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RESOLUTION NO. 4482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AND IMPLEMENTING A
MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH
MUNICIPAL EMPLOYEES' ASSOCIATION
The City Council of the City of Huntington Beach does
hereby resolve as follows :
The Memorandum of Agreement between the City of Huntington
Beach and the Huntington Beach Municipal Employees ' Association
effective June 25, 1977, a copy of which is attached hereto and
by reference made a part hereof, is hereby approved and ordered
implemented in accordance with the terms and conditions thereof.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th
day of June, 1977.
Mayor
ATTEST: APPROVED AS TO FORM:
'ty er / J. N CHOLAS COUNTER III
/ Labor Relations Counsel
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Personnel and
Labor Relations
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Res. No. 4482
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) so:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 20th day
of June , 19 77 , by the following vote:
AYES: Councilmen:
Bartlett, Coen, Gibbs, Siebert, Pattinson
NOES: Councilmen:
None
ABSENT: Councilmen:
Wieder, Shenkman
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I
MEMORANDUM OF AGREEMENT
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(hereinafter called CITY)
and
THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES ASSOCIATION
(hereinafter called ASSOCIATION)
PREAMBLE
WHEREAS , pursuant to California law, the CITY, acting by
and through its designated representatives , duly appointed
by the governing body of said CITY, and the representatives
of the ASSOCIATION, a duly recognized employee association,
have met and conferred in good faith and have fully communicated
and exchanged information concerning wages , hours, and other
terms and conditions of employment for the fiscal year 1977-1978;
and
WHEREAS, except as otherwise expressly provided herein,
all terms and conditions of this agreement shall apply to all
employees represented by the ASSOCIATION: and
WHEREAS, the representatives of the CITY and the ASSOCIATION
desire to reduce their agreements to writing,
NOW THEREFORE, this Memorandum of Agreement is made to
become effective June 25, 1977, and it is agreed as follows:
ARTICLE 1
REPRESENTATIONAL UNIT
It is recognized that the ASSOCIATION is the employee
organization which has the right to meet and confer in good
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faith with the CITY on behalf of employees of the CITY within
those class titles set out in Exhibit "A" attached hereto and
incorporated herein.
ARTICLE 2
EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the adoption of this
Memorandum of Agreement shall not change existing benefits , and
terms and conditions of employment which have been established
in prior Memoranda of Agreement, and/or provided for in the
Personnel Rules of the City of Huntington Beach.
ARTICLE 3
SALARY SCHEDULE
Employees shall be compensated at monthly salary rates by
classification title and salary range effective June 25 , 1977,
as set out in Exhibit "A" attached hereto and incorporated
herein, which has been computed by converting the existing
salary schedule based' on the nearest "C" Step to a "Universal
Salary Schedule" and increasing each classification 14 ranges
(7%) on the Universal Salary Schedule..
ARTICLE 4
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 480 hours through 720 hours, and for
fifty percent (50%) of all unused, earned sick leave in excess
of 720 hours.
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ARTICLE 5
INSURANCE
A. The CITY shall continue to provide group medical
insurance to employees with coverage and other benefits com-
parable to the Blue Cross Medical Plan Number 5620 in effect as
of, July 1, 1976 .
B. CITY will assume payment for dependent health insurance
effective the first of the month following the month during which
the employee completes three (3) years of full time continuous
service with the CITY, except that an employee working half time
must complete six (6) years, and a three quarter time employee
must complete four (4) years of continuous service before the
CITY will assume such payments as set out above. Any additional
premium amounts for the optional Health Maintenance Organization
(HMO) Plan will be paid by the employee. For purposes of deter-
mining continuous service, there shall be no accrual of hours for
the period of time an employee is on a nonpay status for a complete
pay period.
It is agreed that dependent premium increases for the Blue
Cross Medical Plan which are experienced July 7, 1978, or thereafter
for one year or for the term of the Memorandum of Agreement
effective July 8, 1978, whichever is longer, shall be equally
divided by the CITY and the employees. The employees may fund
their share of any dependent premium increase through payroll
deductions or by benefit modifications or any combination thereof,
as may be negotiated by the ASSOCIATION.
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C. The CITY shall provide for each employee at CITY' s cost
$1,000 of life insurance with coverage comparable to the Standard
Insurance Company Plan in effect on July 1, 1976. Said insurance
shall contain provisions for optional supplemental coverage at
the employee' s cost.
D. The CITY shall provide for each employee at .the CITY' s
expense along term disability insurance plan comparable to the
Group Disability Insurance Plan inaffect on, April 1., 1977.
E. The CITY shall provide for each employee at the CITY' s
expense dental insurance coverage comparable to the Private
Medical Insurance Plan in effect on November 1, 1976.
F. Nothing in this Article shall be deemed to restrict the
CITY' s right to change insurance carriers or self-fund should
circumstances warrant, subject to the CITY notifying ASSOCIATION
of a proposed change, and allowance to ASSOCIATION of an opportunity
to review the proposed change and make recommendations to CITY.
G. Nothing in this Article shall be deemed to obligate the
CITY to improve the benefits outlined in this Article.
ARTICLE 6
VACATION ALLOWANCE
A. Permanent employees in CITY service, having an average
work week of forty (40) hours, shall accrue annual vacations with
pay in accordance with the following:
1. For the first four (4) years of continuous service
vacation time will be accrued at the rate of 96 hours per year.
2. After four (4) years of continuous service to the
completion of nine (9) years of continuous service, vacation time
shall be accrued at the rate of 120 hours per year.
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3. After nine (9) years of continuous service to the
completion of fourteen (14) years of continuous service, vacation
time will be accrued at the rate of 144 hours per year.
4. . After fourteen (14) years of continuous service,
vacation time will be accrued at the rate of 176 hours per year..
B. No vacation may be taken until the completion of six (6)
months of service. 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.
C. Upon a two-week written notification to the Finance
Director, each employee shall be entitled to receive his/her
earned vacation pay, less deductions, in advance, prior to
his/her regular scheduled annual vacation. Such advancement
shall be limited to one during each employee's anniversary year.
ARTICLE 7
OVERTIME PAY
Nonexempt employees who work in excess of forty (40) hours
per work week shall be compensated at the rate of time and one
half the hourly rate exclusive of any other premiums for all
hours worked in excess of forty (40) hours in a given payroll
week. Exempt employees who work in excess of forty (40) hours
per work week shall be compensated at the rate of straight time
the hourly rate exclusive of any other premiums for all hours
worked in excess of forty (40) hours in a given payroll week.
Any time off, including, but not limited to, compensatory time,
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sick leave, holidays and vacations during any payroll week does
not constitute hours worked and such time shall not be counted
toward calculation of hours worked.
The CITY will provide the ASSOCIATION with a classification
schedule delineating exempt and nonexempt classifications based
on criteria of Fair Labor Standards Act.
ARTICLE 8
HOLIDAY OVERTIME PAY
A non-exempt employee who is required to work on a legal
holiday designated in Personnel Rule 18 - 25, paragraph a through
1, on which he is not regularly scheduled to work, shall be
compensated at the rate of time and one half the hourly rate
exclusive of any other premiums for all hours worked on said
holiday. An exempt employee shall be compensated at the rate of
straight time the hourly rate exclusive of any other premiums for
all hours worked on a holiday on which he is not regularly
scheduled to work.
ARTICLE 9
EDUCATION PAY PLAN
An Education Plan continues for all employees with provisions
as provided below:
1. Payment shall be made on the basis of One Dollar
($1. 00) per month for each completed college semester unit or its
equivalent, limited to 8.25 percent (8.25%) of the employee' s
basic monthly pay. As an alternative, the CITY may reimburse the
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employee for tuition only on request of the employee and approval
of the Department Head. Said payment for tuition shall be subject
to all other regulations herein contained and duplicate payment
for courses under this Plan shall not be authorized.
2. Payment shall be made only for that education above
and beyond the education requirements for the employee 's classification.
3. Payment shall begin on the first of the month
following approval by the Education Committee.
4. The Education Committee shall be composed of one
member appointed by the ASSOCIATION, one member from the Finance
Department and one member from the Personnel Department.
5 . An employee must be employed by the CITY for one
year to be eligible, and only those units for which credit is
received after the date of employment shall be eligible for
payment. All courses and credit shall be taken on the employee's
own time and at the employee's own expense.
6. Transcripts and other proof of credits shall be the
sole responsibility of the employee. Transcripts and grade cards
shall be forwarded to the Education Committee for review and
consideration.
7. When an employee is promoted or transferred, his
pay, if any, under the Education Pay Plan shall be reviewed to
determine continuing eligibility.
8. Semester units shall be the basis for payment,
with 18 hours of instruction the equivalent of one semester unit,
and one quarter unit shall be the equivalent of two-thirds (2/3)
of a semester unit.
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9. Questions concerning the Education Committee's
determination shall be referred to the Committee. An employee
who is not satisfied with the Committee' s determination shall
present his problem to the Education Committee for review.
Determination of the Education Committee may be subject to the
Grievance Procedure.
10. Documents and questions for the Education Committee
shall be referred to the Personnel Director for submission to the
Committee.
11. All grades must be a letter grade of "C" or
better. In a "Pass/Fail" grading system, a "Pass" is required and
in a "Credit/No Credit" grading system, a "Credit" is required to
be eligible for approval.
12 . The Education Committee may approve courses in
advance to insure that payment will follow completion.
ARTICLE 10
UNIFORM AND SAFETY SHOES
There shall be a uniform policy as set out in Exhibit "B" , a
copy of which is attached hereto and incorporated herein.
ARTICLE 11
BEREAVEMENT LEAVE
Employees shall be entitled to bereavement leave not to
exceed three (3) working days per calendar year in each instance
of death in the immediate family. Immediate family is defined as
father, mother, sister, brother, spouse, children, stepfather,
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stepmother, stepsisters, stepbrothers, mother-in-law, father-in-law,
stepchildren, grandparents, grandchildren, son-in-law, and daughter-in-
law.
ARTICLE 12
SHIFT DIFFERENTIAL
Employees required to work on a regularly assigned shift that
occurs between the hours of 4 p.m. and midnight, or midnight and 8
a.m. , shall be paid a premium equal to five percent (5%) of the
employee' s base hourly rate for all work performed during said
shift.
Employees will be considered as assigned to the afternoon
shift (4 p.m. to midnight) or the night shift (midnight to 8
a.m. ) when five (5) or more hours of their regularly assigned
shifts occur in the afternoon or night shift as defined herein.
ARTICLE 13
STATE REGISTRATION - CIVIL ENGINEER
The CITY shall pay employees in the classification of
Assistant Civil Engineer, who become registered with the State
of California as a Civil Engineer, a premium of five percent
(5%) of the employee' s base hourly rate, or his education pay,
whichever is higher.
ARTICLE 14
CALL BACK PAY
The CITY will reimburse employees called back to work a
minimum of two (2) hours of pay at the rate of one-and-one half
time (1-,) his/her regular hourly rate.
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ARTICLE 15
TOOL REPLACEMENT
Those employees who are required to furnish their own personal "
tools for use on the job shall be reimbursed by the CITY for said
tools that are lost, stolen or broken while in use on the job.
