HomeMy WebLinkAboutPersonnel Rules & Regulations Employer/Employee Relations - Rules And Regulations
Regarding
Employer-Employee Relations
Res No. Date Content
3335 6/1/71 Adopting Rules & Regulations for Conduct of Employer-
Employee Relations Within City of Huntington Beach
3381 11/1/71 Adopting Rules & Regulations Governing Personnel Activities
Defining Procedures of Hiring, Rights, Benefits & Prohibitions of
All Em Io ees Within City of Huntington Beach
3461 4/3/72 Amending Resolution No. 3335 to Designate City Administrator
as City's Principal Representative in All Matters of Employer-
Employee Relations
3960 10/7/74 Adopting Amended Rules & Regulations Governing Personnel
Activities to Ensure Efficient & Economical Service to/Public By
Best Qualified Persons Available & Recognizing Individual
Differences & Circumstances
4054 4/7/75 Amending Resolution No. 3335 to Designate Personnel Director
& City Attorney as City's Principal Negotiators
4275 7/6/76 Amending Resolution No. 3335 Designates City Administrator or
his Designee as City's Principal Representative Pertaining to
Employer-Employee Relations
4339 10/1/76 Amending Employer-Employee Resolution 3335 to Determine
Terms & Conditions of Employment for Employees Not Included
or Re resented by Employee Organizations
5386 6/4/84 Amending Section 11 of Employer-Employee Relations
Resolution No. 3335 Relating to Terms & Conditions of
Employment of Department Heads & Persons Not in Units (Non-
Associated
Related Resolutions Not Adopted As Policy
96-82 9/3/96 Approving & Implementing a Side Letter of Agreement With
Huntington Beach Municipal Employees Association Regarding
La off Procedure for Municipal Employees Association MEA
96-85 9/16/96 Approving & Implementing a Side Letter of Agreement with the
Huntington Beach Management Employees Organization
Regarding Layoff Procedure for Management Employees
Organization MEO
96-86 9/16/96 Approving an Amendment to Resolution No 6274 as Amended,
Regarding Terms, Conditions, & Layoff Procedures of
Employment of Non-Represented Employees
CITY OF HUNTINGTON BEACH
MEETING DATE: January 21, 2003 DEPARTMENT ID NUMBER: AS 03-08
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signa e
Council Meeting Date: January 21, 2003 Department ID Number: AS 03-Qa
CITY OF HUNTINGTON BEACH -,
REQUEST FOR COUNCIL ACTION
---
Li
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator Rty '>
PREPARED BY: CLAY MARTIN, Director of Administrative Services
/&,-:, 44, o20c& -a
SUBJECT: APPROVE PERSONNEL COMMISSION PROCEDURES
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: In accordance with Municipal Code Section 2.72.080, the Personnel
Commission may prescribe its own rules and regulations subject to approval of the City
Council.
Funding Source: Not applicable.
Recommended Action: Adopt Resolution No ; a Resolution of the City Council of the
City of Huntington Beach approving the rules and regulations of the Personnel Commission
relating to disciplinary grievance appeal hearings; review of hearing officer recommendations
on disciplinary appeals; and procedures for impasse hearing.
Alternative Action(s): Do not approve procedures.
Analysis: Since 1997, The Personnel Commission has had procedures in place for the
conduct of disciplinary grievance appeal hearings, for the review of hearing officer
recommendations regarding disciplinary appeals, and for the conduct of impasse hearings.
To date, no changes to these procedures have been made. It has also been verified by the
City Attorney's office that these procedures, while adequately prepared and implemented by
the Commission, have not been formally approved by the City Council. At its meeting on
December 18, 2002, the Personnel Commission moved to submit the procedures to the City
Council for formal approval.
Environmental Status: N/A
RCA Approve PC Procedures 0103 1/8/2003 5:59 PM
I
REQUEST FOR COUNCIL ACTION
MEETING DATE: January 21, 2003 DEPARTMENT ID NUMBER: AS 03-08
Attachment(s):
City Clerk's
Page Number No. Description
Resolution No.40 including
Disciplinary Grievance Appeal Hearing Procedures (Exhibit A)
Personnel Commission Procedures for Review of Hearing Officer
Recommendations Regarding Disciplinary Appeals (Exhibit B)
Personnel Commission Procedures for Impasse Hearings (Exhibit C)
RCA Author: I. Youssefieh
RCA Approve PC Procedures 0103 ;3- 1/8/2003 5:59 PM
RESOLUTION NO. 2003-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING THE RULES AND REGULATIONS OF THE PERSONNEL COMMISSION
RELATING TO DISCIPLINARY GRIEVANCE APPEAL HEARINGS; REVIEW OF
HEARING OFFICER RECOMMENDATIONS ON DISCIPLINARY APPEALS; AND
PROCEDURES FOR IMPASSE HEARINGS
WHEREAS, Huntington Beach Municipal Code Section 2.72.080 authorizes the
Personnel,Commission of the City of Huntington Beach("Personnel Commission")to prescribe
its own rules and regulations subject to the approval of the City Council; and
The Personnel Commission has previously developed Disciplinary Grievance Appeal
Hearing Procedures that set forth the hearing procedures on appeals of disciplinary grievances (a
copy of Disciplinary Grievance Appeal Hearing Procedures is attached hereto as Exhibit A and
incorporated herein by this reference) and;
The Personnel Commission has previously developed Personnel Commission Procedures
for Review of Hearing Officer Recommendations that set forth the procedures for the Personnel
Commission's review of recommendations from a hearing officer on appeals of disciplinary
grievances as provided for in Section 20-6 of the Personnel Rules of the City of Huntington
Beach(a copy of Personnel Commission Procedures for Review of Hearing Officer.
