HomeMy WebLinkAbout2010-02-16; City Council; 20125; Revising Personnel RulesCITY OF CARLSBAD - AGENDA BILL
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MTG- 02/16/10 _J
DEPT. HUMAN RES.
REVISING PERSONNEL RULES
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No. 2010-029 revising the City of Carlsbad Personnel Rules to include
hourly employees in promotional examinations and eligibility processes.
ITEM EXPLANATION:
Current staffing strategies have been implemented to provide the organization with alternatives
to maintain and increase position vacancies. The strategies include frequent use of
promotional examinations. The City of Carlsbad Personnel Rules do not currently include
hourly employees in the promotional examination process. Staff recommends revising
Section 6, "Examinations", Section 7, "Employment Lists" and Section 8, "Method of Filling
Vacancies" of the Personnel Rules to include hourly employees in promotional examinations.
Staff recommends this revision in order to increase the number of applicants and improve the
selection process.
The City has met and conferred with Carlsbad City Employees' Association on this issue and
the impact to their members.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, these
revisions do not constitute a "project" within the meaning of CEQA and therefore, do not require
an environmental review.
EXHIBITS:
1.Resolution No.2010-029
Attachment A.
Attachment B.
Revised City of Carlsbad Personnel Rules
Strike out version of Carlsbad Personnel Rules
DEPARTMENT CONTACT: Cheri Abbott 760-602-2496 Cheri.Abbott @Carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
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AMENDED *
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CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
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1 RESOLUTION NO. 2010-029
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE REVISION
3 OF THE CITY OF CARLSBAD PERSONNEL RULES
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6 WHEREAS, it is recommended that the City of Carlsbad Personnel Rules,
7 Section 6, "Examinations", Section 7, "Employment Lists" and Section 8, "Method of
8 Filling Vacancies", be revised to include hourly employees in promotional examination
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processes to increase the number of applicants and improve the selection process; and
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WHEREAS, the City has met and conferred with the City of Carlsbad Employees'
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Association; and
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WHEREAS, the sections are revised as reflected in Attachment A.
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NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, the City Council and the City Attorney agree as follows:
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1. The Personnel Rules are revised to include hourly employees in promotional
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processes.
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2. The City of Carlsbad Personnel rules are revised to reflect the changes aslo
19 stipulated in Attachment A.
20 3. Except for this revision, all other terms and conditions of said Personnel
21 Rules remain unchanged and in full force and effect.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 16th day of February, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
pity Clerk
Karen R. Kundtz, Assistant City Clerk
(SEAL)
Attachment A
PERSONNEL RULES AND REGULATIONS
TABLE OF CONTENTS
PURPOSE Page 2
1. PURPOSE AND DEFINITIONS Page 2
2. GENERAL PROVISIONS Page 4
3. CLASSIFICATION Page 5
4. PAYBENEFITS Page 6
5. APPLICATIONS AND APPLICANTS Page 8
6. EXAMINATIONS Page 8
7. EMPLOYMENT LISTS Page 9
8. METHOD OF FILLING VACANCIES Page 10
9. PROBATIONARY PERIOD Page 11
10. ATTENDANCE AND LEAVES Page 12
11. CHANGES IN EMPLOYMENT STATUS Page 17
12. GRIEVANCE PROCEDURES Page 21
13. TRAINING AND EDUCATION BENEFITS Page 23
14. REPORTS AND RECORDS Page 23
15. RULES OF APPEAL TO HEARING OFFICER Page 24
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Attachment A
PERSONNEL RULES AND REGULATIONS
Purpose:
The objectives of these rules are to facilitate the delivery of top quality
service to the public and to provide for a fair and equitable merit system of
personnel management. They implement the Personnel Ordinance by setting
forth in detail those procedures that ensure comparable treatment for those who
compete for employment and promotion. In addition, in the absence of an
applicable provision in a Memorandum of Understanding (MOU) between the
City and an exclusively recognized employee organization, these rules define the
obligations, rights, privileges, benefits, and prohibitions placed upon all
employees in the classified service.
These rules are supplemented by City Council policies, City Manager
Administrative Orders, and Department Directives. The City Manager, as the
City's personnel officer, is responsible for administering and interpreting these
rules and supplemental policies, orders, and directives in a manner consistent
with applicable local, state, and federal law.
I. PURPOSE AND DEFINITIONS
1.1 Definitions:
The following terms when in these rules mean the following:
1.1.1 "Advancement" means a salary increase of one or more
steps within the limits of the pay range established for a
classification.
1.1.2 "Allocation" means the assignment of a position to a
classification and pay range based on the duties,
responsibilities, and discretion of the position.
1.1.3 "Appointing Authority" means the City Manager and other
employees of the City who have designated power under the
Carlsbad Municipal Code to appoint, discipline, and
discharge employees.
1.1.4 "City Manager" means the City Manager or duly authorized
representatives. To aid in administration, duly authorized
representatives, such as the Human Resources Director,
have been identified where appropriate throughout these
rules. The identification of a duly authorized representative
in these rules does not preclude the City Manager from
authorizing different or additional representatives when the
City Manager determines it is necessary to do so in order to
accomplish the purposes of these rules.
1.1.5 "Classification" means all positions sufficiently similar in
duties, authorities and responsibilities to permit grouping
under a common title and the application of common
standards of selection, transfer, promotion, and pay.
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Attachment A
1.1.6 "Classified Service" means all positions and employees
except those excluded by Chapter 2.44, section 2.44.030, of
the Carlsbad Municipal Code.
1.1.7 "Demotion" means the movement of an employee from one
classification to another classification having a lower
maximum rate of pay.
1.1.8 "Department" means an office, department or institution of
the City.
1.1.9 "Department Head" means the chief executive officer of a
department.
1.1.10 "Eligible" means a person whose name is on an employment
list.
1.1.11 "Employment List" means a list of names of persons who
have taken an examination for a classification and have
qualified for employment in that classification.
1.1.12 "Examination" means an examination for a particular
classification.
1.1.13 "Hourly Employee" means an employee who does not hold
a budgeted/authorized position and who works less than
1,000 hours in any one fiscal year. Hourly employees are
not included in the classified service.
1.1.14 "Limited Term Employee" means a regular employee who
has been retained in the classified service who has
successfully completed probation and has been retained for
a defined period of time.
1.1.15 "Limited Term Position" means a position authorized by the
City Council and anticipated to last for a defined period of
time.
1.1.16 "Merit Service" means all positions and employees except
those excluded by Chapter 2.44, section 2.44.030, of the
Carlsbad Municipal Code.
1.1.17 "Personnel Ordinance" means Chapter 2.44 of the Carlsbad
Municipal Code.
1.1.18 "Probationary Period" means a working test period during
which an employee is required to demonstrate fitness for the
duties to which the employee is appointed by actual
performance of the duties of the position in a manner
acceptable to the appointing authority.
1.1.19 "Promotion" means the movement of an employee from one
classification to another classification having a higher
maximum rate of pay.
1.1.20 "Provisional Appointment" means the appointment of a
person holding a regular position that possesses the
minimum qualifications established for a particular
classification and who has been temporarily appointed to a
position in that classification in the absence of available
eligibles.
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Attachment A
1.1.21 "Reallocation" means movement of an existing classification
and/or position from one pay range to another. Budgeted
reallocations or reallocations with no fiscal impact may be
authorized by the City Manager. All other reallocations must
be authorized by the City Council.
1.1.22 "Reclassification" means a change in the allocation of a
position by placing it in a higher existing classification, a
lower existing classification, or a comparable existing
classification based on substantial changes in the kind,
difficulty, and/or scope of duties performed in the position.
Budgeted reclassifications or reclassifications with no fiscal
impact may be authorized by the City Manager. All other
reclassifications must be authorized by the City Council.
1.1.23 "Reduced-Time Regular Employee" means a regular
employee who works less than full-time.
1.1.24 "Reduction in Pay" means a salary decrease within the limits
of the pay range established for a classification.
1.1.25 "Regular Employee" means an employee in the classified
service who has successfully completed probation and has
been retained as provided for in these rules.
1.1.26 "Regular Position" means a position authorized by the City
Council and anticipated to last for an indefinite period of
time.
1.1.27 "Reinstatement": means the reemployment without
examination of a former regular or probationary employee.
1.1.28 "Rejection" means the separation of an employee from the
service during the employee's probationary period.
1.1.29 "Suspension" means the temporary separation from the
service of an employee without pay, for disciplinary
purposes.
1.1.30 "Temporary Position" means a full-time or part-time position
of limited duration that has been authorized by the City
Council. Temporary positions are not included in the
classified service.
1.1.31 "Transfer" means a change of an employee from one
position to another position in the same classification or
another classification having essentially the same maximum
salary limits, involving the performance of similar duties and
requiring substantially the same basic qualifications.
2. GENERAL PROVISIONS
2.1 Fair Employment. The City is committed to maintaining a
respectful workplace and to providing equal employment opportunity to all
applicants and employees regardless of race, sex, religious creed, color, national
origin or ancestry, physical or mental disability, medical condition, marital status,
veteran's status, age, or sexual orientation. For additional information, refer to
Administrative Order No. 45.
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Attachment A
2.2 Political Activity. The political activities of City employees must
conform to the pertinent provisions of state law.
2.3 Meet and Confer. The City Manager will negotiate those matters
which are subject to the "meet and confer" process as specified in Government
Code sections 3500 et seq. (also known as the Meyers-Milias-Brown Act or the
MMBA). For additional information, refer to Chapter 2.48 of the Carlsbad
Municipal Code and the City's Employer-Employee Relations Rules and
Regulations.
2.4 Violation of Rules. Violation of the provisions of these rules will be
grounds for suspension, reduction in pay, demotion, rejection, and dismissal, or
other disciplinary action.
2.5 Amendment and Revision of Rules. Recommendations for
amendments and revisions of these rules may be made by the City Manager.
The City Council will consider the proposed amendments and revisions at a duly
noticed public meeting. Prior to the City Council's consideration of the proposed
amendments and revisions, the City Manager will provide affected employee
organizations with written notice of the proposed amendments and revisions and
an opportunity to meet and confer (or, where applicable, meet and consult) as to
those matters that are within the scope of representation as defined by the
Meyers-Milias-Brown Act. Amendments and revisions will become effective upon
their adoption by the City Council.
3. CLASSIFICATION
3.1 Preparation of Classification Plan. All regular positions in the
classified service will be grouped into classifications and designated salary
ranges by resolution of the City Council. Each classification will include those
positions sufficiently similar in duties and responsibilities to require similar
standards of education, experience, knowledge, skills, and abilities. The Human
Resources Director will be responsible for preparing and maintaining
classification specifications for all positions. The specifications will include,
without limitation, a list of typical duties, and a statement of the minimum
qualifications required for appointment. All classification specifications will
describe duties which employees occupying positions in the classification may be
required to perform and will also include a statement that employees are not
precluded from being assigned other duties that are not listed on the
classification specification. Classification specifications are illustrative rather
than exhaustive. The listing of particular tasks does not preclude the assignment
of other tasks of related kind or character, or requiring lesser skills.
3.2 Adoption of Classification Plan. Before the classification plan or
any part of it will become effective, it must first be approved in whole or in part by
resolution of the City Council at a public meeting. Prior to submission of the
classification plan to the City Council for consideration, the City Manager will
provide affected employee organizations with written notice of the plan
components and an opportunity to meet and confer (or, where applicable, meet
and consult) as to those matters that are within the scope of representation as
defined by the MMBA. Upon adoption by the City Council, by resolution, the
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Attachment A
provisions of the classification plan will be observed in the handling of applicable
personnel actions and activities.
3.3 Administration and Maintenance of Classification Plan. The City
Manager will be responsible for administration and maintenance of the
classification plan. Periodically, the City Manager will review the classification
plan to ensure that it accurately reflects the duties and responsibilities of the
positions covered by it. The City Manager is authorized to make any
amendments or revisions to the classification plan that are budgeted or will not
result in a fiscal impact. All other amendments or revisions must be submitted to
the City Council for approval in the same manner described in section 3.2 above.
3.4 New Classifications. When a new classification is created, no
person may be appointed to fill a position in that classification until the
classification plan has been amended to include it. After the classification has
been included in the classification plan, positions in the classification will be filled
in accordance with these rules.
3.5 Reclassification. Positions, the duties of which have changed
materially so as to necessitate a reclassification, will be allocated to a more
appropriate classification, whether new or existing. An employee in a position
that is reclassified may be directly appointed to the reclassified position if the City
Manager determines that the employee is currently satisfactorily performing a
substantial amount of the duties and responsibilities of the reclassified position
and meets the minimum qualifications for the position. Reclassification may not
be used for the purpose of avoiding limitations surrounding demotions and
promotions.
4. PAY AND BENEFITS
4.1 Preparation of Pay Plan. The Human Resources Director will
prepare a pay plan covering all classifications in the classified service, showing
the minimum and maximum rates of pay. In determining the pay ranges, the
Human Resources Director will consider the prevailing rates of pay for
comparable work in other public agencies and in private employment as well as
the existing differences in the duties and responsibilities as set forth in the
classification plan. No position may be assigned a rate of pay higher than the
maximum or lower than the minimum rate of pay provided for that position's
classification.
