacitation tbat exceeds ninety (90) calendar days. She City will supply the diffexence between the allu4ance granted by the insurance and the airaunt the employee wvuld ordinarily receive for the period of incapacitation not to exceed ninety (90) calendar t days. Shereafter during such absence he may elect jJ to apply pro -rated accrued sick or annual leavers to such absence, and to receive campvnsation there- fore In the amount equal to the difference between the cmgensation to which he is entitled under the i SVarkmen's Carpensation Act and his regular pay, not to exceed the amount of his earned sick or annual leave. In figuring the benefits paid by insurance, wage benefits alone shall i.:e considered and medical and hospital benefits shall be excluded. ' (b) A local safety employee absent because of injury received i.n 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 4 leave in lieu of nor in addition to the leave of f# absence with pay authorized by Section 4$50 of the California Labor Code. local. safety employees ara + I not entitled to sic}c leave for any job related �• _fit_ , 0 injury or other occurrence which entitles the G-nployee to 4850 benefits.the City twill supply the difference between the allowance granted by the insurance and the amount the employee would ordinarily receive for the period of incapacitation mt ti exceed one full calendar year. Section 7. Sick Leave Conversion: Any perrranent miscellaneous employee iti*ho has accrued and maintains a minim, M of one hurxired (100) hours of sick leave shall be permitted to convert up\to t:elve (12) days of accumulated uncom- pensated sick leave to vacation at a ratio of threa (3) i sicY. leave days per one (1) day of vacation. 'The initial. opportunity to elect the conversion of sick leave to vacs: Lion sbal3 be offered to enployees during, the first ten calendar days of Augmt, 1979. Thereafiar, the sick F leave conversion option I,iill be provided during the first week of each fiscal year. 7 Any 1p=mmnent miscellaneous employee applying for 'retire - rent with the Public nnployees' Retirement System P y convert accrued and unused sick leave timr- to extend ser- vice time in the systan at the ratio of 25 days cf accrued sick leave to one month of extended service- F S-ctiori 8. All enploYeees entitled to military leave shall give the appointing poker an opportunity within the limits of military regulations todetermine Iohen such leave shall ' be taken. Mid itaiy lea �e with pay must not exceed fif- t teen (15) days in any one calendar year for any full- tip.M-Inent• employee wlio has been in the service of the xne City for ono year or more. Section 9. Section 10. a A request forirdlitaiy leave which does not fall in the above category should be referred to the City Manager. 1'ne City Manager may grant military leave of absence or military furlough upon receipt of the employee's appli- cation supported by an Armad Forces order. ; Lury Du : ihployees who are called for jury duty shall be granted leaves of absence during periods of jury sera - vice. 'I`he City will continue to pay employees their f regular rates of pay during such leaves. ; meave of Absence: The City manager may grant a pexranent employee leave of absence without pay. 1Qo such leave shall be graWt:ed except u_ron written regiest of the employee. AWxoval shall by in writing and a oopy filed with the Personnel, officer. rai.luxe on the part of the � employee on leave to report pranpcly at its exppasaticn, or within a reasonable tbTe after notice to return to _ 5 duty, shall. be cause for discharg-�. ' Maternity leave of absence without pay shall ba � authorized w=en eaployees making application as pre- scribed above. A pregnant employee may continue to imrk until such time as tia employee's physician declares that f continued ux)rk would endanger the health or safety of the employee. A pregnant employee Pray use all and any accrued sick leave and vacation for purposes related to the termination of pregnancey. An employee �,A-D has texnu.nn ted a pregnancy may return to 4ork at any time after the termination of -29- the pregnancy that the employee's physician declares the return 'o work will not endanger the health and/or safety of the employee. Section 11. Hours of librk: All offices of the City, o.cept those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays, and holidays continuously frork8:00 a.m. until 5:00-p.m. Dmloyees for who necessity requires a differ-4it sche- dule than that generally applied, shall Imrk arr„ordb g to regulations prepared by the despective departrent head ; ! and approved by the City Manager. Section 12. Other . ILnplo lent: rho City employee shall br knitted to have outside employment which is inaonszstent or incw,pitible x-rith his City employment. I;n empla ee utko " desire: to have outside employment shall first obtain 1 written approval fran his C-Qpartwnt head and the City j Manager. Section 13. Attendance: Twployres shall be in attendance in their vork in accordance with the rules regarding hours of work, holidays, and leaves. All depart rants shall keep daily I attendance records of employees which shall be reported s i to the Personnel Officer in the form and on the dates he shall specify. failure on the part of an cqmloyee, absent without leave, to return to duty within b%lenty- four. (24) hours after notice to return shall ba cause for immediate discharge, and such employee autonutically waives all rights under tha Personnel Ordinance and