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HomeMy WebLinkAboutCity Council - 3381 RESOLUTION NO. 3381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING RULES AND REGU- LATIONS GOVERNING PERSONNEL ACTIVITIES WITHIN SAID CITY WHEREAS, the City Council is authorized and directed, under the provisions of Article 183, Chapter 18 of the Huntington Beach Ordinance Code, to adopt rules and regulations for the adminis- tration of the personnel system created by the city Charter and said code , NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby adopt the following rules : RULE 1 PURPOSE The objectives of these rules are to facilitate efficient and economical service to the public and to provide a fair and suitable system of personnel management in the municipal govern- ment . These rules set forth, in detail, procedures to accom- plish the following : to insure similar treatment for all who compete for employment and promotion; and to define obligations, rights , benefits and prohibitions on all city employees . At the same time, it is recognized that individuals dif- fer, and that no rule or regulation may properly prescribe uni- form conditions applicable to every individual circumstance . RULE 2 PRINCIPLES The intent of these rules is to recognize the following principles : the citizens of Huntington Beach have a right to expect that the city will employ the best qualified persons available; that tenure of every city employee will depend upon need for the work performed, availability of funds , effective performance, proper personal conduct, and continuing fitness for his position; and that each employee will be encouraged and pre- pared to perform at his optimum level. 1. Employees of the city have the right to be fully informed of expected performance, level of performance, promotion on the basis of merit and ability, reward for good performance, discipline for poor performance, and protection from suspension, demotion, or dismissal without just cause . RULE 3 GENERAL PROVISION FAIR EMPLOYMENT. City employment shall be based on merit . No appointment to, promotion to or removal from a position in the competitive service shall be affected or influenced in any manner by sex, race, color, creed, nationality, age, political or re- ligious opinion or affiliation, except as provided elsewhere in these rules . RULE 4 DEFINITIONS The following terms, whenever used in these rules, shall be construed as follows : 4-1. ACTING APPOINTMENT. The appointment, for a limited period, of a person to a position in a class for which no em- ployment list exists; to a position in a higher class occupied by a permanent appointee on suspension; or to a position in a higher class occupied by a probationary or permanent appointee who is on authorized leave of absence; or occupying a position for which a vacancy exists . 4-2 . ALLOCATION. The assignment of a single position to its proper class in accordance with duties performed and the authority and responsibility exercised. 4-3 . ANNIVERSARY DATE. The most recent date of com- mencement of full-time employment with the city, unless the term "anniversary date" is used to describe merit salary step advancement date. 4-4 . APPELLATE AUTHORITY . Any person or board who has authority to hear an appeal as provided by these rules . 4-5 . APPOINTING AUTHORITY. Appointing authority shall mean a department head, with respect to personnel in his depart- ment, or the officer or officers of the city designated by the city Charter to make appointment to a position . 4-6 . APPOINTMENT. The employment of a person in a position. 2 . 4-7. BOARD. The Personnel Board established in accordance with the city Charter. 4-8. CITY. The City of Huntington Beach, a municipal cor- poration. 4-9 . CLASS . A group of positions sufficiently similar in duties , responsibilities, authority and minimum qualifications to permit combining them under a single title, and to permit appli- cation of common standards of selection and compensation . 4-10 . CLASSIFICATION PLAN. The designation of a title for each class , together with the specifications for each class, as prepared and maintained by the Personnel Director with departmen- tal input . 4-11. CLASS SPECIFICATIONS . A written description of a class setting forth factors and conditions which are character- istic of positions in that class . 4-12 . COMPENSATION SCHEDULE. A schedule of salary ranges of all classes in the service of the city, including single-position classes , setting forth the salary range for each such class in accordance with the criteria and procedures set forth in this resolution, and also setting forth the salary rates by step in each such range . 4-13 . COMPETITIVE SERVICE. The positions and classifica- tions which are included within the personnel system by ordinance, as provided by the city Charter. 4-14. CONTINUOUS SERVICE. Employment without interruption except for approved leaves of absence . 4-15 . DEMOTION. The movement of an employee from one class to another having a lower salary range . 4-16 . DISMISSAL. The discharge of an employee from the competitive service by the appointing authority for cause . 4-17 . ELIGIBLE. A person qualified for appointment from an employment list . 4-18 . EMPLOYEE. Any individual occupying a position in the competitive service . 4-19 . EMPLOYMENT LIST . A list of names of persons who have taken an examination for a position in a class in the com- petitive service and passed, and whose names are ranked on the list in the order of the score received. 3 . 4-20 . EXAMINATION. The process of testing, evaluating, investigating and determining the fitness and qualifications of applicants : Open-competitive examination: one that is open to all persons meeting the minimum qualification for the class . Promotional examination: a test for a position in a particular class , limited to qualified employees in the competitive service . Continuous examination: an open-competitive examin- ation given periodically . The names of applicants achieving a passing grade shall be placed on an em- ployment list in the order of the scores received, and such list shall remain in effect for one (1) year from the date such list is prepared. 4-21. JUST CAUSE. Cause, supported by substantial evidence, for a superior to take disciplinary action against a subordinate employee . 4-22. LAYOFF . Termination of an employee because of lack of funds or lack of work. 4-23. LAYOFF LIST. A list containing the names, in the order of date of layoff, of permanent employees who have been laid off. 4-24. LEAVE. Authorized or unauthorized absence from work. 4-25. ORIGINAL APPOINTMENT. The appointment of an in- dividual to a vacant position in a probationary status after such individual has achieved a passing score on an open-com- petitive or continuous examination. 4-26 . OVERTIME WORK. Working time in excess of an em- ployee 's assigned work time . 4-27 . PART-TIME, COMPETITIVE POSITION. A position in which the employee regularly works less than forty (40) hours per week but not less than twenty (20) hours per week . 4-28. PART-TIME, NONCOMPETITIVE POSITION. A position in which the employee regularly works less than twenty (20) hours per week. 4-29 . PERMANENT APPOINTMENT. The appointment of a person to a permanent position upon successful completion of probation, when applicable, which signifies satisfactory performance in the permanent position to which the employee is assigned. 4 . 4-30 . PERMANENT EMPLOYEE. An employee who has successfully completed a probation period in a permanent position. 4-31. PERMANENT POSITION. A full-time or part-time position, authorized in the budget, and expected to exist indefinitely . 4-32 . PERSONNEL ACTION FORM. The multipurpose form used for processing changes in an employee 's salary rate, employment status and other matters contemplated within these rules . 4-33 . PERSONNEL BOARD. A Board, created by Section 808 of the city Charter, to assist in personnel administration and to exercise those powers and duties set forth in said section of the Charter. 4-34. POSITION. Any office or employment (whether part time or full time, temporary or permanent, occupied or vacant) involv- ing the performance of certain duties by an employee . 4-35 . PROBATION. A working-test period during which an em- ployee is required to demonstrate his ability and capacity to per- form the duties of the position to which he has been appointed. 4-36 . PROBATIONARY EMPLOYEE. An employee holding a pro- bationary appointment to a permanent position. 4-37. PROMOTION. The movement of an employee from a po- sition in one class to a position in another class imposing higher duties and responsibilities, requiring higher qualifi- cations and providing a higher maximum rate of pay . 4-38. PROMOTIONAL LIST. An employment list established after the administration of a promotional examination. 4-39 . PUBLIC SAFETY EMPLOYEES . Those employees desig- nated as Public Safety Employees by the Public Employees ' Re- tirement System. 4-40 . RECLASSIFICATION. The reassignment of a position from one class to a different class after re-evaluation of the minimum qualifications , duties, authority and responsibilities of the position. 4-41. RECOGNIZED EMPLOYEE ORGANIZATION. Any organization which includes employees of the city and which has as one of its primary purposes representing such employees in their em- ployment relations with the city. 4-42. RECURRENT EMPLOYEE. An employee whose employment is not permanent but who may work full time or part time as determined by the department needs and is paid on an hourly basis . 5 . 4-43 . REDUCTION. A salary decrease within the limits of the pay range established for a class , or resulting from an increase to other classifications in the same range . 4-44 . REEMPLOYMENT. Employment without examination of a former permanent employee pursuant to these rules . 4-45 . REGULAR STATUS . The status of any employee holding a permanent appointment . 4-46. REINSTATEMENT. Return of an employee to his former position in the competitive service within one (1) year after layoff, or at any time after successful appeal of a suspension, demotion or dismissal. 4-47 . REJECTION. The separation of an employee from the service during his probationary period. 4-48 . RELATIVE BY BLOOD OR MARRIAGE WITHIN THE THIRD DE- GREE. All of the following relationships are within the third degree : children, parents , granchildren, brothers, sisters , grandparents , great grandchildren, nephews , nieces , uncles, aunts and great grandparents . 4-49 . RELEASE. The return of an employee to his former position in the competitive service after such employee has failed to complete a promotional probationary period success- fully . 4-50 . REPRIMAND . A verbal or written reproof, administered to an employee as a disciplinary measure, for an infraction of the rules hereinafter set forth in this resolution . 4-51. RESIGNATION. Termination of employment at the em- ployee 's request . 4-52 . REVIEW PROCEDURE. . The rules and procedures govern- ing the review of personnel disciplinary matters and the inter- pretation or application of these rules . 4-53 . RULES . Rules and regulations for the competitive service of the City of Huntington Beach as embodied in this resolution. 4-54 . SALARY ADVANCEMENT . A salary increase of one or more steps within the limits of a salary range established for a class . 4-55 . SALARY RANGE . The range of salary rates for a class as set forth in the compensation plan. 4-56 . SALARY RATE. Dollar amount of each step in a salary 6 . range or the flat amount for a class having no salary range, des- ignated as compensation for services rendered. 4-57 . SALARY STEP . The minimum to maximum increments of a salary range . 4-58. SUSPENSION. A temporary removal from duty, with or without pay of an employee for disciplinary purposes or for the purpose of investigating accusations brought against an employee. 4-59 . TEMPORARY POSITION. A full-time or part-time po- sition which shall exist for a limited time . 4-60 . TERMINATION. Separation from the competitive service . 4-61. TRANSFER. A change of an employee from one position to another in the same or different class having essentially the same salary range, involving the performance of similar duties and requiring substantially the same basic qualifications . 4-62 . VACANCY. A budgeted position unoccupied by a pro- bationary or regular employee. 4-63 . WORK DAY. The number of hours an employee in each position is required to work as set forth in these rules . 4-64 . WORK SCHEDULE . The assignment of a position to a work shift or a series of work shifts in a seven-calendar-day period. 4-65 . WORK SHIFT . The number of regular working hours assigned to each position or class , as more specifically set forth in these rules . RULE 5 RECRUITMENT AND SELECTION PROCEDURE 5-1. TYPES OF APPOINTMENTS . All vacancies in the com- petitive service shall be filled by reemployment, promotion, de- motion, transfer, reinstatement or from appropriate employment lists , if available, certified by the Personnel Director. 5-2 . NOTICE TO PERSONNEL DIRECTOR. Whenever a vacancy occurs in the competitive service and is to be filled, the ap- pointing authority shall immediately notify the Personnel Di- rector. The Personnel Director shall investigate and inform the appointing authority of the availability of personnel for reemployment, reinstatement, transfer, demotion, promotion, or of eligibles named on appropriate employment lists . 7 . 5-3 . CERTIFICATION OF ELIGIBLES . The appointing authority shall indicate whether it is desirable to fill the vacancy by re- employment , reinstatement, transfer, promotion or demotion, or the use of an appropriate employment list . If appointment is to be made from an employment, promotional or reemployment list, the names of the top five (5) eligibles in order of score achieved willing to accept appointment, shall be certified. 5-4. ORDER OF CERTIFICATION. Whenever certification is to be made, the eligibility lists, if active and not exhausted, shall be used in the following order: (a) Promotional list (b) Reemployment list (c ) Employment list If fewer than five (5) names of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until five ( 5) names are certified. If there are fewer than five (5) names on such lists , there shall be certified the number thereon . In such case , the appointing authority may demand certification of five (5) names and examinations shall be conducted until five (5) names may be certified. The appointing authority shall fill the position by the appointment of one of the persons certified. 