Each employee so affected shall submit a list of personal tools to
his supervisor, with a description of each tool and its value.
Replacement of such personal tools or reimbursement to the
employee shall be subject to approval by the Supervisor. It is
understood that the employee has the responsibility to exercise
care and diligence in preventing the loss, theft and breakage of
his personal tools. The City' s maximum liability during the term
of this agreement shall be limited to an aggregate of $2,000.
ARTICLE 16
GRIEVANCES
Any grievances as defined and described in Rule 19 of the
CITY Personnel Rules (Resolution No. 3960) , attached hereto as
Exhibit "C" , shall be settled in accordance with the procedures
set forth in said Rules except that the parties to the grievance
can by, mutual agreement submit the grievance to a neutral arbit-
rator whose decision shall be final and binding on the parties.
The arbitrator shall be selected by the parties from listings and
pursuant to the rules of the American Arbitration Association.
This procedure, if adopted by the parties , shall be in lieu of
Step 5 of Rule 19 .
The same option to submit a grievance to final and binding
arbitration shall apply to grievances as defined in Rule 20 of the
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aforementioned CITY Personnel Rules attached hereto, except that
Section 20-5 of said Rules shall apply (without the option for
arbitration) in all cases of suspension in excess of thirty (30)
days, demotions, or removals from employment.
ARTICLE 17
PROMOTIONS
When promotions are to be made, and two or more employees
are found to be equal as a result of promotional examinations
conducted by the CITY, the employee with the greatest length of
service with the CITY shall receive the promotion.
ARTICLE 18
LEADWORKER
Any employee classified as "Leadworker" shall receive sixteen
(16) ranges on the "Universal Salary Schedule" above the highest
classification which is assigned to the Leadworker to lead.
ARTICLE 19
HOLIDAY RESCHEDULING
The parties agree to meet and confer regarding the rescheduling
of one holiday. Such meeting and conferring shall be conducted
jointly with representative of the Management Employees' Organization.
ARTICLE 20
JOINT COMMITTEE
The parties agree to establish a Joint Committee to study
the hours of work for Inspectors in the Department of Building
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and Community Development, the four-ten plan, flextime, insurance
and retirement systems. The CITY agrees to provide the ASSOCIATION
copies of job descriptions for newly created positions within
the Unit.
ARTICLE 21
MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the CITY
retains all rights, powers and authority with respect to the
management and direction of the performance of CITY services and
the work forces performing such services, provided that nothing
herein shall change the CITY' s obligation to meet and confer as
to the effects of any such management decision upon wages, hours
and terms and conditions of employment or be construed as granting
the CITY the right to make unilateral changes in wages, hours
and terms and conditions of employment. Such rights include,
but are not limited to, consideration of the merits, necessity,
level or organization of CITY services, including establishing
manning requirements, overtime assignments, number and location
of work stations, nature of work to be performed, contracting
for any work or operation, reasonable employee performance standards,
including reasonable work and safety rules and regulations in
order to maintain the efficiency and economy desirable for the
performance of CITY services.
ARTICLE 22
VEHICLE USE
The Vehicle Use Policy, identified as Exhibit "D" attached
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hereto and incorporated herein, shall become effective on June
25, 1977, and the CITY shall pay all verified claims (excluding
mileage for driving to and from lunch) in accordance with the
Personnel Board decision dated October 29, 1976. Adoption of
Exhibit "D" and the payment of the aforementioned claims are
subject to and contingent upon the entire cause of action being
dismissed with prejudice as to all respondents by the ASSOCIATION
in Orange County Superior Court Case No. 26, 50, 30.
ARTICLE 23
TERM OF MEMORANDUM OF AGREEMENT
This Memorandum of Agreement shall be in effect for a term
commencing on June 25 , 1977 , and ending at midnight on July 7 ,
1978 .
This agreement constitutes the entire agreement of the
parties with respect to improvements or changes in the salaries
and monetary benefits for employees represented by the ASSOCIATION
for the duration of this agreement.
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ARTICLE 24
CITY COUNCIL APPROVAL
It is the understanding of CITY and ASSOCIATION that this
Memorandum of Agreement is of no force or effect whatsoever unless
and until adopted by resolution of the City Council of the City
of Huntington Beach.
CITY OF HUNTINGTON BEACH (CITY)
BY
APPROVED AS TO CONTENT: By
CZ BY
City Administrator By
MUNICIPAL MPLOYEW ASSOCIATION
(ASSO )
APPROVED BY INITIATING
DEPARTMENT:
�T y
Director Persorihel and
Labor Relations By A L.& ',},��
By
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r
CLASS TITLE RANGE N0 . RANGE
JOB DEVELOPER 228 1180 - 1463
LIBRARIAN 212 1090 1352
LIBRARIAN SENIOR 238 1238 - 1532
LIBRARY ASST . LI 212 1090 - 1352
PLAN CHECK ENGR 308 1758 - 2177
PLANNER ASSISTANT 255 1350 - 1673
PLANNER ASSOC 281 1532 - 1898
PLANNING AIDE 228 1180 1463
PROGRAMMER SENIOR 265 1420 1759
REAL PROPERTY AGENT 265 1420 - 1759
REDEVELOP SPEC. 281 1532 - 1898
SERV OFFICER SR. 228 1180 - 1463
SUPV EQUIP MAINT 265 1420 - 1759
SUPV PROGRAMMING 281 1532 - 1898
SUPV RECORDS 255 1350 - 1673
TECHNICAL SVC LI'B 265 1420 - 1759
CLASS TITLE RANGE NO, RANGE
PLN CHECK LAND USE 244 1274 - 1577
PLN CH LND USE SR. 265 1420 - 1759
PLN CHECK PUB WKS. SR. 276 1498 1855
PLUMBER 228 1180 - 1463
PLUMBER HELPER 202 1033 - 1283
PNTR PHOTOMTGPHER 222 1147 - 1421
POLICE CLERK 130 719 - 891
POLICE CLERK SPEC 155 823 - 1021
POLICE CLERK SR. 146 787 - 974
POLICE PHOTOGRPHER 228 1180 - 1463
PRINCIPAL CASHIER 175 908 - 1125
PRINCIPAL CLERK 175 908 - 1125
PRINCIPAL LIBRARY CLERK 169 882 - 1094
PRINCIPAL POLICE CLERK 175 908 - 1125
PROGRAMMER 255 1350 - 1673
PROGRAMMER JR. 222 1147 - 1421
PROJECT COUNSELOR I 185 950 - 1177
PROJECT COUNSELOR II 212 1090 - 1352
PROPERTY CLERK 180 929 - 1151
PROPERTY OFFICER 197 1005 - 1248
PUMP OPERATOR 191 976 - 1208
REC. LEADER SR. 212 1090 - 1352
SECRETARY 160 846 - 1047
SECRETARY ADMIN 180 929 - 1151
SECRETARY EXECUT. 208 1068 - 1324
SECRETARY LEGAL 180 929 - 1151
SECRETARY TYPIST 150 804 - 995
SECTY . TO COUNCIL 180 929 - 1151
SECTY . LEGAL SR. 202 1033 - 1283
SECTY TYPIST ADMIN 169 882 - 1094
SERVICE OFFICER 212 1090 - 1352
SERVICEWORKER 197 1005 - 1248
STOCK CLERK 175 908 - 1125
STOREKEEPER 197 1005 - 1248
SURVEYOR 208 1068 - 1324
SURVEYOR APPRENTICE 175 908 - 1125
SURVEYOR SENIOR 228 1180 - 1463
SURVEY PARTY CHIEF 265 1420 - 1759
TREE TRIM AERIAL 202 1033 - 1283
TREE TRIMMER 180 929 - 1151
VOCATIONAL INSTR. 228 1180 - 1463
WATER MTR. RPR WORKER 197 1005 - 1248
WELDER MECHANIC 218 1123 - 1394
WORD PROCESSING CRD. 202 1033 - 1283
YOUTH COUNSELOR 130 719 - 891
- YOUTH COUNSELOR SR. 141 764 - 948
YOUTH EMPL COORD. 155 823 - 1021
EXHIBIT ."A"
PGPN91.01 CITY Of fiUNTINGTON dEACH U6/16/77
U N I V E R S A L S A L A R Y S C H E D U L E
A-STEP 81STEP C•STEP D-STEP E-STEP
RANGE MONTHLY SALARY MONTHLY SALARY MONTHLY SALARY MONTHLY SALARY MUNIHLY SALAR+
.............. ..........