4.2 Adoption of Plan. The Human Resources Director will submit the
proposed pay plan to the City Council for approval and adoption. After the pay
plan has been approved and adopted, the Human Resources Director will
periodically conduct further studies to determine if the pay ranges in the pay plan
remain appropriate. If the studies indicate that an amendment to the pay plan is
necessary, the Human Resources Director will submit the amended pay plan to
the City Council for approval and adoption. The Council will adopt or amend and
adopt the proposed plan.
4.3 Application of Rates.
4.3.1 Employees occupying a position in the classified service will
be paid at a rate within the pay range established in the pay plan for that
position's classification. Newly hired employees will be started at the minimum
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Attachment A
rate of pay for their position's classification unless the City Manager determines
that qualified applicants are not available at the minimum rate of pay or that an
applicant has special qualifications that justify a higher rate of pay.
4.3.2 A transfer will not affect an employee's rate of pay.
4.3.3 Employees reemployed after layoff will receive a rate of pay
within the pay range established for the classification of the position in which they
are reemployed.
4.4 Advancement Within a Pay Range. Employees will be considered
for pay adjustments within the pay ranges for their respective positions in
accordance with the following schedule:
(a) Step B - at the satisfactory completion of the probationary
period in Step A.
(b) Step C - at the satisfactory completion of one year of service
in Step B.
(c) Step D - at the satisfactory completion of one year of service
in Step C.
(d) Step E - at the satisfactory completion of one year of service
in Step D.
Advancements to Step B through E will be approved by the City
Manager following approval by the Human Resources Director and the
employee's manager. Any non-probationary employee may be advanced to the
next higher step in the pay range regardless of the length of time served at the
employee's present step. This advancement requires the written
recommendation of the employee's manager and the approval of the employee's
department head and the City Manager.
4.5 Promotion or Advancement in Rate of Pay. When an employee is
promoted, the employee will be advanced to the lowest step in the higher range
which will provide at least one step increase in pay, except that the employee
cannot be advanced beyond the highest step in the higher pay range.
4.6 Out of Classification Compensation. Fire safety employees are
authorized out of classification compensation of a minimum of five percent (5%)
above a member's existing salary for each occasion the member is employed out
of classification; such compensation to commence following the first four hours of
employment out of classification. Assignment of employees to out of
classification service will be at the sole discretion of the Fire Chief. Other
classified employees out of classification compensation, if applicable, will be
governed by the employee's MOD.
4.7 Deferred Compensation. The City will provide for a Deferred
Compensation Plan in which the employees will have the option to participate.
The City reserves the right to accept or reject any particular plan administrator or
plan feature and to impose specific conditions upon participation in the plan.
Benefits under such plans will be determined through the meet and confer
process and memorialized in the applicable Memoranda of Understanding.
4.8 Compensation Procedure All employees will submit a time sheet
listing the total number of normal and approved overtime hours worked at the
end of each pay period to their supervisor. The time sheet will indicate any
absences and type or designation of absence. Absences, suspensions, etc., for
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Attachment A
which no payment has been authorized will be deducted from the normal
biweekly salary on the basis of 26 pay periods per year. Similarly, salary for
working periods of less than normal, as in the case of new employees,
terminated employees, leaves of absence without pay, etc., will be computed on
the basis of the biweekly or hourly rate less the number of working days of
absence.
5. APPLICATIONS AND APPLICANTS
5.1 Announcements. All examinations for classifications in the
classified service will be publicized by posting announcements on official bulletin
boards and by any other methods the Human Resources Director deems
advisable. The announcements will specify the title and pay of the classification
for which the examination is announced; the nature of the work to be performed;
the qualifications for the performance of the work of the classification; the manner
of applying; and other pertinent information.
5.2 Application Forms. Applications must be made on forms provided
by the Human Resources Department. The forms will require the applicants to
provide information regarding their training and experience as well as other
pertinent information.
5.3 Disqualification. The Human Resources Director will reject any
application that contains false or misleading statements, that indicates the
applicant does not possess the qualifications required for the position, or that
indicates the applicant is not authorized to work in the United States.
Applications may also be rejected for other reasons permitted by local, state,
and/or federal law.
6. EXAMINATIONS
6.1 General Nature and Types of Examinations. The following three
types of examinations may be used by the City to establish employment lists:
6.1.1 Open-Competitive Examination, which is an examination for
a particular classification that is open to all persons meeting the prerequisites for
the classification.
6.1.2 Continuous Examination, which is an open-competitive
examination that is open continuously, allowing new individuals to be added to an
applicable employment list on an ongoing basis.
6.1.3 Promotion Examination, which is an examination for a
particular classification that is open to all current employees who meet the
prerequisites for the classification.
Examinations of ability to perform job related duties may include
oral, written, performance, physical/mental fitness, and training/experience
evaluations. In addition, evaluations of past work performance, work samples,
personal interviews, and background investigations may be used in the
examination process. Examinations will be based on merit and designed to
provide equal opportunity to all applicants by being based on an analysis of the
essential job-related requirements for the classification and covering only factors
relating to these requirements.
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Attachment A
6.2 Conduct of Examination. Based on the needs of the service, the
Human Resources Director will determine when and what type of examination
will be conducted, whether open-competitive, continuous, or promotional. The
Human Resources Director is also responsible for administering the examination
process, including determining the method and manner of conducting
examinations.
6.3 Scoring Examinations and Rating Applicants. A candidate's
eligibility will be determined based on all elements of the examination process.
Upon completion of the examination process, candidates will be rated as either
"highly qualified," "qualified," "satisfactory," or "unsatisfactory." Candidates rated
as "unsatisfactory" will not be placed on the employment list for the classification
for which the examination was conducted.
6.4 Notification of Examination Results and Review of Papers.
Applicants taking an examination, if successful, will be given written confirmation
of their eligibility. Applicants will have the opportunity to inspect their own
examination papers within five (5) business days after the notices of examination
results are mailed. Any error in computation, if called to the attention of the
Human Resources Director within this period and confirmed, will be corrected.
The correction will not, however, invalidate any appointments previously made.
7. EMPLOYMENT LISTS
7.1 Employment Lists. As soon as possible after the completion of an
examination, the Human Resources Director will prepare and keep available an
employment list consisting of the names of applicants who qualified in the
examination. The final examination result will be determined by the total of the
scores received by each applicant during the examination process, based upon
the relative value assigned to each part of the examination before the
examination is given.
There are two types of employment lists:
7.1.1 An open-competitive list, which is a list of names of persons
who have taken an open-competitive or continuous examination for a
classification and are eligible for employment in that classification because they
received a rating of "highly qualified," "qualified," or "satisfactory" during the
examination process. Regular employees will receive preference when the
rating, eligibility and specific qualifications of other persons are the same.
7.1.2 A promotional employment list, which is a list of names of
employees who have taken a promotional examination for a classification and
are eligible for promotion or transfer to that classification because they received a
rating of "highly qualified," "qualified," or "satisfactory" during the examination
process. Regular employees will receive preference when the rating, eligibility
and specific qualifications of other persons are the same.
7.2 Duration of Lists.
7.2.1 Promotional employment lists will remain in effect for one
year, unless sooner exhausted. The Human Resources Director may extend the
duration of the list for up to one (1) additional year.
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Attachment A
7.2.2 Open-employment lists, except those for which the City
conducts continuous examinations, will remain in effect for up to one (1) year,
unless sooner exhausted.
7.2.3 In the case of open employment lists for classifications for
which the City conducts continuous examinations, new names will be merged
with existing names according to rating band and eligible candidates will remain
on the list for not more than one (1) year.
7.3 Reemployment Lists. The names of probationary and regular
employees who have been laid off will be placed on appropriate reemployment
lists in the order of their seniority. The names will remain on the lists for one (1)
year, unless they are reemployed before then. When a reemployment list is to
be used to fill vacancies, the Human Resources Director will certify from the top
of the list the number of names equal to the number of vacancies to be filled, and
the appointing authority will appoint these persons to fill the vacancies.
7.4 Removal of Names From List. The name of any person appearing
on an employment, reemployment, or promotional list will be removed by the
Human Resources Director if the person requests removal, if the person fails to
respond to a notice mailed to the person's last known address, or for any other
reason permitted by these rules or by local, state, or federal law. In the latter
instance, the person will be notified of the removal by a notice mailed to the
person's last known address. The names of persons on promotional employment
lists who resign from the classified service will automatically be dropped from
these lists.
8. METHOD OF FILLING VACANCIES
8.1 Types of Appointment. All vacancies in the classified service will
be filled by reemployment, transfer, demotion, or from eligibles certified by the
Human Resources Director from an appropriate employment or promotional list.
Regular employees will receive preference when the rating, eligibility and specific
qualifications of other persons are the same. In the absence of persons eligible
for appointment in these ways, provisional appointments may be permitted in
accordance with the Personnel Ordinance and these rules.
8.2 Notice to Human Resources Director. Whenever a vacancy in the
classified service is to be filled, the appointing authority will notify the Human
Resources Director. The Human Resources Director will advise the appointing
authority as to the availability of employees for reemployment, requested
transfers, or demotion, and of eligibles on employment or promotional lists for the
classification.
8.3 Certification of Eligibles. The appointing authority will indicate their
desire to fill the vacancy by reemployment, transfer, or demotion, or from a
promotional or employment list. If appointment is to be made from an
employment or promotional list, the names of all persons eligible for appointment
will be certified.
8.4 Order of Certification. Whenever certification is to be made, the
employment lists, if each exists, will be used in the following order: reemployment
list, promotional list, open-competitive list. Whenever there are fewer than three
names on a promotional list or an open-competitive list, the appointing authority
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Attachment A
may make an appointment from among these eligibles or may request that the
Human Resources Director hold a new examination and establish a new
employment list.
8.5 Appointment. After interview and investigation, the appointing
authority will make appointments from among those certified and will immediately
notify the Human Resources Director of the person or persons appointed. The
Human Resources Director will then notify the person appointed. If the person
accepts the appointment and appears for duty within the time specified by the
appointing authority, the person will be considered appointed; otherwise, the
person will be considered to have declined the appointment.
8.6 Provisional Appointments. In the absence of appropriate
employment lists, a provisional appointment of a person meeting the minimum
training and experience qualifications for the position may be made by the
appointing authority. An employment list will be established within six months for
any regular position filled by provisional appointment. The City Manager may
extend the period for any provisional appointment up to thirty days at a time, not
to exceed an additional three months. No credit will be allowed in meeting any
qualification or in the giving of any test or the establishment of any employment
or promotional lists, for service rendered under a provisional appointment.
8.7 Emergency Appointments. To meet the immediate requirements of
an emergency condition or natural disaster, such as extraordinary fire, flood, or
earthquake, which threatens public life or property, the City Manager or a
designee may employ such persons as may be needed for the duration of the
emergency without regard to the Personnel Ordinance or rules affecting
appointments. As soon as possible, the appointments must be reported to the
Human Resources Director. Emergency appointments end when the emergency
ends. Consequently, persons who are given emergency appointments are not in
the classified service.
9. PROBATIONARY PERIOD
9.1 Regular Appointment Following Probationary Period. All original
appointments in the classified service will be subject to a probationary period of
not less than one year of actual service. All promotional appointments will be
subject to a probationary period of not less than six months of actual service,
excepting police and fire safety employees. Promotional probation for police and
fire safety employees will be one year. For police officers, the probationary
period commences on the date they are sworn in as officers. For all other
employees, the probationary period commences on the first day of assignment to
their position. An unpaid leave of absence during the probationary period
lengthens the probationary period by the number of calendar days of the leave of
absence.
9.2 Objective of Probationary Period. The probationary period will be
regarded as a part of the examination process and will be utilized for closely
observing the employee's work performance, for securing the most effective
adjustment of a new employee to the position, and for rejecting any probationary
employee whose performance does not meet the required standards of work.
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Attachment A
9.3 Retention of Probationary Employee. If the performance of the
probationary employee has been satisfactory, the appointing authority will file a
written authorization with the Human Resources Director to retain the employee
and change the employee's status from probationary to regular. If an
authorization is not filed, the employee's performance will be deemed satisfactory
and the employee's status will change from probationary to regular on the
employee's anniversary date.
9.4 Rejection of Probationary Employee. Any time during the
probationary period, an employee may be rejected by the appointing authority
without cause and without the right of appeal. Notification of rejection in writing
will be given to the probationary employee and a copy filed with the Human
Resources Director.
9.5 Rejection Following Promotion. Any employee rejected during the
probationary period following a promotional appointment will be reinstated to the
position from which the employee was promoted unless charges are filed and the
employee is discharged for cause in the manner provided in the Personnel
Ordinance and these rules for positions in the classified service.