5-5 . APPOINTMENT. In the appointment of employees other than department heads , the department head shall make appoint- ments from among those certified by the Personnel Director, and shall immediately notify the Personnel Director of the person or persons selected. The department head shall then notify the per- son appointed in writing, and if the applicant accepts the ap- pointment and presents himself for duty within such period of time as the department head shall prescribe, he shall be deemed to be appointed. Otherwise, he shall be deemed to have declined the appointment, and the next eligible in order shall be noti- fied. This procedure shall be followed until the position has been filled. 5-6 . ACTING APPOINTMENT . When there is no employment list from which a position may be filled, the department head may fill such position by an acting appointment . Such acting appoint- ment shall continue only until eligibles are available from an appropriate employment list, and provided that such appointment does not exceed the probationary period for the class EXCEPT that on recommendation of the appointing authority, with the approval of the Personnel Director, an acting appointment may be continued for the life of such position. An appropriate employment list 8 . shall be established for each class to which an acting appoint- ment is made within six (6) months from the date of the vacancy, and providing further that no special credit shall be allowed in meeting any qualifications or in giving any test or in the estab- lishment of any employment or promotional list for service ren- dered under an acting appointment . 5-7 . EMERGENCY APPOINTMENT. To meet the immediate require- ments of an emergency situation which threatens public life and public property, the City Council, or any elected official with appointing authority, or department head of the city may employ such persons as may be needed for the duration of such emergency notwithstanding these rules and regulations affecting appointment . As soon as possible such appointment shall be reported to the City Administrator, the City Council and Personnel Director. Any emer- gency appointment which lasts in excess of six ( 6) months shall be reviewed by the Personnel Director. 5-8 . TEMPORARY APPOINTMENT. No person shall be employed temporarily in a permanent , part-time or seasonal position except as provided herein: (a) As a substitute for a regular employee who is absent from his position. (b) For the duration of any war or national emergency and six (6) months thereafter. (c ) When it is impossible to recruit an appointee meeting the standards for permanent or recurrent employment . (d) When the budget appropriation allows for only temporary employment, or when the work assignment is of short duration, or when it is anticipated that the position will soon be abolished. (e) Lack of an employment, reemployment or promotional list, or nonavailability of those eligibles on such lists . (f) When a state of disaster exists or such conditions exist which seriously endanger the health, welfare and safety of the community . A temporary appointment shall not exceed six (6) months and the department head, with notice to the Personnel Director, may terminate a temporary appointment at his discretion. 5-9 . MEDICAL EXAMINATION . Prior to appointment, eligibles selected by the appointing authority shall be required to pass a medical examination, and may be required to participate in a psychological evaluation, as may be prescribed. The Personnel Director shall select a licensed, medical doctor (and licensed 9 . clinical psychologist, when desirable) , actively practicing, to perform the examination, the cost of which shall be borne by the city . If an eligible is disqualified by a medical or psychologi- cal examination, his name shall be deleted from the list of eligibles . 5-10 . ANNOUNCEMENTS . All examinations for classes in the competitive service shall be publicized by posting announcements in the civic center on official bulletin boards , and by such other methods as the Personnel Director and department head deem advisable . The announcements shall specify the title and pay range of the class for which the examination is announced, the nature of the work to be performed, preparation required or de- sirable for the performance of the work of the class, the dates, time, place and manner of making application, and other perti- nent information. 5-11. APPLICATION FORMS . Application shall be made as pre- scribed in the examination announcement . Application forms, pro- vided by the Personnel Director, shall require information covering training, experience and other pertinent information, and appli- cants may be required to furnish certificates deemed necessary by the Personnel Director and department head. All applications shall be fully completed, signed and dated by the applicant . Applications shall be retained on file in the office of the Personnel Director for a period not to exceed one (1) year. 5-12 . DISQUALIFICATION. The Personnel Director may reject the application of, may refuse to examine or, after examination may refuse to declare as an eligible or may withhold or withdraw from certification, prior to appointment, anyone who comes under any of the following categories : (a) Lacks any of the requirements established for the exam- ination or position for which he applies . (b ) Is physically or mentally so disabled as to be rendered unfit to perform the duties of the position to which he seeks ap- pointment . (c) Is addicted to the use of intoxicating beverages to ex- cess . (d) Is addicted to the use of narcotics or habit-forming drugs , or uses illegally dangerous drugs . (e) Has been convicted of a felony, or convicted of a misde- meanor involving moral turpitude . 10 . (f) Has been guilty of infamous or notoriously disgraceful conduct . (g) Has been dismissed from any position for any cause which would be a cause for dismissal from the competitive service . (h) Has resigned from any position not in good standing or in order to avoid dismissal. (i) Has intentionally attempted to practice any deception or fraud in his application, in his examination or in securing his eligibility. (j ) Has waived appointment three (3) times after certifi- cation from the same employment list . (k) Has been discharged from the armed forces of the United States under conditions other than honorable . (1) Refuses to execute an oath as may be prescribed by law. (m) Has used or attempted to use any personal or political influence to further his eligibility or appointment . Whenever an application is rejected, notice of such rejection together with a statement of reason for such rejection shall be mailed to the applicant by the Personnel Director. Applications shall be marked at the time of receipt in the Personnel Director' s office with the date and hour of the day . Applications postmarked or received after the date and hour speci- fied in the examination announcement shall be rejected. With the approval of the Personnel Director, persons whose applications have been rejected because they were incomplete may amend their applications . However, such amendments must be made before the time of an examination. The time for filing applications may be extended or reopened by the Personnel Director as the needs of the service require, pro- vided posted notice is given. No person taking part in preparing, conducting or holding examinations shall be permitted to fill out an application or be an applicant for such examination. 5-13 . NATURE AND TYPES OF EXAMINATIONS . The selection tech- nique used in the examination process shall be impartial, of a practical nature and shall relate to those subjects which, in the opinion of the Personnel Director and department head, fairly measure the relative capacity of persons examined to execute the duties and responsibilities of the position to which they seek appointment . Examinations shall consist of selection techniques 11. which will test fairly the qualifications of candidates such as, but not necessarily limited to, achievement and aptitude tests, other written tests, personal interviews, performance tests, phy- sical agility tests , evaluation of daily work performance , work samples , medical examinations or any combination thereof. 5-14 . PROMOTIONAL EXAMINATIONS . Promotional examinations may be conducted whenever, in the opinion of the Personnel Direc- tor, after consultation with the department head, the need of the service so requires; provided, however, a promotional examin- ation may not be given unless there are two (2) or more candi- dates eligible for each position to be filled. Only employees who meet the requirements for the vacant position may compete in promotional examinations . Promotional examinations may include any of the selection techniques , or any combination thereof, mentioned in Section 5-13 . Additional factors including but not limited to performance rating and length of service may be con- sidered. A promotional-employment list shall be established after the administration of a promotional examination, and such list shall consist of at least two (2) names of eligibles . 5-15 . OPEN-COMPETITIVE EXAMINATIONS . For classes of positions for which the Personnel Director finds it difficult to maintain adequate eligible lists he may receive applications , conduct exam- inations , and create employment lists continuously. The names of eligibles who took the same or a comparable examination on dif- ferent dates may be ranked for purposes of certification in the order of final scores . Eligibility from an open-competitive exam- ination may be deemed to be established as of the date of examin- ation. Such examinations may include any of the selection tech- niques , or any combination thereof, mentioned in Section 5-13 hereof. Permanent employees , as well as the general public, who meet the requirements set forth in the announcement, may compete in open-competitive examinations . 5-16 . CONDUCT OF EXAMINATION . The Personnel Director shall determine the manner and methods and by whom examinations shall be prepared and administered, after consultation with department head. The Personnel Director, with approval of the City Council, may contract with any competent agency or individual for prep- aration and administration of examinations . In the absence of such contract, the Personnel Director, or his designated repre- sentative, shall perform such duties . The Personnel Director shall arrange for the use of appropriate facilities and equipment for conducting examinations , and shall render such assistance as shall be required with respect thereto. 5-17 . SCORING EXAMINATIONS AND QUALIFYING SCORES . The final score of each person competing in any examination shall be determined by the weighted average of the grades on all phases of the examination, according to the weights for each phase estab- lished in advance of the giving of the examination and published 12 . as a part of the announcement of the examination. The Personnel Director and department head may set minimum qualifying ratings for each phase of the examination and may provide that competitors failing to achieve such scores in any phase shall be disqualified from any further participation in the examination. 5-18 . NOTIFICATION OF EXAMINATION RESULTS . Each candidate in an examination shall be given written notice of the results thereof as soon as practicable, and if passing, shall be advised of the final earned score and rank on the appropriate employment list . 5-19 . EMPLOYMENT LISTS . As soon as possible after the com- pletion of an examination, the Personnel Director shall prepare and keep available an employment list consisting of the names of eligibles who qualified in the examination, arranged in order of score . 5-20 . DURATION OF EMPLOYMENT LISTS . Employment lists, other than those resulting from an open-competitive examination, shall remain in effect for one (1) year from the date of the last exam ination, unless sooner exhausted. Such lists may be extended prior to expiration date by the Personnel Director, when requested by the department head, for additional periods but in no event shall an employment list remain in effect for more than two (2) years . Employment lists created as a result of an open-competitive examination shall remain in effect for not more than one (1) year from the date of the last examination, unless sooner exhausted. Names placed on such lists shall be merged with others already on the list in order of scores . 5-21. REEMPLOYMENT LISTS . For each class there shall be maintained a general reemployment list consisting of the names of all persons who have occupied positions with probationary or per- manent status in the class and who have been laid off or demoted in lieu of layoff. Such names shall be placed on the list in the order of competency and length of service from highest to lowest, and shall remain thereon for a period of one (1) year unless such persons are reemployed sooner. Within one (1) year from the date of his resignation in good standing, or his voluntary demotion, the name of an employee who had probationary or permanent status may be placed on the general reemployment list at his request, and shall remain on such list for a period not to exceed one (1) year from the date of his re- quest . When a reemployment list is to be used to fill vacancies, the Personnel Director shall certify the names of eligibles 13 . there from the top of such list, and the department head may appoint such eligibles to fill such vacancies . 5-22 . REMOVAL OF NAMES FROM LIST. The name of any person on an employment, reemployment or promotional list shall be re- moved by the Personnel Director at the written request of the eligible; if the eligible fails to respond in writing, or by verbal communication, to a notice of certification mailed to the address supplied by him to the Personnel Director; or if such eligible has been certified for appointment three (3) times and has not been appointed. The person affected shall be notified of the removal of his name by notice mailed to his last known ad- dress . The names of persons on promotional employment lists who resign from the service shall automatically be deleted from such lists . 