Recommendations is attached hereto as Exhibit B and incorporated herein by this reference)
and;
The Personnel Commission has previously developed Personnel Commission Procedures
for Impasse Hearings that set forth the procedures for the conduct of impasse hearings between
the City of Huntington Beach and employee organizations when impasses have been reached in
the meet and confer process and the parties have been unable to agree on submitting the impasse
to another process such as fact finding, advisory arbitration or mediation(a copy of Personnel
Commission Procedures for Impasse Hearings is attached hereto as Exhibit C and incorporated
herein by this reference) and;
On December 18, 2002,the Personnel Commission moved to submit the following
procedures to City Council for approval:
1. Disciplinary Grievance Appeal Hearing Procedures;
2. Personnel Commission Procedures for Review of Hearing Officer
Recommendations Regarding Disciplinary Appeals; and
3. Personnel Commission Procedures for Impasse Hearings,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Huntington Beach:
GARESOLUTN\2003Tersonnel Commission Procedures.doc
l/8/03
Res. No. 2003-6
SECTION 1. Approves and adopts the Disciplinary Grievance Appeal Hearing
Procedures attached hereto as Exhibit A.
SECTION 2. Approves and adopts the Personnel Commission Procedures for Review of
Hearing Officer Recommendations attached hereto as Exhibit B.
SECTION 3. Approves and adopts the Personnel Commission Procedures for Impasse
Hearings attached hereto as Exhibit C.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21st day of January , 2003.
ATTEST:
Connie B ockway, CitA Clerk r
By
Deputy City C erk Mayor
APPROVED AS TO FORM:
f
City Atto ey
REVIEWED, INITIATED AND APPROVED:
City AdmiKstrator
GARESOLUtN0003\Personnel Commission Procedures.doc
1/8/03
EXHIBIT A
DISCIPLINARY GRIEVANCE APPEAL
HEARING PROCEDURES
Section 20-5 of the Personnel Rules of the City of Huntington Beach provides that upon
appealing a disciplinary grievance to the Personnel Commission, the matter is to be referred to a
Hearing Officer, who shall conduct a hearing and make a written recommendation to the
Commission. In order to ensure the fair and expeditious processing of the grievance, the parties
and the Hearing Officer shall comply with the following hearing procedure on appeals of
disciplinary grievances:
A. Selection of Hearing Officer
1. The parties shall select the Hearing Officer and the time for an appeal hearing
within thirty (30) days from the date of the filing of the appeal. The parties shall
notify the Personnel Commission of these dates. In the event that the parties are
unable to mutually agree upon a hearing officer, the party imposing disciplinary
action shall provide the Commission-approved list of hearing officers to the
grieving parry. The parties shall alternately strike names from the list, with the
party initially imposing the discipline striking-the first name. The parties shall set
the hearing at the earlierst date practicable. In the event the parties fail to select
the Hearing Officer within the thirty (30) day period, the Chairperson of the
Commission shall, as soon as practicable, select a Hearing Officer from the
Commission-approved list, and set the place, date and_time for the hearing.
B. Hearing Procedures
2. All hearings shall be held in closed session; provided, however, that the hearing
shall be open to the public at the employee's request.
3. At least twenty-one (21) days before the hearing, the parties shall meet and confer
on a briefing schedule and an exchange of exhibits and witness lists. If the parties
cannot agree on these matters, then the Hearing Officer shall be consulted by
conference call and may establish the procedures and schedules: Unless the parties
agree otherwise, or the Hearing Officer so orders, no later than seven(7) days
prior to the date set for a hearing, each party shall by notice deliver to the other
party and the Hearing Officer their respective lists of witnesses. A parry may not
use a witness at a hearing for which notice thereof has not been given, except for
good cause.
4. No opening brief shall be in excess of 15 pages without leave of the Hearing
Officer.
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5. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses but hearings shall be conducted in a manner most
conducive to determination of the truth. Any relevant evidence may be admitted
if it is the type of evidence on which responsible persons are accustomed to rely in
the conduct of serious affairs, regardless of the existence of any common law or
statutory rules which might make improper the admission of such evidence over
objection in civil actions. Hearsay evidence may be used for the purpose of
"supplementing or explaining any direct evidence but shall not be sufficient in
itself to support a finding unless it would be admissible over objection in civil
actions. The rules dealing with privileges shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions, and irrelevant
and unduly repetitious evidence may be excluded. Decisions made by the
Hearing Officer shall not be invalidated by any informality in the proceedings,
and the Hearing Officer shall not be bound by technical rules of evidence.
6. The hearing shall be recorded by a certified court reporter.
7. The Hearing Officer shall rule on the admission or exclusion of evidence.
8. Each party shall, subject to the provisions of this Procedure, have these rights: To
be represented by legal counsel or other person of his or her choice; to call and
examine witnesses; to introduce evidence; to cross-examine opposing witnesses
on any matter relevant to the issues;to impeach any witness regardless of which
party first called him or her to testify; and to rebut the evidence against him/her.
9. Oral evidence shall be taken only on oath or affirmation under the penalty of
perjury.
10. The hearing shall proceed in the following order, unless the Hearing Officer, for
good cause, otherwise directs:
a. The party imposing discipline shall be permitted to make an opening
statement.
b. The employee shall be permitted to make an opening statement, which
may be reserved until the presentation of his or her case in chief.
C. The party imposing disciplinary action shall present the evidence
supporting the discipline.
d. The employee shall present evidence in support of his or her appeal.
e. In the same order,the parties may offer rebutting evidence.
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f. Closing arguments shall be permitted at the discretion of the Hearing
Officer. The party with the burden of proof shall have the right to close
the hearing by making the last argument.
11. The Hearing Officer shall determine relevancy, weight, and credibility of
evidence.
12. The City shall identify its exhibits alphabetically. The employee shall identify its
exhibits numerically.
13. If a party, after due notice, fails to appear at a hearing or any continuation of a
hearing, the Hearing Officer may proceed with the hearing of the controversy. In
such cases, all awards shall be rendered as if each party had entered an appearance
at the hearing.