rules. -30- 0 Mection Holidays: Municipal offices shall be closed on days designated as holidays by City Council resolution. OVloyees shall receive holidays or overtime pay in accordance with City Council resolution effecting employee benefits. When a City Council authorized holiday falls on Sunday, the fo'llwing Monday will be observed. When a City Council authorized holiday falls on Saiukday the previous Friday vrill be observed. Section 35. Overtime: (a) Application: .Any einloyee 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 conpensation 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 rcede during the pay period v:herein the overtime was earnVA. Time in lieu of pay at no tam° shall exceed 40 hours. (b) Holiday Time: (1) In those instances where an wployee 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 California State Code Section 5201, the enployee shall be granted compensaticn for such overtime at one and one-half tier-s his regular hourly rate. (2) Members of the police department who are required to work shifts of a norwal 40-hour work week, Sunday -31- through Saturday, shall be paid at the rate of one and one-half times the rmployee's regular hourly rate of pay in lieu of eleven holidays. Payn-ent shall be made during the pay period wherein the overtime is vnrked. hers of the police department who are required to fork a normal eight hour day (8:00 a.m, to 5:00 p.m., Monday through Friday) shall receive holiday overt.imr at the rate of one and one-half tirres the employee's { regular hourly rate of pay for each of tl;e eleven scheduled holidays worked in a forty hour work weak, and having worked a ndnimrnn of six of the eleven scheduled holidays in any calendar ,year shall receive holiday over- ; time pay for eleven holidays. Payment sha]1 made during the pay period wherein file overtano is worked and during the final month of the fiscal year because of, fulfillment of the "minimum of six" require;rmt. (3) munbers of the fire department who are• required to work 24-hour shifts to a 63 hour work �mek, Sunday E through Saturday, shall receive holiday overtime at the rate of one and once -half tins the errployee's regular j shift rate of pay for five and one-half (5-1/2) shifts per year, or a prorate share using the ratio 1/12 for each month, or part thereof, %,o&ed for less than the full tine year. Payment for holiday overtime shall be made one tine per year during the final month of the fiscal year or the final month of employm:nt, whichever is first. (c) Administration of overtima and Ftoliday Tune: 'ihe -32- smallest unit of time credited as overt:im3 shall be one-half (1/2) hour zor any pay Period- Overtim %Mrked thai: 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 depai:bT mt head shall report: all overt3le for pay or time in lieu on finance departyezt tima and pay records. The department head shall report all film away fran work in the natter of allowing the use of accumulated owipensation time. (d) Definition of me and Holiday Time: Tbr the purposes of• this section, the follaging definitions shall apply. (1) "Wertima" shall nean any time rrorked in excess of the norml work week consisting of 40 hours or, in the case of the fire depa,: bTent, any time wo 3cd in excess of 63 hours daring the work week, W idh if credited as set forth hereinabove. (2) "Holiday Time" shall min work parfornad on any of the holidays designated in Paragraph (b,1), and to the normal work week in the case of police and fire department personnel. (e) Call -Back overtime: i.'nenever an employee is called back to work for less than two (2) hours, he shall receive a minim- = of taro (2) hours of overtime aoI-pensataon at time and one-half . All time ;,-irked which exceeds the mi nimim' of tao (2) hours shall 1>3 compensated for at the actual hours worked at the rate of tijm and one-half. (f) Lccep dons io Overtaurn Policy: 4hese overturn provisions shall not apply to personnel under the D-.ecutive Salary Plan. -33- .A (g) $tundby pay: Standby duty is c-:fined as that period of tine assigned by ess appointing authority, in addition to the eloyee's normal cork tacJt assignm'nt, during c�hich the cnnloyce must renkvn where he can be contacted by telephone or radio, ready for ism- cb.atG call-back to his department artt to perform an essential service. Standby ti:c far employees shall t-0 cm-p nsaced in an amunt of $10 daily. Section 1. 'rransfer: After notice to the Personnel Officex, an ePlOyce' may be transferred by the appoint -mg pcmer at any tip from one position to another position in the sm'e or comparable class. if the transfer involves a change from the juri�-dictaon of one supervis:blg officia3. to anoth:x, both must consent thereto unless the city Manager orders the transfer for purposes of economy or efficie4cy. Transfer shall not be used to c,.ffc:tuate a pmTOU.0n, demotion, ad- van%wnt, or reduction, cacti of which may ba ac onrlished only as provided in the Pc-.rsonriel Ordinance and in these rules. PIo parson shall ba transferred to a position for which he do-s not possess the min:Umm qualifications. Se,, Lion 2. p. cwtion: insofar as practicable and consistent with ti: best interest of the service, all vacancies in the msrit system shall be filled by promotion from within the Ciiy's service, after a pr mational examination has been given and a promotional. list established. if, in the opinion of dia appointing pot.Nar, a vacancy in the position mould be filled better by open caq>2Utive