t S 385 S 406 s 428 S 452 s 477
S 387 $ 407 s 430 1 454 S 476
3 2 388 s 409 s 432 1 456 S 480
4 S 390 S 411 s 433 3 458 S 482
S s 390 s 411 5 433 S 458 S 4d4
6 s 392 S 413 1 435 S 459 S 485
7 S 393 S 414 s 417 S 461 S 487
9 s 393 a 416 s 439 S 463 s 489
9 S 395 S 418 S 440 s 465 S 491
10 S 397 f 419 s 442 S 466 s 492
11 f 399 s 421 S 444 S 468 S 494
12 a 400 s 423 s 445 S 470 S 496
13 S 402 f 425 S 44T S 471 S 497
14 S 402 s 425 f 449 s 473 f 499
19 S 404 S 426 s 451 s 475 a 501
16 S. 406 S 428 S 452 f 477 S 503
17 s 407 s 430 S 454 2 478 s 504
In f 409 s 432 S 456 f 480 S 506
19 S 411 s 433 S 458 S 482 s 508
20 f 411 S 433 s 456 s 464 f 510
21 S 413 S 435 s 459 s 455 s 511
2;) s 414 S 437 S 461 s 487 s 513
23 S 416 S 439 S 463 s 489 S 515
24 s 416 S 439 S 463 1 489 s 517
25 s 418 . f 440 S 465 s 491 S 518
26 S 421 s 444 S 468 S 494 S 522
2? S 425 s 447 S 471 5 497 5 525
201 S 426 1 451 S 475 s 5DI S 529
29 3 430 S 454 S 478 s 504 S 532
30 s 433 S 45N s 4012 3 SOB S 536
31 s 435 S 459 s 485 s 511 s 539
32 S 439 S 463 s 489 S 515 S 543
33 s 440 s 465 s 491 s 518 S 546
34 S 442 S 466 S 492 2 520 S 549
35 S 445 S 470 s 496 S 523 f 553
36 s 449 S 473 s 499 s 527 f 556
i
37 s 452 s 477 S 503 S 530 S 560
38 S 456 1 480 s 506 t 534 : 563
39 s 458 s 484 s 510 S 537 s 567
40 s 461 s 487 s 513 S 541 S S70
41 s 463 s 489 s 517 s 544 s 574
42 s 466 s 492 s 520 s 548 s 577
43 S 463 s 494 S 522 S 551 6 Sol
44 s 470 s 496 s 523 S 553 s 584
45 s 473 s 499 s 527 t 556 S 580
q6 s 477 s 503 s $30 S 560 S 591
47 s 460 s 506 t 534 1 563 s 595
48 S 484 s 510 s 537 s 567 s 598
49. s 467 s 513 1 541 s S70 1 601
50 s 489 s 517 S 544 - s 574 S 605
51 S 492 s 520 S 548 s 577 S 608
52 1 494 s 522 s 551 1 501 S 612
53 s 494 s 522 3 551 s 582 S 615
54 s 497 s 525 s 555 1 586 S 61V
55 s 501 1 329 s 558 1 589 S 622
56 s 504 s 532 s 562 s 593 S 626
5? s 508 1 536 s 565 1 596 S 629
51 s 511 S S39 S 569 s 600 S 633
59 s 515 S 543 s 572 1 603 S 636
60 S 518 s 546 s 575 3 607 S 640
61 S 520 s 549 s 579 S 610 t 643
62 s 522 s 551 t 582 s 614 It 647
63 S 522 3 551 S 582 s 615 S 650
64 s 525 s 555 s 566 S 619 S 653
65 S 529 s 556 s 589 S 622 S 657
66 i 532 s 1362 S $93 S 626 i 660
67 S 536 S 565 S 596 S 629 S 664
68 s 539 s 569 S 600 IS 633 S 667
69 t 543 s 572 1 603 s 636 S 671
70 S 546 It 575 s 607 s 640 s 674
71 s 549 s 579 1 610 s 643 s 670
72 S 551 S 562 s 614 s 647 S 681
73 It 551 S 532 S 615 s 645 s 685
74 s 553 s 584 s 617 s 652 S 688
75 S 556 s see S 621 S 655 S 692
,. 76 S 560 s 591 s 624 t 659 s 695
2
s 563 s 595 s 627 1 662 E 699
78 i 567 s 598 E 631 s 666 E 702
79 s 570 s 601
i 634 ! 669 i 705
80 s 574 s 605 s 638 i 673 s 709
81 s 577 s 608 s 641 s 676 s T12
82 s 579 s 610 ! 643 ! 678 ! 716
A3 s 582 s 614 s 647 s 681 6 719
84 s 582 s 615 s 646 2 685 i 723
85 s 584 s 617 s 692 3 688 s 726
86 s 588 i 621 3 655 1 692 s 730
87 ! 591 s 624 1 659 s 699 s 733
88 s 595 ! 627 s 662 1 699 ! 737
89 s 598 s 631 s 666 s 702 s 740
90 s 601 s 634 8 669 s 705 s T44
91 s 605 ! 636 s 673 ! 709 s 747
92 E 607 s 640 s 674 s 711 6 751
93 E 610 s 641 s 678 8 714 s 754
94 2 612 s 645 i 679 1 718 i 757
95 s 614 s 647 1 683 s T11 s 761
96 s 615 s 650 s 686 s 725 E 764
197 1 619 s 653 s 600 1 726 d 760
98 s 622 5 657 s 693 1 731 s 711
99 E 626 s 660 s 697 s 735 s TT5
100 s 629 ! s 664 s Too s 738 s 776
101 s 631 s 666 1 702 s 740 E 782
102 E 634 s 669 s 705 1 744 s 755
103 s 638 s 673 s T09 s 747 s T89
104 s 640 s 674 s 711
s 751 t 792
105 1 643 s 678 s 714 s 754 E 796
106 s 645 1 679 8 718 1 757 s 799
107 s 647 s 663 1 T21 s 761 s 803
108 s 650 i 666 s 725 s 764 s 806
109 s 653 s 690 1 728 s 768 6 $09
110 E 657 i 693 s 711 s 771 E 813
114
s 659 s 695 s 733 ! 77J s' 816
2 i 662 s 699 s 737 s 7T7 E 820
3i 666 1 702 ! 740 1 Too E 823
s 667 s 704 i 742 4 783 E 827
115 s 671 s 707 s 145 s' 787 1 830
• 116 1 673 3 709 8 749 ! 790 s 834'
9Z011 Z16 1 U6 1 t49 s 6Z9 t 9S1
IZOI1 196 1 lt6 t 999 ! CEO t SS(
910tt 196 % Z16 1 69V 1 Ogg 1 v5
IT)It 656 S 906 1 199 1 919 t !
SOOIt E56 9 E06 t 9S9 1 Ito t
I
WAS 9t6 t Goo 1 I59 1 909 1 [S
966 1 Et6 % t60 1 9t9 1 too ! Oral
066 1 016 1 6H0 i Zt9 1 664 i 6tl
S06 1 EE6 1 two t 4E9 t t61 1 QVI
646 1 6Z6 t Too 1 SEO 1 Z61 t /tT
•li t 026 1 S19 ! CEO 1 191 t 91:1
696 1 616 1 Ole t SZ9 1 Z91 1 Stl
696 1 t16 1 196 1 BZO 1 oil 1 ttT
666 1 906 1 Igo 9ZO f Ell 'i EtI
f96 f E06 0 960 1 tiro ! 011 't ZtI
9t6 1 960 1 169 1 901 1 t91 4 tsT
f16 1 t6O i Ote 1 too '1 191 1 Odi
Ot6 1 602 1 Ito 1 664 1 161 9 6ET
ffb t too ` ice 1 t61 '1 961 t 9EI
116 1 619 1 t6O ! 061 1 6t1 t LET
1E6 t tlO / 6LO ! fi91 i fir! 1 9EI
416 t 999 1 £ae i O91 f 0011 1 SET
Z16 1 $90 t 08O t 111 t l£1 t oEI
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Exhibit 9
U. Em2loyee Responsibi.lit_ics -
1 . To wear complete uniforms at all times .
2. To wear clean uniform .
3. To wash and provide: minimum repair; i . o . , buttons , small
tears , etc.
4 . To provide any alterations neccss,,r�, including sewing on of
City patches .
S . To not wear for other than City duties or work .
6. To notify supervisor of need to repa <<cc due to disrepair or
severe staining producing an undesirable iripearance .
7 . To turn in all patches upon termination prior to receiving final
check .
8 . To turn in all uniforms upon termination.
9 . To turn in all safety equipment upon termination .
10 . To wear all safety equipment prescribed by the City safety
officer and supervisor of the division .
('�
E. City Responsibilities -
1 . To furnish funding for the agreed to uniform allowances .
2 . To allow department heads to authorize additions to the basic
allowances due to severity of work assignments and frequency of
wearing out.
3. To provide and maintain one or more retail clothing outlets for
the various allotments . City reserves the right to name vendor .
4. To make arrangements for the standard allotments to be of first-
line quality work clothing.
S . To maintain records of purchases . Forms -for uniform requests will
be provided by the Finance Director.
6. To establish an expedient procedure for reimbursement tc,
employees for uniforms purchased by cmployecs .
F. Department Head Responsibilities -
1 . To direct and assure employee compl i^.iicc r►i t;i attire rules .
2 . To inspect clothing requested to he replaced . PON
-2-
Exhibit B
CITY 01: IIIIN I•I NurON BEACH
UNIFORM POLICY
Effective 7- 1 -74
A. General - The City, in accordance with agreements now established ,
shall -Turnish uniforms to those personnel designated by the
various department heads as required to wear a standard uniform for
appearance , uniformity , and public recognition purposes , in the
' procedures and guidelines set forth hereinafter .
B. Affected Personnel - All employees categorized as field working
assignees shall wear a standard City adopted uniform . Color
selection is a light blue shirt and dark blue trousers with
appurtenances as described below . Each department head shall
determine which group of employees must wear a uniform.
C. Basic Uniform Components and Standard Allowances -
1 . Black safety toe shoes or boots as each assignment dictates.
a . Two pair per year .
b. Boots will be black , heavy duty and laced .
2 . Five short-sleeve shirts (light blue) the first year , three the
second year , and then alternate five uniforms with three
uniforms in subsequent years .
3 . Five trousers per year (dark blue) the first year , three the
second year and then alternate five trousers with three trousers
in subsequent years ; trousers are to have no cuffs .
4 . Dark blue jacket with removable liner , one per year .
S . Four City departmental patches .
G . Absolutely no allowance will be made for socks , underwear , etc .
7 . hard hats , foul weather gear , and steel - toed rubber boots to be
furnished each employee with supervisor designated need .
8 . Special hazard gloves shall be furnishes] with supervisor
designated need .
9. Safety glasses and face shields shall be furnished with
supervisor designated need .
10 . Special uniforms shall be furnished.
11 . , Ear protectors , arm and shin guards , steel shoe caps , wood heat
resistant soles , and other safety regulated equipment shall be
furnished to supervisor designated employees .
12 . E I safety vests, shall be furnished ;rl .l employees having
occasion to work within travelways .
•, -1-
Exhibit B
3 . To determine wear frequencies for employees having needs
additional to basic allotment.
4 . To insist on replacements of deteriorated clothing with special
attention to safety equipm
ent and app
arel .
arel .
S . To enforce a disciplinary program for repeated violations of
employee regulations relative to cleanliness , uniform attire ,
or safety requirements .
6 . To demand and confirm receipt of turn in required equipment upon
termination.
G. Purchases and Exceptions
1 . Clothing shall be purchased at only those outlets as directed
by City , unless prior approval is obtained due to size, out
of stock, or special type of clothing problems which exist.
2 . Shoes or boots shall be purchased through standard outlets
designated unless last creates discomfort or injury risk.
3. Safety glasses must be purchased only through designated outlet
for City specified amount of dollars , with employee paying the
cost for the examination by a private optometrist to obtain
a prescription and cost of cosmetic lenses and frames .
4 . All safety and foul weather gear shall be purchased by the City.
S. Uniform appearance :
a . Patch to be worn above left shirt or jacket pocket.
b . Pants to have no cuffs .
c . Worn with pride in appearance to public; i .e. shirt
buttoned , shirt tail tucked in , etc.
6 . Exceptions at discretion of department heads :
a . Supervisors need not wear uniform ; however , in so
electing , must pay for their own clothing.
b . Employees who have foot deformities or conditions
which do not allow wearing of safety- toed shoes
shall wear external caps affording equal protection.
C . Additional patches shall be furnished to equip the
special clothing over the basic allotments .
7. Disposition of turned in clothing :
a . The City shall determine a procedure as to disposition
of turned in clothing .
-3-
Exhibit B
0 . Hni .form Pol icy f.or_Rocur_rent or Tempos a-vy Personnel -
1 . Recurrent employees who are required t,,) wear uitifornis
shall be reimbursed $20 each toward uniform in ,September
provided they have worked a minimum of (90) days .
2 . Temporary personnel are not entitled to uniform allowances .
J
y
4-
i
t
s
&C
RESOLUTION NO. 3960
Adopted Oct. 7, 1974
PERSONNEL RULES
TABLE OF CONTENTS
Page No.