14. During the examination of a witness, all other witnesses, except the parties, shall
be excluded.from the hearing upon motion of either party.
15. The Hearing Officer shall at the request of the parties dismiss the appeal.
16. Any settlement of any matter shall be at the election of the parties.
17. No still photographs, moving pictures, or television pictures shall be taken in the
hearing chambers during a hearing.
18. The Hearing Officer, prior to or during a hearing, may grant a continuance for any
reason he or she believes to be important to its reaching a fair and proper decision.
19. The parties may file post-hearing Iegal briefs pursuant to a schedule and page
limits established by the Hearing Officer.
20. The Hearing Officer shall render his or her report summarizing the evidence, and
making findings of fact, conclusions, and recommendations as soon after the
conclusion of the hearing as possible, and in no event later than thirty (30) days
after concluding the hearing unless otherwise stipulated by the parties. The
Hearing Officer shall not be paid until the recommended decision is delivered.
21. The Hearing Officer may recommend the sustaining, modifying or rejecting of
any or all of the discipline,provided the Hearing Officer may not impose
discipline more harsh than originally imposed by the City.
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C. Definitions
22. As used herein, "notice" and"notify" means a writing that is effective when
delivered at the address of the party to whom it is intended as set forth above.
23. As used herein, "party"shall mean the City or employee, as the case may be, or if
represented by another, then that person.
24. All time periods set forth herein are measured in calendar days.
25. The laws of the State of California, the Charter of the City of Huntington Beach,
and duly adopted resolutions by the City Council of the City of Huntington Beach
shall take precedence over this procedure.
Approved by the Huntington Beach
Personnel Commission on �� S , 1997
c
j ` fi
airperson, the Dei t Secretary, William Osness
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EXHIBIT B
PERSONNEL COMMISSION PROCEDURES
FOR REVIEW OF HEARING OFFICER RECOMMENDATIONS
REGARDING DISCIPLINE APPEALS
The Huntington Beach Personnel Commission shall observe the following procedures when
reviewing recommendations from Hearing Officers on appeals of disciplinary grievances
pursuant to Section 20-6 of the Personnel Rules of the City of Huntington Beach:
A. ' Procedures
1. The Personnel Director shall place the recommendations of the Hearing Officer on any
appeal of discipline on the first Personnel Commission meeting which is fourteen(14)
days or more after receipt of the hearing officer's recommendation. No later than
fourteen(14) days prior to the date of the Commission meeting, the Personnel Director
shall notify each of the parties of the date of the Personnel Commission meeting. Either
party may request that the review before the Commission be continued for at least thirty
(30) days. The Personnel Director shall grant such continuance one (1) time as a matter
of right.Further continuances shall be granted by the Personnel Director upon stipulation
of the parties or upon demonstration of good cause by either party.
2. If a party wishes to submit briefs objecting to the Hearing Officer's recommendation,
he/she shall so notify the opposing party, and shall request an automatic thirty (30) day
extension of the review date. No later than twenty-one (21) days prior to the date of the
Personnel Commission meeting, each party may deliver to the Personnel Director and the
opposing party a brief in support or in opposition to the Hearing Officer's
recommendations. The brief may not be in excess of fifteen (15)pages, except by
stipulation between the parties or leave of the Chairperson of the Commission. The brief
may include as exhibits portions of the record from the hearing conducted by the Hearing
Officer. Such exhibits may include documents filed with the Hearing Officer and
excerpts from the transcript of the hearing. No later than seven(7) days prior to the
Commission meeting, the parties may serve upon each other and the Commission reply
briefs.
3. The Personnel Commission may hear oral argument from the parties in support or
opposition to the Hearing Officer's recommendation. Oral arguments shall not exceed
fifteen(15) minutes from each party and an additional five (5)minutes of rebuttal. The
party opposing the hearing officer's decision will be heard first.
4. All hearings shall be in closed session; provided, however, that the employee may request
a hearing open to the public.
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5. A party may petition the Commission to accept supplemental evidence The party shall
demonstrate that the evidence being offered could not,with the exercise of reasonable
diligence,have been produced at the hearing or was improperly excluded from evidence
at the hearing. The Commission retains its discretion to schedule a supplemental hearing
under Rule 20-6.
6. Upon conclusion of the hearing,the Commission shall deliberate in closed session. The
Personnel Commission may sustain, reject or modify the recommendation of the Hearing
Officer,provided that the Personnel Commission shall not impose discipline more harsh
than that originally imposed by the City. Unless the issue has been briefed, the
Commission cannot(a) reject or modify the recommended findings of the Hearing
Officer, (b) impose discipline where the Hearing Officer has recommended that no
disciplinary action is warranted, or(c) increase the discipline recommended by the
Hearing Officer without first reviewing in its entirety the complete administrative record,
including a transcript of all testimony and all exhibits received in evidence. If the
Commission rejects or modifies the recommendations, it shall direct its legal counsel to
prepare findings of fact and conclusions of law in support of the Commission's decision.
Such findings and conclusions shall be served on the Commission and each-party at least
ten(10) days before the next Commission meeting. Each-party may serve objections to
the findings and conclusions not less than three (3) days before the Commission meeting.
B. Definitions
7. The Personnel Commission shall render its decision within thirty (30) days upon the
completion of its hearing or the receipt of any additional briefs it may request.
8. As used herein, "serve," "notice," and"notify" means a writing that is effective when
delivered at the address of the party to whom it is intended as set forth above.
9. As used herein, "party" shall mean the City or employee, as the case may be, or if
represented by another, then that person.
10. All time periods set forth herein are measured in calendar days.
11. All questions of interpretation of this procedure shall be heard by the Personnel
Commission.