exmdnation instead of a closed praiutional -34- 'mm Section 3. Section 4. Section 5. examination, then the appointing poweo: may request the Personnel Officer to call for applications for the vacancy and arrange for an open conpetiitive examination and for the preparation and certification of an eligible list. (Reference: Section 5, Rule IV) Darotion: Xha appointing power may denote an employee whose ability W perkorm his Cecluired duties falls belcxa standard, or for disciplinary purposes. Upon regnnest of the employee, W with consent of the prospective super- vising official, danotion may be made to a vacant posi- tion as a substitution for lay-off. tdo employee shall be dcanoted to a position for which ha- does not posses the minimum qualifications. Written notice of the 0enotion shall be given the employee before or within three days after the effective date of the demotion, and a copy filed with the personnel Officer. Suspension: Try appointing power may suspend an employee from, his position at: any tuns for the good of the service, for disciplinary purpose, or for other just cause with the appraval of the Ci 1 r5anager. Suspension witl:aat p«y shall not exceed thirty days, nor shall any einmloyee be penalized by suspension for more than thirty days in any fiscal year. Suspension shall be reported immediately to the personnel. Officer by the appointing paver. Reinstatement: With the approval of the appointing power, an cmployee Niho has resigned with a gxd record may be reinstated within b%D years to his form-yr position, if vacant, or to a vacant position in the same or comparable -35- i r • class. Upon reinstatement, the anployee, for all par- pa::es, shall lhr considered as though he had received an original appointment. Section G. Discharge: An employee in the mPxi.t sea -vice MAY be dis- charged at any time by the appointing P wer, upon approval - of the City manager and prior notification to the Personnel Officer. Any employee Wo has been discharged shall be entitled to receive a written statement 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.: ahe appointing tower may lay-off an employee 3 in •Elie merit service because of material change in duties or organization or si�rtage of work and funds. Ten uorking days prior to the effective date of a lay-off, the appointing power shall r)Dtify the Personnel Officer of the intended, t action with reasons therefore, ar4 a statement certifying t Vnether or not the services of the employee have been ¢ satisfactory. A copy of such notice shall be given the employee affected. Tf certified as having given satis- factory service, the nine of the employee laid off shall be placed on the appropriate reemployment list as provided } by these rules. Section B.. Reduction in force procedures.- Zha following procedures will apply to all probationary and perm-ment miscellaneous city essployr_.es in the event of a reduction in the City work force. (a) Definitions:_•the followi.nj definitions apply to these procedures: (1) City service Seniority shall iL determined as -3G- FEW the period of total continuous service with the City as measured from the date of original appointment. (2) Classification Seniority shall be deternuned as the period of total continuous service of an employee in the present classification as mea- sureca from the date of appointment to thutt classification. (b) Reduction in rozce--D=tion: Whenever th-xe is a reduction in work force the City shall first darote to a vacancy, if any, in a classification, vfhich the cvaployee with the greatest lerrjrii of continuous City service has previously serval and its determined to be currently qualified. An employee may refuse to accept. a dewtion airl accept layoff without jeopardizing reemployment rights otherwise provided, for in this procedure. (c) -Reduction in ro ce--T,aYofff: Menever there is a } i reduction in the wark force, the City shall secondly layoff employees within a classification according to continuous service seniority. employees with the least continuous City service shall be laid off first. (d) Notification: Whenever there is a reduction in the f work force requiring layoff the City shall send writ -- ten notice to the last kn.m address of each employee affected by a layoff. '?he nonce shall include the (1) reason for layoff, (2) classes to which the employee nay demate within the City, if airy, (3) effective -37- -e of ggtionf (4) conditions gv,•.9ning retention on and .reinstxteirent fxvn reemployment lists, and (a) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. (e) D._terminincr Ien th of Seniority: In dctern W-9 continuous City service seniority, all uninterrupted employmznt from the original date of mire, including periods of authorized leaves of absence and includ- ing all p',.riods 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 sea.'ved as a limited team or CEM employee, shall by counted as continuous City service seniority. (f) order of,Reduction in Force: in a reduction in force th-. following order of layoffs ,shall be fol- lowed: (1) p=t-tima, tei%mrary and provisional Employees in the affected classification ser3.es; (2) limited term employees in reverse order o' their seniority in the affected class series; (3) City probationary employees in reverse order of their classification seniority in the affects class series; (4:) should there he, need for further re- duction, regular employees in the affected clas- sification series shall b= given the opporWnity