5-23. PROMOTION, TRANSFER OR REEMPLOYMENT . PHYSICAL EXAM- INATIONS . In order to be eligible for promotion or transfer to a job class in a category requiring greater physical or mental qualifications , any employee may be required to take a physical examination or participate in a psychological evaluation to de- termine if he is physically and mentally able to perform the duties of such position. Any person considered for reemployment may be required to pass an appropriate physical examination, and when desirable, participate in a psychological evaluation. All physical and psychological tests , required under this section, shall be performed by a licensed physician approved by the Personnel Director, and the cost thereof borne by the city . RULE 6 TRANSFER, PROMOTION, DEMOTION, SUSPENSION, REINSTATEMENT 6-1. TRANSFER. After notice by the department head to the Personnel Director, and written notice to the employee, an employee may be transferred from one position to another in the same or comparable class in the same department . If the transfer involves a change from the jurisdiction of one department to another, both department heads must consent thereto unless the transfer is necessary for the purpose of economy and efficiency . A transfer from one department to another may be initiated at the written request of the employee to the Personnel Director. A new probationary period shall be established for an em- ployee who transfers at his own request . A transfer shall not be used to effect promotion, demotion, 14 . reduction or termination, each of which may be accomplished only as provided in these rules . A department head may temporarily assign an employee within his department to duties either related or unrelated to his po- sition where the interests of the city so require . 6-2 . ADVANCEMENT ACCORDING TO MERIT AND ABILITY. The City Council, each department head and employee shall encourage econ- omy and efficiency in and devotion to the competitive service by encouraging promotional advancement of employees showing willing- ness and ability to perform efficiently services assigned them, and every person in the competitive service shall be permitted to advance according to merit and ability . 6-3 . ADVANCEMENT. INTERFERENCE WITH. No employee in the city shall discourage or in any manner hinder or prevent any other employee from taking any examination or taking any other action which he deems beneficial to himself. 6-4. PROMOTION. Vacancies in positions shall be filled in- sofar as consistent with the best interests of the city from among employees holding positions in appropriate classes , and ap- propriate promotional lists shall be established to facilitate this purpose, as prescribed in Section 5-14 . Open-competitive examinations shall be held when, in the judgment of the depart- ment head and the Personnel Director, such examinations will pro- duce eligible lists with more highly-skilled, qualified candi- dates . RULE 7 DISCIPLINE 7-1. DISCIPLINE. The tenure of every city employee shall be based on reasonable standards of job performance and personal and professional conduct . Failure or refusal to meet these standards shall constitute just cause for disciplinary action. All em- ployees shall be subject to disciplinary action up to and in- cluding dismissal for any one or more of the causes or grounds for discipline set forth in these rules . Disciplinary action is not primarily intended to be puni- tive but rather to maintain the efficiency and integrity of the city service . When considering disciplinary action, the supervisor shall consider, among other things , the nature and severity of the of- fense and the employee 's prior record. 7-2 . CAUSES FOR DISCIPLINE. Each of the following consti- 15 . tutes cause or grounds for discipline of an employee, or person whose name appears on any employment list : (1) Any violation of the rules set forth in this resolution. (2) Malfeasance, misfeasance, or nonfeasance of office or employment . ( 3) Fraud in securing appointment . (4) Incompetency . ( 5) Inefficiency. (6) Inexcusable neglect of duty . (7) Insubordination. (8) Dishonesty with or lying to his superiors , or others . (9 ) Failing or refusing to answer questions put to him by his superiors in connection with any matter related to his em- ployment or to the city, including his compliance or noncom- pliance with these rules . (10) Conflict of interest whether contractual or noncon- tractual, financial or nonfinancial . (11) Drunkenness on duty . (12) Addiction to the use of narcotics or habit-forming drugs , or illegal use of dangerous drugs . (13) Unauthorized absence. (14) Conviction of a felony or conviction of a misdemeanor involving moral turpitude . A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section. (15) Participating in a strike, work stoppage, slowdown, or using or attempting to use sick leave to accomplish the same purpose as a strike, work stoppage, or slowdown. (16) Defrauding the city by making false claims for compensation or benefits or reimbursements . (17) Making a false industrial accident claim against the city. 16 . (18) Improper political activity which prevents him or other city employees from the efficient performance of his or their employment with the city or has a disruptive effect on the efficiency or integrity of the city service or the depart- ment in which such employee is employed. (19) Failure or refusal to cooperate with supervisory personnel or other employees when failure to do so is inimical to the efficiency of the city service . (20) Misuse or misappropriation of city property or funds . (21) Gambling for money or articles of value on city property or during employee 's working hours . (22) Tardiness . (23) Abuse of sick leave privileges by reporting sick when not sick or obtaining sick leave pay falsely or under false pretenses . (24) Refusal to take and subscribe any oath or affirma- tion which is required by law or these rules in connection with his employment . (25) Refusing to report on official call in an emergency . (26) Violation of departmental rules and regulations duly promulgated in accordance with these rules . (27) Intentionally misrepresenting information or facts in any statement, declaration or affidavit duly required of an employee under these rules . (28) Engaging in, with or without compensation, any em- ployment, activity, or enterprise, or performing any act , or omission which is clearly inconsistent, incompatible, in con- flict with, or inimical to his duties as an employee, or the best interests of the city, or with the duties , functions , responsibilities or efficiency of the department in which he is employed or the city service . (29 ) Any conduct, act or omission either during or outside of duty hours which is of such nature that it causes discredit to his department or his employment, or which conduct , act or omis- sion has a disruptive effect on the efficiency or integrity of the public service . (30) Any dishonest or wrongful conduct or cheating, whether by act or omission, during or outside duty hours , which is incom- 17 . patible with or reflects unfavorably upon the employee 's employ- ment with the city . (31) Asking, receiving, or agreeing to receive any bribe, gratuity or reward of any kind upon any understanding that his action shall be influenced thereby, or shall be given in any particular manner, or upon any particular question or matter upon which he may be required to act in his capacity as a city employee; or attempting by menace, deceit, suppression of truth, or any corrupt means to influence another employee to commit any act, conduct or omission which is clearly inconsistent , incompatible, in conflict with, or inimical to the best in- terests of the city . (32) The employee' s earnings have been subjected within a twelve-month period to garnishments for the satisfaction of more than one judgment . (33) No employee, while giving his deposition or testi- fying in an adversary court proceeding, shall give any expert opinion on behalf of the city' s adversary party . Behavior con- trary to that prescribed in this rule shall constitute a con- flict of interest . Every employee who is noticed for deposition or is sub- poenaed, called or requested to testify at a trial in which the city is a party shall immediately, upon receipt of such notice, subpoena, call or request, notify his department head or superior, and the Office of the City Attorney . No employee shall meet, confer or discuss with any party and/or such party ' s attorney any matters in any pending litigation or trial in which the city is a party without first giving notice of such intended meeting, conference or discussion to his department head or supervisor, and the Office of the City Attorney. The City Attorney, or a member of his staff, shall be in attendance at any such meeting, conference or discussion for the purpose of protecting the city 's interest, unless , in the judgment of the City Attorney or a member of his staff, such attendance is not necessary under the circum- stances . Such employee shall not discuss with the city 's ad- versary party or his counsel the case or any matter related to pending or proposed litigation in which the city is a party, without the presence of the city ' s legal counsel. This subrule does not apply to any city employee who is the city ' s adversary party in litigation. 7-3. DEMOTION. No employee shall be demoted to a position for which he does not possess the minimum qualifications . In those instances where demotion has not been requested by the em- ployee , written notice of such demotion shall be given to the 18 . Personnel Director by the department head at least seven (7) calendar days prior to the effective date of the demotion, and to the employee at least three ( 3) calendar days prior to said date . (a) Involuntary Demotion. An employee may be demoted: (1) When his standard of performance falls below that set for his particular class ; (2) When he becomes physically or mentally incapable of performing the duties of his position; (3) For disciplinary purposes; or (4) In lieu of layoff. (b) Voluntary Demotion. An employee may request a voluntary demotion for any reason. Such voluntary demotion shall require the approval of his department head and that of the head of the department to which the employee will be assigned, and the City Administrator. An employee requesting voluntary demotion may be placed at any salary step of the appropriate salary schedule which does not provide an increase in pay . Such employee shall serve for six (6 ) months in a probationary status and receive a new merit adjustment date for the purpose of performance evaluation. No employee may obtain a demotion to a position for which no vacancy exists . (c) Demotion in Lieu of Layoff. Where a vacancy exists in the competitive service, and in lieu of being laid off, an em- ployee may elect demotion to : (a) any class with the same or a lower maximum salary substantially as that in which he had served under permanent or probationary status ; or (b) a class in the same line of work as the class layoff, but of lesser responsi- bility, if such class exists and is designated by the Personnel Director. Whenever such a demotion requires a layoff in the elec- ted class , the seniority score for the demoted employee shall be recomputed in that class . The Personnel Director shall notify the employee in the notice of layoff of the classes to which he has the right to demote . To be considered for demotion in lieu of layoff, an employee must notify the Personnel Director in writ- ing of his election not later than five (5) calendar days after receiving notice of layoff. Any employee demoted pursuant to this subsection shall receive the maximum of the salary range of the class to which he is demoted; provided, that such salary is not greater than the salary he received at the time of demotion. 7-4 . SUSPENSION WITH PAY . An employee may be suspended with pay by a department head, or in the case of a department head, by the City Administrator, with immediate notification to 19 . the Personnel Director, for a period not to exceed thirty (30) days where an investigation is being conducted to determine the validity of charges against such employee or department head. If the charges against the employee or department head are found to be valid, and if the employee or department head is dismissed from the service in accordance with the provisions of these rules and regulations , the amount paid such employee or department head while under suspension, pursuant to this section, shall be de- ducted from terminal monies due such employee or department head. 7-5 . SUSPENSION WITHOUT PAY. A department head, or any person authorized by him, may suspend without pay an employee for one or more of the causes for discipline specified in Sec- tion 7-2 of this rule by notifying the employee in writing of the action, pending service upon him of a formal, written notice . Such action is valid only if formal, written notice, meeting the requirements set out herein, is served on the employee and filed with the Personnel Director as soon as possible after the effec- tive date of the disciplinary action. The formal notice shall be served upon the employee personally or by mail and shall include : (a) a statement of the nature of the disciplinary action; b) the effective date of the action; and (c) a state- ment in ordinary and concise language of the grounds for sus- pension. 7-6. DISMISSAL. A department head, or any person author- ized by him, may dismiss an employee for one or more of the causes for discipline specified in Section 7-2 of this rule by notifying the employee in writing of the action, pending serv- ice upon him of a formal, written notice . Such action is valid only if formal, written notice, meeting the requirements set out herein, is served on the employee and filed with the Per- sonnel Director as soon as possible after the effective date of the disciplinary action. The formal notice shall be served on the employee personally or by mail and shall include : (a) a statement of the nature of the disciplinary action; (b) the effective date of the action; and (c) a statement in ordinary and concise language of the grounds for dismissal . The suspension of an employee under Section 7-5 above shall not preclude the dismissal of such employee under this section. 