RULE 1 - PURPOSE 1
RULE 2 - PRINCIPLES
RULE 3 - GENERAL PROVISION 2
RULE 4 - DEFINITIONS
4-1. Acting Appointment
4-2 . Anniversary Date
4-3. Appellate Authority
4-4 . Appointing Authority
4-5. Appointment
4-6 . Board
4-7 . City 3
4-8. Class
4-9 . Classification Plan
4-10. Class Specifications
4-11 . Compensation Schedule
4-12. Competitive Service
4-13 . Continuous Service
4-14. Demotion
4-15 . Dismissal
4-16 . Eligible
4-17 . Employee
4-18 . Employment List
4-19 . Examination
4-20 . Just Cause 4
4-21. Layoff
4-22. Layoff List
4-23 , Leave
4-24v Original Appointment
4-25 . Overtime Work
4-26 . Part-Time , Competitive Position
4-27 . Part-Time , Noncompetitive
Position
4-28 . Permanent Appointment
4-29 . Permanent Employee 5
4-30. Permanent Position
4-31 . Personnel Board
4-32. Personnel Requisition Form
4-33 • Personnel Transaction Form
4-34 . Position
4-35 . Position Assignment
4-36 Probation
4-37 . Probationary Employee
4-38 . Promotion
4-39. Promotional List
4-40 . Public Safety Employees
f
' Page No.
RULE 4 - DEFINITIONS (continued)
4-41. Reclassification 6
4-42. Recognized Employee
Organization
4-43. Recurrent Employee
4-44 . Reduction
4-45. Reemployment
4-46. Regular Status
4-47 . Reinstatement
4-48 . Rejection
4-49. Relative by Blood or Marriage
within the ,Third Degree
4-50. Release
4--51. Reprimand
4-52. Resignation 7
4-53. Review Procedure
4-54. Rules
4-55 . Salary Advancement
4-56. Salary Range
4-57 . Salary Rate
4-58 . Salary Step
4-59 . Suspension
4-60 . Temporary Position
4-61. Termination
4-62 . Transfer
4-63. Vacancy
4-64 . Workday
4-65. Work Schedule
4-66. Work Shift 8
4-67. Y-Rate
RULE 5 - RECRUITMENT AND SELECTION PROCEDURE
5-1. Types of Appointments
5-2. Notice to Personnel Director
5-3 . Certification of Eligibles
5-4 . Order of Certification
5-5• Appointment 9
5-6 . Acting Appointment
5-7. Emergency Appointment
5-8 . Temporary/Part-Time Employment
5-9 . Medical Examination 10
5-10. Announcements
5-11. Application Forms
5-12. Disqualification
5-13. Nature and Types of
Examinations 12
5-14 . Promotional Examinations
5-15 . Open-Competitive Examinations
5-16. Conduct; of Examinations 13
ii
.
RULE 5 - RECRUITMENT AND SELECTION PROCEDURE Page No.
(continued)
5-17 • Scoring Examinations and
Qualifying Scores
5-18. Notification of Examination-
Results
5-19 Employment List
5-20. Duration of Employment Lists
5-21. Reemployment Lists 14
5-22 . Removal of Names from List
5-23. Promotion, Transfer or
Reemployment . Physical
Examinations
5-24 . Recurrent Employment 15
RULE 6 - TRANSFER, AND PROMOTION
6-1. Transfer
6-2. Advancement According to Merit
and Ability 16
6-3. Advancement . Interference with
6-4. Promotion
RULE 7 - DISCIPLINE
7-1. Discipline
7-2. Causes for Discipline
7-3• Demotion 19
7-4 . Suspension with Pay 20
7-5 • Suspension without Pay 21
7-6 . Dismissal
7-7 . Department Head Discipline and
Dismissal
7-8. Investigation of Charges 22
Dismissal from Service . Effect
7-10 . Reinstatement
RULE 8 - TERMINATION 23
8-1. Medical Examination.
Evaluation of Employees 's
Work Capacity . Demotion,
Transfer or Termination of
Appointment
8-2. Layoff. Grounds 24
8-3. Layoff in Accordance with
Length of Service . Determina-
tion of Length of Service.
Professional, Scientific and
Executive Classes
8-4 . Order of Layoff When Combined
Scores Are Equal 25
8-5. Placing Names of Employees to
Be Laid Off or Demoted on
Reemployment Lists
J_3 i
Page No.
RULE 8 - TERMINATION (continued)
8-6. Salary of Employee Certified
to Position after Layoff of
Demotion
8-7. Notice of Layoff. Election to
Accept Layoff Prior to
Effective Date
8-8. Restrictions on Appointments
8-9 . Assignment of Duties to
Another 26
8-10. Resignation
8-11. Reemployment
8-12. Termination Checkout
RULE 9 - PROBATION
9-2. Requirement. Length
9-3. Salary Advancement at Com-
pletion of Probation 27
9-4 . Rejection of Probationary
Employee
RULE 10 - TRAINING FOR EMPLOYEES
10-1. Training. Type of
10-2. Credit for Training
RULE 11 - OUTSIDE EMPLOYMENT 28
RULE 12 - CLASSIFIC,TION PLAN
12-1. Assigning Positions to Appro-
priate Ranges and Pay Plan
12-2 . Creation of Plan 29
12-3. Adoption of Plan
12-4. Personnel Board. Hearings
12-5 . Reallocation or Reclassification
of Positions
12-6 . Hearing on Allocation or
Reallocation of Position
12-7. Status of Employee upon
Reallocation of Position.
Change 30
12-8 . Establishment of New Positions.
Reports by Department Heads
12-9. Reclassification
12-10. Temporary Employees
RULE 13 - COMPENSATION SCHEDULE
13-1. Policy
13-2 . Compensation Schedule 31
RULE 14 - ADDITIONAL PAY AND PAY ADJUSTMENT
14-1. Merit Salary Advancement
14-2 . Deferment
14-3. Merit Salary- Advancement Not
Affected by Authority to Fix
Salaries
iv
t
Page No.
RULE 14 - ADDITIONAL PAY AND PAY ADJUSTMENT (continued)
14-4. Cumulative Right to Merit
Advancements 32
14=-5. Budget Provision for Salary
Advancements
14-6. Salary Advancements to Meet
Recruiting Problems or to
Give Credit for Prior Service.
Application for Other Advance-
ments
14-7 . Authorization of Payment above
Maximum Rate of Class
14-8. Overtime Compensation
14-9 . Compensation after Promotion 33
14-10. Compensation after Demotion
14-11. Reduction ' 34
14-12 . Standby Pay
14-13. Application of Pay Rate. Entire
Compensation
14-14. Payroll Deductions
RULE 15 - REPORTS AND RECORDS 35
15-1. Employee's Performance Report
15-2. Performance Evaluation
15-3. Change in Status Reports 36
15-4 . Personnel Rules
15-5 . Destruction of Records
RULE 16 - NEPOTISM
16-1. Relatives . Appointment Prohibited
16-2. Supervisory Relationships 37
16-3. Relatives . Appointment Prohibited
. 16-4 . Present Employees Exempted
RULE 17 - DEPARTMENTAL RULES AND REGULATIONS
RULE 18 - ATTENDANCE AND LEAVES
18-1. Attendance
18-2 Anniversary Date
18-3. Annual Vacation
18-4 . Vacation Allowance 38
18-5. Vacation. When Taken
18-6 . Holidays Occurring during
Vacation
18-7. Terminal Vacation Pay 39
18-8. Sick Leave
18-9 . Sick Leave Allowance
18-10. Sick Leave Disallowed
18-11. Evidence of Need for Sick Leave 40
18-12. Extended Sick Leave
18-13. Illness Occurring during Vacation
18-14. Sick Leave upon Termination 41
18-15 . Payment of Dependent Health
Insurance Premiums
v
Page No.
RULE 18 - ATTENDANCE AND LEAVES (continued)
18-16. Industrial Accident Leave
18-17 . Industrial Accident . Report
Required 42
18-18 . Industrial Accidents Requiring
Medical Examination
18-19 . Maternity Leave
18-20. Leave of Absence without Pay
18-21. Restricted Duty Limitation 43
18-22 . Military Leave 44
18-23. Jury Duty
18-24. Reporting Absences
18-25 . Holiday Leave 45
18-26. Workweek
18-27. Work Shifts 46
18-28 . Work Schedule
RULE 19 - GRIEVANCE PROCEDURE - NONDISCIPLINARY MATTERS
19-1. Purpose
19-2. Definition
19-3. Matters Excluded from Grievance
Procedure
19-4 . Submission of Grievances
19-5 . Grievance Procedure 47
19-6 . Supplemental Hearing by Personnel
Board 49
19-7. Grievance . Department Head
RULE 20 - REVIEW PROCEDURE IN DISCIPLINARY MATTERS
20-1 . Purpose
20-2. Definition
20-3. Submission of Grievances 50
20-4 . Grievance Procedure
20-5 . Personnel Board 51
20-6. Supplemental Hearing by Personnel
Board
20-7 . Appeals . Suspension, Demotion or
Discharge 52
20-8 . Grievance . Department Head
20-9 . Employee Status Pending Final
Determination
RULE 21 - GRIEVANCE PROCEDURES -- GENERAL
21-1. Right to Representation
21-2 . Right of Appeal
21-3. Adverse Decisions 53
21-4 . Referral of Appeal Matters
21-5 . Resolution of Disputes
21-6. Procedures Mutually Exclusive
21-7 . Hearing Officers
vi
Page No.
RULE 21 - GRIEVANCE PROCEDURES - GENERAL (continued)
21-8 . Hearing Officer and Reporter
21-9 . Authority to Compel Attendance
of Witnesses
21-10. Limitation on Time
21-11. Time . Computation of
21-12. Time . Extension of 54
21-13. Memoranda of Agreement Given
Precedence
21-14. Grievance Pay
RULE 22 - REPEALS
RULE 23 - SEVERASILITY
vii
RESOLUTION NO. 3960
A RESOLUTION OF THE` CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH' ADOPTING AMENDED RULES AND
REGULATIONS 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 , as amended,
for the administration 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
amended 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 government .
These rules set forth, in detail, procedures to accomplish 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 differ,
and that no rule or regulation may properly prescribe uniform
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.
/cs
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 p poor performance, and protection from suspen-
sion, 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, po-
litical or religious 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 . 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.
4-3 . APPELLATE AUTHORITY. Any person or board who
has authority to hear an appeal as provided by these rules .
4-4 . APPOINTING AUTHORITY. Appointing authority shall
mean a department head, with respect to personnel in his de-
partment , or the officer or officers of the city designated
by the city Charter to make appointment to a position.
4-5 . APPOINTMENT. The employment of a person in a
position.
4-6 . BOARD. The Personnel Board established in ac-
cordance with the city Charter.
2.
4-7 . CITY. The City of Huntington Beach, a municipal
corporation.
4-8 . CLASS . A group of positions sufficiently simi-
lar in duties, responsibilities , authority and minimum quali-
fications to permit combining them under a single title, and
to permit application of common standards of selection and
compensation.
4-9 . 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 de-
partmental input.
4-10 . CLASS SPECIFICATIONS. A written job description
of a classification setting forth factors and conditions which
are characteristic of positions in that classification.
4-11. COMPENSATION SCHEDULE. A listing of the titles
and salary ranges for the classifications of an association.
• 4-12. COMPETITIVE SERVICE. The positions and classi-
fications which are included within the personnel system by
ordinance, as provided by the city Charter.
4-13 . CONTINUOUS SERVICE . Employment without inter-
ruption except for approved leaves of absence .