10. ATTENDANCE AND LEAVES
10.1. Annual Vacation Leave. The purpose of vacation is to enable each
eligible employee to take time off from work and return to work mentally
refreshed. All probationary and regular City employees in the classified service
will be entitled to take accrued vacation with pay except employees who have
served less than six months in the service of the City. Vacation accrual rates for
eligible employees will be determined through the meet and confer process and
memorialized in the applicable Memoranda of Understanding.
10. 2. Determination of Vacation Benefits. Employees who work less than
full time, but more than one thousand (1,000) hours a year, will be credited
vacation on a prorated basis. For the purposes of computing vacation accrual,
employment is considered to have commenced on the first day of assignment to
a position. The times during a calendar year at which an employee may take
vacation will be determined by the department head with due regard for the
wishes of the employee and particular regard for the needs of the service.
Regular employees who terminate employment will be paid for all vacation
accrued prior to the effective date of termination not to exceed the maximum
accrual amount as specified in the employee's MOU. Termination of employment
terminates continuity of service for vacation benefits.
10.3 Compensatory Time Off. Any employee in the classified service
may request compensatory time off for overtime worked at a rate of one and one
half the overtime hours worked. Accrual and use of compensatory time off in lieu
of overtime pay will be determined in accordance with the provisions of the
applicable Memoranda of Understanding.
10.4 Sick Leave. Sick Leave will be governed by the provisions below
unless otherwise determined through the meet and confer process and
memorialized in the applicable Memoranda of Understanding.
10.4.1 All probationary and regular employees in the
classified service will accrue sick leave on a biweekly basis at the rate of eight (8)
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Attachment A
hours for each continuous calendar month of service. Reduced-time probationary
and regular employees will accrue sick leave on a prorated basis. Accrued,
unused sick leave may be carried over to succeeding years, but will not be paid
out when an employee's employment with the City ends.
10.4.2 Employees may use sick leave: (1) to recuperate
from or receive treatment for their own injuries or illnesses; (2) to care for an
injured or ill family member; or (3) to attend the employee's own or a family
member's medical, dental, or optometry appointment.
For the purpose of these rules, the term "family
member" includes a spouse, domestic partner, child, sibling, parent, or
grandparent whether biological, foster, step, adopted, or in-law. It also includes
any person who has served in place of a parent to the employee, or any person
for whom the employee has served in place of a parent. The term "child" means
a biological, foster, or adopted child, a stepchild, a legal ward, a child of a
domestic partner, or a child of a person standing in loco parentis. The term
"parent" means a biological, foster, or adoptive parent, a stepparent, or a legal
guardian.
10.4.3 Any employee who is absent because of a personal
injury or illness or the injury or illness of a family member must notify the
employee's supervisor as early as practicable on the first day of the absence, or
as soon thereafter as possible. An employee who needs to be absent to attend a
medical, dental, or optometry appointment must have the absence approved in
advance by the employee's supervisor.
10.4.4 When the period of absence is for three consecutive
workdays or less, the City may accept the employee's justification as to the
reason for absence. If an absence is for more than three consecutive workdays
and/or if it is covered by workers' compensation, the pregnancy disability
provisions of the California Fair Employment and Housing Act, the California
Family Rights Act, or the federal Family and Medical Leave Act, the City may
require the employee to provide medical certification supporting the need for the
absence.
10.4.5 Time off to take a physical examination for induction
into or recall to active duty with the Armed Forces will be handled in accordance
with applicable state and federal law.
10.4.6 An employee making a blood donation without being
paid a fee will be given a reasonable time off for that purpose. No charge will be
made against the employee's sick leave or vacation when the absence is
approved in advance by the employee's supervisor.
10.4.7 Holidays occurring during sick leave will not be
counted as sick leave. Sick leave may not be used for vacation, nor
compensated for in cash, except as provided in section 10.6 below.
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 section 4850 of the
Labor Code (hereinafter '4850 benefits'). The City Manager may authorize use
of sick leave after 4850 benefits are exhausted for job related illness or injury if
he/she determines that:
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Attachment A
(a) The injury is not permanent and stationary.
(b) The use of sick leave will not extend the effective date
of the employee's retirement.
(c) The employee is disabled from the performance of
his/her duties and there is a reasonable probability he/she may return to work
within a reasonable amount of time.
10.5 Occupational Injuries or Illnesses.
10.5.1 A regular employee who is not covered by Section
4850 of the Labor Code and who is temporarily unable to work due to an
occupational injury or illness will receive full pay for the number of calendar days
as designated in the applicable Memoranda of Understanding. If the employee
continues to be temporarily unable to work after the designated number of days,
the employee will receive workers' compensation temporary disability payments
as provided in the Labor Code. To the extent that these benefits are less than
the employee's full regular pay, the employee must supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
10.5.2 A regular employee who is covered by Section 4850
of the Labor Code and who is temporarily unable to work due to an occupational
injury or illness will receive full pay for up to one year as provided in that section
("4850 benefits"). The employee may not receive 4850 benefits concurrently with
sick leave or any other form of paid time off.
If the employee continues to be unable to work after
the employee's 4850 benefits have been exhausted and the employee has not
retired, the employee will receive workers' compensation temporary disability
benefits as provided in the Labor Code. To the extent these benefits are less
than the employee's full regular pay, the employee must supplement them by
using accrued sick leave, vacation, and/or compensatory time to reach the
amount equal to the employee's full regular pay until the employee's leave
balances reach zero, at which time the employee would commence an unpaid
leave of absence.
10.5.3 Nothing in this section precludes the City from taking
appropriate action in the event of abuse of sick leave.
10.6 Sick Leave Conversion.
10.6.1 During the first pay period of each fiscal year, any
regular employee may convert sick leave time to vacation as determined through
the meet and confer process and memorialized in the applicable Memoranda of
Understanding.
10.6.2 Any regular employee applying for retirement with the
Public Employees' Retirement System may convert accrued and unused sick
leave to service time at the rate specified in California Government Code section
20965.
10.7 Military Leave of Absence. Unless as otherwise provided for in
local, state or federal law, military leave of absence will be governed by the
provisions set forth below.
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Attachment A
10.7.1 An employee who is a member of the reserve corps of
the Armed Forces of the United States or of the National Guard or the Naval
Militia and who is ordered to military duty for active military training, inactive duty
training, encampment, naval cruises, special exercises, or similar activities will be
granted a temporary military leave of absence for the period of ordered duty,
including the time going to and returning from that duty as provided for by state
and federal law.
10.7.2 An employee who has been in the service of City for
at least one year prior to the commencement of a leave of absence for inactive
duty training will receive full pay for the first fifteen (15) calendar days of the
leave.
10.7.3 An employee who has been in the service of City for
at least one year prior to the commencement of a leave of absence for other than
inactive duty training will receive full pay for the first thirty (30) calendar days of
the leave.
10.7.4 Notwithstanding sections 10.7.2 and 10.7.3 above, an
employee will not be paid for more than thirty (30) days of military leave in any
one (1) fiscal year.
10.7.5 For purposes of this section, in determining whether
an employee has been in the service of the City for at least one year, all service
by an employee in the Armed Forces of the United States or of the National
Guard or the Naval Militia that occurs during employment with the City will be
counted as City service.
10.8 Jury Duty. An employee who is called for jury duty will be granted a
leave of absence during the period of jury service. The City will continue to pay
employees their regular rates of pay during the leaves.
10.9 Leaves of Absence for Injuries or Illnesses. Upon written
request, the City Manager may grant a regular employee a leave of absence. If
approved, a copy of the request and the approval will be filed with the Human
Resources Department.
10.9.1 Occupational Injuries or Illnesses.
10.9.1.1 A regular employee who is covered by Section
4850 of the Labor Code and who is temporarily unable to work due to an
occupational injury or illness will receive full pay for up to one year as provided in
that section ("4850 benefits"). The employee may not receive 4850 benefits
concurrently with sick leave or any other form of paid time off.
If the employee continues to be unable to work
after the employee's 4850 benefits have been exhausted and the employee has
not retired, the employee will receive workers' compensation temporary disability
benefits as provided in the Labor Code. To the extent these benefits are less
than the employee's full regular pay, the employee must supplement them by
using accrued sick leave, vacation, and/or compensatory time to reach the
amount equal to the employee's full regular pay until the employee's leave
balances reach zero, at which time the employee would commence an unpaid
leave of absence.
10.9.1.2 A regular employee who is not covered by
Section 4850 of the Labor Code and who is temporarily unable to work due to an
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Attachment A
occupational injury or illness will receive full pay for the number of calendar days
as designated in the applicable Memoranda of Understanding. If the employee
continues to be temporarily unable to work after the designated number of_days,
the employee will receive workers' compensation temporary disability payments
as provided in the Labor Code. To the extent that these benefits are less than
the employee's full regular pay, the employee must supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
10.9.2 Non-Occupational Injuries or Illnesses.
10.9.2.1 A regular employee who is temporarily unable
to work due to a non-occupational illness or injury will receive those disability
benefit payments for which the employee is eligible and applies. To the extent
that these benefits are less than the employee's full regular pay, the employee
must supplement them by using accrued sick leave, vacation, and/or
compensatory time to reach the amount equal to the employee's full regular pay
until the employee's leave balances reach zero, at which time the employee
would commence an unpaid leave of absence.
10.9.2.2 Leaves of absence for pregnancy-related
disabilities will be handled in the same manner as leaves of absence for non-
occupational injuries or illnesses, subject to the pregnancy disability provisions of
the California Fair Employment and Housing Act.
10.9.3 Bereavement Leave. In the event of the death of an
employee's family member, Bereavement Leave for eligible employees will be
determined through the meet and confer process and memorialized in the
applicable Memoranda of Understanding. An employee who is absent because
of the death of a family member must notify the employee's supervisor as soon
as possible on the first day of the absence.
For the purpose of this section, the term "family member" includes a
spouse, domestic partner, child, sibling, parent, or grandparent whether
biological, foster, step, adopted, or in-law. It also includes any person who has
served in place of a parent to the employee, or any person for whom the
employee has served in place of a parent. The term "child" means a biological,
foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner,
or a child of a person standing in loco parentis. The term "parent" means a
biological, foster, or adoptive parent, a stepparent, or a legal guardian.
10.9.4 Unpaid Leave of Absence.
10.9.4.1 Prior to commencing an unpaid leave of
absence, the employee must exhaust all accrued vacation and compensatory
time and, if applicable, all accrued sick leave. Once the employee has been on
an unpaid leave of absence for two full pay periods, the employee will cease
accruing sick leave and vacation. In addition, the employee's vacation
anniversary date and salary anniversary date will be extended for each calendar
day the unpaid leave of absence extends beyond the first two full pay periods
unless otherwise prohibited by law. Accruals of sick leave and vacation will
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Attachment A
resume on the first day of the first full pay period after the employee has returned
to work.
10.9.4.2 To the extent permitted by law, upon notice to
the employee by the City, a leave of absence under this article will run
concurrently with any leave of absence an employee is entitled to receive under
the California Family Rights Act or the federal Family and Medical Leave Act
10.9.4.3 Failure of an employee to promptly return to
work at the conclusion of an unpaid leave of absence, or within a reasonable
time after notice to return to duty, will be cause for discharge.
10.10 Hours of Operation. The City will determine the hours of operation
and appropriate staffing levels necessary to achieve its mission, vision, values,
goals and objectives. The hours of operations and staffing levels may vary by
facility, major service area, and/or department.
10.11 Other Employment. No City employee is permitted to have outside
employment that is inconsistent or incompatible with City employment. An
employee who desires to have outside employment must first obtain written
approval from the employee's department head and the City Manager on a form
provided by the Human Resources Department.
10.12 Attendance. Employees must be in attendance in their work in
accordance with the rules regarding hours of work, holidays, and leaves. All
departments will keep daily attendance records, which will be reported to the
Finance Department in the form and on the dates prescribed by the Finance
Department.
10.13 Holidays. Municipal offices will be closed on days designated as
holidays by City Council resolution.
When a City Council authorized holiday falls on Sunday, the holiday
will be observed on the following Monday. When a City Council authorized
holiday falls on Saturday, the holiday will be observed on the preceding Friday.
Employees will receive holiday pay in accordance with the provisions of the
applicable Memoranda of Understanding.
10.14 Overtime.
10.14.1 Application. Any full-time employee in the classified
service renders service beyond the employee's normal work week (or work
period, if applicable) will be paid overtime pay for the additional service at one
and one-half times the employee's regular hourly rate as determined by the
FLSA. Reduced time regular employees will be paid overtime for hours worked
in excess of forty (40) in a work week. Overtime pay will be included in the
paycheck for the pay period in which the overtime service was performed.
Accrual and use of compensatory time off in lieu of overtime pay will be
determined in accordance with the provisions of the applicable Memoranda of
Understanding.
10.14.2 Administration of Overtime. The smallest unit of time
credited as overtime will be one-quarter (1/4) hour for any pay period. Overtime
worked that is less than one-quarter (1/4) hour during a pay period will be
disregarded and may not be accumulated except for calculating whole hours
within the pay period. The department head will report all overtime or
compensatory time on Finance Department time and pay records.