7-7. DEPARTMENT HEAD DISCIPLINE AND DISMISSAL. A depart- ment head in the competitive service may be suspended, demoted or dismissed by the City Administrator, as provided by Sec- tion 604(a) of the Charter, for any one or more of the causes for discipline specified in Section 7-2 of this rule, subject to the grievance procedure set forth in Rule 20 of this reso- lution. 20 . 7-8. INVESTIGATION OF CHARGES . The appointing authority shall have the power to investigate, or cause to be investi- gated, the activities or conduct of any employee under his charge which reasonably constitutes a cause for discipline under these rules . The appointing authority shall have the power to compel the attendance at any investigatory meeting of any witness, whether or not such witness is an emloyee, and to administer oaths or affirmations in conjunction there- with. 7-9 . DISMISSAL FROM SERVICE. EFFECT . Dismissal of an employee from the service shall: (a) Constitute a dismissal as of the same date from any and all positions which the employee may hold in the competitive service . (b) Result in the automatic removal of the employee 's name from any and all employment lists on which it may appear. (c ) Terminate the salary of the employee as of the date of dismissal except that he shall be paid any earned but un- paid salary, and paid for any and all unused and accumulated vacation, sick leave, as provided in Section 18-14 hereof, or overtime to his credit as of the date of dismissal . Where an appeal is taken to the appellate authority from an order of dismissal, the vacancy in the position shall be considered a temporary vacancy pending final action by the appellate authority and the department head, and may be filled only by a temporary or provisional appointment . 7-10 . REINSTATEMENT. An employee who has been demoted or dismissed may be reinstated to his former position as a result of a successful appeal. In such event, the employee shall be returned to his former position and shall be entitled to any salary and benefits lost as a result of disciplinary action. Provided, however, that whenever the appellate authority revokes or modifies a disciplinary action and orders that the employee be returned to his former or a comparable position, it shall direct the payment of salary and benefits to the em- ployee for such period of time as the appellate authority finds the disciplinary action was improperly in effect . Salary or benefits shall not be authorized or paid for any portion of a period of disciplinary action that the em- ployee was not ready, able and willing to perform the duties of his position, whether such disciplinary action is valid or not or the causes on which it is based state facts suf- ficient to constitute cause for discipline . 21 . From any such salary there shall be deducted compensation that the employee earned, or might reasonably have earned, during any period commencing more than six months after the initial date of the suspension. RULE 8 TERMINATION 8-1. MEDICAL EXAMINATION: EVALUATION OF EMPLOYEE'S WORK CAPACITY. DEMOTION, TRANSFER OR TERMINATION OF APPOINTMENT. In accordance with these rules , the department head may require an employee to submit to a medical examination or psychological evaluation to assess the capacity of the employee to perform the work of his position. The employee may designate a physician to consult with the department head and with the physician selected by the Personnel Director concerning the need for and advisability of a medical examination before it is made. The Personnel Director may also designate one or more physicians to conduct the examination when it is required. When requested by the employee, the Personnel Director shall provide a list of three physicians from which the employee may select the physician to be designated by the Personnel Director to do the examination. Fees for the examination shall be paid by the city . The employee may submit medical or other evidence to the examining physician and to the department head. The department head, after considering the medical report and other pertinent information, shall make a decision, based on such report and information, that the employee is or is not able to perform the work of his present position. If the de- partment head determines that the employee is unable to per- form the work of another position, including one of less than full time, the department head may demote or transfer the em- ployee to such a position. The employee demoted or transferred pursuant to this section shall receive the maximum of the salary range of the class to which he is demoted or transferred, provided that such salary is not greater than the salary he received at the time of his demotion or transfer. When the department head determines upon the findings of the medical report that the employee is permanently unable to perform the work of his present position, or when, in the judg- ment of the Personnel Director, it is determined that the em- ployee is unable to perform the functions of any other po- sition in the competitive service, or that there are no po- sitions available in which to place such employee, and the employee is not eligible or elects not to accept disability or service retirement, the department head may terminate the 22 . appointment of the employee. The employee shall be given written notice of termination fifteen (15 ) days prior to the effective date of such termination. 8-2. LAYOFF. GROUNDS . Whenever it is necessary because of lack of work or funds to reduce the staff of a city de- partment, a department head may lay off employees pursuant to these rules and regulations . Whenever an employee is to be separated from the com- petitive service because the tasks he was assigned are to be eliminated or substantially changed due to management-initiated changes, including but not limited to automation or other tech- nological changes, it is the policy of the city that steps shall be taken on an interdepartmental basis to assist such employee in locating, preparing to qualify for, and being placed in other positions in the competitive service . This shall not be construed as a restriction on the city government in effect- ing economies or in making organizational or other changes to increase efficiency. 8-3 . LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE. DE- TERMINATION OF LENGTH OF SERVICE. PROFESSIONAL, SCIENTIFIC AND EXECUTIVE CLASSES . Layoff shall be made in accordance with the relative length of service of the employees in the class of layoff, provided, however, that no permanent employee shall be laid off until all temporary, acting and probationary employees in the competitive service holding positions in the same class in the same department are first laid off. Except as otherwise provided in this part, in determining length of service scores , one point shall be allowed for each complete month of full-time service in the class of layoff or demotion and in classes that, at the time notice of layoff is given, have the same or a higher maximum salary . One-half point shall be allowed for each complete month of full-time service in all other classes . For professional, scientific, administrative, management, and executive classes, employee efficiency shall be combined with length of service in determining the order of layoff and the order of names on reemployment lists . Standards and methods of determining competency may vary for different classes, and shall take into consideration the needs of the competitive service and practice in private industry and other public em- ployment . 8-4. ORDER OF LAYOFF WHEN COMBINED SCORES ARE EQUAL. As between two or more employees having the same layoff score, the order of layoff shall be determined by giving preference for retention in the following sequence : (1) employee with greatest total calendar time in the class in which the layoff 23 . is being made and in classes with the same or higher maximum salary; (2) employee with greatest total calendar time in city service; and (3) employee whose name is drawn by lot . As between two or more employees in a professional, scientific, administrative, management or executive class having the same layoff score, the employee who has the lower rating for current performance shall be laid off first . If distinction cannot be made between two or more such employees with the same score by this means, the other preferences pro- vided in this rule shall apply . 8-5 . PLACING NAMES OF EMPLOYEES TO BE LAID OFF OR DE- MOTED ON REEMPLOYMENT LISTS . The names of employees to be laid off or demoted shall be placed upon an appropriate re- employment list and upon the general reemployment list for the class from which the employees were laid off or demoted. Such names may also be placed upon the general reemployment list for such other appropriate classes as the Personnel Di- rector determines . 8-6. SALARY OF EMPLOYEE CERTIFIED TO POSITION AFTER LAY- OFF OR DEMOTION. An employee who is certified to a position in a class after layoff, or demotion in lieu of layoff, shall receive not less than the same step in the salary range as he received in the position in that class prior to such layoff or demotion. 8-7 . NOTICE OF LAYOFF. ELECTION TO ACCEPT LAYOFF PRIOR TO EFFECTIVE DATE. An employee compensated on a semimonthly basis shall be notified that he is to be laid off fifteen (15) days prior to the effective date of layoff and not more than sixty (60) days after the date of the length-of-service com- putation. The notice of layoff shall be in writing and shall contain the reason or reasons for the layoff. The em- ployee to be laid off may elect to accept such layoff prior to the effective date thereof, and should notify the depart- ment head and the Personnel Director orally or in writing of such election. 8-8 . RESTRICTIONS ON APPOINTMENTS . Upon recommendation of the Personnel Director, the methods of appointment avail- able to the department head may be restricted if such restric- tion is deemed necessary in the placement in other competitive service positions of employees whose positions have been or are about to be changed substantially or eliminated by manage- ment-initiated changes . 8-9 . ASSIGNMENT OF DUTIES TO ANOTHER. The duties per- formed by any employee laid off may be assigned to any other employee or employees holding positions in appropriate classes . 24 . 8-10 . RESIGNATION. An employee who wishes to leave the competitive service shall give at least two (2) weeks written notice to his department head, stating the effective date of separation and reasons for leaving; provided, however, that such two-week notice may be waived if approved by the depart- ment head. The resignation shall be forwarded to the Personnel Director with an evaluation of the work performance of the em- ployee by the department head as well as other pertinent in- formation concerning the cause of resignation. Failure to com- ply with this rule shall be entered in the service record of the employee and may result in denying future employment to such employee by the city . The department head shall immediately re- port to the Personnel Director any resignation without proper notice . 8-11 . REEMPLOYMENT. With the approval of the Personnel Director, an employee who has resigned in good standing from the competitive service may be reemployed to his former po- sition, if vacant, or to a vacant position in the same or a comparable class within one (1) year from date of resig- nation. RULE 9 PROBATION 9-1. OBJECT OF PROBATIONARY PERIOD. The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing the employee 's work; for securing the most effective adjustment of an employee to his position; or for reviewing any probationary employee whose performance does not meet the required standards of the job to which he was appointed. 9-2. REQUIREMENT. LENGTH. An appointment from an em- ployment list or promotional list is not permanent until satisfactory completion of a probationary period of not less than six (6) months or more than one (1) year. In cases where the original probationary period is less than one (1) year, the department head, in his sole and unlimited dis- cretion, may extend such probationary period from time to time, but in no event shall the total probationary period and extensions thereof exceed one (1) year. Such extension shall be noted in the employee 's personnel record. 9-3 . SALARY ADVANCEMENT AT COMPLETION OF PROBATION. When a probationary employee on Step "A" completes six (6) months in service as such probationary employee, provided such performance has met the standards for the position which he occupies , he shall receive a salary advancement to Step "B . rr Such employee 's anniversary date, for purposes of future merit 25 . step increases shall be the date of advancement to Step "B, " unless such further advancement is deferred in accordance with Rule 14-2. 9-4. REJECTION OF PROBATIONARY EMPLOYEE. During the probationary period, or any extension thereof, an employee may be rejected at any time by the department head without cause and without the right of appeal . Notification of re- jection in writing shall be furnished the probationary em- ployee, and a copy shall be filed with the department head and the Personnel Director. RULE 10 TRAINING FOR EMPLOYEES 10-1. TRAINING. TYPE OF. The city encourages the im- provement of service of employees by providing opportunity for training, including training for advancement and for general fitness for public service . Responsibility for de- veloping programs for training employees shall be assumed jointly by the Personnel Director and department heads . Such training programs may include lecture courses, demonstrations , assignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties . 10-2 . CREDIT FOR TRAINING. Participation in, and suc- cessful completion of special training courses may be con- sidered in effecting adjustments and promotions . Evidence of such training shall be submitted by the employee to his de- partment head, who in turn shall forward such information to the Personnel Director for inclusion in the employee 's per- sonnel file . RULE 11 OUTSIDE EMPLOYMENT An employee in the competitive service may not engage in employment other than his job with the city except with the written approval of his department head, and only if such em- ployment does not interfere with the performance of assigned duties and does not constitute a conflict of interest . Prior to doing any outside work or engaging in any out- side business activity, pursuant to written permission from his department head, all employees shall be required to sign a waiver of any rights they may have under Section 4850 of the Labor Code of the State of .California for compensation in case 26 . of any injury or illness sustained during such outside em- ployment or business activity, or any aggravation of any in- jury or illness which was sustained while on regular duty by, through or during such outside employment or business activity . Such waiver shall be on forms provided by the Personnel Direc- tor. Sick leave shall not be used to recover from an illness or injury which results from any outside employment engaged in by the employee. RULE 12 CLASSIFICATION PLAN 12-1. ALLOCATION OF POSITIONS TO APPROPRIATE CLASSES . CRITERIA. Every position in the competitive service shall be allocated to the appropriate class in the classification plan. The allocation of a position to a class shall derive from and be determined by the ascertainment of the duties and responsi- bilities of the position and shall be based on the principle that all positions shall be included in the same class if: (a) Sufficiently similar in respect to duties and re- sponsibilities that the same descriptive title may be used. (b) Substantially the same requirements as to education, experience, knowledge and ability are demanded of applicants . (c ) Substantially the same tests of fitness may be used in choosing qualified appointees . (d) The same schedule of compensation can be made to apply with equity . 12-2 . CREATION OF PLAN. The Personnel Director, or an agency designated by him, shall be responsible for preparing and maintaining class specifications for all positions . The plan shall include, but not be limited to, a descriptive title and a definition outlining the scope of duties and responsi- bilities for each class of position. 12-3 . ADOPTION OF PLAN . Before the classification plan or any part thereof shall become effective, it shall first be approved by the Personnel Board. Upon adoption by the City Council by resolution, the provisions of the classification plan shall be observed in the handling of all personnel actions and activities . 12-1 . PERSONNEL BOARD, HEARINGS . The classification plan, or any amendment or revision thereto, shall be recommended 27. to the City Council by the Personnel Board following a public hearing thereon before such Board, duly noticed in writing at least ten (10) days prior to such hearing to department heads and recognized employee organizations, and posted on official bulletin boards in the civic center. The City Council shall either adopt or reject such plan, amendments or revisions thereto, and if rejected, Council shall refer such plan, amendments or revisions, back to the Personnel Board with reasons for rejection, and its recommendations there- on. Additional public hearing, or hearings , shall be held by the Board on such recommendations prior to retransmittal to Council. The Council shall adopt no classification plan, or any amendment or revision thereto, until such plan, amendment or revision has first been the subject matter of a public hearing before the Personnel Board. 12-5 . REALLOCATION OR RECLASSIFICATION OF POSITIONS . From time to time as deemed necessary, the Personnel Director and department head may recommend and the Personnel Board may establish additional classes and divide, combine, alter, or abolish existing classes . When such actions are taken the Board shall determine in each instance whether positions affected are to be reallocated to another class or classes after taking into account the duties and responsibilities, qualifications , performance standards, and other related criteria before and after the change and shall de- termine the status of the probationary and permanent employees affected. 12-6 . HEARING ON ALLOCATION OR REALLOCATION OF POSITION. Reasonable opportunity to be heard shall be provided by the Board to any employee affected by the allocation or realloca- tion of his position. 12-7 . STATUS OF EMPLOYEE UPON REALLOCATION OF POSITION. CHANGE . Upon the reallocation of a position, other than by action of the Board under Section 12-5 hereof, the incumbent of the position shall not thereby gain status in the new class . Change in status of the incumbent may be accomplished only in accordance with the appropriate sections of this part and these rules relating to layoff, transfer, demotion or promotion. 12-8 . ESTABLISHMENT OF NEW POSITIONS . REPORTS BY DE- PARTMENT HEADS . Positions in the competitive service may be established by the respective department heads , subject to budgetary authorization and the availability of funds . Each department head shall promptly report to the Personnel Direc- tor for transmittal to the Personnel Board his intention to establish new positions in order that such positions may be classified and allocated, and shall so report material changes in the duties of any position in his jurisdiction. No person 28 . shall be appointed or employed to fill any new position until the classification plan shall have been amended to provide an appropriate employment list established for such position. 12-9 . RECLASSIFICATION. Positions, the duties of which have changed materially so that reclassification becomes nec- essary, shall be allocated by the Personnel Director to a more appropriate class , whether new or already in existence . Re- classification shall not be used for the purpose of avoiding restrictions surrounding demotions or promotions . 12-10 . TEMPORARY EMPLOYEES . A position which is not authorized in the budget and which shall exist for not longer than six (6) months in any one fiscal year shall be considered temporary . Employees occupying temporary positions shall not be included in the competitive service and shall not be sub- ject to these rules and regulations . The wages, hours and working conditions for temporary employees shall be prescribed by the Personnel Director and department head according to the needs of the city and its respective departments . RULE 13 COMPENSATION SCHEDULE 13-1. POLICY. It is hereby declared that it is the policy of the city that salary ranges shall be set for classifications and not the individual who occupies a po- sition in such classification; that the salary range for each classification is based on the principle that like salaries shall be paid for comparable duties and responsibilities; that the performance of the individual shall not be con- sidered; and that the compensation schedule shall not be used to take punitive or disciplinary action against any employee or to reward any employee, or to circumvent the provisions of these personnel rules . 13-2 . COMPENSATION SCHEDULE. PREPARATION OF. The Per- sonnel Director shall prepare a compensation schedule fol- lowing the adjustment of wages, fringe benefits and other mat- ters within the scope of representation, pursuant to memoranda of agreement concluded between recognized employee organiza- tions and the city, and pursuant to Section 11 of Resolution No. 3335, "Employer-Employee Relations Resolution . " 13-3 . AMENDMENTS TO SCHEDULE. Such schedule shall be amended by the Personnel Director from time to time in order to reflect changes . 29 . RULE 14 ADDITIONAL PAY AND PAY ADJUSTMENT 14-1. MERIT SALARY ADVANCEMENT. Any employee, includ- ing a probationary employee, who has completed one year' s service in any salary step above Step "A, " provided his per- formance reports indicate that he has met the standards for the position, shall receive a salary advancement to the next higher step . 14-2 . DEFERMENT . When, in the judgment of the appoint- ing authority, the performance of an employee has not met the standards for the position which he occupies, he shall not re- ceive the salary advancement described in Section 14-1 above . The appointing authority may defer his recommendation for merit salary advancement for periods of three (3) months each pending additional performance evaluations and reports . Dur- ing each such three-month period a performance evaluation and report shall be made by the appointing authority . When the employee 's performance is up to standard, as reflected in such reports , he shall then receive a salary advancement to the next higher step. 14-3 . MERIT SALARY ADVANCEMENTS NOT AFFECTED BY AU- THORITY TO FIX SALARIES . Merit salary advancements shall be made for employees in accordance with this rule, not- withstanding the power now or hereafter conferred on any authority to fix or approve the fixing of salaries, unless there is not sufficient money available for the purpose, and in such event, the Director of Finance shall so certify . 14-4 . CUMULATIVE RIGHT TO MERIT ADVANCEMENTS . The right of an employee to merit salary advancements, except as provided in Section 14-2, is cumulative for a period not to exceed two (2) years and he shall not, in the event of an insufficiency in the fiscal budget, lose his right to such advancements for the intermediate steps to which he may be entitled for such period. 14-5 . BUDGET PROVISION FOR SALARY ADVANCEMENTS . In submitting budgetary requirements to the Director of Finance, each department head shall carefully estimate and call at- tention to the need for money sufficient to provide for merit salary advancements for the employees under his jurisdiction. 14-6 . SALARY ADVANCEMENTS TO MEET RECRUITING PROBLEMS OR TO GIVE CREDIT FOR PRIOR SERVICE . APPLICATION FOR OTHER ADVANCEMENTS. The Personnel Director may authorize payment at any step above the minimum salary rate to classes or po- sitions in order to meet recruiting problems, to obtain a 30 . person who has extraordinary qualifications, to correct salary inequities resulting from actions by department heads, or to give credit for prior city service in connection with appointments, promotions , reinstatements, transfers, re- classifications, or demotions . Other salary adjustments within the salary range for the class may be made by the Per- sonnel Board, upon application by the department head, trans- mitted to the Board by the Personnel Director, together with his recommendation. Advancements within the salary range authorized by this rule may be either permanent or temporary, and may be effective as of the date of application for such change . 14-7 . AUTHORIZATION OF PAYMENT ABOVE MAXIMUM RATE OF CLASS . Employees in a particular class shall receive a sal- ary within the limits established for that class; provided that when a position has been reclassified to a lower class or the salary range or salary rate of the class is reduced, the Board may authorize the payment to an employee of a rate above the maximum of the class . During such time as an em- ployee ' s salary remains above the maximum rate of pay for his class , he shall not receive further salary increases . 14-8. OVERTIME COMPENSATION. Overtime shall be any time in excess of the basic work shift . Fire Department per- sonnel on twenty-four (24) hour shifts shall have a basic duty week of fifty-six (56) hours . All other employees shall have a basic work week of forty (40) hours . Employees shall be compensated for overtime at the hourly equivalent of their monthly salary rate, or by equiv- alent compensatory time off, except that Fire Department per- sonnel on emergency call shall be compensated at the hourly equivalent of the appropriate salary rate based on a forty (40 ) hour week. Compensatory time may be accumulated to a maximum of 120 hours . All other time in excess of the basic work week shall be paid overtime . Department heads and key personnel, listed by classifi- cation in Addendum I hereof, shall not be eligible for over- time compensation. Time off for such employees may be granted by the City Administrator and department heads, respectively . 14-9 . COMPENSATION AFTER PROMOTION. A permanent or probationary employee who, without a break in service, moves to another class with a maximum salary limit at least two steps higher shall be entitled to the step in the salary range next above the rate he has last received, except that an em- ployee who returns to such a class from which he has been de- moted in lieu of layoff may not receive a salary step higher than he would be receiving had his employment in the class 31. been continuous . A new merit adjustment date for pay in- creases shall be established for such employees . An employee who, on his merit adjustment date, moves to a class with a higher salary range shall first receive any merit salary adjustment to which he is entitled and then his minimum adjustment under this rule . Acting appointments to higher positions shall be compen- sated in like fashion. 14-10 . COMPENSATION AFTER DEMOTION. Any employee who is demoted because his standard of performance falls below reasonable standards set for his particular class , and any employee who has been demoted for disciplinary purposes shall be placed in the step of the lower salary range that will provide a pay decrease of not less than two (2) ranges . Such employees shall be given a new merit adjustment date for pay increase purposes . The provisions of this section shall not apply to demotion in lieu of layoff or demotion under Section 8-1 after medical examination. 14-11. REDUCTION . Any employee whose performance falls below reasonable, minimum standards, set for his position by the appointing authority, may be given a reduction in pay where substantial evidence exists supporting such action and the following procedure is followed: (a) The employee 's appointing authority shall cause to be served upon such employee a written notice, with copy to the Personnel Director, advising such employee that his per- formance is below reasonable, minimum standards, stating specifically in what way his performance is substandard, and setting forth what is expected of the employee to bring his performance up to such minimum standards . Such notice shall further state that unless the employee brings his per- formance up to such minimum standards within a stated period of time , not less than sixty (60) days or more than six (6) months after the date such notice is served on him, such em- ployee may be given a reduction in pay . (b) If such employee does not bring the level of his performance up to such minimum standards during such no- ticed period of time the employee 's appointing authority may, at the conclusion of such time period, reduce the employee 's pay . (c) The application of this section shall not limit the application of Rule 7 to such employee . 