4-14 . DEMOTION. Changing an employee from one classi-
fication to another which has a lower maximum rate of pay.
4-15 . DISMISSAL. The discharge of an employee from the
competitive service by the appointing authority for cause .
4-16 . ELIGIBLE . A person qualified for appointment
from an employment list .
4-17 . EMPLOYEE. Any individual occupying a position
in the competitive service.
4-18. 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.
4-19 . EXAMINATION. The process of testing, evaluating,
investigating and determining the fitness and qualifications
of applicants :
3 •
kiOpen-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.
4-20 . JUST CAUSE. Cause , supported by substantial evi-
dence, for a superior to take disciplinary action against a
subordinate employee .
4-21. LAYOFF. Termination of an employee because of
lack of funds or lack of work.
4-22 . LAYOFF LIST. A list containing the names , in the
order of date of layoff, of permanent employees who have been
laid off,
4-23 . LEAVE. Authorized or unauthorized absence from
work.
4-24 . 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 contiguous examination.
4-25 . OVERTIME WORK. Working time in excess of an em-
ployee 's assigned work time .
4-26. 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.
4-27 . PART-TIME, NONCOMPETITIVE POSITION. A position
in which the employee regularly works less than twenty (20 )
hours per week.
4-28 . PERMANENT APPOINTMENT. The appointment of a
person to a permanent position upon successful completion of
probation, when applicable, which signifies satisfactory per-
formance in the permanent position to which the employee is
assigned.
4 .
4-24 . PERMANENT EMPLOYEE. An employee who has suc-
cessfully completed a probation period in a permanent position.
4-30. PERMANENT POSITION. A full-time or part-time
position, authorized in the budget, and expected to exist in-
definitely.
4-31. 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.
4-32 . PERSONNEL REQUISITION FORM. A two-part form,
the first part used to initiate a request and obtain required
approvals to hire a permanent, part-time or recurrent employee;
the second part is subsequently used to implement the appointment
of an applicant selected for the position.
4-33. PERSONNEL TRANSACTION FORM. A multipurpose form
used for processing changes in an employee' s salary rate, trans-
fers, promotions , leaves, terminations and other matters con-
templated within these rules .
4-34 . POSITION. Any office or employment (whether
part time or full time, temporary or permanent, occupied or
vacant ) involving the performance of certain duties by an em-
ployee .
4-35 • POSITION ASSIGNMENT. The assignment of a single
position to its proper class in accordance with duties performed
and the authority, and responsibility exercised.
4-36 . PROBATION. A working-test period during which
an employee ib required to demonstrate his ability and capacity
to perform the duties of the position to which he has been ap-
pointed.
4-37 • PROBATIONARY EMPLOYEE. An employee holding a
probationary appointment to a permanent position.
4-38. PROMOTION. Changing an employee from one classi-
fication to another which has a higher maximum rate of pay.
4-39 • PROMOTIONAL LIST. An employment list established
after the administration of a promotional examination.
4-40. PUBLIC SAFETY EMPLOYEES. Those employees desig-
nated as public safety employees by the Public Employees' Re-
tirement System.
5•
4-41 . RECLASSIFICATION. The reassignment of a position
from one class to a different class after reevaluation of the
minimum qualifications , duties , authority and responsibilities
of the position.
4-42 . RECOGNIZED EMPLOYEE ORGANIZATION. Any organi-
zation which includes employees of the city and which has as
one of its primary purposes representing such employees in
their employment relations with the city.
4-43. RECURRENT EMPLOYEE. An employee whose employ-
ment 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 .
4-44 . 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.
4-45. REEMPLOYMENT. Employment without examination
of a former permanent employee pursuant to these rules .
4-46 . REGULAR STATUS. The status of any employee
holding a permanent appointment .
4-47. 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 sus-
pension, demotion or dismissal.
4-48 . REJECTION. The separation of an employee from
the service during his probationary period.
4-49. RELATIVE BY BLOOD OR MARRIAGE WITHIN THE THIRD
DEGREE. All of the following relationships are within the
third degree : children, parents , grandchildren, brothers,
sisters, grandparents , great grandchildren, nephews, nieces,
uncles , aunts and great grandparents .
4-50 . 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.
4-51. REPRIMAND. A verbal or written reproof, ad-
ministered to an employee as a disciplinary measure, for an
infraction of the rules hereinafter set forth in this reso-
lution.
6.
4-52. RESIGNATION. Termination of employment at the
employee 's request .
4-53. REVIEW PROCEDURE. The rules and procedures
governing the review of personnel disciplinary matters and
the interpretation or application of these rules .
4-54 . RULES. Rules and regulations for the compet-
itive service of the City of Huntington Beach as embodied in
this resolution.
4-55 • SALARY ADVANCEMENT. A salary increase of one
or more steps within the limits of a salary range established
for a class..
4-56 . SALARY RANGE. The range of salary rates for
a class as set forth in the compensation plan.
4-57. SALARY RATE. Dollar amount of each step in a
salary range or the flat amount for a class having no salary
range , designated as compensation for services rendered.
4-58. SALARY STEP. The minimum to maximum increments of
• a salary range .
4-59 . 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.
4-60. TEMPORARY POSITION. A full-time or part-time
position which shall exist for limited time .
4-61. TERMINATION. Separation from the competitive
service .
4-62 . TRANSFER. A change of an employee from one
department or division to another.
4-63. VACANCY. A budgeted position unoccupied by a
probationary or regular employee.
4-64 . WORKDAY. The number of hours an employee in
each position is required to work as set forth in these rules .
4-65 . WORK SCHEDULE. The assignment of a position
to a work shift or a series of work shifts in a seven (7)
calendar day period.
7.
4-66 . WORK SHIFT. The number of regular working hours
assigned to each position or class , as more specifically set
forth in these rules .
4-67. Y-RATE. A rate of pay above the maximum of the
range for a classification.
RULE 5
RECRUITMENT AND SELECTION PROCEDURE
5-1. TYPES OF APPOINTMENTS. All vacancies in the
competitive service shall be filled by reemployment, promotion,
demotion, transfer, reinstatement or from appropriate employ-
ment lists , if available , certified by the Personnel Director.
5-2 . NOTICE TO PERSONNEL DIRECTOR. Whenever a va-
cancy occurs in the competitive service and is to be filled,
the appointing authority shall immediately notify the Personnel
Director. 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 .
5-3 . CERTIFICATION OF ELIGIBLES . The appointing
authority shall indicate whether it is desirable to fill the
vacancy by reemployment, 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 certifica-
tion 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 per-
sons certified.
8 .
5-5 . APPOINTMENT. In the appointment of employees
other than department heads, the department head shall make
appointments from among those certified by the Personnel Di-
rector, and shall immediately notify the Personnel Director
of the person or persons selected. The department head shall
then notify the person appointed in writing, and if the appli-
cant accepts the appointment and presents himself for duty
within such period of time as the department head shall pre-
scribe, 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 notified. This procedure shall be
followed until the position has been filled.
5-6 . ACTING APPOINTMENT. When there is no employ-
ment list from which a position may be filled, the department
head may fill such position by an acting appointment. Such
acting appointment 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 po-
sition. An appropriate employment list shall be established _
for each class to which an acting appointment 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 establish-
ment of any employment or promotional list for service ren-
dered under an acting appointment.
5-7. EMERGENCY APPOINTMENT. To meet the immediate
requirements 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 dura-
tion of such emergency notwithstanding these rules and regu-
lations affecting appointment . As soon as possible such ap-
pointment shall be reported to the City Administrator, the
City Council and Personnel Director. Any emergency appoint-
ment which lasts in excess of six (6) months shall be reviewed
by the Personnel Director.
5-8 . TEMPORARY/PART-TIME EMPLOYMENT. No person shall
be employed temporarily in a permanent, or part-time position
except as provided herein:
(a) When the work assignment is of short duration, or when
it is anticipated that the position will soon be abolished.
9.
(b) As a substitute for a regular employee who is tem-
porarily absent from his position.
(c ) When it is impossible to recruit an appointee meeting
the standards for permanent employment .
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 re-
quired 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 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 psychological 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 de-
partment 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, prep-
aration required or desirable for the performance of the work
of the class, the dates , time, place and manner of making ap-
plication, and other pertinent information.
5-11 . APPLICATION FORMS. Application shall be made
as prescribed in the examination announcement. Application
forms, provided by the Personnel Director, shall require in-
formation covering training, experience and other pertinent
information, and applicants may be required to furnish cer-
tificates deemed necessary by the Personnel Director and de-
partment 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 with-
hold or withdraw from certification, prior to appointment, any-
one who comes under any of the following categories :
10.
(a) Lacks any of the requirements established for the
examination or position for which he applies .
(b) Is physically or mentally so disabled as to be ren-
dered unfit to perform the duties of the position to which he
seeks appointment .
(c ) Is addicted to the use of intoxicating beverages to
excess .
(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
misdemeanor involving moral turpitude .
(f) Has been guilty of infamous or notoriously disgrace-
ful conduct .
(g) Has been dismissed from any position for any cause
which would be a cause for dismissal from the competitive serv-
ice .
(h) Has resigned from any position not in good standing
or in order to avoid dismissal.
(i) Has intentionally attempted to practice any decep-
tion or fraud in his application, in his examination or in se-
curing his eligibility.
(j ) Has waived appointment three (3) times after certi-
fication 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 politi-
cal influence to further his eligibility or appointment .
Whenever an application is rejected, notice of such re-
jection together with a statement of reason for 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 specified in the examination announcement shall be rejected.
� 11.
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 re-
opened by the Personnel Director as the needs of the service
require, provided 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 selec-
tion technique used in the examination process shall be impar-
tial, 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 which will test fairly the qualifications
of candidates such as , but not necessarily limited to, achieve-
ment and aptitude tests , other written tests, personal inter-
views , performance tests , physical agility tests , evaluation
of daily work performance, work samples, medical examinations
or any combination thereof.
5-14. PROMOTIONAL EXAMINATIONS . Promotional exam-
inations may be conducted whenever, in the opinion of the Per-
sonnel Director, after consultation with the department head,
the need of the service so requires ; provided, however, a pro-
motional examination may not be given unless there are two (2)
or more candidates eligible for each position to be filled.
Only employees who meet the requirements for the vacant po-
sition 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 considered. A promotional employment
list shall be established after the administration of a promo-
tional 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 dif-
ficult to maintain adequate eligible lists he may receive
applications, conduct examinations, and create employment lists
continuously. The names of eligibles who took the same or a
comparable examination on different dates may be ranked for
purposes of certification in the order of final scores .
12.
Eligibility from an open-competitive examination may be deemed
to be established as of the date of examination. Such exam-
inations may include any of the selection techniques, or any
combination thereof, mentioned in Section 5-13 hereof. Per-
manent 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 Direc-
tor shall determine the manner and methods and by whom exam-
inations shall be prepared and administered, after consultation
with the department head. The Personnel Director, with ap-
proval of the City Council, may contract with any competent
agency or individual for preparation and administration of
examinations . In the absence of such contract, the Personnel
Director, or his designated representative, 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 established in advance of the giving of the exami-
nation and published 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 LIST. As soon as possible after
the completion 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, ar-
ranged 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 examination, unless sooner exhausted. Such lists may be
extended prior to expiration date by the Personnel Director,
13 .