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Attachment A
11. CHANGES IN EMPLOYMENT STATUS
11.1 Changes in Employment Status. Changes in employment status will
be governed by the provisions below unless otherwise provided through the meet
and confer process and memorialized in the applicable Memoranda of
Understanding.
11.2 Transfer. After notice to the City Manager and the Human
Resources Director, an employee may be transferred by the appointing authority
at any time from one position to another position in the same or comparable
classification. If the transfer involves a change from one department to another,
both departments must consent to the transfer unless the City Manager orders
the transfer for purposes of economy or efficiency. A transfer may not be used to
effectuate a promotion, demotion, advancement, discipline, or a reduction in pay,
each of which may be accomplished only as provided in the Personnel
Ordinance and in these rules or the applicable Memoranda of Understanding. No
person will be transferred to a position for which the person does not possess the
minimum qualifications.
11.3 Promotion. Insofar as practicable and consistent with the best
interest of the service, all vacancies in the classified service will be filled by
promotion from within after a promotional examination has been given and a
promotional list established. If, in the opinion of the appointing authority, the
needs of the City require it, a vacancy may be filled by open-competitive
examination instead of a closed promotional examination.
11.4 Demotion. The appointing authority may demote an employee
whose ability to perform required duties falls below standard, for disciplinary
purposes, or in lieu of layoff. In addition, demotion to a vacant position may be
made at an employee's request, with the consent of the prospective supervisor.
No employee will be demoted to a position for which the employee does not
possess the minimum qualifications. Written notice of the demotion will be given
to the employee before the effective date of demotion, and a copy of the notice
will be filed with the Human Resources Director.
11.5 Suspension. The appointing authority may suspend an employee
without pay, or reduce the pay of an employee in lieu of a suspension without
pay, for discipline or for other just cause. Suspension without pay may not
exceed thirty (30) days in any instance. A suspension without pay, or a reduction
in pay in lieu of a suspension without pay, must be reported immediately to the
Human Resources Director by the appointing authority.
11.6 Reinstatement. With the approval of the appointing authority, an
employee who has resigned with a good record may be reinstated within two
years to a vacant position in the same or comparable classification. Upon
reinstatement, the employee will, for all purposes be considered as an original
appointee.
11.7 Discharge. The appointing authority may discharge an employee
for disciplinary purposes or for other just cause after notifying and consulting with
the Human Resources Department.
11.8 Reductions in Force.
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Attachment A
11.8.1 Notice to Affected Employees. The appointing
authority may lay off an employee in the classified service because of material
change in duties or organization or shortage of work and funds. Except as
otherwise required by federal or state law applicable to reductions in force, at
least ten (10) business days prior to the effective date of a reduction in force, the
appointing authority will notify the Human Resources Director of the intended
action and provide a written statement certifying whether or not the services of
the employee have been satisfactory. A copy of such notice will be given the
employee affected. If certified as having given satisfactory service, the name of
the employee laid off will be placed on the appropriate reemployment list as
provided by these rules.
11.8.2 Reduction in Force Procedures. The following
procedures will apply to all probationary and regular city employees in the event
of a reduction in the City work force.
11.8.2.1 Definitions. The following definitions apply to
these procedures:
11.8.2.1.1 "City Service Seniority" means the
period of total continuous service with the City as measured from the date of
original appointment.
11.8.2.1.2 "Classification Seniority" means the
period of total continuous service of an employee in the present classification as
measured from the date of appointment to that classification.
11.8.3 Reduction in Force - Layoff. Whenever there is a
reduction in the force, the City will layoff employees within a classification
according to City service seniority. Employees with the least continuous City
service within a classification will be laid off first.
11.8.4 Reduction in Force - Demotion. Whenever there is a
reduction in force and demotion of employees becomes necessary, the City will
determine among those employees scheduled to be laid off, those employees
with the greatest length of continuous City service. The employee will be
demoted to any classification for which he/she has been determined to be
currently qualified and in which a vacancy exists. An employee may refuse to
accept a demotion and accept layoff without jeopardizing reemployment rights
otherwise provided for in this procedure.
11.8.5 Notification. Except as otherwise required by state or
federal law applicable to reductions in force, whenever there is a reduction in
force, the City will send written notice to the last known address of each
employee affected by a layoff. The notice will include the (1) reason for layoff,
(2) classifications to which the employee may demote within the City, if any, (3)
effective date of action, (4) conditions governing retention on and reinstatement
from reemployment lists, and (5) rules regarding waiver of reinstatement and
voluntary withdrawal from reemployment lists.
11.8.6 Determining Length of Seniority. In determining
continuous City service seniority, all uninterrupted employment from the
employee's original date of hire, including periods of authorized paid leaves of
absence or other authorized leave pursuant to state or federal law, and all
periods of time served as a limited term employee, but excluding periods of
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Attachment A
unauthorized leaves of absence in excess of two pay periods, will be counted as
continuous City service seniority.
11.8.7 Order of Reduction in Force. In a reduction in force
the following order of layoffs will be followed: (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 classification series;
(3) City probationary employees in reverse order of their classification seniority in
the affected classification series; (4) should there be need for further reduction,
regular employees in the affected classification series will be given the
opportunity to accept or refuse demotion as previously described in subsection
11.8.4 in reverse order of their classification seniority; (5) should a reduction in
force still be necessary, regular employees will be laid off in reverse order of their
classification seniority.
11.8.8 Determining Order of Layoff and Demotion for
Employees with Identical Seniority. Should two or more employees have
identical seniority, the order of layoff and demotion will be determined by lottery.
11.8.9 Transfer. All effort will be made by the City to transfer
any employee who is to be affected by a reduction in force to another vacant
position for which the employee may qualify.
11.8.10 Order and Method of Demotion Pursuant to a
Reduction in Force - Bumping. When required due to a reduction in force,
employees will be demoted in the following manner:
11.8.10.1 Employees who are demoted, who have held
regular status in a lower classification will have the right to bump employees of
lesser City service seniority in that lower classification.
11.8.10.2 Employees who have not actually held status
in a lower classification will be allowed to demote to a vacant position or to a
position held by a City probationary employee in a lower classification, if qualified
for the lower classification, but may not bump regular City employees already in
the lower classification.
11.8.11 Reinstatement of Employees Demoted as a Result of
a Reduction in Work Force. Employees who are demoted as a result of a
reduction in force will have their names placed on a reinstatement list, in the
order of their City service seniority. Vacant positions in which an employee has
served within a classification series will first be offered to employees on this list.
11.8.12 Reemplovment of Employees Laid Off as a Result of
a Reduction in Force. Employees who are laid off and who held regular City
status at the time of layoff will have their names placed on a reemployment list
for classifications at the same or lower salary range for which they qualify in the
order of their classification seniority. Vacant positions in the classifications will be
offered to eligibles on the reemployment list who qualify for the vacancies prior to
an open or promotional recruitment.
11.8.13 Duration of Reinstatement and Reemplovment Lists.
The eligibility of individuals on the reinstatement and reemployment lists will
extend for a period of two (2) years from the date of demotion or layoff. Eligibles
not responding to written notification of an opening after ten (10) business days
will have their names removed from the lists.
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Attachment A
11.8.14 Restoration of Benefits. Upon Reemployment
Following, a Reduction in Force. Upon reemployment following a reduction in
force, an individual will have the following benefits restored:
(a) Prior sick leave accruals.
(b) City service seniority at time of layoff for purposes of
determining merit or step increases, vacation accruals and future reduction in
force.
(c) The rate of pay of an employee who is re-employed
will be based on the pay plan in effect at the time of reemployment. If the
employee chooses to be reemployed in a classification which has a pay range
lower than the classification from which the employee was laid off, then the rate
of pay will be at the "E" step in the pay range for the lower classification..
11.8.15 Payoff of Accruals Upon Layoff. Laid off employees
are to be paid for all accrued holiday, vacation, compensatory time and overtime
when separated as a result of a layoff. The sick leave accruals of the employee
will remain on the books and will be reinstated if the employee is reappointed
within two years form the date of layoff.
11.8.16 Retirement Contribution. The disposition of the
reemployment contributions of a laid off employee will be governed by the
provisions of the California Public Employees' Retirement Law (California
Government Code sections 20000 et seq.).
11.9 Resignations. An employee wishing to leave the City's service in
good standing will submit a written resignation to the appointing authority stating
the effective date and reasons for leaving. The resignation should be submitted
at least two weeks before leaving the service, unless the time limit is waived by
the appointing authority. The resignation will be forwarded to the Human
Resources Department. Failure to give notice as set forth by this rule may be
cause for denying future employment with the City.
12. GRIEVANCE PROCEDURES
12.1 Purpose. The purposes of the Grievance Procedure of the City of
Carlsbad are:
(a) To promote improved employer-employee relations by
establishing grievance procedures on matters for which appeal or hearing is not
provided by other regulations.
(b) To assure fair and equitable treatment of all employees and
promote harmonious relations among employees, supervisors and management.
(c) To encourage the settlement of disagreements informally at
the employee-supervisor level and provide an orderly procedure for handling
grievances throughout the several supervisory levels where necessary.
(d) To provide that grievance meetings will be conducted as
informally as possible.
(e) To resolve grievances as quickly as possible and correct, if
possible, the cause of grievances, thereby reducing the number of grievances
and future similar complaints.
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Attachment A
(f) This grievance procedure is applicable to classified
employees in each department of the City of Carlsbad, unless superseded by a
Memorandum of Understanding.
12.2 Reviewable and Nonreviewable Grievances.
12.2.1 To be reviewable under this procedure, a grievance
must:
(a) Concern matters or incidents that have occurred.
(b) Result from an act or omission by management
regarding working conditions or other matters over which the head of the
department has control.
(c) Arise out of a specific situation, act or acts considered
to be unfair which result in inequity or damage to the employee.
(d) Arise out of an interpretation and application of the
Personnel Rules and Regulations or an applicable Memoranda of Understanding.
12.2.2 A grievance is not reviewable under this procedure if:
(a) It is a matter which would require the modification of a
policy established by the City Council or by law.
(b) It is reviewable under some other administrative
procedure and/or rules of the City of Carlsbad, such as:
(i) Applications for changes in title, job
classifications or salary.
(ii) Appeals from formal disciplinary proceedings.
(iii) Appeals from work performance evaluations.
(iv) Items identified in these rules or in an
applicable Memoranda of Understanding as nongrievable.
12.3 Special Grievance Procedure Provisions. The following special
provisions apply to the grievance procedure.
12.3.1 Procedure for Presentation. In presenting a
grievance, an employee must follow the sequence and the procedure outlined in
subsection 12.4 below.
12.3.2 Prompt Presentation. The employee will discuss the
grievance with an immediate supervisor promptly after (i.e., when the employee
knew or should have known) the act or omission of management causing the
grievance.
12.3.3 Prescribed Form. The written grievance will be
submitted on a form prescribed by the Human Resources Director for this
purpose.
12.3.4 Statement of Grievance. The grievance will contain a
statement of:
(a) The specific situation, act or acts considered to be
unfair and the reasons why.
(b) The inequity or damage suffered by the employee.
(c) The relief sought.
12.3.5 Employee Representative. The employee may
choose a representative at any step in the procedure. The person hearing the
grievance need not allow more than one employee representative for any step in
the grievance process, unless the person hearing the grievance so desires.
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Attachment A
12.3.6 Interested Parties. There will be no limit placed upon
the number of interested parties who may provide information during the hearing
of a grievance at any step of the grievance procedure.
12.3.7 Handled During Working Hours. Whenever possible,
grievances will be handled during the regularly scheduled working hours of the
parties involved.
12.3.8 Extension of Time. The time limits within which action
must be taken or a decision made as specified in this procedure may be
extended by mutual written consent of the parties involved. A statement of the
duration of the extension of time must be signed by both parties involved at the
step to be extended.
12.3.9 Consolidation of Grievances. If the grievance involves
a group of employees or if a number of employees file separate grievances on
the same matter, the grievances will be handled as a single grievance.
12.3.10 Settlement. Any grievance will be considered settled
at the completion of any step if all parties are satisfied or if neither party presents
the matter to a higher authority within the prescribed time.
12.3.11 Reprisal. The grievance procedure is intended to
assure a grieving employee the right to present a grievance without fear of
disciplinary action or reprisal, provided the provisions of the grievance procedure
are observed. Copies of grievance forms will not be placed in employee
personnel records but will be maintained in separate files in the Human
Resources Department.
12.4 Grievance Procedure Steps. The procedural steps for submitting
a grievance for consideration and action are set forth in the applicable
Memoranda of Understanding.
13. TRAINING AND EDUCATION BENEFITS
13.1 Training and Education.
13.1.1 Responsibility for Training. The city encourages
training programs for employees. Responsibility for developing training programs
for employees will be assumed jointly by the Human Resources Director and
department heads. These training programs may include lecture courses,
demonstrations, assignments of reading matter, or other available methods for
improving the effectiveness and broadening the knowledge of municipal officers
and employees in the performance of their respective duties.