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12. The laws of the State of California,the Charter of the City of Huntington Beach, and duly
adopted resolutions by the City Council of the City of Huntington Beach shall take
precedence over this procedure.
Approved by the Huntington Beach
Personnel Commission on IV b-A 1997
G f
Chairp , Blanche Deight
Secretary, William Osness
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EXHIBIT C
,;:7V0
CITY OF HUNTINGTON BEACH PERSONNEL COMMISSION
PROCEDURES FOR IMPASSE HEARINGS
Pursuant to the Employer-Employee Relations Resolution of the City of Huntington
Beach,Resolution No. 3335, the Personnel Commission is mandated to conduct impasse .
hearings between the City and employee organizations when impasses have been reached in the
meet and confer process and the parties have been unable to agree on submitting the impasse to
another process such as fact finding, advisory arbitration or mediation. The purpose of these
procedures is to set forth the manner in which the hearing shall be conducted before the
Personnel Commission in a situation where an impasse comes before Commission pursuant to
the Resolution.
The intent of these procedures is to permit the parties to present their positions to the
Commission in a concise and efficient manner and to allow the Commission to discharge its
obligations under the Resolution efficiently and with expediency so that disputes between
employer organizations and the City can be resolved as soon as practicable,thus further
advancing the interests of all parties in having harmonious employment relations at the City of
Huntington Beach.
1. Prehearing conference. As soon as possible after an impasse has been determined
to be within the jurisdiction of the Personnel Commission for resolution, the Personnel Director
shall schedule a prehearing conference between the representatives of the employer organization
LosMeeles 165963 v 1,99999,00001 1
s of the Personnel Commission. The Commission representatives
and City With representative
may include the Commission chair,the Personnel Director and/or the Commission's legal
advisor,or other representative designated by the Commission. The prehearing conference shall
be held in a location to be arranged by the Personnel Director. The prehearing conference shall
be held at least two weeks before the Commission meeting at which the impasse hearing shall be
first agendized. At the prehearing conference the following issues shall be discussed and the
good faith in an attempt to reach agreements to the greatest extent
parties shall cooperate in
possible.
a. Issues. The employee organization and City representatives shall make a
good faith effort to agree on a stipulated list of issues at which the parties
are at impasse. if the parties are able to agree, a stipulated list of issues
shall be prepared in writing and signed by the representatives of both
sides.
i. if the parties cannot agree in whole or in part, then each party shall
tten statement listing the issues as
be required to submit its own wri
to which it believes the parties are at impasse.
ii. if the parties can agree partially as to the issues,the stipulation to
the extent of agreement shall be prepared as called for above.
Where there is no agreement,the parties shall be required to submit
2
LosAe¢Cln 165963 r 1.99999.00001
their own statement of such additional issues as described above.
b. Documents. The parties shall attempt to agree as to documents. As in the
case of issues, to the greatest extent possible, the parties shall stipulate to
documentary exhibits. If there is no agreement, each party shall be
allowed to submit documents it believes relevant, subject to objection
from the other party. The parties shall be directed to the hearing with
adequate copies of exhibits, tabbed, numbered and placed in binders with a
sufficient number of complete sets for each Commissioner, the personnel
Director,the Commission's legal counsel, the witness chair and for the
parties' representatives. The binder should begin with an exhibit list
followed by the various exhibits with numerical tabs for ready reference
during the course of the hearing. The use of"Bates stamp" page
numbering shall be encouraged. The goal shall be to minimize the loss of
time in bookkeeping,fumbling with and passing out papers.
c. Witness lists. The parties shall be required to submit a list of witnesses at
the prehearing conference, If subpoenas for the attendance of witnesses
are required, the party requesting the presence of such witnesses shall so
indicate at the prehearing conference and shall make its own arrangements
to have subpoenas issued and served.
LOSAIVOICS 165963 v 1,999".00001 3
�X5 � 22 . A�. o?oa 3
d. . T' a estimate. At the prehearing conference the parties shall provide an
estimate of the amount of time each will need to present its case. An effort
shall be made to plan for the number of sessions that will be required to
complete the hearing. The parties representatives shall bring their
calendars to the prehearing conference so that a sufficient number of
potential hearing dates can be selected for scheduling with the
Commission at the initial session. Subsequent sessions shall be scheduled
as soon as possible so that the number of calendars involved can be
coordinated. The parties shall be advised that the Commission may, in its
prerogative, and within reason,(i)place a limitation on the number of
hours each side shall have to present its case,(ii)hold each side to the
maximum number of hours allocated, and(iii)curtail each party's
presentation once the number of hours allocated has been exhausted,
unless good cause appears for allowing the parties additional time to
complete its presentation. The parties shall be trade aware that
Commissioners are volunteers with limited time available to discharge
their obligations as Commissioners, and that efforts which appear directed
at prolonging the proceedings for the purpose of delaying resolution will
not be tolerated. The Commission reserves the right to schedule hearing
sessions and insists on completing the proceedings as soon as practically
possible.
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LosAngeles 165963 v I,90999,00001
e. Recordation. Since it is possible that there will be further review of the
matter either before the City Council or in a judicial forum, a discussion
shall occur at the prehearing conference as to how and by what method a
record will be kept of the hearing, including means of preparing a
transcript for the hearing,either through the use of a court reporter or tape
recording. The parties shall also discuss allocating the costs of retaining a
court reporter, if such an option is exercised, equally between the parties.
f. , rder of presentation. Since it does not appear that in this sort of
proceeding either the City or the employee association necessarily has the
burden of proof,both sides have the equal burden of persuasion.
Accordingly, there is no necessary legal requirement as to which party
shall proceed first. Therefore,a discussion shall occur at the prehearing
conference as to whether the association or City shall proceed first. If the
parties cannot agree on the order of presentation,the Commission shall
decide on the order of presentation at the initial session of the hearing.