to accept or refuse devotion as previously described in Section B an reverse order of their classification seniority; (5) should a reduction in force still be neces9ary, regular amployces shall b4 laid off in reverse order of their classisification seniority. ! -38- (qZ nets; n_ Order of f f and -Aeration for gnployees with Identical Seniority: Should tno or rare employees have identical seniority, the order of layoff and demtionidIl be determined by alpha- batica7l order of the employees' surnar-ras. (h) Transfer: All effort will be made by the City to transfer any Employee who is to be affected by a redact ion in force to anther vacant position for -which such employee may qualify. (i) order I of 't on pursuant to'a Red c- 'tion in Force --Awed: When regtral due to a reduction in forcer Wployees shall be de:mted a..n the foi o-Ang-►rmnner: (1) Erployees who are denoted, wl-�o have held perm anent status in a lOrjger classificatio l shall have the rir'zt to b=9 am loyees of lessex seniority in that lar•.er classification. (2) Bnployees �jj o have not actually held status in a la4er classification shall be al].oged to date to a vacant position or to a position held by a City probationary employee in such lower class, but may not bump regular City amployces already in that la,,*cr clas- sification. ' (;j) Re%nstate<-m2nt of %mployecs Ac-•m�i:ed as a Result of a Rcauction in i%hrk Force: MDployee; jaho are damoted as a result of a reduction in force shall have their .39- J i names placed on a reinstatemm- t last, ill the ox:der of their seniority. Vacant positions in which an employee has served with5n a classification series shall first be offered to snployees on this list. (k) 'Recm:>loytrf.,nt of Zjaloyees Laid off as *a'Result'of a Reduction in rorce: Employees who are laid,off and 1aho i1eld pernmanm ent city status at the tisfe of layoff sha11 have their names placed on a re- enployment list for classifications at the same or lower salary range for which they qualify in the order; of thei3. calssificwt on seniority. VaOmt- positions in such classifications will be offered to eligibles on the remployment list who qualify for such vacancies prior to an open or prormtional recruiIarent. (1) Duration of Reinstatei"ent am' Reert loyment Lists: The eligibility of individuals on the reinstate - me ;.t and reamloyment lists shall extend for a pxicd of t %*o years from the date of devotion or layoff. Eligibles not resprOing to vxitten notification of an opening after ten W)rking days shall have thaix ra*m..s resoved fran either the m,empl oymeent or reinstate -tent list- (m) Restoration of Benefit. L?�n R^anployr nt Tollata� ing a Reduction .in Florce: Upon xeaTTAOyrrent fol- lowing a reduction in force, an individual wi11 have the following benefits restored: (1) Prior sick leave accruals. -46- F (2) Seniority at time OR layoff for purpcses of detoxmining Mrit increases, vacation accruals and future reduction in force. (3) '.the salary paid to an employee who is re- employed shall be equivalent to the salary plan at the time of reemployment. If the employee chooses to be reemployed in a clas- sification which has a salary rangy lcfaer than the classification from which re tvrds 'laid off r then salary placement will be in the range at the "T:" step as reflected in the current effective salary plan at the time of xe- ' employment. (n) Pdff of I IIn Layoff: Laid off employees - are to be paid for all accrusd holiday, vacation, � F compensation time and overtime ..,ben separated as t i 4 a result of a layoff. '.AC sick leave accruals of Fsuch employee will remain on the bodes and .will be i i reinstated if tbe_y are reappointed. (0) Retirment Contribution: The disposition of the retirement contributions of a laid off employM { , sY..all ba governed by the provisions of the State of California Public Mployees' Retirement Law as containedd, in the Government Code. Section 9. Resi2natiops: An employee wishing to leave the City's i .service in goal standing shall file with the appointing pa,qex a written resignation stating the effective date and reasons ,for leaving at least tivo weeks before leaving / -41- i the s&.vice, unless such, time limit is waived by such official, A,staterent as to the resigned employee's service performance and other pertinent information shall be fonlarded to the Parsonnel officer. failure to give notice as required by this rule may be cause for denying future employment by the City, ' r RULE Xx1. GPTEVAhCE Pi20CIIDusty-, Section I. Purpose: Ulle passes of the Grievance Procedure of the City of Carlsbad are: tf (a) To Promote imProved eTPloyPx-eVployee relations s' s by establishing grievance Pro^..edures on matters ; for which appeal or hearing is not provided by other regulations. ± (b) TO assure fair and equitable treatment of all employees and Prc;ot` harnbnious relatons among OnPloyees, supervisors axi management. � s (c) To encourage the sett]are.)t of disagreements r informally at the employee -supervisor level and Provide an orderlX Procedure to handle grievances thrvughraut the several supervisory levels where necessary, (d) "b Provide that aPr,94ls shall be conducted as informally aw possible. (e) 2b resolve grievances as quickly as Possible and correct, if possible, the cause of grievances, thereby ,reducing the nuTrber of gri.e,,anc:es and future simile: complaints, (f) 7 is grievance procedure is applicable to classi- fied employees in each department of the City of Carlsbad. -4 