13.1.2 Credit for Training. Participation in and successful
completion of special training courses may be considered in making
advancement and promotions. Evidence of this activity must be filed by the
employee with the Human Resources Director.
13.2 Employee Education and Tuition Reimbursement.. Employee
education and tuition reimbursement will be determined in accordance with
Administrative Order 60.
14. REPORTS AND RECORDS
14.1 Roster Cards. The Human Resources Director will maintain a
record for each employee in the service of the City showing the name, title of
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Attachment A
position held, the department to which assigned, salary, changes in employment
status, and such other information as may be considered pertinent.
14.2 Change of Status Report. Every appointment, transfer, promotion,
demotion, change in status of employees must be reported in writing to the
Human Resources Director.
15. RULES OF APPEAL TO HEARING OFFICER
15.1 Right of Appeal. Any employee in the classified service will have
the right to appeal to a hearing officer those disciplinary actions and grievance
decisions as provided in the applicable Memorandum of Understanding.
15.2 Method of Appeal and Procedures for Personnel Hearings. The
method of appeal and the procedures for personnel hearings will be consistent
with Administrative Order No. 70 and the applicable Memorandum of
Understanding.
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ATTACHMENT B
PERSONNEL RULES AND REGULATIONS
TABLE OF CONTENTS
PURPOSE Page 2
1. PURPOSE AND DEFINITIONS Page 2
2. GENERAL PROVISIONS Page 4
3. CLASSIFICATION Page 5
4. PAYBENEFITS Page 6
5. APPLICATIONS AND APPLICANTS Page 8
6. EXAMINATIONS Page 8
7. EMPLOYMENT LISTS Page 9
8. METHOD OF FILLING VACANCIES Page 10
9. PROBATIONARY PERIOD Page 11
10. ATTENDANCE AND LEAVES Page 12
11. CHANGES IN EMPLOYMENT STATUS Page 17
12. GRIEVANCE PROCEDURES Page 21
13. TRAINING AND EDUCATION BENEFITS Page 23
14. REPORTS AND RECORDS Page 23
15. RULES OF APPEAL TO HEARING OFFICER Page 24
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ATTACHMENT B
PERSONNEL RULES AND REGULATIONS
Purpose:
The objectives of these rules are to facilitate the delivery of top quality
service to the public and to provide for a fair and equitable merit system of
personnel management. They implement the Personnel Ordinance by setting
forth in detail those procedures that ensure comparable treatment for those who
compete for employment and promotion. In addition, in the absence of an
applicable provision in a Memorandum of Understanding (MOU) between the
City and an exclusively recognized employee organization, these rules define the
obligations, rights, privileges, benefits, and prohibitions placed upon all
employees in the classified service.
These rules are supplemented by City Council policies, City Manager
Administrative Orders, and Department Directives. The City Manager, as the
City's personnel officer, is responsible for administering and interpreting these
rules and supplemental policies, orders, and directives in a manner consistent
with applicable local, state, and federal law.
I. PURPOSE AND DEFINITIONS
1.1 Definitions:
The following terms when in these rules mean the following:
1.1.1 "Advancement" means a salary increase of one or more
steps within the limits of the pay range established for a
classification.
1.1.2 "Allocation" means the assignment of a position to a
classification and pay range based on the duties,
responsibilities, and discretion of the position.
1.1.3 "Appointing Authority" means the City Manager and other
employees of the City who have designated power under the
Carlsbad Municipal Code to appoint, discipline, and
discharge employees.
1.1.4 "City Manager" means the City Manager or duly authorized
representatives. To aid in administration, duly authorized
representatives, such as the Human Resources Director,
have been identified where appropriate throughout these
rules. The identification of a duly authorized representative
in these rules does not preclude the City Manager from
authorizing different or additional representatives when the
City Manager determines it is necessary to do so in order to
accomplish the purposes of these rules.
1.1.5 "Classification" means all positions sufficiently similar in
duties, authorities and responsibilities to permit grouping
under a common title and the application of common
standards of selection, transfer, promotion, and pay.
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ATTACHMENT B
1.1.6 "Classified Service" means all positions and employees
except those excluded by Chapter 2.44, section 2.44.030, of
the Carlsbad Municipal Code.
1.1.7 "Demotion" means the movement of an employee from one
classification to another classification having a lower
maximum rate of pay.
1.1.8 "Department" means an office, department or institution of
the City.
1.1.9 "Department Head" means the chief executive officer of a
department.
1.1.10 "Eligible" means a person whose name is on an employment
list.
1.1.11 "Employment List" means a list of names of persons who
have taken an examination for a classification and have
qualified for employment in that classification.
1.1.12 "Examination" means an examination for a particular
classification.
1.1.13 "Hourly Employee" means an employee who does not hold
a budgeted/authorized position and who works less than
1,000 hours in any one fiscal year. Hourly employees are
not included in the classified service.
1.1.14 "Limited Term Employee" means a regular employee who
has been retained in the classified service who has
successfully completed probation and has been retained for
a defined period of time.
1.1.15 "Limited Term Position" means a position authorized by the
City Council and anticipated to last for a defined period of
time.
1.1.16 "Merit Service" means all positions and employees except
those excluded by Chapter 2.44, section 2.44.030, of the
Carlsbad Municipal Code.
1.1.17 "Personnel Ordinance" means Chapter 2.44 of the Carlsbad
Municipal Code.
1.1.18 "Probationary Period" means a working test period during
which an employee is required to demonstrate fitness for the
duties to which the employee is appointed by actual
performance of the duties of the position in a manner
acceptable to the appointing authority.
1.1.19 "Promotion" means the movement of an employee from one
classification to another classification having a higher
maximum rate of pay.
1.1.20 "Provisional Appointment" means the appointment of a
person holding a regular position that possesses the
minimum qualifications established for a particular
classification and who has been temporarily appointed to a
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ATTACHMENT B
position in that classification in the absence of available
eligibles.
1.1.21 "Reallocation" means movement of an existing classification
and/or position from one pay range to another. Budgeted
reallocations or reallocations with no fiscal impact may be
authorized by the City Manager. All other reallocations must
be authorized by the City Council.
1.1.22 "Reclassification" means a change in the allocation of a
position by placing it in a higher existing classification, a
lower existing classification, or a comparable existing
classification based on substantial changes in the kind,
difficulty, and/or scope of duties performed in the position.
Budgeted reclassifications or reclassifications with no fiscal
impact may be authorized by the City Manager. All other
reclassifications must be authorized by the City Council.
1.1.23 "Reduced-Time Regular Employee" means a regular
employee who works less than full-time.
1.1.24 "Reduction in Pay" means a salary decrease within the limits
of the pay range established for a classification.
1.1.25 "Regular Employee" means an employee in the classified
service who has successfully completed probation and has
been retained as provided for in these rules.
1.1.26 "Regular Position" means a position authorized by the City
Council and anticipated to last for an indefinite period of
time.
1.1.27 "Reinstatement": means the reemployment without
examination of a former regular or probationary employee.
1.1.28 "Rejection" means the separation of an employee from the
service during the employee's probationary period.
1.1.29 "Suspension" means the temporary separation from the
service of an employee without pay, for disciplinary
purposes.
1.1.30 "Temporary Position" means a full-time or part-time position
of limited duration that has been authorized by the City
Council. Temporary positions are not included in the
classified service.
1.1.31 "Transfer" means a change of an employee from one
position to another position in the same classification or
another classification having essentially the same maximum
salary limits, involving the performance of similar duties and
requiring substantially the same basic qualifications.
2. GENERAL PROVISIONS
2.1 Fair Employment. The City is committed to maintaining a
respectful workplace and to providing equal employment opportunity to all
applicants and employees regardless of race, sex, religious creed, color, national
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ATTACHMENT B
origin or ancestry, physical or mental disability, medical condition, marital status,
veteran's status, age, or sexual orientation. For additional information, refer to
Administrative Order No. 45.
2.2 Political Activity. The political activities of City employees must
conform to the pertinent provisions of state law.
2.3 Meet and Confer. The City Manager will negotiate those matters
which are subject to the "meet and confer" process as specified in Government
Code sections 3500 et seq. (also known as the Meyers-Milias-Brown Act or the
MMBA). For additional information, refer to Chapter 2.48 of the Carlsbad
Municipal Code and the City's Employer-Employee Relations Rules and
Regulations.
2.4 Violation of Rules. Violation of the provisions of these rules will be
grounds for suspension, reduction in pay, demotion, rejection, and dismissal, or
other disciplinary action.
2.5 Amendment and Revision of Rules. Recommendations for
amendments and revisions of these rules may be made by the City Manager.
The City Council will consider the proposed amendments and revisions at a duly
noticed public meeting. Prior to the City Council's consideration of the proposed
amendments and revisions, the City Manager will provide affected employee
organizations with written notice of the proposed amendments and revisions and
an opportunity to meet and confer (or, where applicable, meet and consult) as to
those matters that are within the scope of representation as defined by the
Meyers-Milias-Brown Act. Amendments and revisions will become effective upon
their adoption by the City Council.
3. CLASSIFICATION
3.1 Preparation of Classification Plan. All regular positions in the
classified service will be grouped into classifications and designated salary
ranges by resolution of the City Council. Each classification will include those
positions sufficiently similar in duties and responsibilities to require similar
standards of education, experience, knowledge, skills, and abilities. The Human
Resources Director will be responsible for preparing and maintaining
classification specifications for all positions. The specifications will include,
without limitation, a list of typical duties, and a statement of the minimum
qualifications required for appointment. All classification specifications will
describe duties which employees occupying positions in the classification may be
required to perform and will also include a statement that employees are not
precluded from being assigned other duties that are not listed on the
classification specification. Classification specifications are illustrative rather
than exhaustive. The listing of particular tasks does not preclude the assignment
of other tasks of related kind or character, or requiring lesser skills.
3.2 Adoption of Classification Plan. Before the classification plan or
any part of it will become effective, it must first be approved in whole or in part by
resolution of the City Council at a public meeting. Prior to submission of the
classification plan to the City Council for consideration, the City Manager will
provide affected employee organizations with written notice of the plan
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ATTACHMENT B
components and an opportunity to meet and confer (or, where applicable, meet
and consult) as to those matters that are within the scope of representation as
defined by the MMBA. Upon adoption by the City Council, by resolution, the
provisions of the classification plan will be observed in the handling of applicable
personnel actions and activities.
3.3 Administration and Maintenance of Classification Plan. The City
Manager will be responsible for administration and maintenance of the
classification plan. Periodically, the City Manager will review the classification
plan to ensure that it accurately reflects the duties and responsibilities of the
positions covered by it. The City Manager is authorized to make any
amendments or revisions to the classification plan that are budgeted or will not
result in a fiscal impact. All other amendments or revisions must be submitted to
the City Council for approval in the same manner described in section 3.2 above.
3.4 New Classifications. When a new classification is created, no
person may be appointed to fill a position in that classification until the
classification plan has been amended to include it. After the classification has
been included in the classification plan, positions in the classification will be filled
in accordance with these rules.
3.5 Reclassification. Positions, the duties of which have changed
materially so as to necessitate a reclassification, will be allocated to a more
appropriate classification, whether new or existing. An employee in a position
that is reclassified may be directly appointed to the reclassified position if the City
Manager determines that the employee is currently satisfactorily performing a
substantial amount of the duties and responsibilities of the reclassified position
and meets the minimum qualifications for the position. Reclassification may not
be used for the purpose of avoiding limitations surrounding demotions and
promotions.
4. PAY AND BENEFITS
4.1 Preparation of Pay Plan. The Human Resources Director will
prepare a pay plan covering all classifications in the classified service, showing
the minimum and maximum rates of pay. In determining the pay ranges, the
Human Resources Director will consider the prevailing rates of pay for
comparable work in other public agencies and in private employment as well as
the existing differences in the duties and responsibilities as set forth in the
classification plan. No position may be assigned a rate of pay higher than the
maximum or lower than the minimum rate of pay provided for that position's
classification.
4.2 Adoption of Plan. The Human Resources Director will submit the
proposed pay plan to the City Council for approval and adoption. After the pay
plan has been approved and adopted, the Human Resources Director will
periodically conduct further studies to determine if the pay ranges in the pay plan
remain appropriate. If the studies indicate that an amendment to the pay plan is
necessary, the Human Resources Director will submit the amended pay plan to
the City Council for approval and adoption. The Council will adopt or amend and
adopt the proposed plan.
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ATTACHMENT B
4.3 Application of Rates.
4.3.1 Employees occupying a position in the classified service will
be paid at a rate within the pay range established in the pay plan for that
position's classification. Newly hired employees will be started at the minimum
rate of pay for their position's classification unless the City Manager determines
that qualified applicants are not available at the minimum rate of pay or that an
applicant has special qualifications that justify a higher rate of pay.
4.3.2 A transfer will not affect an employee's rate of pay.
4.3.3 Employees reemployed after layoff will receive a rate of pay
within the pay range established for the classification of the position in which they
are reemployed.