2. Initial session of heariniz. At the commencement of the initial session of the
hearing,the following matters shall be dealt with first:
a. Report on the prehearing conference. The Commission chair, personnel
director, or Commission legal counsel shall report to the Commission on
the prehearing conference.
LosAngalu 165963 v I,99999,00001 5
b. P es� iding officer. A determination shall be made by the Commission as to
who shall preside at the hearing. Normally the Commission chair shall act
as presiding officer. At the discretion of the Commission, another person
may be designated to act as presiding officer, such as the Commission's
legal counsel, a retained hearing officer or someone else who has not
participated in the meet and comer process from which the impasse arises.
If the presiding officer is someone other than a Commissioner, that person
shall limit his/her functions to calling the hearing to order,ruling on
objections(subject to being overridden by majority vote of the
Commissioners in attendance),calling upon the parties to proceed with
each step of the hearing process, and in other respects acting as would a
presiding officer in a hearing or trial.
C. JLsM. Any written stipulation of issues agreed to by the parties shall be
first received. if no stipulation has been reached, the written statements of
issues submitted by each side shall be received.
d. Documents. Any documents as to which the parties have agreed shall be
placed into the record. The parties shall have come to the hearing with
exhibits prepared pursuant to section 1(b)of these procedures.
C. Witness Lists. The witness lists created as a result of the prehearing
Lo-Angeles 165965 v 1.99999.00001 6
4
conference shall be received.
f Length of the hearing. The proposed length of the hearing shall have been
discussed as part of the report on the prehearing conference. A
determination shall be made at the first session of the hearing as to the
number of sessions which will be required to conduct the hearing.
Subsequent sessions shall be scheduled at this time so that the number of
calendars involved can be coordinated. The Commission may, in its
prerogative, and within reason, place a limitation on the number of hours
each side shall have to present its case. The Commission, again subject to
the rule of reason, shall have the prerogative to hold each side to the
maximum number of hours allocated, and to curtail each party's
presentation once the number of hours allocated has been exhausted,
unless good cause appears for allowing the party additional time to
complete its presentation. All parties must be aware that Commissioners
are volunteers and have limited time available to discharge their
obligations as Commissioners. Efforts which appear directed at
prolonging the proceeding for the purpose of delaying resolution shall not
be tolerated. The Commission shall reserve the right to schedule hearing
sessions and insist on completing the hearing as soon as practically
possible.
LOSAneeln 165963 v 1.99999.00001 7
g. Record. The Commission shall ensure that a means is in place for making
a record of the hearing,either through the use of a court reporter or tape
recording, such that a transcript can be subsequently prepared if necessary,
h. Or er gf Presentation. A determination shall be made as to which party
shall proceed first in the order of presentation. If the parties have not
agreed at the prehearing conference, then the Commission shall decide on
the order of presentation.
3. Hearing process. The hearing shall be conducted in the manner of any nornial
administrative proceeding as follows:
a. Opening statements;
b. Presentation of the case by the first party to
proceed,with each witness sworn, examined and
subject to cross-examination;
C. After the first party has completed its presentation
(or"rested"), the second party shall proceed;
d. After the second party has rested, rebuttal phases
LmAngelee 165963 v 1,99999.00001 8
shall be allowed within the discretion of the
Commission until both parties have presented all
relevant information;
e. After the completion of the evidentiary phase, each
party shall be allowed the opportunity to present
oral and/or written summaries;
f. After closing argument, the Commission shall
adjourn to closed session to deliberate and render a
determination. The only individuals allowed in the
room during deliberations other than the
Commissioners shall be the Commission's legal
counsel.
g. After deliberations,and when the Commission has
made its determination,the Commission's legal
counsel shall be instructed to prepare a proposed
written report pursuant to the Resolution which
shall be agendized for consideration and potential
adoption at a subsequent meeting of the
Commission. The written report shall include the
LosAngeles 165963 v I,99999.00001 9
o?d03- �
Commission's determination for modification of the
pertinent memorandum of agreement.
4. Contacts with parties. The Commissioners should keep in mind that its decision
is a recommendation to the City Council. The Resolution calls upon the Commission to render a
determination, submit a written recommendation and transmit the recommendation to the City
Council. Each Commissioner should also remember that the Resolution calls upon the
Commission to render a determination which, if adopted by the City Council,will govern the
employment terms and conditions for the employees represented by the association.
Accordingly,each Commissioner must refrain from contact with representatives of either party
which could be seen as potentially influencing the Commissioner on behalf of either the City or
association.
5. Decision. At a subsequent meeting of the Commission where a draft proposed
written decision has been agendized for consideration, any further deliberations by the
Commission shall be conducted in closed session as part of deliberations. However, the vote to
adopt a decision must be taken in the presence of the parties and their representatives. After the
Commission has adopted its written decision Commission staff shall be directed formally to
transmit the decision to the City Council as called for in the Resolution.
LosAngelei 16S963�1.99999.00001 10
Res. No. 2003-6
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 at least a majority of all the
members of said City Council at an regular meeting thereof held on the
215t day of January 2003 by the following vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: Sullivan
ABSTAIN: None
Connie Brockway, City Clerk
By:
Deputy City Oerk and e - fficio Clerk of the
City Council of the City of
Huntington Beach, California
�d
Page 16 - Council/Agency Minutes - 09/16/96
(City Council/Redevelopment Agency)-Redevelopment Agency Operative Agreements
For 1995/96 Project Areas - Main-Pier, Talbert-Beach, Oakview. Yorktown/Lake - Huntington
Center - Approved (600.30) -Approved the recommendation of the Economic Development
Director and the Administrative Services Director and approved the following Operative Agreement
Amendments between the city and the Redevelopment Agency for Fiscal Year 1995/96.