14-12 . STANDBY PAY. Any off-duty employee assigned by 32 . his department head to standby duty shall be paid for two (2) hours at his current rate of compensation in addition to time worked, if any, while on such standby duty . If an emT ployee is assigned standby duty on a city holiday, such em- ployee shall be paid for three (3) hours in addition to time worked, if any, while on standby assignment . 14-13 . APPLICATION OF PAY RATE. ENTIRE COMPENSATION. Unless otherwise indicated in the compensation plan, the rates of pay set forth represent the total compensation in every form except for overtime pay . Each employee shall be paid at one of the established steps in the salary range for his class unless the Personnel Board, in accordance with provisions set out in Section 14-6, authorizes a rate above the maximum of the class . 14-14. PAYROLL DEDUCTIONS . Employees may authorize the following deductions from their pay : (a) Group insurance premiums . (b ) Loans or savings in the Employees ' Credit Union. (c) Contributions to a charitable program approved by the city . (d) Recognized employee association dues . (e) Other deductions approved by the City Administrator. RULE 15 REPORTS AND RECORDS 15-1 . EMPLOYEE'S PERFORMANCE REPORT . Each appointing authority or supervisor having immediate charge of an em- ployee or group of employees , shall make or cause to be made, on forms provided by the Personnel Director, performance re- ports for all individuals in the competitive service under his charge . The employee performance report shall be prepared not later than fifteen (15) days preceding the conclusion of six (6) months service after regular appointment from an employment list, and after any change in status of any em- ployee in the competitive service. An employee performance report shall be prepared not later than fifteen (15) days preceding the conclusion of twelve (12) months service, and annually thereafter. Performance reports shall be considered in promotional examinations and actions relating to merit ad- justments , transfer, demotion, or other changes affecting the status of an employee . 15-2 . PERFORMANCE EVALUATION. Performance evaluation shall be governed by the following : 33 . (a) The evaluation of work performance provides recog- nition for effective performance and identifies aspects of performance which could be improved. (b) Performance valuation is a continuing responsi- bility of all appointing authorities and supervisors , and ap- pointing authorities and supervisors shall discuss performance informally with each employee as often as necessary to insure effective performance throughout the year. (c) Each appointing authority or supervisor shall com- plete the employee performance report in triplicate and shall discuss with the employee his overall work performance at least once in each twelve (12) calendar months following the end of his probationary period for the purpose of informing the employee of the caliber of his work, helping the employee recognize areas where performance could be improved and de- veloping with the employee a plan for accomplishing such im- provement . (d) Performance reports shall be signed and dated by the appointing authority, the supervisor and employee . The original form shall be filed in the employee 's official per- sonnel file, and a copy shall be kept by the appointing authorities or supervisors of the respective departments . A copy shall be given to the employee . (e) An appeal from a performance report may be made by any employee. 15-3 . CHANGE IN STATUS REPORTS . Every appointment, transfer, promotion, demotion, merit adjustment, change in salary rate or any other temporary or permanent change in status of employees shall be reported to the Personnel Di- rector in the manner prescribed by him. 15-4 . PERSONNEL FILES . The Personnel Director shall in- sure that a personnel file and service record card for each employee in the competitive service is maintained showing the name , title of position held, department to which assigned, salary, changes in employment status and other pertinent in- formation. Such files shall be confidential and shall not be open to inspection of any person except under the follow- ing circumstances : (a) When connected with the city service, such file may be inspected by the appointing authority . (b ) With written permission from the employee . (c) When required by law. 34 . 15-5 . DESTRUCTION OF RECORDS . The personnel record of any person employed by the city shall be kept for a period of not less than five (5) years after termination. RULE 16 NEPOTISM 16-1. RELATIVES . APPOINTMENT PROHIBITED. The City Council shall not appoint to a salaried position under the city government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Administra- tor or any department head or other officer having appointive power appoint any relative of his or of any councilman within such degree to any such position . 16-2 . EMPLOYMENT OF SPOUSE PROHIBITED . No person shall be employed as a permanent employee who is married to a per- manent employee . 16-3 . MARRIAGE OF PERMANENT EMPLOYEES . In the event two persons employed in the same city department marry each other, one of such employees shall be transferred to a com- parable position, if any exists , in another city department. When no position is available, and a transfer cannot be ef- fected within 120 calendar days from the date of marriage, one of such employees shall be terminated. 16-4 . RELATIVES . EMPLOYMENT PROHIBITED . No persons related by blood or marriage within the third degree shall be employed in the same city department . 16-5 . PRESENT EMPLOYEES EXEMPTED . This rule shall not affect persons related by blood or marriage within the third degree who are in the city 's employ on the effective date of this resolution. RULE 17 DEPARTMENTAL RULES AND REGULATIONS Department heads may establish and promulgate rules and regulations , filed with the Personnel Director, which shall govern employees in such departments . Such rules and regulations shall not be inconsistent with the rules and regulations contained herein. Employees in the re- spective departments shall be furnished a copy of such rules and regulations so that they may be aware of spe- cial requirements , prohibitions and standards of conduct . 35. RULE 18 ATTENDANCE AND LEAVES 18-1. ATTENDANCE . Employees shall be in attendance in accordance with these rules and regulations governing hours of work, leaves and holidays . All departments shall maintain daily attendance records for employees which shall be reported to the Finance Director on the form and dates specified by him. 18-2 . ANNIVERSARY DATE. For the purpose of computing vacation and sick leave, an employee 's anniversary date shall be the most recent date on which he commenced full-time, city employment . 18-3 . ANNUAL VACATION. The purpose of annual vacation is to provide a rest period which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation with pay EXCEPT the fol- lowing: (a) Employees who have not completed six (6) months con- tinuous service with the city . (b ) Employees who work less than full time . (c) Employees on leave of absence . 18-4 . VACATION ALLOWANCE. Permanent employees in city service, having an average work week of forty (40) hours, shall earn annual vacations with pay in accordance with the following: (a) Six months or more continuous service = 96 working hours . (b) Six through ten years continuous service = 112 working hours . (c ) Eleven through fifteen years continuous service = 128 working hours . (d) Fifteen years and over continuous service = 160 work- ing hours . Credit shall be given for fractions of months over one- half. Permanent, part-time employees assigned a work schedule of less than 2080 and more than 1040 hours per year shall receive vacation in one-half the amounts set forth above . Permanent employees, having an average work week of fifty- 36 . six (56) hours , shall receive annual vacations with pay in a manner corresponding to that earned by permanent employees working the standard, forty-hour week. 18-5. VACATION. WHEN TAKEN. No employee shall be per- mitted to take a vacation in excess of actual time earned, and vacation shall not be accrued in excess of 320 hours . Va- cations shall be taken only with permission of the department head; however, the department head shall schedule all vaca- tions with due consideration for the wish of the employee and particular regard for the need of the department . 18-6 . HOLIDAYS OCCURRING DURING VACATION. In the event one or more municipal holidays falls within a vacation period, such day or days shall not be charged against the vacation allowance, but the vacation may be extended accordingly . 18-7 . TERMINAL VACATION PAY . No employee shall be paid for unused vacation other than upon termination of employment at which time such terminating employee shall receive compen- sation at his current salary rate for all unused, earned va- cation to which he is entitled up to and including the effec- tive date of his termination. 18-8 . SICK LEAVE . As used in this rule, "sick leave" means the necessary absence from duty of an employee because of: (a) His illness or injury . (b ) His exposure to contagious disease . (c ) His dental, eye, and other physical or medical exam- ination or treatment by a licensed practitioner. (d) His required attendance, not to exceed a total of five ( 5) days in any calendar year, upon his ill or injured spouse, child, or stepchild residing in the immediate household of the employee . 18-9 . SICK LEAVE ALLOWANCE. Probationary and per- manent employees shall accrue sick leave at the rate of eight (8) hours a month, or any major portion thereof. Permanent , part-time employees , assigned a work schedule of less than 2080 hours per year, shall accrue sick leave at the rate of four (4 ) hours per month, or any major portion thereof. No limitation shall be placed on the number of hours which may be accumulated, and sick leave may be earned from the orig- inal date of employment . An employee who has exhausted his sick leave may, in lieu thereof, substitute accrued vacation or any earned com- 37 . pensatory time off. 18-10 . SICK LEAVE DISALLOWED . No employee shall use sick leave for any of the following: (a) Disability or illness arising out of or sustained while engaged in outside work or business activity . (b) Because of intoxication or recovery therefrom. (c) Because of use of narcotics or other habit-forming drugs , or recovery from the use thereof, unless such narco- tics or drugs have been prescribed for the employee 's use by a licensed practitioner. 18-11 . EVIDENCE OF NEED FOR SICK LEAVE . The department head shall approve sick leave only after having ascertained that the absence was for an authorized reason. He may re- quire the employee to submit substantiating evidence includ- ing, but not limited to , a physician' s certificate and/or an affidavit on a form prescribed by the department head and approved by the Personnel Director. If the department head does not consider the evidence adequate, he shall dis- approve the request for sick leave, and indicate on the pay- roll form that such absence shall be uncompensated and charged to lost time . A department head may impose additional dis- ciplinary measures , including dismissal from the competitive service, when any employee fraudulently obtains sick leave or abuses the sick leave privilege . 18-12 . EXTENDED SICK LEAVE . On written request of a permanent employee, the department head may give written authorization for leave of absence without pay for any nec- essary period provided: (a) The employee has exhausted all vacation, compensa- tory time off and sick leave to his credit . (b) The employee has furnished his department head a certificate from the attending physician stating the nature of the illness and the estimated time necessary for recovery . In the case of department heads such authorization may be given by the City Administrator. Prior to resuming his duties , the employee may be re- quired to submit to a physical examination at the expense of the city . The employee ' s personnel record and the result of such medical examination shall determine the employee 's fitness to return to work. 38 . 18-13 . ILLNESS OCCURRING DURING VACATION. An employee who becomes ill or sustains an injury while on vacation may have such time charged against his earned sick leave pro- vided- (a) Immediately upon return to duty, the employee sub- mits to his department head a written request for sick leave, accompanied by a statement from his attending physician de- scribing the nature of the illness or injury and confirming the dates on which the illness or injury occurred. (b ) With the department head' s approval, such time shall be entered on the departmental payroll form as sick leave . 18-14 . SICK LEAVE UPON TERMINATION. Upon termination all employees shall be paid, at their current salary rate, for twenty-five percent (25%) of unused, earned sick leave from 488 through 720 hours , and for fifty percent (50% ) of all un- used, earned sick leave of 728 hours or more . 18-15. PAYMENT OF DEPENDENT HEALTH INSURANCE PREMIUMS . The City of Huntington Beach will pay the premiums for de- pendent health insurance for those employees of the city who have accumulated 480 or more hours of unused sick leave on or after September 1, 1969 . The use of all or part of such sick leave after the accumu- lation of said 480 or more hours shall not terminate or suspend the employee 's privilege to have such premiums paid by the city . 18-16 . INDUSTRIAL ACCIDENT LEAVE . Industrial accident leave, for a period not to exceed one (1) year, shall be granted any employee absent from work as a result of any in- jury or disease arising out of or occurring during the course of his employment . In all such cases where sickness or injury is compen- sable under the Labor Code or the Workmen's Compensation Insurance and Safety Act of the State of California, the em- ployee ' s salary rate shall be paid by the city, following such sickness or injury, during the waiting period required by law, and up to the time compensation payments commence thereunder. Any period of time during which an employee is required to be absent from his position by reason of an injury or dis- ease for which he is entitled to receive temporary disability compensation under the provisions of Division 4 of the Labor Code of the State of California is not a break in his con- tinuous service for the purpose of his right to salary ad- justments , sick leave , vacation, or length-of-service com- putation. 