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-compet-
itive 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 proba-
tionary or permanent 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 request.
When a reemployment list is to be used to fill vacancies,
the Personnel Director shall certify the names of eligibles
therefrom 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 removed 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
address . 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
EXAMINATIONS. In order to be eligible for promotion or trans-
fer to a ,job class in a category requiring greater physical or
mental qualifications , any employee may be required to take a
14 .
Physical examination or participate in a psychological evalu-
ation to determine if he is physically and mentally able to per-
form 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 .
5-24. RECURRENT EMPLOYMENT. There are a number of
positions where manpower requirements are sporadic, seasonal and
recurrent . In these situations employees are called to work on
an as-needed basis, frequently from a roster of individuals
available and qualified for such work. There is no time limit
insofar as a total period of time over which an employee may
work on a recurrent basis . Recurrent appointments shall not be
used on a continuing basis to fill full-time positions .
RULE 6
TRANSFER AND PROMOTION
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 depart-
ment 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,
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
position where the interests of the city so require .
15.
r
�.
6-2 ADVANCEMENT ACCORDING TO MERIT AND ABILITY. The
City Council, each department head and employee shall encour-
age economy and efficiency in and devotion to the competitive
service by encouraging promotional advancement of employees
showing willingness and ability to perform efficiently serv-
ices assigned them, and every person in the competitive serv-
ice 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 pre-
vent 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
insofar as consistent with the best interests of the city from
among employees holding positions in appropriate classes, and
appropriate promotional lists shall be established to facili-
tate this purpose, as prescribed in Section 5-14. Open-com-
petitive examinations shall be held when, in the judgment of
the department head and the Personnel Director, such exami-
nations will produce eligible lists with more highly-skilled,
qualified candidates.
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 employees shall be subject to disciplinary action up
to and including 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
offense and the employee's prior record.
7-2 . CAUSES FOR DISCIPLINE. Each of the following
constitutes 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 reso-
lution.
16.
`NW,
(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
employment or to the city, including his compliance or non-
compliance 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) Unexcused absence without leave .
(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 com-
pensation or benefits or reimbursements .
(17 ) Making a false industrial accident claim against
the city.
(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 department in
which such employee is employed.
17 .
(19) Failure or refusal to cooperate with supervisory
personnel or other employees when failure to do so is inimi-
cal 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 affirmation
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 conflict
with, or inimical to his duties as an employee, or the best
interests of the city, or with the duties , functions , responsi-
bilities or efficiency of the department in which he is employed
or the city service .
Q9) Any conduct , act or omission either during or, out-
side of duty hours which is 'of such nature that it causes dis-
credit to his department or his employment , or which conduct,
act or omission 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
incompatible with or reflects unfavorably upon the employee' s
employment with the city .
(31) Asking, receiving, or agreeing to receive any bribe,
gratuity or reward of any kind upon any understanding that his
18.
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, incom-
patible, in conflict with, or inimical to the best interests of
the city.
(32) The employee' s earnings have been subjected within
a twelve (12) month period to garnishments for the satisfac-
tion of more than one ,judgment .
(33 ) No employee, while giving his deposition or testifying
in an adversary court proceeding, shall give any expert opinion
on behalf of the city' s adversary party. Behavior contrary to
that prescribed in this rule shall constitute a conflict 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 circumstances. Such employee shall
not discuss with the city' s adversary 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 qualifi-
cations . In those instances where demotion has not been re-
quested by the employee , written notice of such demotion shall
be given to the 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) days prior
to said date.
19.
(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 Inca-
pable 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 vol-
untary 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 pur-
pose of performance evaluation. No employee may obtain a de-
motion to a position for which no vacancy exists .
Cc) Demotion in Lieu of Layoff. Where a vacancy exists
in the competitive service, and in lieu of being laid off, an
employee 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 responsibility, if such class exists and is designated
by the Personnel Director. Whenever such a demotion requires
a layoff in the elected class , the seniority score for the
demoted employee shall be recomputed in that class . The Per-
sonnel 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 writing 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 sus-
pended with pay by a department head, or. in the case of a
department head, by the City Administrator, with immediate
notification to the Personnel Director, for a period not to
exceed thirty (30) days where an investigation is being conducted
20.
%w.+, .,✓
to determine the validity of charges against such employee or
department head. If the charges against the employee or de-
partment 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 deducted 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 em-
ployee 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 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 em-
ployee and filed with the Personnel Director as soon as possible
after the effective 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 dis-
ciplinary action; (b ) the effective date of the action; and (c)
a statement in ordinary and concise language of the grounds for
suspension.
7-6 . DISMISSAL. A department head, or any person
authorized 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, Pend-
ing service upon him of a formal, written notice. Such action
is valid only if formal written notice, meeting the require-
ments set out herein, is served on the employee and filed with
the Personnel 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 de-
partment head in the competitive service may be suspended,
demoted or dismissed by the City Administrator, as provided
by Section 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 resolution.
21.
7-8 . INVESTIGATION OF CHARGES. The appointing author-
ity shall have the power to investigate, or cause to be in-
vestigated, 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 employee,
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 com-
petitive service.
(b) Result in the automatic removal of the employee 's
name from any and all employment lists on which it may appear.
(e ) 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
22.
of his position, whether such disciplinary action is valid
or not or the causes on which it is based state facts suffi-
cient to constitute cause for discipline.
From any such salary there shall be deducted compensa-
tion that the employee earned, or might reasonably have earned,
during any period commencing more than six (6) 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 APPOINT-
MENT. 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 one or more physicians to consult with the de-
partment head and with the physician selected by the Person-
nel 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 exam-
ination when it is required. When requested by the employee,
the Personnel Director shall provide a list of three (3) phy-
sicians 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 con-
sidering the medical report , the physician' s recommendation 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 department
head determines that the employee is able to perform the work
of another position, including one of less than full time, the
department head may demote or transfer the employee 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 and the physician's recommendation that
the employee is permanently unable to perform the work of his
23 .
present position, or when, in the ,judgment of the Personnel
Director, it is determined that the employee is unable to perform
the functions of any other position in the competitive service,
or that there are no positions 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 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 be-
cause of lack of work or funds to reduce the staff of a city
department, a department head may lay off employees pursuant
to these rules and regulations.
Whenever an employee is to be separated from the compet-
itive service because the tasks he was assigned are to be
eliminated or substantially changed due to management-initi-
ated changes , including but not limited to automation or other
technological 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 effecting
economies or in making organizational or other changes to in-
crease efficiency.
8-3. LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE.
DETERMINATION OF LENGTH OF SERVICE. PROFESSIONAL, SCIENTIF-
IC 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 meth-
ods of determining competency may vary for different classes,
and shall take into consideration the needs of the competi-
tive service and practice in private industry and other pub-
it employment .
24 .
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 lay-
off is being made and in classes with the same or higher max-
imum 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, sci-
entific , 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 distinc-
tion cannot be made between two or more such employees with
the same score by this means , the other preference provided
in this rule shall apply.
8-5 . PLACING NAMES OF EMPLOYEES TO BE LAID OFF OR
DEMOTED ON REEMPLOYMENT LISTS. The names of employees to be
laid off or demoted shall be placed upon an appropriate reem-
ployment 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 Director deter-
mines .
8-6 . SALARY OF EMPLOYEE CERTIFIED TO POSITION AFTER
LAYOFF 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 semi-
monthly 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 computation The notice of layoff shall be in
writing and shall contain the reason or reasons for the lay-
off. The employee to be laid off may elect to accept such
layoff prior to the effective date thereof, and should noti-
fy the department head and the Personnel Director orally or
in writing of such election.
8-8. RESTRICTIONS ON APPOINTMENTS. Upon recommenda-
tion of the Personnel Director, the methods of appointment
available to the department head may be restricted if such
restriction is deemed necessary in the placement in other com-
petitive service positions of employees whose positions have
25
been or are about to be changed substantially or eliminated by
management-initiated changes .
8-9 . ASSIGNMENT OF DUTIES TO ANOTHER. The duties
performed by any employee laid off may be assigned to any other
employee or employees holding positions in appropriate classes .
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
department head. The resignation shall be forwarded to the
Personnel Director with an evaluation of the work performance of
the employee by the department head as well as other pertinent
information concerning the cause of resignation. Failure to
comply 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
report 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 Cl) year from date of resignation.
8-12. TERMINATION CHECKOUT. An employee who terminates
for any reason shall not receive his final check until he has
turned in to his supervisor all city-owned equipment, including
his city identification card and has cleared with his supervisor
the disposition of any clothing provided by the City.
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
employment list or promotional list is not permanent until
ff satisfactory completion of a probationary period of not less
26.
than six (6) months or more than one Cl) year. In cases where
the original probationary period is less than one (:l) year,
the department head, in his sole and unlimited discretion,
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 slx (6) months
in service as such probationary employee, provided such per-
formance has met the standards for the position which he occu-
pies , he shall receive a salary advancement to Step "B." Such
employee ' s anniversary date, for purposes of future merit 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 prsobationary employee,
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
' improvement of service of employees by providing opportunity
for training, including training for advancement and for gen-
eral fitness for public service. Responsibility for Bevel-
, oping programs for training employees shall be assumed jointly
by the Personnel Director and department heads . Such: train-
ing 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 considered
in effecting adjustments and promotions. Evidence of such
training shall be submitted by the employee to his department
head, who in turn shall forward such information to the Personnel
Director for inclusion in the employee's personnel file.
27 .
`"`oe
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
employment 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 of any injury or illness sustained during such out-
side employment or business activity, or any aggravation of,
any injury or illness which was sustained while on regular
duty by, through or during such outside employment or busi-
ness activity. Such waiver shall be on forms provided by the,
Personnel Director.
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. ASSIGNING POSITIONS TO APPROPRIATE RANGES AND
PAY PLANS. Every position in the competitive service shall be
assigned to the appropriate range and pay plan in the pay
structure. The assignment of a position to a classification
shall be determined by the following criteria:
(a) Sufficiently similar in duties and responsibilities
that the same descriptive title may be used.
(b) Substantially the same requirements as to education,
experience, knowledge, skills and ability are demanded of
applicants .
(c) Substantially the same test of fitness may be used
in choosing qualified applicants .
(d) The same schedule of compensation can be made to
apply with equity.
28 .
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 responsibilities 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 rules
and activities .
12-4 . PERSONNEL BOARD. HEARINGS. The classification
plan, or any amendment or revision thereto, shall be recom-
mended 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 de-
partment 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 thereon.
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 Direc-
tor 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 determine the status of the proba-
tionary and permanent employees affected.
12-6 . HEARING ON ALLOCATION OR REALLOCATION OF PO-
SITION. Reasonable opportunity to be heard shall be provided
by the Board to any employee affected by the allocation or re-
allocation of his position.
29.
ti..y01
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 per-
son shall be appointed or employed to fill any new position
until the classification plan shall have been amended to pro-
vide an appropriate employment list established for such po-
sition.