4.4 Advancement Within a Pay Range. Employees will be considered
for pay adjustments within the pay ranges for their respective positions in
accordance with the following schedule:
(a) Step B - at the satisfactory completion of the probationary
period in Step A.
(b) Step C - at the satisfactory completion of one year of service
in Step B.
(c) Step D - at the satisfactory completion of one year of service
in Step C.
(d) Step E - at the satisfactory completion of one year of service
in Step D.
Advancements to Step B through E will be approved by the City
Manager following approval by the Human Resources Director and the
employee's manager. Any non-probationary employee may be advanced to the
next higher step in the pay range regardless of the length of time served at the
employee's present step. This advancement requires the written
recommendation of the employee's manager and the approval of the employee's
department head and the City Manager.
4.5 Promotion or Advancement in Rate of Pay. When an employee is
promoted, the employee will be advanced to the lowest step in the higher range
which will provide at least one step increase in pay, except that the employee
cannot be advanced beyond the highest step in the higher pay range.
4.6 Out of Classification Compensation. Fire safety employees are
authorized out of classification compensation of a minimum of five percent (5%)
above a member's existing salary for each occasion the member is employed out
of classification; such compensation to commence following the first four hours of
employment out of classification. Assignment of employees to out of
classification service will be at the sole discretion of the Fire Chief. Other
classified employees out of classification compensation, if applicable, will be
governed by the employee's MOU.
4.7 Deferred Compensation. The City will provide for a Deferred
Compensation Plan in which the employees will have the option to participate.
The City reserves the right to accept or reject any particular plan administrator or
plan feature and to impose specific conditions upon participation in the plan.
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ATTACHMENT B
Benefits under such plans will be determined through the meet and confer
process and memorialized in the applicable Memoranda of Understanding.
4.8 Compensation Procedure All employees will submit a time sheet
listing the total number of normal and approved overtime hours worked at the
end of each pay period to their supervisor. The time sheet will indicate any
absences and type or designation of absence. Absences, suspensions, etc., for
which no payment has been authorized will be deducted from the normal
biweekly salary on the basis of 26 pay periods per year. Similarly, salary for
working periods of less than normal, as in the case of new employees,
terminated employees, leaves of absence without pay, etc., will be computed on
the basis of the biweekly or hourly rate less the number of working days of
absence.
5. APPLICATIONS AND APPLICANTS
5.1 Announcements. All examinations for classifications in the
classified service will be publicized by posting announcements on official bulletin
boards and by any other methods the Human Resources Director deems
advisable. The announcements will specify the title and pay of the classification
for which the examination is announced; the nature of the work to be performed;
the qualifications for the performance of the work of the classification; the manner
of applying; and other pertinent information.
5.2 Application Forms. Applications must be made on forms provided
by the Human Resources Department. The forms will require the applicants to
provide information regarding their training and experience as well as other
pertinent information.
5.3 Disqualification. The Human Resources Director will reject any
application that contains false or misleading statements, that indicates the
applicant does not possess the qualifications required for the position, or that
indicates the applicant is not authorized to work in the United States.
Applications may also be rejected for other reasons permitted by local, state,
and/or federal law.
6. EXAMINATIONS
6.1 General Nature and Types of Examinations. The following three
types of examinations may be used by the City to establish employment lists:
6.1.1 Open-Competitive Examination, which is an examination for
a particular classification that is open to all persons meeting the prerequisites for
the classification.
6.1.2 Continuous Examination, which is an open-competitive
examination that is open continuously, allowing new individuals to be added to an
applicable employment list on an ongoing basis.
6.1.3 Promotion Examination, which is an examination for a
particular classification that is open ef^ly-to all_current regular or probationary
employees who meet the prerequisites for the classification.
Examinations of ability to perform job related duties may include
oral, written, performance, physical/mental fitness, and training/experience
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ATTACHMENT B
evaluations. In addition, evaluations of past work performance, work samples,
personal interviews, and background investigations may be used in the
examination process. Examinations will be based on merit and designed to
provide equal opportunity to all applicants by being based on an analysis of the
essential job-related requirements for the classification and covering only factors
relating to these requirements.
6.2 Conduct of Examination. Based on the needs of the service, the
Human Resources Director will determine when and what type of examination
will be conducted, whether open-competitive, continuous, or promotional. The
Human Resources Director is also responsible for administering the examination
process, including determining the method and manner of conducting
examinations.
6.3 Scoring Examinations and Rating Applicants. A candidate's
eligibility will be determined based on all elements of the examination process.
Upon completion of the examination process, candidates will be rated as either
"highly qualified," "qualified," "satisfactory," or "unsatisfactory." Candidates rated
as "unsatisfactory" will not be placed on the employment list for the classification
for which the examination was conducted.
6.4 Notification of Examination Results and Review of Papers.
Applicants taking an examination, if successful, will be given written confirmation
of their eligibility. Applicants will have the opportunity to inspect their own
examination papers within five (5) business days after the notices of examination
results are mailed. Any error in computation, if called to the attention of the
Human Resources Director within this period and confirmed, will be corrected.
The correction will not, however, invalidate any appointments previously made.
7. EMPLOYMENT LISTS
7.1 Employment Lists. As soon as possible after the completion of an
examination, the Human Resources Director will prepare and keep available an
employment list consisting of the names of applicants who qualified in the
examination. The final examination result will be determined by the total of the
scores received by each applicant during the examination process, based upon
the relative value assigned to each part of the examination before the
examination is given.
There are two types of employment lists:
7.1.1 An open-competitive list, which is a list of names of persons
who have taken an open-competitive or continuous examination for a
classification and are eligible for employment in that classification because they
received a rating of "highly qualified," "qualified," or "satisfactory" during the
examination process. Regular employees will receive preference when the
rating, eligibility and specific qualifications of other persons are the same.
7.1.2 A promotional employment list, which is a list of names of
employees who have taken a promotional examination for a classification and
are eligible for promotion or transfer to that classification because they received a
rating of "highly qualified," "qualified," or "satisfactory" during the examination
2/9/201(
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ATTACHMENT B
process. Regular employees will receive preference when the rating, eligibility
and specific qualifications of other persons are the same.
7.2 Duration of Lists.
7.2.1 Promotional employment lists will remain in effect for one
year, unless sooner exhausted. The Human Resources Director may extend the
duration of the list for up to one (1) additional year.
7.2.2 Open-employment lists, except those for which the City
conducts continuous examinations, will remain in effect for up to one (1) year,
unless sooner exhausted.
7.2.3 In the case of open employment lists for classifications for
which the City conducts continuous examinations, new names will be merged
with existing names according to rating band and eligible candidates will remain
on the list for not more than one (1) year.
7.3 Reemployment Lists. The names of probationary and regular
employees who have been laid off will be placed on appropriate reemployment
lists in the order of their seniority. The names will remain on the lists for one (1)
year, unless they are reemployed before then. When a reemployment list is to
be used to fill vacancies, the Human Resources Director will certify from the top
of the list the number of names equal to the number of vacancies to be filled, and
the appointing authority will appoint these persons to fill the vacancies.
7.4 Removal of Names From List. The name of any person appearing
on an employment, reemployment, or promotional list will be removed by the
Human Resources Director if the person requests removal, if the person fails to
respond to a notice mailed to the person's last known address, or for any other
reason permitted by these rules or by local, state, or federal law. In the latter
instance, the person will be notified of the removal by a notice mailed to the
person's last known address. The names of persons on promotional employment
lists who resign from the classified service will automatically be dropped from
these lists.
8. METHOD OF FILLING VACANCIES
8.1 Types of Appointment. All vacancies in the classified service will
be filled by reemployment, transfer, demotion, or from eligibles certified by the
Human Resources Director from an appropriate employment or promotional list.
Regular employees will receive preference when the rating, eligibility and specific
qualifications of other persons are the same. In the absence of persons eligible
for appointment in these ways, provisional appointments may be permitted in
accordance with the Personnel Ordinance and these rules.
8.2 Notice to Human Resources Director. Whenever a vacancy in the
classified service is to be filled, the appointing authority will notify the Human
Resources Director. The Human Resources Director will advise the appointing
authority as to the availability of employees for reemployment, requested
transfers, or demotion, and of eligibles on employment or promotional lists for the
| classification.
8.3 Certification of Eliqibles. The appointing authority will indicate their
desire to fill the vacancy by reemployment, transfer, or demotion, or from a
Page 10 of 24
31
ATTACHMENT B
promotional or employment list. If appointment is to be made from an
employment or promotional list, the names of all persons eligible for appointment
will be certified.
8.4 Order of Certification. Whenever certification is to be made, the
employment lists, if each exists, will be used in the following order: reemployment
list, promotional list, open-competitive list. Whenever there are fewer than three
names on a promotional list or an open-competitive list, the appointing authority
may make an appointment from among these eligibles or may request that the
Human Resources Director hold a new examination and establish a new
employment list.
8.5 Appointment. After interview and investigation, the appointing
authority will make appointments from among those certified and will immediately
notify the Human Resources Director of the person or persons appointed. The
Human Resources Director will then notify the person appointed. If the person
accepts the appointment and appears for duty within the time specified by the
appointing authority, the person will be considered appointed; otherwise, the
person will be considered to have declined the appointment.
8.6 Provisional Appointments. In the absence of appropriate
employment lists, a provisional appointment of a person meeting the minimum
training and experience qualifications for the position may be made by the
appointing authority. An employment list will be established within six months for
any regular position filled by provisional appointment. The City Manager may
extend the period for any provisional appointment up to thirty days at a time, not
to exceed an additional three months. No credit will be allowed in meeting any
qualification or in the giving of any test or the establishment of any employment
or promotional lists, for service rendered under a provisional appointment.
8.7 Emergency Appointments. To meet the immediate requirements of
an emergency condition or natural disaster, such as extraordinary fire, flood, or
earthquake, which threatens public life or property, the City Manager or a
designee may employ such persons as may be needed for the duration of the
emergency without regard to the Personnel Ordinance or rules affecting
appointments. As soon as possible, the appointments must be reported to the
Human Resources Director. Emergency appointments end when the emergency
ends. Consequently, persons who are given emergency appointments are not in
the classified service.
9. PROBATIONARY PERIOD
9.1 Regular Appointment Following Probationary Period. All original
appointments in the classified service will be subject to a probationary period of
not less than one year of actual service. All promotional appointments will be
subject to a probationary period of not less than six months of actual service,
excepting police and fire safety employees. Promotional probation for police and
fire safety employees will be one year. For police officers, the probationary
period commences on the date they are sworn in as officers. For all other
employees, the probationary period commences on the first day of assignment to
their position. An unpaid leave of absence during the probationary period
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ATTACHMENT B
lengthens the probationary period by the number of calendar days of the leave of
absence.
9.2 Objective of Probationary Period. The probationary period will be
regarded as a part of the examination process and will be utilized for closely
observing the employee's work performance, for securing the most effective
adjustment of a new employee to the position, and for rejecting any probationary
employee whose performance does not meet the required standards of work.
9.3 Retention of Probationary Employee. If the performance of the
probationary employee has been satisfactory, the appointing authority will file a
written authorization with the Human Resources Director to retain the employee
and change the employee's status from probationary to regular. If an
authorization is not filed, the employee's performance will be deemed satisfactory
and the employee's status will change from probationary to regular on the
employee's anniversary date.
9.4 Rejection of Probationary Employee. Any time during the
probationary period, an employee may be rejected by the appointing authority
without cause and without the right of appeal. Notification of rejection in writing
will be given to the probationary employee and a copy filed with the Human
Resources Director.
9.5 Rejection Following Promotion. Any employee rejected during the
probationary period following a promotional appointment will be reinstated to the
position from which the employee was promoted unless charges are filed and the
employee is discharged for cause in the manner provided in the Personnel
Ordinance and these rules for positions in the classified service.
10. ATTENDANCE AND LEAVES
10.1. Annual Vacation Leave. The purpose of vacation is to enable each
eligible employee to take time off from work and return to work mentally
refreshed. All probationary and regular City employees in the classified service
will be entitled to take accrued vacation with pay except employees who have
served less than six months in the service of the City. Vacation accrual rates for
eligible employees will be determined through the meet and confer process and
memorialized in the applicable Memoranda of Understanding.
10. 2. Determination of Vacation Benefits. Employees who work less than
full time, but more than one thousand (1,000) hours a year, will be credited
vacation on a prorated basis. For the purposes of computing vacation accrual,
employment is considered to have commenced on the first day of assignment to
a position. The times during a calendar year at which an employee may take
vacation will be determined by the department head with due regard for the
wishes of the employee and particular regard for the needs of the service.
Regular employees who terminate employment will be paid for all vacation
accrued prior to the effective date of termination not to exceed the maximum
accrual amount as specified in the employee's MOU. Termination of employment
terminates continuity of service for vacation benefits.
10.3 Compensatory Time Off. Any employee in the classified service
may request compensatory time off for overtime worked at a rate of one and one
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ATTACHMENT B
half the overtime hours worked. Accrual and use of compensatory time off in lieu
of overtime pay will be determined in accordance with the provisions of the
applicable Memoranda of Understanding.