39 . 18-17. INDUSTRIAL ACCIDENT. REPORT REQUIRED. Any on- the-job injury or accident shall be reported by the injured employee, if able to do so, to the department head or em- ployee 's immediate supervisor within twenty-four (24) hours after occurrence thereof. A written report shall be com- pleted, reviewed by the department head and forwarded to the Personnel Director, on forms prescribed by him. Failure to file written report , after having been directed to do so, if the employee is able to do so, may be grounds for disciplinary action. 18-18 . INDUSTRIAL ACCIDENTS REQUIRING MEDICAL EXAMINA- TION. The Personnel Director may designate a physician and require an employee to submit to a medical examination when such employee is absent from duty, as a result of an in- dustrial accident, for a longer period of time than that re- quired for immediate, emergency medical attention . 18-19 . MATERNITY LEAVE. Upon written request, any fe- male employee shall be given a six (6) months leave of ab- sence without pay after the sixth month of pregnancy unless such leave is requested at an earlier time by the attending physician. Prior to return to duty, such employee shall fur- nish to the Personnel Director a release signed by her ob- stetrician or attending physician. Any probationary female employee who is pregnant shall be given a six (6) month leave of absence without pay as set out in this section, provided that the probationary period shall be extended for whatever length of time is granted such employee as maternity leave . 18-20. LEAVE OF ABSENCE WITHOUT PAY . The following provisions shall apply only to those permanent employees entitled to vacations : (a) Ninety Calendar Days or Less . Upon written rec- ommendation of the department head, the Personnel Director may grant special leaves of absence without pay for a period not to exceed ninety (90) calendar days . Acceptance of other permanent employment while on such leave shall consti- tute resignation from the competitive service . (b) Over Ninety Calendar Days . The City Administrator may authorize special leaves of absence with or without pay in excess of ninety (90) calendar days . A leave granted under subsections (a) or (b) above as- sures to the employee the right to return to his position. 18-21. RESTRICTED DUTY LIMITATION. Any employee who 40 . has been temporarily disabled as a result of injury or ill- ness may return to work in a restricted duty capacity subject to the following provisions : (a) When an employee suffers an injury or illness which is compensable under the California Workmen's Compensation laws , such employee may return to work on a restricted duty status for a period not to exceed one (1) calendar year from the date of such injury or illness upon receipt of a release from the attending physician and subject to the approval of the department head. Such return to duty is discretionary with the department head and subject to the availability of limited duty work. The department head shall notify the Per- sonnel Director prior to approving return to limited duty status . (1) In the event the employee is unable to return to normal duty at the end of one (1) calendar year, he shall be required to accept disability retirement under the terms of the California Workmen' s Compensation laws and the Public Employees ' Retirement System. (2) In the event the employee on disability retire- ment should recover from the disability to the extent of be- ing able to return to his normal duties , he may be reinstated to the department upon recommendation of the department head, satisfactory completion of a medical examination by the city ' s physician, and the approval of the City Administrator. The reinstated employee shall be entitled to an anniversary date adjusted by the amount of time in disability retirement status . (b) When an employee suffers an injury or illness which is not compensable under the California Workmen' s Compensation laws , such employee may return to work on a restricted duty status for a period not to exceed six ( 6) calendar months from the date of such injury or illness upon receipt of a release from the attending physician and subject to the approval of the department head. Such return to duty is discretionary with the department head and subject to the availability of limited duty work. The department head shall notify the Personnel Di- rector prior to approving return to limited duty status . (1) In the event the employee is unable to return to his normal duties at the end of six (6 ) calendar months, he may apply for a nonpaid leave of absence not to exceed six (6) calendar months . Such nonpaid leave shall be subject to the approval of the department head and the City Administrator. (2) In the event the employee is unable to return to full duty status at the end of his six (6) month nonpaid 41. leave he shall be subject to compulsory retirement from the department and city . (3) In the event the employee fully and permanently recovers from his disability within three (3) calendar years from the date of retirement, he may apply for reinstatement to the department upon recommendation of the department head, satisfactory completion of a medical examination by the city ' s physician, and the approval of the City Administrator. The reinstated employee shall be entitled to an anniversary date adjusted by the amount of time in disability retirement status . 18-22 . MILITARY LEAVE. Military leave shall be granted in accordance with Sections 395 et seq. of the Military and Veterans Code, and amendments thereto, and other applicable provisions of state law. Any employee applying for military leave shall give his department head, within the limits of military regulations, an opportunity to determine when such leave shall be taken. A copy of the employee 's military orders shall be furnished the department head prior to be- ginning any such leave . 18-23 . JURY DUTY. Employees who are summoned to attend court to serve as witnesses , or who perform jury service shall be entitled to their regular compensation while serving pro- vided the fees , except mileage and subsistence allowance, if any, which they received as jurors or witnesses , are remitted to the city. 18-24. REPORTING ABSENCES . An employee, absent from duty, shall report the reason for such absence to his depart- ment head or immediate supervisor prior to the date or time of such absence whenever such absence can be anticipated, and in no case later than one-half (112) hour after the time set for beginning his daily duties or assigned work shift . Absences not reported in the manner prescribed shall be considered ab- sences without leave, and shall be charged against the em- ployee as lost time on the departmental payroll form unless justified to the satisfaction of the department head. 18-25. HOLIDAY LEAVE. All nonsafety employees shall have the following legal holidays as vacation with pay : (a) New Year' s Day (b ) Lincoln' s birthday (February 12) (c) Washington' s birthday (third Monday in February) (d) Memorial Day (last Monday in May) (e ) Independence Day (July 4) (f) Labor Day (first Monday in September) (g) Veterans ' Day (last Monday in October) (h) Thanksgiving Day (last Thursday in November) 42 . (i ) The Friday after Thanksgiving Q ) Christmas Day (December 25) (k) Any day declared by the President of the United States or the Governor of the State of California to be a national holiday . Holidays which fall on Sunday shall be observed the fol- lowing Monday , and those falling on Saturday shall be observed the preceding Friday. Employees at their request shall be granted paid time off from 12 : 00 noon to 3: 00 p .m. on Good Friday . Public safety employees , designated by the Police Chief, Fire Chief and Director of Harbors and Beaches , who are re- quired to work regular shifts on the above holidays , shall not be entitled to time off or overtime . They shall, however, accrue time for holiday pay purposes based on the number of days in the calendar year that general city offices are closed in observance of legal holidays , Saturdays and Sundays ex- cluded. For each month such safety employee is actively em- ployed by the city, he shall receive, in addition to regular compensation, eighty-three percent (83%) of his current, daily salary rate. 18-26. WORK WEEK. The normal work week for all perma- nent employees , except fire department personnel, shall be forty (40) hours . Permanent employees in the fire department who work twenty-four-hour-work shifts, shall have a normal work week of fifty-six (56) hours . 18-27. WORK SHIFTS . For all full-time positions , ex- cept certain positions in the fire department , the normal work shift shall be eight ( 8) or ten (10) hours . Positions designated by the Fire Chief shall have a normal twenty- four-hour-work shift . 18-28. WORK SCHEDULE. Normal work schedules shall be determined by the respective department heads . All offices of the city, except those which require special regulations shall be open for business on all days of the year, Satur- days , Sundays and holidays excluded, continuously from 8 : 00 a.m. to 5 : 00 p .m. RULE 19 GRIEVANCE PROCEDURE - NONDISCIPLINARY MATTERS 19-1. PURPOSE . The purpose of this rule is to provide 43 . a means by which grievances of employees or employee organi- zations may be considered, discussed and resolved at the level closest to their point of origin. The grievance pro- cedure provided for in this rule does not apply to the re- view of employee disciplinary matters which subject is treated in Rule 20 hereof. 19-2 . DEFINITION. For the purpose of this rule, a grievance is a dispute concerning the interpretation or application of any provision of a written memorandum of agreement or any provision of the city ' s Employer-Employee Relations Resolution, or any provision of this resolution or any departmental rule governing personnel practices or working conditions , with the exception of matters excluded by Section 19-3 . 19-3 . MATTERS EXCLUDED FROM GRIEVANCE PROCEDURE . The following subjects are excluded from the grievance procedure provided for herein: (a) The review of employee disciplinary matters which is treated in Rule 20 hereof. (b ) All matters subject to impasse procedure, provided in the Employer-Employee Relations Resolution. 19-4 . SUBMISSION OF GRIEVANCES . Any individual employee or recognized employee organization shall have the right to present a grievance . If two (2) or more employees have essentially the same grievance and report to the same supervisor, they may, and if requested to do so by the city, must jointly or collectively present and pursue their grievance. If a grievance is alleged by three (3) or more employees, the group shall, at the request of the city, appoint one of such employees to speak for the group . 19-5 . GRIEVANCE PROCEDURE . The grievance procedure shall consist of the following steps , each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1 . Informal Discussion (optional) . If an employee feels that he has a grievance, as defined in Section 19-2, he may request a meeting with his immediate supervisor within ten (10) days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance . The immediate supervisor, within five ( 5) days of such request, shall meet with the employee when so requested and discuss the 44 . grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute . The im- mediate supervisor shall present, verbally or in writing, his decision to the employee within five (5) days from the time of the informal discussion. Step 2 . Formal Procedure . Immediate Supervisor. If the grievance is not settled through informal discussion, or if the employee elects not to invoke his right to informal discussion, the employee may formally submit a grievance to his immediate supervisor within five (5) days following the decision pur- suant to informal discussion, or in the event the employee does not elect to invoke his right to informal discussion, within ten (10) days after the occurrence which gives rise to the grievance or after the employee becomes aware or reason- ably should have been aware of the subject matter of the griev- ance . Such submission shall be in writing, stating the nature of the grievance and a suggested solution or requested remedy . Within five (5) days after receipt of the written grievance, the immediate supervisor shall meet with the employee . Within five (5) days thereafter written decision shall be given the employee by the immediate supervisor. Step 3 . Department Head. In cases where the department head is not the immediate supervisor, if the grievance is not settled under Step 2, the grievance may be presented to the department head. The grievance shall be submitted within five ( 5) days after receipt of the written decision from Step 2 . Within five (5) days after receipt of the written griev- ance, the department head, or his representative, shall meet with the employee and his immediate supervisor, if any . Within five (5) days thereafter written decision shall be given to the employee. Step 4 . City Administrator. If the grievance is not settled under Step 3, the grievance may be presented to the City Admin- istrator in accordance with the following procedure : a written statement of the grievance shall be filed with the Personnel Director who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter, and shall cause notice thereof to be served upon all interested parties . The Personnel Director, or his representative, shall hear the matter de novo and shall make recommended find- ings , conclusions and decision in the form of a written report and recommendation to the City Administrator within five ( 5) days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10 ) days following 45 . his receipt of such report and causing notice of such hearing to be served upon all interested parties . Within five (5) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the em- ployee or employee organization and the Personnel Director. Step 5 . Personnel Board. If the grievance is not set- tled under Step , it may be appealed to the Personnel Board for de novo hearing and final determination in accordance with the following procedure : (a) Within five (5) days after the time decision is rendered under Step 4 above, a written statement of grievance shall be filed with the Personnel Director. Such statement of grievance shall set forth in detail the nature of the grie- vance, the facts surrounding the subject matter of the grie- vance, the contentions of the employee and the proposed solu- tion or determination. (b ) Hearing. As soon as practicable thereafter, the Personnel Director shall set the matter for hearing before a hearing officer from the California State Office of Adminis- trative Procedure . The hearing officer shall hear the case and shall make recommended findings , conclusions and decision in the form of a written report and recommendation to the Board. (c) The Board shall consider the written report and recommendations of the hearing officer and after due delib- eration in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further appeal . 