2- i Section 2. Section 3. Definitions: ror purposes of this grienvance procedure, the following definitions shall apply: (a) City Sam er: The City Manages' or his authorized representative. (b) 292arttnsnt: 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) to e,-. or City 172ployee: Any officer or employee of the City., except an elected official. (f) Ehmloyee Representative- .An individual who appears on behalf of the employee. (g) Grievance: A complaint of an employee•or a group of employees arising out of the application or interpretation of existing nil -as, regulations, or policies which come under the control of a department head. (h) L-mw-Jiate Su -visor: %he individual who assigns, reviews, or directs the work of an arployea. M Interested Party_: lug individual having p._rti- nent and/or it iediate knowledge of the circum- stance out of which the grievance arose. (j) '222.xvisor: 7ne individual to whom an imTediate supervisor: reports. Reviaiable and nonrevicwable Grievances: (a) 'tb be revierable under this procedure, a grie- vance must: -43- ` (1) Concern matters or incidents that have occurred. (2) Result from an act or mission by manage- ment regarding working conditions or other aspects of enrployer-employee relations over which the head of the department has control. ! (3) Arise out of a specific situation, act or acts considered as being unfair which result in ,inequity or damage to the w-PlOYse. (4) Arise out of an interpretation and applica- tion of Permnnel Syst:GA Rules and Regula- tions. i (b) A grievance is not revicmable under this pro- cedure if it is a :natter which could require the k modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of � a the city of Carlsbad, such as: j (1) Applications for changes in title, job classifications or salary. (2) Appeals from fOM-1 . disciplinary prnc--eaing. j (3) Appoals from cork 1;erformance evaluations. i Section 4. S.p cial Grievance Procedure Provisir?ns: The i:ollowing special provisions apply to the grievance procedure. 3 (a) Procedure for Presentation: 7n presenting the 1 grievance the eiployee shall follow the sequence aix3 the procedure outlined in Section V of this procedure. -4-11- (b) Prompt Presentation: The employee shall discuss the grievance with an amrediate sup-rrvisor prorapily after the ac" or anission of managemcni: causing the grievance. (c) Prescribed Form: The written grievance shall be submitted on a form prescribed by the Personnel Officer for this purpose. (d) Statemant of Grievance: The grievance sha7.]. con- tain a statement of: (1) The specific situation, act or acts con- sidered to be unfair. (2) The inequity or damage suffered by the employee. (3) The relief sought. (e; i1n lac }presentative: Ube •a*loyee may choose someone as a representative at any step in the procedure. No parson hearing a grievance need recognize :mre than one representative for any one teas, unless he so desires. (f:) Inte osted Parties: There shall be no limit - placed upon the nmbex of interested karties which may provide in£onration during the hearing of a grievanc3 at any step of the grievance procedure. (9) I1atK11cx1 poring GI�Y}:inq Tiours: F7henever possible, grievances %Fill be haiAlo:] during the regularly schedule uorking hours of the parties involved. (h) Lctension of T.;ma: The time limits within Inch 'action must ba taken or a decision made as speci- fied in this procedure may be extended by mutual -45- written consent of the parties involved. A state- ment of the duration of such extension of time mast be signed by both parties involved at the step to be extended. (i) Consolidation of Grievances: if the grievance involves a group of employees or if a nurbax of am, loyeas file separate grievances on the cams matter, th-- grievances shall be handled as a single grievance. (j) Settlement: Any grievance shall br considered settled at the co gletion of any step if all parties are satisfied or it neither party pre- sents the mattez to a lugher authority within the prescribed tuns. (k) re sisal: 'the grievance procedure is interdoe to assure a grieving mploye4 the right to pre- sent a grievance without fear of disciplinary ; action or reprisal by the supervisor, superin- tendent, or department head, provided the proNrl- sions of the grievance procedure are observed. Copies of grievance foams will not ba placed in employee personnel records but will be maintained � in separate files in the Personnel Depar-ft=it. ; Section S. Grievance ProaW- ure Sinn: The following procedure shall be followed by an c mployee submitting a grie- vance for consideration and action. (a) Dix -cession with Su ervisor: The employee stall discuss the grievance with an ia7mcrliat e super- visor informally. R'ithin tZ%a (2) working clays, --4 (� t (a ;corking day is .-onsidered to be the next con- Se'cutive full day employee is reTuxed to br present at the place of employment) the supx- visor. shall give a decision "v the employee ver- bally. (b) S �1: if the employee and supervisor cannot reach ar agreement as to a solution of the grie- vance or the anployca has not received a deci- sion within the•t.,x) working day limit, the Employee may within ttv (2) working days present the grie- vance in writing to the supervisor vto shall endorse co ments therm and present it to a superior within two (2) working days. The superior shall hear the grievance and give a writter. deci- sion to She ecaployce within five (5) working days after receiving the grievance. (c) If the employee and superior cannot reach an agreement as to a solution of t:Le grie- vance or the anployee has not received a written decision within the five working d,-J limit, the cmployce may within five (5) %orking days present the grievance in writing to the deparb.,.ent head. 11he department head shall he-ar the grievance nand give a written decision to the Employee within five (5) ��,xsking days after: rec.