10.4 Sick Leave. Sick Leave will be governed by the provisions below
unless otherwise determined through the meet and confer process and
memorialized in the applicable Memoranda of Understanding.
10.4.1 All probationary and regular employees in the
classified service will accrue sick leave on a biweekly basis at the rate of eight (8)
hours for each continuous calendar month of service. Reduced-time probationary
and regular employees will accrue sick leave on a prorated basis. Accrued,
unused sick leave may be carried over to succeeding years, but will not be paid
out when an employee's employment with the City ends.
10.4.2 Employees may use sick leave: (1) to recuperate
from or receive treatment for their own injuries or illnesses; (2) to care for an
injured or ill family member; or (3) to attend the employee's own or a family
member's medical, dental, or optometry appointment.
For the purpose of these rules, the term "family
member" includes a spouse, domestic partner, child, sibling, parent, or
grandparent whether biological, foster, step, adopted, or in-law. It also includes
any person who has served in place of a parent to the employee, or any person
for whom the employee has served in place of a parent. The term "child" means
a biological, foster, or adopted child, a stepchild, a legal ward, a child of a
domestic partner, or a child of a person standing in loco parentis. The term
"parent" means a biological, foster, or adoptive parent, a stepparent, or a legal
guardian.
10.4.3 Any employee who is absent because of a personal
injury or illness or the injury or illness of a family member must notify the
employee's supervisor as early as practicable on the first day of the absence, or
as soon thereafter as possible. An employee who needs to be absent to attend a
medical, dental, or optometry appointment must have the absence approved in
advance by the employee's supervisor.
10.4.4 When the period of absence is for three consecutive
workdays or less, the City may accept the employee's justification as to the
reason for absence. If an absence is for more than three consecutive workdays
and/or if it is covered by workers' compensation, the pregnancy disability
provisions of the California Fair Employment and Housing Act, the California
Family Rights Act, or the federal Family and Medical Leave Act, the City may
require the employee to provide medical certification supporting the need for the
absence.
10.4.5 Time off to take a physical examination for induction
into or recall to active duty with the Armed Forces will be handled in accordance
with applicable state and federal law.
10.4.6 An employee making a blood donation without being
paid a fee will be given a reasonable time off for that purpose. No charge will be
made against the employee's sick leave or vacation when the absence is
approved in advance by the employee's supervisor.
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ATTACHMENTS
10.4.7 Holidays occurring during sick leave will not be
counted as sick leave. Sick leave may not be used for vacation, nor
compensated for in cash, except as provided in section 10.6 below.
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 section 4850 of the
Labor Code (hereinafter '4850 benefits'). The City Manager may authorize use
of sick leave after 4850 benefits are exhausted for job related illness or injury if
he/she determines that:
(a) The injury is not permanent and stationary.
(b) The use of sick leave will not extend the effective date
of the employee's retirement.
(c) The employee is disabled from the performance of
his/her duties and there is a reasonable probability he/she may return to work
within a reasonable amount of time.
10.5 Occupational Injuries or Illnesses.
10.5.1 A regular employee who is not covered by Section
4850 of the Labor Code and who is temporarily unable to work due to an
occupational injury or illness will receive full pay for the number of calendar days
as designated in the applicable Memoranda of Understanding. If the employee
continues to be temporarily unable to work after the designated number of days,
the employee will receive workers' compensation temporary disability payments
as provided in the Labor Code. To the extent that these benefits are less than
the employee's full regular pay, the employee must supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
10.5.2 A regular employee who is covered by Section 4850
of the Labor Code and who is temporarily unable to work due to an occupational
injury or illness will receive full pay for up to one year as provided in that section
("4850 benefits"). The employee may not receive 4850 benefits concurrently with
sick leave or any other form of paid time off.
If the employee continues to be unable to work after
the employee's 4850 benefits have been exhausted and the employee has not
retired, the employee will receive workers' compensation temporary disability
benefits as provided in the Labor Code. To the extent these benefits are less
than the employee's full regular pay, the employee must supplement them by
using accrued sick leave, vacation, and/or compensatory time to reach the
amount equal to the employee's full regular pay until the employee's leave
balances reach zero, at which time the employee would commence an unpaid
leave of absence.
10.5.3 Nothing in this section precludes the City from taking
appropriate action in the event of abuse of sick leave.
10.6 Sick Leave Conversion.
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HI
ATTACHMENTB
10.6.1 During the first pay period of each fiscal year, any
regular employee may convert sick leave time to vacation as determined through
the meet and confer process and memorialized in the applicable Memoranda of
Understanding.
10.6.2 Any regular employee applying for retirement with the
Public Employees' Retirement System may convert accrued and unused sick
leave to service time at the rate specified in California Government Code section
20965.
10.7 Military Leave of Absence. Unless as otherwise provided for in
local, state or federal law, military leave of absence will be governed by the
provisions set forth below.
10.7.1 An employee who is a member of the reserve corps of
the Armed Forces of the United States or of the National Guard or the Naval
Militia and who is ordered to military duty for active military training, inactive duty
training, encampment, naval cruises, special exercises, or similar activities will be
granted a temporary military leave of absence for the period of ordered duty,
including the time going to and returning from that duty as provided for by state
and federal law.
10.7.2 An employee who has been in the service of City for
at least one year prior to the commencement of a leave of absence for inactive
duty training will receive full pay for the first fifteen (15) calendar days of the
leave.
10.7.3 An employee who has been in the service of City for
at least one year prior to the commencement of a leave of absence for other than
inactive duty training will receive full pay for the first thirty (30) calendar days of
the leave.
10.7.4 Notwithstanding sections 10.7.2 and 10.7.3 above, an
employee will not be paid for more than thirty (30) days of military leave in any
one (1) fiscal year.
10.7.5 For purposes of this section, in determining whether
an employee has been in the service of the City for at least one year, all service
by an employee in the Armed Forces of the United States or of the National
Guard or the Naval Militia that occurs during employment with the City will be
counted as City service.
10.8 Jury Duty. An employee who is called for jury duty will be granted a
leave of absence during the period of jury service. The City will continue to pay
employees their regular rates of pay during the leaves.
10.9 Leaves of Absence for Injuries or Illnesses. Upon written
request, the City Manager may grant a regular employee a leave of absence. If
approved, a copy of the request and the approval will be filed with the Human
Resources Department.
10.9.1 Occupational Injuries or Illnesses.
10.9.1.1 A regular employee who is covered by Section
4850 of the Labor Code and who is temporarily unable to work due to an
occupational injury or illness will receive full pay for up to one year as provided in
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ATTACHMENT B
that section ("4850 benefits"). The employee may not receive 4850 benefits
concurrently with sick leave or any other form of paid time off.
If the employee continues to be unable to work
after the employee's 4850 benefits have been exhausted and the employee has
not retired, the employee will receive workers' compensation temporary disability
benefits as provided in the Labor Code. To the extent these benefits are less
than the employee's full regular pay, the employee must supplement them by
using accrued sick leave, vacation, and/or compensatory time to reach the
amount equal to the employee's full regular pay until the employee's leave
balances reach zero, at which time the employee would commence an unpaid
leave of absence.
10.9.1.2 A regular employee who is not covered by
Section 4850 of the Labor Code and who is temporarily unable to work due to an
occupational injury or illness will receive full pay for the number of calendar days
as designated in the applicable Memoranda of Understanding. If the employee
continues to be temporarily unable to work after the designated number of_days,
the employee will receive workers' compensation temporary disability payments
as provided in the Labor Code. To the extent that these benefits are less than
the employee's full regular pay, the employee must supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
10.9.2 Non-Occupational Injuries or Illnesses.
10.9.2.1 A regular employee who is temporarily unable
to work due to a non-occupational illness or injury will receive those disability
benefit payments for which the employee is eligible and applies. To the extent
that these benefits are less than the employee's full regular pay, the employee
must supplement them by using accrued sick leave, vacation, and/or
compensatory time to reach the amount equal to the employee's full regular pay
until the employee's leave balances reach zero, at which time the employee
would commence an unpaid leave of absence.
10.9.2.2 Leaves of absence for pregnancy-related
disabilities will be handled in the same manner as leaves of absence for non-
occupational injuries or illnesses, subject to the pregnancy disability provisions of
the California Fair Employment and Housing Act.
10.9.3 Bereavement Leave. In the event of the death of an
employee's family member, Bereavement Leave for eligible employees will be
determined through the meet and confer process and memorialized in the
applicable Memoranda of Understanding. An employee who is absent because
of the death of a family member must notify the employee's supervisor as soon
as possible on the first day of the absence.
For the purpose of this section, the term "family member" includes a
spouse, domestic partner, child, sibling, parent, or grandparent whether
biological, foster, step, adopted, or in-law. It also includes any person who has
served in place of a parent to the employee, or any person for whom the
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ATTACHMENT B
employee has served in place of a parent. The term "child" means a biological,
foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner,
or a child of a person standing in loco parentis. The term "parent" means a
biological, foster, or adoptive parent, a stepparent, or a legal guardian.
10.9.4 Unpaid Leave of Absence.
10.9.4.1 Prior to commencing an unpaid leave of
absence, the employee must exhaust all accrued vacation and compensatory
time and, if applicable, all accrued sick leave. Once the employee has been on
an unpaid leave of absence for two full pay periods, the employee will cease
accruing sick leave and vacation. In addition, the employee's vacation
anniversary date and salary anniversary date will be extended for each calendar
day the unpaid leave of absence extends beyond the first two full pay periods
unless otherwise prohibited by law. Accruals of sick leave and vacation will
resume on the first day of the first full pay period after the employee has returned
to work.
10.9.4.2 To the extent permitted by law, upon notice to
the employee by the City, a leave of absence under this article will run
concurrently with any leave of absence an employee is entitled to receive under
the California Family Rights Act or the federal Family and Medical Leave Act.
10.9.4.3 Failure of an employee to promptly return to
work at the conclusion of an unpaid leave of absence, or within a reasonable
time after notice to return to duty, will be cause for discharge.
10.10 Hours of Operation. The City will determine the hours of operation
and appropriate staffing levels necessary to achieve its mission, vision, values,
goals and objectives. The hours of operations and staffing levels may vary by
facility, major service area, and/or department.
10.11 Other Employment. No City employee is permitted to have outside
employment that is inconsistent or incompatible with City employment. An
employee who desires to have outside employment must first obtain written
approval from the employee's department head and the City Manager on a form
provided by the Human Resources Department.
10.12 Attendance. Employees must be in attendance in their work in
accordance with the rules regarding hours of work, holidays, and leaves. All
departments will keep daily attendance records, which will be reported to the
Finance Department in the form and on the dates prescribed by the Finance
Department.
10.13 Holidays. Municipal offices will be closed on days designated as
holidays by City Council resolution.
When a City Council authorized holiday falls on Sunday, the holiday
will be observed on the following Monday. When a City Council authorized
holiday falls on Saturday, the holiday will be observed on the preceding Friday.
Employees will receive holiday pay in accordance with the provisions of the
applicable Memoranda of Understanding.
10.14 Overtime.
10.14.1 Application. Any full-time employee in the classified
service renders service beyond the employee's normal work week (or work
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ATTACHMENT B
period, if applicable) will be paid overtime pay for the additional service at one
and one-half times the employee's regular hourly rate as determined by the
FLSA. Reduced time regular employees will be paid overtime for hours worked
in excess of forty (40) in a work week. Overtime pay will be included in the
paycheck for the pay period in which the overtime service was performed.
Accrual and use of compensatory time off in lieu of overtime pay will be
determined in accordance with the provisions of the applicable Memoranda of
Understanding.
10.14.2 Administration of Overtime. The smallest unit of time
credited as overtime will be one-quarter (1/4) hour for any pay period. Overtime
worked that is less than one-quarter (1/4) hour during a pay period will be
disregarded and may not be accumulated except for calculating whole hours
within the pay period. The department head will report all overtime or
compensatory time on Finance Department time and pay records.
11. CHANGES IN EMPLOYMENT STATUS
11.1 Changes in Employment Status. Changes in employment status will
be governed by the provisions below unless otherwise provided through the meet
and confer process and memorialized in the applicable Memoranda of
Understanding.
11.2 Transfer. After notice to the City Manager and the Human
Resources Director, an employee may be transferred by the appointing authority
at any time from one position to another position in the same or comparable
classification. If the transfer involves a change from one department to another,
both departments must consent to the transfer unless the City Manager orders
the transfer for purposes of economy or efficiency. A transfer may not be used to
effectuate a promotion, demotion, advancement, discipline, or a reduction in pay,
each of which may be accomplished only as provided in the Personnel
Ordinance and in these rules or the applicable Memoranda of Understanding. No
person will be transferred to a position for which the person does not possess the
minimum qualifications.
11.3 Promotion. Insofar as practicable and consistent with the best
interest of the service, all vacancies in the classified service will be filled by
promotion from within after a promotional examination has been given and a
promotional list established. If, in the opinion of the appointing authority, the
needs of the City require it, a vacancy may be filled by open-competitive
examination instead of a closed promotional examination.