Increased Increased
Amendment (Decreased) (Decreased) Debt Total Increased
Project Area Number Debt to 06/30/96 07/01/96 t 09/30/96 (Decreased) Debt
Main/Pier 15 $306,868 $218,956 $525,823
Talbert/Beach 15 119,685 56,562 176,246
Oakview 15 (285,309) 29,897 (255,412)
Yorktown/Lake 14 (21,658) 9,447 (12,211)
Huntington Center 14 (132,191) 80.936 (51,255)
Total $ (12,606) $395,798 $383,192
(City Council) Process For Surplusing And Sale Of Five Parcels Of City Property - (N/ Marilyn
Drive. E/ Dale Vista Lane, Adjacent To Irby Park) - (Alabama Street/Nashville Avenue,
S/Adams Avenue - Old City Yard) - (602 Yorktown Avenue) - (620 Yorktown Avenue) &
(2501 England Street) -Approved (650.70) -Approved the initiation of the process of surplusing
and sale of the 5 parcels described in the Request for Council Action from the Administrative
Services and Economic Development Departments dated September 16, 1996. 1. 6.1 acres
N/Marilyn Drive, E/Dale Vista Lane, adjacent to Irby Park. 2. Four vacant lots at Alabama Street
and Nashville Avenue, S/Adams Avenue,. a remnant of the Old City Yard. 3. 602 Yorktown Avenue.
4. 620 Yorktown Avenue. and 5. 2501 England Street.
(City Council) Resolution No. 96-86 -Adopted - Layoff Procedure For Non-Represented
Employees (720.20) -Adopted Resolution No. 96-86 - "A Resolution Of The City Council Of The
City Of Huntington Beach Approving An Amendment To Resolution No. 6274, As Amended,
Regarding The Terms And Conditions Of Employment Of The Non-Represented Employees."
(City Council) Closing Of Meadowlark Golf Course Fund And Transfer Of Funds To Pier Plaza
Fund -Approved (320.20) -Approved the transfer of$325,000 (estimated at year-end) from the
Meadowlark Golf Course Fund to the Pier Plaza Fund which will close out the Meadowlark Golf
Course Fund.
(City Council) Cancellation Of October 7. 1996 Public Hearing On Proposed New Business
License Requirements - Rental Of Single Family Homes And Duplexes (340.20)
The City Council considered a communication from the Administrative Services Department
announcing, pursuant to the Brown Act, that a public hearing will be held on October 7, 1996 for the
purpose of considering proposed new business license requirements.
The City Council had received a communication dated September 10, 1996 from the Huntington
Beach/Fountain Valley Board of Realtors opposing a requirement for a business license for single
family home rentals and duplex rentals.
532
4
RESOLUTION NO. 9 6-8 6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AN
AMENDMENT TO RESOLUTION NO. 6274, AS AMENDED,
REGARDING THE TERMS AND CONDITIONS OF
EMPLOYMENT OF THE NON-REPRESENTED EMPLOYEES
WHEREAS, on May 6, 1991, the City Council approved Resolution No. 6274 establishing
salaries and benefits for Non-Represented Employees; and
The City Council has since amended Resolution No. 6274 pursuant to Resolution Nos. 6331
and 6567; and
Resolution No. 6274, as amended, is subject to the Personnel Rules of the City of Huntington
Beach, which, among other things, establishes layoff procedures; and
Pursuant to Resolution No. 3335 (Employer-Employee Relations Resolution), the City
Administrator has met with Non-Represented Employees regarding the adoption of new rules
governing layoffs, reduction in lieu of layoff and reemployment; and
The Non-Represented Employees have made no objection to the proposed rules governing
layoff, reduction in lieu of layoff and reemployment; and
The City Council of the City of Huntington Beach desires to establish rules governing layoff,
reduction in lieu of layoff, and reemployment for Non-Represented Employees different from those
contained in the Personnel Rules;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve
as follows:
SECTION 1. Resolution No. 6274, as amended, is hereby amended to add as Section VII to
Exhibit A thereto the attached "Rules Governing Layoff, Reduction in Lieu of Layoff and
1
SF/s:PCD:Reso1ution:Amnd6274
9/5/96-#3
RLS 96-663
�M
Reemployment." These rules shall not apply to department heads. For purposes of this Resolution
only, department heads are defined to include the following positions:
Assistant City Administrator
Deputy City Administrator/Director of Administrative Services
Deputy City Administrator/Director of Economic Development
Director of Community Development
Director of Community Services
Director of Library
Director of Public Works
Fire Chief
Police Chief
SECTION 2. To the extent that the attached"Rules Governing Layoff, Reduction in Lieu of
Layoff and Reemployment" are inconsistent with any of the provisions of the Personnel Rules
regarding layoffs, then the attached Rules shall be controlling.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 16 t h day of s e p t e m b e I996.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
1
REVIEWED AND APPROVED: A PROVED:
City Administrator u A ministra r/
Adrr 1 stra ' e Servic s
2
SF/s:PCD:Reso1ution:Amnd6274 9 6-8 6
9/5/96-#3
RLS 96-663
i.�
Res. No. 96-86
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 at least a majority of all the members of said
City Council at a regular meeting thereof held on the 16th of September, 1996 by
the following vote:
AYES: Councilmembers: Harman, Leipzig, Bauer, Sullivan, Dettloff,
Garofalo Green
NOES: Councilmembers: None
ABSENT: Councilmembers: None
City Clerk and ex-offici6 Clerk of the
City Council of the City of Huntingfon
Beach, California
G/resoluti/resbkpg
s
09/16/96 - City Council/Redevelopment Agency Minutes - Page 15
(City Council/Redevelopment Agency) Minutes -Approved And Adopted -Approved and
adopted minutes of the Council/Agency regular meeting of June 3, 1996, adjourned regular meeting
of June 10, 1996, and regular meeting of June 17, 1996 as written and on file in the Office of the
City Clerk.