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. Reclas-
sification shall not be used for the purpose of avoiding re-
strictions 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 consid-
ered temporary. Employees occupying temporary positions shall
not be included in the competitive service and shall not be
subject 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 classi-
fications and not the individual who occupies a position in
such classification; that the salary range for each classi-
30.
fication 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 considered; and
that the compensation schedule shall not be used to take pu-
nitive or disciplinary action against any employee or to re-
ward any employee , or to circumvent the provisions of these
personnel rules.
13-2. COMPENSATION SCHEDULE. The Personnel Director
shall be responsible for providing compensation schedules to
deflect salary adjustments and shall provide amended schedules
from time to' time as necessary to reflect changes subsequent to
meet and confer with appropriate associations .
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
receive 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 . During each such
three (3) month period a performance evaluation and report shall
be made by the appointing authority . When the employee' s per-
formance is up to standard, as reflected in such reports, he
shall then receive a salary advancement to the next higher step .
The employee shall then be eligible for his next merit salary
advancement within the range one year from the effective date he
receives the salary advancement under this Rule 14-2 .
14-3 . MERIT SALARY ADVANCEMENTS NOT AFFECTED BY AUTHOR-
ITY TO FIX SALARIES . Merit salary advancements shall be made
for employees in accordance with this rule, notwithstanding
the power now or hereafter conferred on any authority to fix
or approve the fixing of salaries , unless there is not suf-
ficient money available for the purpose, and in such event,
the Director of Finance shall so certify.
31•
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 in-
sufficiency in the fiscal budget, lose his right to such ad-
vancements 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 atten-
tion 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 person
who has extraordinary qualifications, to correct salary ineq-
uities resulting from actions by department heads , or to give
credit for prior city service in connection with appointments,
promotions , reinstatements, transfers, reclassifications, or
demotions . Other salary adjustments within the salary range for
the class may be made by the Personnel. Board, upon application by
the department head, transmitted 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 . The basic work shift
is eight (8 ) hours with some exceptions where employees are
working twenty-four (24 ) , twelve (12) , and ten (10) hour shifts.
Employees shall be compensated for overtime at the hourly
equivalent of their monthly salary rate, or by equivalent com-
pensatory time off, except that Fire Department personnel on
32.
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 workweek shall be paid
overtime, or allowed compensatory time up to a maximum of 120
hours .
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 .
Overtime and compensatory time are subject to compliance
with provisions of the Fair Labor Standards Act .
14-9 . COMPENSATION AFTER PROMOTION. A permanent or
probationary employee who is promoted to another classification
with a higher maximum rate of pay than his current position
shall receive a minimum increase equivalent to one step.
In cases of a promotion from the salary schedule of one
pay plan to ,the salary schedule of another where the steps
are not similar, the step of the new classification that
provides a minimum increase of 5 percent shall be assigned.
Exceptions to the above guidelines shall be made when a
larger increase must be given to place the employee at "A"
step of the classification to which he is being promoted or
when a lesser increase must be given to limit the employee
to "E" step of the classification to which he is being
promoted.
An employee who, on his merit adjustment date, is also
promoted to a classification with a higher maximum shall
first receive any merit salary adjustment for which he is
eligible and then his minimum adjustment under this rule .
Acting appointments to higher positions shall be compensated
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 Sec-
tion 8-1 after medical examination.
33•
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 spe-
cifically 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 performance
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 employee 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 noticed
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
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 employee is
assigned standby duty on a city holiday, such employee 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 provi-
sions 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 .
34 .
Cb) 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 employee
or group of employees, shall make or cause to be made, on forms
provided by the Personnel Director, performance reports 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 employ-
ment list, and after any change in status of any employee 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 there-
after. Performance reports shall be considered in promotional
examinations and actions relating to merit adjustments, trans-
fer, demotion, or other changes affecting the status of an em-
ployee.
15-2 . PERFORMANCE EVALUATION. Performance evaluation
shall be governed by the followings
(a) The evaluation of work performance provides recog-
nition for effective performance and identifies aspects of
performance which could be improved.
(b) Performance evaluation is a continuing responsibility
of all appointing authorities and supervisors, and appointing
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 developing with the
employee a plan for accomplishing such improvement.
35.
(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 au-
thorities 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 an 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
insure 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.
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 mar-
riage within the third degree of any one or more of the mem-
bers of such City Council, nor shall the City Administrator
or any department head or other officer having appointive power
appoint any relative of his or of any council member within
such degree to any such position.
36•
16-2 . SUPERVISORY RELATIONSHIPS. Persons related by
blood or marriage within the third degree shall not report
to the same supervisor nor shall such relatives supervise one
another.
16-3. RELATIVES . APPOINTMENT PROHIBITED. Persons
related by blood or marriage within the third degree shall not be
employed in positions which provide one of them access to confi-
dential and privileged information which should not be available
to the other related party .
16-4 . 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 regu-
lations shall not be inconsistent with the rules and regula-
tions contained herein. Employees in the respective depart-
ments shall be furnished a copy of such rules and regulations
so that they may be aware of special requirements , prohibitions
and standards of conduct .
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 em-
ployees shall be entitled to annual vacation with pay EXCEPT
the following:
37•
(a) Employees who have not completed six (6) months
continuous 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
accrue annual vacations with pay in accordance with the following:
(a) For the first five (5) years of continuous service
vacation time will be accrued at the rate of 96 hours per year.
(b) After five (5) years of continuous service to the com-
pletion of ten (10) years of continuous service vacation time
will be accrued at the rate of 112 hours per year.
(c) After ten (10) years of continuous service to the
completion of fifteen (15 ) years of continuous service vacation
time will be accrued at the rate of 128 hours per year.
(d) After fifteen (15) years of continuous service vacation
time will be accrued at the rate of 160 hours per year.
No vacation may be taken until the completion of six (6) months
of service . 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-
six (56) hours, shall receive annual vacations with pay in a
manner corresponding to that earned by permanent employees
working the standard, forty (40) 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 . Vaca-
tions shall be taken only with permission of the department
head; however, the department head shall schedule all vacations
with due consideration for the wish of the employee and par-
ticular 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.
38.
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 house-
hold of the employee .
18-9 . SICK LEAVE ALLOWANCE. Probationary and perma-
nent 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 origi-
nal date of employment .
An employee who has exhausted his sick leave may, in lieu
thereof, substitute accrued vacation or any earned compensatory
time off.
Credit shall be given for each pay period worked by the
employee. There shall be no accrual of sick leave hours for
the period of time an employee is on a non-pay status for a
complete pay period.
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.
39.
(c ) Because of use of narcotics or other habit-forming
drugs , or recovery from the use thereof, unless such narcotics
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 require
the employee to submit substantiating evidence including, 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 disapprove the request for sick
leave, and indicate on the payroll form that such absence shall
be uncompensated and charged to lost time . A department head
may impose additional disciplinary 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 author-
ization for leave of absence without pay for any necessary period
provided:
(a) The employee has exhausted all vacation, compensatory
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 required
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..
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 provided:
(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.
4o.
(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 unused, 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 dependent
health insurance for those employees of the city who have accu-
mulated 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 ac-
cumulation 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. Whenever any city
employee, who is not entitled to leave of absence in lieu of
temporary disability payments under Section 4850 of the Cali-
fornia Labor Code, but who is a member of the Public Employees
Retirement System, is disabled, whether temporarily or perma-
nently, by injury or illness arising out of and in the course of
his employment, he shall be entitled, regardless of his period of
service with the city, to leave of absence while so disabled
without loss of salary, in lieu of temporary disability payments,
if any, which would be payable under Chapter 2, entitled "Com-
pensation Schedules" , commencing at Section 4550 et seq. of the
California Labor Code, for the period of such disability but not
exceeding one year, or until such earlier date as he is retired
on permanent disability pension. The payments which, except for
the provisions of this section, the insurer would be obligated to
make as disability indemnity to the injured or ill employee, the
insurer shall pay to the city.
Without limiting the generality of the foregoing paragraph,
the employee 's salary shall be paid by the city to the employee
as provided by the foregoing paragraph, during the waiting
period required by law in all cases where sickness or injury is
compensable under state law.
City may require the Workmen's Compensation Appeals Board
of the State of California to determine in any case, and the
Appeals Board shall determine whether or not the disability
referred to in this section arose out of and occurred in the
41.
course of employment . The Appeals Board shall also in any dis-
puted case determine when such disability exists . Any period
of time during which an employee is required to be absent from
his employment by reason of an injury or illness 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 continuous service for the
purpose of his right to salary adjustments , sick leave, vacation,
or length of service computation.
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 employee 's
immediate supervisor within twenty-four (24) hours after oc-
currence thereof. A written report shall be completed, 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 indus-
trial accident, for a longer period of time than that required
for immediate, emergency medical attention.
18-19. MATERNITY LEAVE. A female employee shall be
entitled to a leave of absence without pay for a total of
six (6) months for inability to work due to pregnancy .
Employee will be entitled to use available sick leave during
this period. Said leave shall be requested in writing from
the department head. A written notification from the
employee ' s attending physician must state the last date the
employee may 'work and estimated duration of leave. The employee
must obtain written authorization to return to work from her
physician. Said- authorization shall be filed with the Personnel
Director.
18-20. LEAVE OF ABSENCE WITHOUT PAY. The following
provisions shall apply only to those permanent employees en-
titled to vacations :
(a) Ninety--Calendar Days
s or Less . Upon written recom
-
mendation 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 per-
manent employment while on such leave shall constitute resig-
nation from the competitive service .
42 .
(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
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 Compensa-
tion 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 re-
lease 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 .
43.
(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 Administra-
tor.
(2) In the event the employee is unable to return
to full duty status at the end of his six (6) months nonpaid
leave he shall be subject to compulsory . retirement from the
department and city .
(3) In the event the employee fully and permanently
recovers from this 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 beginning 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 provided
the fees , except mileage and subsistence allowance, if any, which
they receive 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. Ab-
sences not reported in the manner prescribed shall be considered
absences without leave , and shall be charged against the employee
as lost time on the departmental payroll form unless ,justified to
the satisfaction of the department head. Any employee who fails
to contact his department head or supervisor during an unauthor-
ized absence of three (3) consecutive work$ayz' will be. terminated
44.
at the end of his regular work shift on the third day, unless.
there is a justifiable reason which prevented the employee from
reporting. If the employee cannot contact either the department
head or supervisor, he shall notify someone else in the depart-
ment . If an employee must , for any reason, leave his duty
station during working hours, the employee must secure required
approval from the immediate supervisor prior to departure .
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) Columbus Day (second Monday in October)
(h) Veterans ' s Day (last Monday in October)
(i ) Thanksgiving Day (Fourth Thursday in November)
(j ) The Friday after Thanksgiving
(k) Christmas Day (December 25)
(1) 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 noon to 3 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 excluded.
For each month such safety employee is actively employed by the
city, he shall receive , in addition to regular compensation,
pay for one twelfth (1/12) of the total holiday hours earned for
the year based on eight (8 ) hours per holiday.
18-26 . WORKWEEK. The normal workweek for all permanent
employees , except fire department personnel, shall be forty (40)
hours .
l
45.