11.4 Demotion. The appointing authority may demote an employee
whose ability to perform required duties falls below standard, for disciplinary
purposes, or in lieu of layoff. In addition, demotion to a vacant position may be
made at an employee's request, with the consent of the prospective supervisor.
No employee will be demoted to a position for which the employee does not
possess the minimum qualifications. Written notice of the demotion will be given
to the employee before the effective date of demotion, and a copy of the notice
will be filed with the Human Resources Director.
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ATTACHMENT B
11.5 Suspension. The appointing authority may suspend an employee
without pay, or reduce the pay of an employee in lieu of a suspension without
pay, for discipline or for other just cause. Suspension without pay may not
exceed thirty (30) days in any instance. A suspension without pay, or a reduction
in pay in lieu of a suspension without pay, must be reported immediately to the
Human Resources Director by the appointing authority.
11.6 Reinstatement. With the approval of the appointing authority, an
employee who has resigned with a good record may be reinstated within two
years to a vacant position in the same or comparable classification. Upon
reinstatement, the employee will, for all purposes be considered as an original
appointee.
11.7 Discharge. The appointing authority may discharge an employee
for disciplinary purposes or for other just cause after notifying and consulting with
the Human Resources Department.
11.8 Reductions in Force.
11.8.1 Notice to Affected Employees. The appointing
authority may lay off an employee in the classified service because of material
change in duties or organization or shortage of work and funds. Except as
otherwise required by federal or state law applicable to reductions in force, at
least ten (10) business days prior to the effective date of a reduction in force, the
appointing authority will notify the Human Resources Director of the intended
action and provide a written statement certifying whether or not the services of
the employee have been satisfactory. A copy of such notice will be given the
employee affected. If certified as having given satisfactory service, the name of
the employee laid off will be placed on the appropriate reemployment list as
provided by these rules.
11.8.2 Reduction in Force Procedures. The following
procedures will apply to all probationary and regular city employees in the event
of a reduction in the City work force.
11.8.2.1 Definitions. The following definitions apply to
these procedures:
11.8.2.1.1 "City Service Seniority" means the
period of total continuous service with the City as measured from the date of
original appointment.
11.8.2.1.2 "Classification Seniority" means the
period of total continuous service of an employee in the present classification as
measured from the date of appointment to that classification.
11.8.3 Reduction in Force - Layoff. Whenever there is a
reduction in the force, the City will layoff employees within a classification
according to City service seniority. Employees with the least continuous City
service within a classification will be laid off first.
11.8.4 Reduction in Force - Demotion. Whenever there is a
reduction in force and demotion of employees becomes necessary, the City will
determine among those employees scheduled to be laid off, those employees
with the greatest length of continuous City service. The employee will be
demoted to any classification for which he/she has been determined to be
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ATTACHMENT B
currently qualified and in which a vacancy exists. An employee may refuse to
accept a demotion and accept layoff without jeopardizing reemployment rights
otherwise provided for in this procedure.
11.8.5 Notification. Except as otherwise required by state or
federal law applicable to reductions in force, whenever there is a reduction in
force, the City will send written notice to the last known address of each
employee affected by a layoff. The notice will include the (1) reason for layoff,
(2) classifications to which the employee may demote within the City, if any, (3)
effective date of action, (4) conditions governing retention on and reinstatement
from reemployment lists, and (5) rules regarding waiver of reinstatement and
voluntary withdrawal'from reemployment lists.
11.8.6 Determining Length of Seniority. In determining
continuous City service seniority, all uninterrupted employment from the
employee's original date of hire, including periods of authorized paid leaves of
absence or other authorized leave pursuant to state or federal law, and all
periods of time served as a limited term employee, but excluding periods of
unauthorized leaves of absence in excess of two pay periods, will be counted as
continuous City service seniority.
11.8.7 Order of Reduction in Force. In a reduction in force
the following order of layoffs will be followed: (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 classification series;
(3) City probationary employees in reverse order of their classification seniority in
the affected classification series; (4) should there be need for further reduction,
regular employees in the affected classification series will be given the
opportunity to accept or refuse demotion as previously described in subsection
11.8.4 in reverse order of their classification seniority; (5) should a reduction in
force still be necessary, regular employees will be laid off in reverse order of their
classification seniority.
11.8.8 Determining Order of Layoff and Demotion for
Employees with Identical Seniority. Should two or more employees have
identical seniority, the order of layoff and demotion will be determined by lottery.
11.8.9 Transfer. All effort will be made by the City to transfer
any employee who is to be affected by a reduction in force to another vacant
position for which the employee may qualify.
11.8.10 Order and Method of Demotion Pursuant to a
Reduction in Force - Bumping. When required due to a reduction in force,
employees will be demoted in the following manner:
11.8.10.1 Employees who are demoted, who have held
regular status in a lower classification will have the right to bump employees of
lesser City service seniority in that lower classification.
11.8.10.2 Employees who have not actually held status
in a lower classification will be allowed to demote to a vacant position or to a
position held by a City probationary employee in a lower classification, if qualified
for the lower classification, but may not bump regular City employees already in
the lower classification.
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ATTACHMENT B
11.8.11 Reinstatement of Employees Demoted as a Result of
a Reduction in Work Force. Employees who are demoted as a result of a
reduction in force will have their names placed on a reinstatement list, in the
order of their City service seniority. Vacant positions in which an employee has
served within a classification series will first be offered to employees on this list.
11.8.12 Reemplovment of Employees Laid Off as a Result of
a Reduction in Force. Employees who are laid off and who held regular City
status at the time of layoff will have their names placed on a reemployment list
for classifications at the same or lower salary range for which they qualify in the
order of their classification seniority. Vacant positions in the classifications will be
offered to eligibles on the reemployment list who qualify for the vacancies prior to
an open or promotional recruitment.
11.8.13 Duration of Reinstatement and Reemplovment Lists.
The eligibility of individuals on the reinstatement and reemployment lists will
extend for a period of two (2) years from the date of demotion or layoff. Eligibles
not responding to written notification of an opening after ten (10) business days
will have their names removed from the lists.
11.8.14 Restoration of Benefits. Upon Reemployment
Following, a Reduction in Force. Upon reemployment following a reduction in
force, an individual will have the following benefits restored:
(a) Prior sick leave accruals.
(b) City service seniority at time of layoff for purposes of
determining merit or step increases, vacation accruals and future reduction in
force.
(c) The rate of pay of an employee who is re-employed
will be based on the pay plan in effect at the time of reemployment. If the
employee chooses to be reemployed in a classification which has a pay range
lower than the classification from which the employee was laid off, then the rate
of pay will be at the "E" step in the pay range for the lower classification..
11.8.15 Payoff of Accruals Upon Layoff. Laid off employees
are to be paid for all accrued holiday, vacation, compensatory time and overtime
when separated as a result of a layoff. The sick leave accruals of the employee
will remain on the books and will be reinstated if the employee is reappointed
within two years form the date of layoff.
11.8.16 Retirement Contribution. The disposition of the
reemployment contributions of a laid off employee will be governed by the
provisions of the California Public Employees' Retirement Law (California
Government Code sections 20000 et seq.).
11.9 Resignations. An employee wishing to leave the City's service in
good standing will submit a written resignation to the appointing authority stating
the effective date and reasons for leaving. The resignation should be submitted
at least two weeks before leaving the service, unless the time limit is waived by
the appointing authority. The resignation will be forwarded to the Human
Resources Department. Failure to give notice as set forth by this rule may be
cause for denying future employment with the City.
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12. GRIEVANCE PROCEDURES
12.1 Purpose. The purposes of the Grievance Procedure of the City of
Carlsbad are:
(a) To promote improved employer-employee relations by
establishing grievance procedures on matters for which appeal or hearing is not
provided by other regulations.
(b) To assure fair and equitable treatment of all employees and
promote harmonious relations among employees, supervisors and management.
(c) To encourage the settlement of disagreements informally at
the employee-supervisor level and provide an orderly procedure for handling
grievances throughout the several supervisory levels where necessary.
(d) To provide that grievance meetings will be conducted as
informally as possible.
(e) To resolve grievances as quickly as possible and correct, if
possible, the cause of grievances, thereby reducing the number of grievances
and future similar complaints.
(f) This grievance procedure is applicable to classified
employees in each department of the City of Carlsbad, unless superseded by a
Memorandum of Understanding.
12.2 Reviewable and Nonreviewable Grievances.
12.2.1 To be reviewable under this procedure, a grievance
must:
(a) Concern matters or incidents that have occurred.
(b) Result from an act or omission by management
regarding working conditions or other matters over which the head of the
department has control.
(c) Arise out of a specific situation, act or acts considered
to be unfair which result in inequity or damage to the employee.
(d) Arise out of an interpretation and application of the
Personnel Rules and Regulations or an applicable Memoranda of Understanding.
12.2.2 A grievance is not reviewable under this procedure if:
(a) It is a matter which would require the modification of a
policy established by the City Council or by law.
(b) It is reviewable under some other administrative
procedure and/or rules of the City of Carlsbad, such as:
(i) Applications for changes in title, job
classifications or salary.
(ii) Appeals from formal disciplinary proceedings.
(iii) Appeals from work performance evaluations.
(iv) Items identified in these rules or in an
applicable Memoranda of Understanding as nongrievable.
12.3 Special Grievance Procedure Provisions. The following special
provisions apply to the grievance procedure.
12.3.1 Procedure for Presentation. In presenting a
grievance, an employee must follow the sequence and the procedure outlined in
subsection 12.4 below.
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12.3.2 Prompt Presentation. The employee will discuss the
grievance with an immediate supervisor promptly after (i.e., when the employee
knew or should have known) the act or omission of management causing the
grievance.
12.3.3 Prescribed Form. The written grievance will be
submitted on a form prescribed by the Human Resources Director for this
purpose.
12.3.4 Statement of Grievance. The grievance will contain a
statement of:
(a) The specific situation, act or acts considered to be
unfair and the reasons why.
(b) The inequity or damage suffered by the employee.
(c) The relief sought.
12.3.5 Employee Representative. The employee may
choose a representative at any step in the procedure. The person hearing the
grievance need not allow more than one employee representative for any step in
the grievance process, unless the person hearing the grievance so desires.
12.3.6 Interested Parties. There will be no limit placed upon
the number of interested parties who may provide information during the hearing
of a grievance at any step of the grievance procedure.
12.3.7 Handled During Working Hours. Whenever possible,
grievances will be handled during the regularly scheduled working hours of the
parties involved.
12.3.8 Extension of Time. The time limits within which action
must be taken or a decision made as specified in this procedure may be
extended by mutual written consent of the parties involved. A statement of the
duration of the extension of time must be signed by both parties involved at the
step to be extended.
12.3.9 Consolidation of Grievances. If the grievance involves
a group of employees or if a number of employees file separate grievances on
the same matter, the grievances will be handled as a single grievance.
12.3.10 Settlement. Any grievance will be considered settled
at the completion of any step if all parties are satisfied or if neither party presents
the matter to a higher authority within the prescribed time.
12.3.11 Reprisal. The grievance procedure is intended to
assure a grieving employee the right to present a grievance without fear of
disciplinary action or reprisal, provided the provisions of the grievance procedure
are observed. Copies of grievance forms will not be placed in employee
personnel records but will be maintained in separate files in the Human
Resources Department.
12.4 Grievance Procedure Steps. The procedural steps for submitting
a grievance for consideration and action are set forth in the applicable
Memoranda of Understanding.
13. TRAINING AND EDUCATION BENEFITS
13.1 Training and Education.
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13.1.1 Responsibility for Training. The city encourages
training programs for employees. Responsibility for developing training programs
for employees will be assumed jointly by the Human Resources Director and
department heads. These training programs may include lecture courses,
demonstrations, assignments of reading matter, or other available methods for
improving the effectiveness and broadening the knowledge of municipal officers
and employees in the performance of their respective duties.
13.1.2 Credit for Training. Participation in and successful
completion of special training courses may be considered in making
advancement and promotions. Evidence of this activity must be filed by the
employee with the Human Resources Director.
13.2 Employee Education and Tuition Reimbursement.. Employee
education and tuition reimbursement will be determined in accordance with
Administrative Order 60.
14. REPORTS AND RECORDS
14.1 Roster Cards. The Human Resources Director will maintain a
record for each employee in the service of the City showing the name, title of
position held, the department to which assigned, salary, changes in employment
status, and such other information as may be considered pertinent.
14.2 Change of Status Report. Every appointment, transfer, promotion,
demotion, change in status of employees must be reported in writing to the
Human Resources Director.
15. RULES OF APPEAL TO HEARING OFFICER
15.1 Right of Appeal. Any employee in the classified service will have
the right to appeal to a hearing officer those disciplinary actions and grievance
decisions as provided in the applicable Memorandum of Understanding.
15.2 Method of Appeal and Procedures for Personnel Hearings. The
method of appeal and the procedures for personnel hearings will be consistent
with Administrative Order No. 70 and the applicable Memorandum of
Understanding.
2/9/201(
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