\iving the grievance. (d) Sten 3: If the employee and dcp.'u1itr; nt head cannot reach an agr=r-.nt as to a solution of -47- Section I. I the grievance or the employee has not received a decision withi-i the five workimJ day limit, the eMloyee may witlAn five (5) mrking days presont the grievance in writing to the City Manager. The City Manager shall within ten (10) working days after receipt of the grimrame hear the grievance and render a written decision. (e) Step 9: If the enployea is not satisfied with the decision or reco mendation of the City Mana- ger, the aq)loyee may within ten (10) working days appeal an writing to the Personnel Board of the City of Carlsbad. Vie board shall. crithing 15 days after receipt of the appeal hear the appeal and render an advisory opinion to the City Marsger. The City Manager shall •vrithin ter. (10) tiorki.ng days advise the employee of intentions for final. action. RULD Y.III. T.RKTEN rG, EMCNIM i�1, iA== PAX IREMt,`m Trainin and Education: (a) Responsibility for Training: The city encourages graining programs for employees. Responsibility foi: developing training programs for cmployewS shall be asstmoed jointly by the Personnel O££icei and departnert heads. Such training programs may include lecture courses, demonstrations, assign- ments of, reading matter, or such other devices as may be available i'or the purpose of improving the effectiveness and broadcring the knowledge of municipal officers- and employees in tho perfor- mance of their respective duties. Rol ram„ r-s (b) L-redit for Training: Participation in and suc- cessful ompletion of special training courses may be considered in making advancaTents and pro- motions. Evidence of such activity shall be filed' by the employee with the Personnel Officer. (c) Reimbtirsm—mit for credited Courses: Permanent miscellaneous mployces of t,,%e city will j re- funded the r.-Ost of transportation, tuition, and book, to professional and technical courses taken in accredited educational :institutions provided y �,y jat: (l.) The , ub.1'ct matter of the course is related directly to the enmloyee's field of uork for the city. (?) The anployee shall. furnish evidc^r.e that he has cc�leted the course with a passing grade. (3) ut'extbooks be-^ome the property of the city. Section 2. incentive Pay: (a) IA2lgevity Ca r,nsatiori: (1) Salary Stew Ll shall apply° to any range in the Salary Plan to provide for a five pez-- cent M) increase of b.1se salary for mis- cellaneous OV-10yees who, on or after. duly 1, 1976, have attained five (s) continmus Years of service in the City of CarlsL-jd at the "Ell Step of the same salary range in Ube Salary Plan. llnployees who have accrucd all or pars: of five (5) years of continuous service at the "E" Step of the sane salary range prior to July 1, 3.976, may credit this service to card the service requirarnnt for movwnant to Salary Step Ll. In any case where an eVloyee is promoted and moves from the employee's exxisting class to another class, allocated to a higher range of compensation, e.e employee shall be advanced to the laaest step in such higher range which will provide a five: percent (5%) salary increase. (2) Salary Step L2 shall apply to any range in the Salary Plan to provide for a two and one- half pxcent (2-1-A) increase of basic salary for those miscellaneous employees who, on or after July 1, 1976, have attainzd 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 upon the employee ling xexcm- rwxded for such salary step by the employee's department head and such recairmndation Liaing approved by the City Manager. (3) Failure of the department head to re=Tmej- l and of the City tLnager to approve shall not constitute grounds for submission of a grievance or an appeal to the Personnel SO- Board. anployees who have accrued all ar part of ten (10) years of: ct-mtinuous service at the "E" Step o£ the s<me salary' range, prior to July 1, 1976, my credit: this service toward the service req=emzt for m7vement to Sala,-, Step L2. In any case 3 where an employee is prorated and naves from the employee's existing class to another class allo..ated to a higher range of compensation, the employee shall be advanced to the lcn,ust step in such higher range which will provide a five percent (5%} salary increase. RULE X1V . LIO UZ IDII'1'I7Lt, C(INTIZCSATION Section 1. Fire ; (a) The Fducational Incentive Program, established by .i the yemrandcm►of Understanding W3'nen the City and Carlsbad Fire Fighters Association, Inc. on June 2, 1972, shall be imdifiea effective July 1, 1979. Such mrodification tea? a continue the present program only for personnel vho %.