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. Work shifts may vary from twenty-
four (24 ) , fourteen (14) , ten (10) and eight (8) hours, otherwise
the normal work shift for nonsafety departments is eight (8)
hours .
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, Saturdays,
Sundays and holidays excluded, continuously from 8 a.m. to
5 p.m.
RULE 19
GRIEVANCE PROCEDURE NONDISCIPLINARY MATTERS
19-1 . PURPOSE. The purpose of this rule is to provide
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 procedure pro-
vided for in this rule does not apply to the review 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 ap-
plication of any provision of the city's Employer-Employee
Relations Resolution, or any provision of this resolution or
any departmental rule governing personnel practices or work-
ing conditions, with the exception of matters excluded by Sec-
tion 1.9-3.
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 .
46.
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 griev-
ance. 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
work toward a cooperative settlement or resolution of the
dispute . 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
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 pursuant
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 reasonably should have been
aware of the subject matter of the grievance . 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.
47.
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.
Step 4 . City Administrator. If the grievance is not
settled under Step 3, the grievance may be presented to the
City Administrator 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 follow-
ing 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 employee or em-
ployee organization and the Personnel Director.
Step 5 . Personnel Board. If the grievance is not set-
tled under Step 4, 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 grievance,
the facts surrounding the subject matter of the grievance, the
contentions of the employee and the proposed solution or deter-
mination.
(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 Administra-
tive 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.
48 .
(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 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 purpose, the Personnel
Director shall give written notice of such to all parties con-
cerned in such matter.
(b) The Board, following a consideration of the hear-
ing 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.
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 dis-
ciplinary matters may be considered, discussed and resolved
at the level closest to the point of origin. The grievance
procedure 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
grievance is a dispute concerning the application, interpre-
tation, or enforcement of the rules contained in this reso-
lution or departmental rules governing the conduct of employees
in the competitive service in cases where discipline has been
imposed upon such employees .
49.
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 employees, 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 rea-
sonably 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 work toward a cooperative settlement or resolution of the
dispute. 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 pursuant
to informal discussion, or in the event the employee does riot
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 reasonably should have been
aware of the subject matter of the grievance . 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.
50.
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-
tled 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 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-
clusions 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.
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 par-
ties 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.
51.
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 Administrator 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, 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 Administrator
to the Personnel Board.
52.
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 Nondiscip-
linary Matters" or Rule 20, "Review Procedure in Disciplinary
Matters" shall be determined in accordance with the procedure
set forth in Rule 19 hereof.
21-6. PROCEDURES MUTUALLY EXCLUSIVE. The grievance
procedures set forth in Rules 19 and 20 hereof are mutually
exclusive.
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 discretion, may choose a member of the State Bar of Cali-
fornia who is not employed by the City of Huntington Beach.
21-8 . HEARING OFFICER AND REPORTER. In all cases in-
volving a hearing officer, a reporter shall be ordered unless
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 conjunction '
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
53.
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 205, 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.
21-14 . GRIEVANCE PAY. Adjustments in pay, benefits, etc.
resulting from a grievance settlement shall be limited to no more
than sixty (60) days prior to the filing of the grievance.
RULE 22
REPEALS
Resolutions No. 1722, 2504 , 2667, 2860, 3050, 3254 and
3381 are hereby repealed, and all resolutions in conflict herewith
are hereby repealed.
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 resolution
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.
54 .
PASSED AND ADOPTED by the City Council of the City of.
Huntington Beach at a regular meeting thereof held on the 7th
clay of October, 1974 .
ATTEST: Mayor
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Administrator Cit ;ry
f
55.
Res. No. 3960
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 7th day
of _ October 19_Z _, by the following vote:
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Wieder, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Matney
• ����ili1GLr
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
EXHIBIT "D"
CITY OF HUNTINGTON BEACH VEHICLE USE POLICY
SECTION 1: PURPOSE
The purpose of these regulations is to establish and implement
City policies and procedures relative to the assignment, utili-
zation and control of City-owned vehicles as transportation for
employees while engaged in official City business, to establish
reimbursement procedures for privately-owned vehicles used for
City business and to clarify the City' s responsibility for damage
and/or liability for private vehicles used on official City
business.
SECTION 2: SCOPE
These regulations cover the use of City and private vehicles for
conducting official City business and shall be applicable to all
City departments and employees.
SECTION 3: POLICIES
When necessary during the course of an employee' s official duties,
transportation or reimbursement therefor shall be provided by
the City. In the event no City vehicle is available, the
employee may use his personal vehicle with the approval of his
department head. Employees authorized to drive either their own
or a City-owned vehicle on official business must possess a
valid California driver' s license for the class of vehicle they
will be operating. The transportation method authorized will be
determined in terms of the best interests of the City. The
general program set forth in this regulation will be implemented
by the City Administrator's Office upon approval of the City
Council and administered by the department heads in accordance
with the policies herein established. It is the responsibility
of each department head to enforce the provisions of this
regulation as it relates to the employees of his/her department.
City-owned vehicles shall only be used for official City
business. City-owned vehicles shall not be driven to and kept
at the employee' s home or any location other than the regular
work location or Corporation Yard, except as provided by this
regulation.
SECTION 4: VEHICLE USE CRITERIA
I. Assigned Vehicles:
A. Assigned City Vehicles may be taken home by employees
whose residence is within ten (10) miles of City Hall for
the uses as described below:
-1-
1. Executive use includes the City Administrator,
Assistant City Administrator and Department Heads.
2. Emergency Response Units:
a. Employees who are required to respond more
than once per week on an average without
delay in order to protect the public health,
safety and property.
b. Employees who are required to carry special
emergency equipment in their vehicles which
must be utilized on a regular and frequent
basis. (A radio in and of itself does not
constitute special emergency equipment. )
3. Continuous use outside of regular working hours:
Employees who are called back on an unscheduled
basis to perform official city business outside
P Y
of regular working hours more than once per week
on an average and who meet one of the following
criteria:
a. Mileage driven on official City business exceeds
an average of 500 miles per month, or
b. Who regularly and frequently supervises
subordinates or conducts inspections in the
field, or
C. Whose duties require the employee to be away
from his or her base work station greater than
50% of his or her working time, on an average.
B. City vehicles which shall not be taken home may be
assigned based on meeting one of the following criteria:
1. Monthly mileage driven exceeds an average of 500
miles per month and the vehicle is used for the
purpose of supervision or inspection in the field,
or
2. Duties require the employee to be away from his
or her work station greater than 50% of his or
working time on an average.
II. Pool Vehicles
A. Pool Vehicles will be available for employees who require
transportation to perform official city business but do
not meet the criteria for a permanently assigned city
vehicle. Pool vehicles shall be used only upon written
authorization of the employee' s department head.
-2-
B. The city shall maintain a vehicle pool in accordance
with the following:
1. All vehicles shall be maintained in a clean and safe
manner under the direction of the City Administrator.
Additionally, an annual review will be made by the
City Administrator in February of each year to
determine the continuing suitability with respect to
cleanliness and safety.
2. The City Administrator shall assign responsibility
for the maintenance of the necessary records with
respect to check in, check out, general purpose of
use and other relevant matters related to the use
of pool vehicles.
III. Reimbursement for Use of Personal Vehicles
A. Executive Use. The City Administrator, Assistant City
Administrator and Department Heads may, at their option,
receive the automobile allowance as established by
Resolution.
B. Mileage Reimbursement. Employees, upon authorization
of their department head, may use their own vehicles
on official city business and shall be reimbursed at
the rate of 16� per mile driven on official city
business.
1. Employees shall submit monthly claims for
reimbursement to the Finance Director through their
Department Head on forms prescribed by the Finance
Director.
2. Employees shall not be reimbursed for commuting
to and from work, except that employees who are
required to attend scheduled meetings outside of
normal working hours may be reimbursed for mileage
required.
SECTION 5: VEHICLE USE COMMITTEE
The Vehicle Use Committee shall be established concurrent with City
Council approval of this Policy. The Committee shall perform the
following functions:
A. Review and recommend with respect to all initial vehicle
assignments classified under the major category of
assigned. This recommendation may cause removal of
vehicle privileges from some individuals who do not meet
the criteria as outlined in Section 4.
-3-
B. Review and recommend with respect to on-going and new
vehicle assignments in accordance with the criteria set
forth in Section 4.
C. Inspect Pool Vehicles for compliance with cleanliness
and safety as outlined in Section 4.
D. With respect to recommendations regarding capital outlay
of funds, the committee shall make recommendations for
same to the City Administrator for further budgetary
consideration.
The committe shall be comprised of the following members:
A. General Committee (assignment review)
One Personnel Department representative
One Employee Association representative
The concerned or appropriate Department Head
B. Inspection Committee
One Personnel Department representative
One Employee Association representative as appropriate,
the Mechanical Maintenance Supervisor.
Votes shall be assigned to members of the General Committee as
follows:
one vote for each of the three members of the committee
SECTION 6: VEHICLE ASSIGNMENT REVIEW
During the month of February of each year, departments which
have assigned City-owned vehicles to employees shall review
such assignments. A report of these assignments will be
prepared containing the following information:
-Department and division
-Employee name and classification
-Employee address and telephone number
-Justification for assignment
-Justification for driving vehicle home (if applicable)
-Average monthly business mileage
-4-
-Average monthly personal mileage (includes mileage to
and from home)
-Radio equipped (yes or no)
-Special Emergency Equipment
This report will be forwarded to the Vehicle Use Committee prior
to March 1 of each year.
SECTION 7: INSURANCE REQUIREMENTS
All privately-owned vehicles authorized to be used on official
City business shall be insured by the individual employee in
the minimum amount of $50,000 public liability for any one person
and $100,000 public liability for all persons, any one accident.
They must also be insured for $25,000 property damage and $15,000
for any one uninsured motorist and $30, 000 for all uninsured motorists
any one accident. A current certificate of insurance must be
filed with the Finance Director.
Employee private vehicle information shall be reviewed and updated
annually by the respective departments. The record maintained
shall contain the following current information.
-Name of employee -Operator' s license number
-Insurance company -Driver' s license expiration date
-Insurance policy No. -Insurance expiration date
-Amount of coverage
It shall be the department head' s responsibility to insure that
no privately-owned vehicle is operated on City business without
insurance coverage and a valid operator' s license as required
by this regulation..
Clarification on City Liability on Use of Private Vehicle
In the event of damage to private vehicles while on City business
where a third party is negligent, the employee should collect
damages (including insurance deductibles) from the third party.
Where the employee is negligent, the City cannot be held liable
for damages to his automobile, but the City can be held responsible
for liability to third parties. The City shall be responsible
to such employee for the first $100 of comprehensive and/or
collision damages suffered by such employee to the extent that
such employee' s personal automobile insurance policy does not
cover such first $100 damage. The employee' s insurance policy
is considered as the primary coverage, and the City liability
begins after the limitations of the employee' s coverage is
exhausted.
In the event a City employee' s personal vehicle is damaged due
to accident/collision while being used for official City business
and the employee is deprived the use thereof, the City shall furnish
such employee with a vehicle during such time as is reasonably
required to repair said employee' s vehicle.
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