(City Council) Amendment No. 2 -Agreement Between The City And Gafcon. Inc. -
Consultant And Expert Witness Services - Peck Reservoir-Approved (600.10) -Appropriated
an additional $40,000 for Gafcon's Peck Reservoir Services into Account No. E-EW-AT-130-4-05-
00; approved and authorized execution by the City Clerk of Amendment No. 2 to Agreement
between the city and Gafcon, Incorporated for Consultant and Expert Witness Services.
(City Council) Notice Of Completion - City Gym And Pool (Phase 1) - DTEC Construction,
Inc. - CC-902 - Quality Control -Joyce Inspections -Approved (600.80) -Accepted the
renovation improvements by DTEC Construction, Incorporated of the City Gym and Pool at a
projected final cost of$469,116; authorized the City Clerk to file a Notice of Completion with the
County Recorder's Office; and authorized the transfer of$9,480 from the project supplemental
expense account to Purchase Order No. 2212790 to cover additional expenses for construction
inspection and quality control services provided by Joyce Inspections.
(City Council) Resolution No. 96-85 -Adopted - Layoff Procedure For Management
Employees Organization (MEO) - Side Letter(720.20) -Adopted Resolution No. 96-85 - "A
Resolution Of The City Council Of The City Of Huntington Beach Approving And Implementing A
Side Letter Of Agreement With The Huntington Beach Management Employees Organization."
(City Council) Environmental Board Appointments And Re-Appointments -Woolf-Willis -
Ryan - Lee - Nagy - Scandura -Approved (110.20) - Re-appointed Jonathan Woolf-Willis and
Tom Ryan to second terms and Jenifer Lee to a first full term, all of which will expire on
June 30, 2000 and appointed Jean and John Scandura to complete the terms of Mark Singer and
Theresa Rey, respectively, which will expire on June 30, 1999.
(City Council) Property Acquisition - Four Encyclopedia Lots - n/o Ellis Avenue Between
Goldenwest Street And Edwards Streets - Hsi And Chen Lee Approved (650.40) _Approved
the acquisition of four encyclopedia lots APN 110-183-07, 08, 09 and 16 from Hsi and Chen Lee for
an amount of$10,000 and authorized the City Clerk to accept the deeds and recordation through
escrow.
531
4
RESOLUTION NO. 9 6-s 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING A SIDE LETTER
OF AGREEMENT WITH THE HUNTINGTON BEACH
MANAGEMENT EMPLOYEES ORGANIZATION
The City Council of the City of Huntington Beach does resolve as follows:
Section 1. The Side Letter of Agreement between the City of Huntington Beach and the Huntington
Beach Management Employees Organization, a copy of which is attached hereto and by reference made a part
hereof, is hereby adopted and ordered implemented in accordance with the terms and conditions thereof, and the
Personnel Director is authorized to execute said Agreement. Further,the City previously approved a
Memorandum of Understanding with the Huntington Beach Management Employees Organization for 1994
("MOU"),which has since expired,but which the City is currently honoring at its sole discretion. The MOU
contains provisions that revise the Personnel Rules of the City of Huntington Beach in connection with layoffs.
To the extent that the attached Agreement is inconsistent with that MOU,then said Agreement is controlling.
Further,to the extent that said Agreement is inconsistent with any of the provisions of the Personnel Rules
regarding layoffs, then said Agreement shall be controlling.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 16 day off e p t e mb,e1996.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk C* „Aftomey
k� -�S•96
REVIEWED AND APPROVED: INITI AND APPROVED:
6V Administrator Director of Administrative Services
SF/s:PCD:Resolut:MEOside
7/25/96
RLS 96-513
Side Letter of Agreement
Between the City of Huntington Beach
and the Management Employees Organization
This is to memorialize an agreement between the City of Huntington Beach and the
Management Employees Organization regarding layoff procedures, reduction in lieu of
layoff and reemployment rights of unit employees (copy attached). It is the intent of the
City of Huntington,Beach to apply this rule to all non-safety employees.
This agreement is to be incorporated into any future Memorandum of Understanding
between the City and the Management Employees Organization.
Z', — -,J"'�' .,� 7
A"oc_iatia� Representative Date City Attorney , � Date
City Date
attachment
0019982.01 07/23/96 10:03 AM
i?Fs -494-85
City/MEA Proposal
July 12, 1996
City/MEO Proposal
June 11, 1996
RULES GOVERNING LAYOFF, REDUCTION IN LIEU
OF LAYOFF AND REEMPLOYMENT
PART 1. LAYOFF PROCEDURE
Section 1. General Provisions
A. Whenever it is necessary because of lack of work or funds to reduce the staff of a City
department, employees may be laid off pursuant to these rules.
B. Whenever an employee is to be separated from the competitive service because the tasks
assigned are to be eliminated or substantially changed due to management-initiated
changes, including but not limited to automation or other technological changes, it is the
policy of the City that steps be taken by the Personnel Division 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 increase
efficiency.
C. A department shall reduce staff by identifying which positions within the department are to be
eliminated.
D. The employee who has the least City-wide service credit in the class within the department
shall have City-wide transfer rights in the class pursuant to Part 1., Section 3., Transfer or
Reduction to Vacancies in Lieu of Lavoffs, or within the occupational series pursuant to Part
2., Bumoing Riahts.
E. If a deadline within this procedure falls on a day the City Hall is closed, the deadline shall be
the next day City Hall is open.
0018854.01 -1- 07/12/96 4:49 PM
Section 2. Service Credit
A. Service credit means total time of full-time continuous service within the City at the time the
layoff is initiated, including probation, paid leave or military leave. Permanent part-time
employees earn service credit on a pro rata basis.
B. Except as required by law, leaves-of.absence without pay shall not earn service credit.
C. As between two or more employees who have the same amount of service credit, the
employee who has the least amount of service in class shall be deemed to be the least
senior employee.