=e a*loyec?, r by the City as of Jurs 30, 1979. Ab provisions ' of the Wucational Incentive Program shall be appl - cable to any person hired by the department after July 1, 1979. (b) Objective. (1) `ro encourage full time career employees to strive for, and maintain, a high level of cducatiomil achieveMOnt. • -51- (2) lb acknowledge that; with a high level. of education, the employee is more valuable to the commni.ty, therefore, he should be oom- pensated for this asset. (3) To define education goals, and to aid employees in attaining then- (c) Qualifyinq Standards: I�:perience: At least two (2) years continuing full tune employment "i.th the City of Carlsbad. The employee will have maintained a permanent classification for one (1) year and p=fOnr,ed his duties in a satisfactory, or above, 3 inanner. Education: Tne following schedule establ- i i lishes classification emPloym✓nt standards according to Personnel Ordinance I3o. 1120, and will designate the base on ;which accumulated education units Will i s establish eligibility. (1) A Fire Chief will be required to have attained t a Baccalaureate Degree or its equivalent. (2) A Fire Battalion Chief will be required to have $ attained an Associate Degree or its equivalent. (3) A Fire Captain All be requirred to Irve attained 45 college units or its equivalent. i (4) A Fare Fogineer will have attained. 24 college units or its equivalent. (5) A Fire fighter will establish eligibility with 24 college units or its equivalent. Service Units Percent Years Credit:* p 2 24 2?I 3 40 5 4 44 73,- 5 90 10 *College Unit equals fifteen (15) hours. Credit equals anuroximatcly iliaenty (20) }xrars . In accordance with the City of Carlsbad lhiployee Education Pm3rarn and Council policy Statement Nb. 3, tuition, regist-cation and text reimburse Trent will continue to benefit Fire Departimnt employees. (9) CordS�tions: It will be recognized that an accurarlation of nore than seven (7) units per s2Wster would i.nterfem pith the efficiency and/or health of a quaiifying•anployee. Qualifying units or, credits are not accumulated within regular scheduled working hours unless justified by a department education cx.-rmittee for the approval of the Personnel Director, represent- ing the City D9anager. A Fire Dapartment Education Co=, iittee as specified in Section IV will Submit for the approval of the Personnel Director, representing the City Kim- ger, a set of standards pertaining to fire safety scmdrars and a relative credit Value as analyzed by the California Tire Chiefs' Association: -53- 3 Section 2. Police (a) Educational Incentive Ccmpansatidn =Police: As of July 1, 1977, the blow 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 Troia ing Officer, Carlsbad Police Departm rit of successful completion of the prescribed course of study for and amwd of a Certi- ficate of Competency in Police Science by a State of 'California Community College and completion of two consecutive years of service as a memaer of the Police Depart ment of the City of Carlsbad. The ta%�o years of service must have been completed , izrmediately prior to the time the appli- cation for Educational Incentive Compen- sation is submitted. Represented employees who have completed requirements they believe to be equivdleat to thoss required for the award of a Certificate of competency in Police Science but who have not bean awarded such certificate aaad uilYa would otherwise bn eligible for step 1, X-ducational Incentive Compensation, may petition for remgnition of equivalency to the Chief of Police. Upon receipt of such -54- a request, the Chief of Police will request the City Manager to convene a oomi.ttee consisting of a representative of the City Manager, CPOA and the Chief of Police to review and evaluate the petition. If approved, the applicant will be authorized Step 1, Educational 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 met for eligibility for Step 1, Mucational Incentive Compensation. (ii) 2 pensation: Satisfactory fulfillment of the above rvquixement shall be compensated at the rate of twenty-five dollars ($25) paid biwedkly for twenty-six bimeekly pay periods per fiscal year. (2) Step 2. Applimole to all Peace Officers represented. (i) acquirements: Present evidence to the Train- ing Officer, Carlsbad Police Department of the award of an Intermediate Certificate issued by the state -of California Camussion on Peace Officers Standard and paining and Eligibility for Step 1. (A) Compensation: Satisfactory fulfillmant of the above requirement shall be compensated at ihe: rate of forty-five dollars ($45) paid biweekly for twenty-six biw ddy pay periods -55- yam- Such congensation to be Per fiscal in lieu of any previous Rciucational .incentive which had been received. mmpensation paYm=ta (3) Step 2. Applicable only to non sworn p= sOnnel ' represented• Rcauixements: idence to the 7xain- Present ev ing Officer, Carlsbad Police Depar,,,,ent, of havin94 net the State of California Comri-ssion a_Y:d Peace Officers Standards and Training requirEsn°itts for an Tntei-mediate certificate as detexmI ed ana agreed to by representatives of the City Manager and the Carlsbad Police Officers Association president- It is understood no certificate can be awarded to non -sworn personnel. (ii) ComsjW : Saifactory fxxlfi7.]ment of the above requirement shall be CDVImsated at the rate of forty-five dollars ($45) :,Rid biwee}:ly for twenty-six biweekly pay periods per fiscal. Year • Such co', V e ,sati on to b- in lieu of any previous rzucat-ional Incentive compensation payments %oich had lx en xecei�ei. (4) Step 3. Applicable to peace Officers repro sented• (i) Recrui_ r^nta present evidence to the Train- ing Officer, Carlsbad police Department, of the award of an Advanced Certificate issued by the State at• California Cox:nission on Peace off i.cers St,1ndarls and '�Y.aining an9 eligibility for Steps 7. and 2: -56- COrit}_,,_ n� on: Satisfactory