19-6 . SUPPLEMENTAL HEARING BY PERSONNEL BOARD. (a) The Board may, in its sole discretion, after it has received the written report and recommendation of the hear- ing officer, set the matter for private hearing for the pur- pose of receiving additional evidence or argument . In the event the Board sets a private hearing for such purpose, the Personnel Director shall give written notice of such to all parties concerned in such matter. (b ) The Board, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Board, shall make findings , conclusions and decision which shall be final and binding on all parties and from which there shall be no 46 . further appeal . 19-7. GRIEVANCE. DEPARTMENT HEAD. Any department head who has a grievance may present it to the City Adminis- trator for determination. The City Administrator shall render a written decision to said department head within five (5) days after such submission, which decision may be appealed by the department head to the Personnel Board in accordance with Step 5 of Section 19-5 . RULE 20 REVIEW PROCEDURE IN DISCIPLINARY MATTERS 20-1. PURPOSE . The purpose of this rule is to provide a means by which grievances of employees arising out of discip- linary matters may be considered, discussed and resolved at the level closest to the point of origin. The grievance pro- cedure provided for in this rule does not apply to review of matters covered by Rule 19 of this resolution. 20-2 . DEFINITION. For the purpose of this rule, a griev- vance is a dispute concerning the application, interpreta- tion, or enforcement of the rules contained in this resolu- tion or departmental rules governing the conduct of employees in the competitive service in cases where discipline has been imposed upon such employees . 20-3 . SUBMISSION OF GRIEVANCES . Any individual employee shall have the right to present a grievance . If two (2) or more employees have essentially the same grievance and report to the same immediate supervisor, they may, and if requested to do so by the city, must collectively present and pursue their grievance . If a grievance is alleged by three ( 3) or more em- ployees, the group shall, at the request of the city, appoint one (1) such employee to speak for the group . 20-4 . GRIEVANCE PROCEDURE . The grievance procedure shall consist of the following steps , each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1 . Informal Discussion (optional) . If an employee feels that he has a grievance, as defined in Section 20-2 hereof, he may request a meeting with his immediate supervisor within ten (10) days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance . The immediate supervisor, within five (5) days of such request , shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and 47 . work toward a cooperative settlement or resolution of the dis- pute . The immediate supervisor shall present, verbally or in writing, his decision to the employee within five (5) days from the time of the informal discussion. Step 2 . Formal Procedure . Immediate Supervisor. If the problem is not settled through informal discussion, or if the employee elects not to invoke his right to informal discussion, the employee may formally submit a grievance to his immediate supervisor within five (5) days following the decision pur- suant to informal discussion, or in the event the employee does not elect to invoke his right to informal discussion, within ten (10) days after the occurrence which gives rise to the grievance, or after the employee becomes aware or reason- ably should have been aware of the subject matter of the griev- ance . Such submission shall be in writing, stating the nature of the grievance and a suggested solution or requested remedy . Within five (5) days after receipt of the written grievance, the immediate supervisor shall meet with the employee . Within five ( 5) days thereafter written decision shall be given the employee by the immediate supervisor. Step 3 . Department Head. In cases where the ddepartment head is not the immediate supervisor, if the grievance is not settled under Step 2, the grievance may be presented to the department head. The grievance shall be submitted within five ( 5) days after receipt of the written decision from Step 2 . Within five (5) days after receipt of the written grievance, the department head, or his representative, shall meet with the employee and his immediate supervisor, if any . Within five (5) days thereafter written decision shall be given to the employee . 20-5. PERSONNEL BOARD. If the grievance is not set- led under Step 3, it may be appealed to the Personnel Board for de novo hearing and final determination in accordance with the following procedure : (a) Within five (5) days after the time decision is rendered under Step 3 above, a written statement of grievance shall be filed with the Personnel Director. Such statement of grievance shall set forth in detail the nature of the griev- ance, the facts surrounding the subject matter of the griev- ance, the contentions of the employee and the proposed solu- tion or determination. (b) Hearing. As soon as practicable thereafter, the Personnel Director shall set the matter for hearing before a hearing officer. The hearing officer shall hear the case without the Board and shall make recommended findings , con- 48 . clusions and decision in the form of a written report and recommendation to the Board. (c) The Board shall consider the written report and rec- ommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties , and from which there shall be no further appeal . 20-6 . SUPPLEMENTAL HEARING BY PERSONNEL BOARD. (a) The Board may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument . In the event the Board sets a private hearing for such purposes , the Per- sonnel Director shall give written notice of such to all parties concerned in such matter. (b) The Board, following a consideration of the hearing officer' s written report and recommendation and deliberation thereon and any supplemental hearing before the Board, shall make findings , conclusions and decision which shall be final and binding on all parties and from which there shall be no further appeal . 20-7 . APPEALS . SUSPENSION, DEMOTION OR DISCHARGE . All appeals concerning those matters specified in subsection (d) , Section 808 of the city Charter, namely, suspension for more than thirty ( 30) days , demotion, or discharge, shall be to the Personnel Board in accordance with the procedures set forth in Sections 20-5 and 20-6 above . 20-8 . GRIEVANCE. DEPARTMENT HEAD . Any department head who has a grievance may present it to the City Administrator for determination. The City Administrator shall render a written decision to said department head within five ( 5) days after such submission, which decision may be appealed by the department head to the Personnel Board in accordance with Sections 20-5 and 20-6 of this resolution. 20-9 . EMPLOYEE STATUS PENDING FINAL DETERMINATION. Notwithstanding the provisions of Rule 7, Section 7-4 (Sus- pension with Pay) , the action of a department head, or the City Administrator if a department head is involved, shall be effective pending review by the appellate authority, and no employee shall be entitled to compensation during said period unless the action of the department head or City Administra- tor is modified by such ,appellate authority to provide for compensation, or is revoked. The appellate authority may order reinstatement of the employee and may grant full, 49 . partial, or no compensation for the period of suspension, demotion or dismissal. RULE 21 GRIEVANCE PROCEDURES - GENERAL 21-1 . RIGHT TO REPRESENTATION . At any stage of the pro- ceedings , as set out in Rules 19 and 20, each employee shall have the right to assistance by a representative of his own choosing to prepare and present his grievance, or by the rec- ognized employee organization which represents such employee in employee relations matters . 21-2 . RIGHT OF APPEAL. Any supervisor, department head or the City Administrator who renders a decision concerning any grievance in accordance with these rules , shall have the right of appeal . Any department head who renders a decision with respect to an employee under his jurisdiction, pursuant to Rule 19, shall have the right to appeal a decision from the City Ad- ministrator to the Personnel Board. 21-3 . ADVERSE DECISIONS . If any appellate authority hereunder fails to render a decision within the time stipu- lated, such inaction shall be deemed a right to proceed with the next following step in the procedure set forth in Rules 19 and 20 . . 21-4 . REFERRAL OF APPEAL MATTERS . In any matter over which the appellate authority has no jurisdiction or control, such authority may pass the matter on to the next higher ap- pellate authority . 21-5 . RESOLUTION OF DISPUTES . All disputes as to what matter is subject to Rule 19, "Grievance Procedure - Nondis- ciplinary Matters" or Rule 20, "Review Procedure in Disci- plinary Matters" shall be determined in accordance with the procedure set forth in Rule 19 hereof. 21-6 . PROCEDURES MUTUALLY EXCLUSIVE . The grievance pro- cedures set forth in Rules 19 and 20 hereof are mutually ex- clusive . 21-7 . HEARING OFFICERS . The hearing officer provided for in Rules 19 and 20 shall be furnished by the California State Office of Administrative Procedure or, the Board, in its dis- cretion, may choose a member of the State Bar of California who is not employed by the City of Huntington Beach. 50 . 21-8 . HEARING OFFICER AND REPORTER. In all cases in- volving a hearing officer, a reporter shall be ordered un- less waived by both the city and the appellant . The cost of a hearing officer and a reporter shall be borne equally by the city and the appellant . 21-9 . AUTHORITY TO COMPEL ATTENDANCE OF WITNESSES . Any appointing authority, the hearing officer and the Personnel Board shall have the power to issue subpoenas to compel the attendance at any hearing held under Rules 19 or 20 of this resolution of any witness whether or not such witness is an employee, and to administer oaths or affirmations in conjunc- tion with such hearing. 21-10 . LIMITATION ON TIME . If an employee or employee organization does not present a grievance or does not appeal the decision rendered regarding his grievance within the time specified in these rules , such decision shall stand and shall be final for all purposes , and binding upon the parties . 21-11. TIME. COMPUTATION OF . The period of time in which any act must occur, as provided in these rules , shall be computed by excluding the first and including the last day of such period, and in the event the last day falls on a Saturday, Sunday or legal holiday , such acts may be accomplished on the next succeeding working day . As used in Rules 19 and 20, all references to days shall be interpreted to mean calendar days . 21-12 . TIME . EXTENSION OF. Upon written consent of the parties , the time limitation imposed upon procedures set forth in these rules may be extended a reasonable time . 21-13 . MEMORANDA OF AGREEMENT GIVEN PRECEDENCE. In any case in which any provision of this resolution is inconsistent with a provision embodied in any memorandum of agreement be- tween a recognized employee organization and the city, approved by the Council and executed, the provision contained in such memorandum of agreement shall supersede the provision contained in these rules . RULE 22 REPEALS Resolutions No . 1722, 2504, 2667, 2860, 3050 and 3254 are hereby repealed, and all resolutions in conflict herewith are hereby repealed. 51. RULE 23 SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this resolution, or any additions or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this reso- lution or its application to other persons . The City Council hereby declares that it would have adopted this resolution and each section, subsection, sentence, clause, phrase or portion, and any additions or amendments thereto, irrespective of the fact that any one or more sections , subsections , sentences , clauses , phrases or portions , or the application thereof to any person, be declared invalid or unconstitutional . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st of November, 1971. Mayor ATTEST: City erk APPROVED AS TO FORM: ` Y Cit ttorney 52 . ADDENDUM I TO RESOLUTION NO. 3381 DEPARTMENT HEADS AND KEY PERSONNEL Administrative Assistant Assistant Administrator Assistant Building Director Assistant City Attorney Assistant City Clerk Assistant City Librarian Assistant Civil Defense Director Assistant Director Harbor d Beaches Assistant Personnel Director Assistant Planning Director Battalion Chief Beach Supervisor Building Director City Administrator City Attorney City Clerk City Engineer City Librarian City Treasurer Deputy City Attorney III Deputy City Attorney II Deputy City Attorney I Development Coordinator Director Harbors, Beaches d Development Director Public Works Division Engineer Economic Development Officer Engineering Supervisor Finance Director Fire Chief Fire Marshal Lifeguard Captain Oil Field Superintendent Operations Officer Park Superintendent Parks & Recreation Director Personnel Assistant Personnel Director Planning Director Police Captain Police Chief Programmer II Public Information Officer Purchasing Agent Recreation Superintendent Recreation Supervisor Supervisory Accountant Systems Analyst Water Superintendent November 1971 Res. No. 3381 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 1st day of November 19 71 , by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California