fultillw-Dt• of the above requirement shall be c m'Pensated at the rate of sixty-five dollars ($65) paid biweekly for tw,_..nty-six biweekly PaY periods p^r fiscal year. Such compensation to be in lieu of any previous Tducat:ional Incentive compensation ixxyments which had been received: (5) Step 3. Applicable only to non-sctinrn personnel represeyced. ii) P , t : Present evidence to the Train- ing officer, Carlsbad Police Departit�nt, of h,Ving m:c the State of California Commission and Peace Officers Standards 2n3 n:aining requirenants for an Advanced Certificate as determined and agreed to by representatives of the City Manager ai-,I the Carlsbad Police Officers (association President. It is understrood no certificate can be awarded to non -morn personnel. (ii) Comp^_ _nspn� satisfactory fulfi.lbntent of the above requixcment shall be caaiPensated at the rate of sixty-five,dollars ($65) paid biweekly for twanty-six biwceRly pay periods par fiscal year. Such coanpajsation to be an lien of any previous aucation.a Incentive Couponsation parients which had boon rcc:ivcd. -57- a section 1. Section 2. (6) Program Rcvicen parties further agree to rcco miend that the above progrimt be revim:ad jointly by the City and Carlsbad Police Officers Association semi-annually during January and July of each succct^di.ng year to evaluate the effective- ness and currency of the program. (7) Procedtire: The Training Officer, Carlsbad Police Departirrant, upon receipt of proof of eligibility for Educitional Incentive Compensation, shall certify eligibility to the Chief of Police. The Chief of police upon approving such eligi- bility, shall foniard his approval to the City Manager for authority to coimmce tha appropriate compensation. educational Incentive compensation shall cormance at the begimbig of the next pay period following receipt: of authorization by the City Nkanagcr of the approval by the Chief of ralice. RULE ?.'V. RUOVIS AND RL' I',DS Rostra: Cards: The Peronnel Officer shall maintain a service or roster card for each enployee in the service of the City showing the name, title of position held, the department to whicliassignod, salary, changes in cnlployannt status, and such otter inforoati.on as may be considered pertinent. Change o£ tLtatus Report: Every appointment, transfer, pr=tion, deration, change in status of ermploycc:s shall be repartee to the Personnel Officer in such manner as he vny prescribe. -5a- RULE YVI. RUtia Or APPML 'in PMU (IM, -1. BOARD Section 1. Ttight`o_1. Lq al. Any anp]oyca in the coy .,titive service shawl, within seven dais, have the right to appeal to the Personnel Board any disciplinary action, interpretation or alleged violation of the personnel Ordinance, except in insUances where the 'ght of appeal is specifically prohibited by t1te P=- sonnel ordinance or these rules. Section 2. My thod 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, inforn each m iker of the Personnel Board, explaining the matter appealed frcan and setting forth therein a statemaat of the action desired by the appellant, with his reasons therefor. 11be formality of a legal pleading is not required. Section 3. 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 mare than thirty days from the dale of filing. The Personnel officer shall notify all ixtterested parties of the date, time and place of the hearing at such places as the Personnel Board shall presurilx . Section 4. Investigation. Upon the siring of an appeal., the Personnel Board may mike such incicpenlent investigation of the mattex it may dean necessary. 111c results of ,uch investigation shall be rv-dc a prat of the :record of; the proceedings aryl t ho appellant shall ha ie thn right -59- to have a reasonable time within which to answer or to present evidence in opposition to the findings of this indeperdcnt investigation. Section 5. Picard s. Ibo appellant shall appear personally unless physically unable to do so, before the Personnel Board at the time and place of the hearings. Iie may be represented by any person or attorney as he may select and may at hearing produce on his behalf relevant oral or docum-entary evidence. Appellant shall state his case first and, at Ure conclusion, opposition matter may -then be presented. Rebouttal ratter not repetitive Tray be allowed in the discretion of the Personnel Board. Cross-p-xarnination of witnesses shall be per., Utted. The conduct and decorum of the hearing shall be under the control of the Personnel Board by its chairman, wi-fh due regard to the rights and privp.eges of the parties appearing before it. Bearings need not be conductecl according to technical rules relating to evidence and witnesses. 1earings shall be closed unless the appellant, in writing, requests an open hearing. Section 6. Fina ngs and R--omm< mlations. `xhee Personnel Board shall, within ten days after the wn;lusion of the hearing, certify its firilings anti decision in writing to the City Council and to the appellant. The City Council shall review the findings and recamt.ndations• of the Personnel Board and may alien affirm, a -evoke or nr dify the action taken as, in its judgement, se-ars warranted, and the action taken shall be £final. Any mc- ber of the -6o- peXsol)ncl poard may sWnit a minority or supplemental finding and recommendation. In case -of suspension, discharge or demotion the appointing pvvicr shall reinstate any employee to his forrier status if proof is made that the action was for discriminatory reasons.