Section 3. Transfer or Reduction to Vacancies in Lieu of Layoff
A. In lieu of layoff, a transfer within class shall be offered to an employee(s)with the least
amount of service credit in the class designated for staff reduction within a department
subject to the following:
1. The employee has the necessary qualifications to perform the duties of the position.
2. The employee shall be given the opportunity,in order of service credit, to accept a
transfer to a vacant position in the same class within the City, provided the employee
has the necessary qualifications to perform the duties of the position.
3. If no position in the same class is vacant, the employee shall be given the opportunity,
in order of service credit, to transfer to the position in the same class that is held by an
incumbent in another department with the least amount of service credit whose
position the employee has the necessary qualifications to perform.
B. If an employee(s) is not eligible for transfer within the employee's class, the employee shall
be offered, in order of service credit, a reduction to a vacant position in the next lower class
within the City in the occupational series in lieu of layoff provided the employee has the
necessary-qualifications to perform the duties of the position.
C. If the employee refuses to accept a transfer or reduction pursuant to A. or B., above, the
employee shall be laid off.
0018854.01 -2- 07/12/96 4:49 PM -, ^,
D. If the employee(s) in the class with the least amount of service credit is in the position(s) to
be eliminated or displaced by transfer, the employee shall be offered bumping rights,
pursuant to Part 2.
E. Any employee who takes a reduction to a position in a lower class within the occupational
series in lieu of layoff shall be placed on the reinstatement/reemployment list(s) pursuant to.
Part 3., Reemployment
Section 4. Order of Layoff
A. Prior to implementing a layoff, vacant positions that are authorized to be filled shall be
identified by City-wide occupational series. If the employee refuses to accept a position
pursuant to Section 3., above, the employee shall be laid off.
B. No promotional probationary employee or permanent employee within a class in the
department shall be laid off until all temporary, non-permanent part-time and non promotional
probationary employees in the class are laid off. Permanent employees whose positions .
have been eliminated may exercise City-wide bumping rights to a lower class in the
occupational series pursuant to Part 2.
C. When a position in a class and/or occupational series is eliminated, any employee in the
class who is on authorized leave of absence or is holding a temporary acting position in
another class shall be included for determining order of service credit and be subject to these
layoff procedures as if the employee was in his or her permanent position.
Section 5. Notification of Employees
A. The Personnel Division shall give written notice of layoff to the employee by personal service
or by sending it by certified mail to the last known mailing address at least fifteen (15)
calendar days prior to the effective date of the layoff. Normally notices will be served on
employees personally at work.
B. Layoff notices may be initially issued to all employees who may be subject to layoff as a
result of employees exercising voluntary reduction/bumping rights.
0018854.01 -3- 07/12/96 4:49 PM
C. The notice of layoff shall include the reason for the layoff, the effective date of the layoff, the
employee's hire date and the employee's service credit ranking. The notice shall also include
the employee's right to bump the person in a lower class with the least service credit within
the occupational series provided the employee possesses the necessary qualifications to
successfully perform the duties in the lower class and the employee has more service credit
than the incumbent in the lower class.
D. The written layoff notice given to an employee shall include notice that he or she has seven
(7) calendar days from the date of personal service, or date of delivery of mail if certified, to
notify the Personnel Director in writing if the employee intends to exercise the employee's
bumping rights, if any, pursuant to Part 2., Bumpina Riahts.--
E. Whenever practicable, any employee with the least amount of service credit in a lower class
within an occupational series which is identified for work force reduction shall also be given
written notice that such employee may be bumped pursuant to Part 2. This notice shall
include the items referred to in C., above.
F. If an employee disagrees with the City's computation of service credit or listed date of hire,
the employee shall notify the Personnel Director as soon as possible but in no case later than
five (5) calendar days after the personal service:or certified mail delivery. Disputes regarding
date of hire or service credit shall be jointly reviewed by the Personnel Director and the
employee and/or the employee's representative as soon as possible, but in no case later
than five (5) calendar days from the date the employee notifies the Personnel Director of the
dispute. Within five (5) calendar days after the dispute is reviewed, the employee shall be
notified in writing of the decision.
0010854.01 -4- 07/12/96 4:49 PM
PART 2. BUMPING RIGHTS
Section 1. Voluntary Reduction or Bumping in Lieu of Layoff
A. A promotional probationary employee or permanent employee who receives a layoff notice
may.request a reduction to a position in a lower class within the occupational series provided
the employee possesses the necessary qualifications to perform the duties of the position.
B. Employees electing reduction under A. above, shall be reduced to a position authorized to be
filled in a lower class within the employee's occupational series. The employee may reduce
to a lower class in his/her occupational series by 1) filling a vacancy in that class, or 2) if no
vacancy exists, displacing the employee in the class with the least service credit, whose
position the employee has the necessary qualifications to perform. A displaced employee
shall have bumping rights.
C. An employee who receives a layoff notice must exercise bumping rights within seven (�)
calendar days of receipt of the notice as specified in Part 1. Failure to respond within the
time limit shall result in a rebuttable presumption that the employee does not intend to
exercise any right of reduction or bumping to a lower class. The employee must carry the
burden of proof to show that the employee's failure to respond within the time limits was
reasonable. If the employee establishes that failure to respond within the time limit was
reasonable, to the Personnel Director's satisfaction, the employee shall be permitted to
exercise bumping rights but shall not be reinstated to a paid position until the employee to be
bumped has vacated the position. If the employee disagrees with the Personnel Director's
decision, the employee may appeal pursuant to the provisions of Sections 3 and 4 below.
Section 2. Reinstatement/Reemployment Lists
Any employee who takes a reduction to a position in a lower class within the occupational series in
lieu of layoff shall be placed on the reinstatement/reemployment list pursuant to Part 3.,
Reemoloyment.
Section 3. Qualifications Appeal
0018854.01 -5- 07/12/96 4:49 PM /?FS 96-�S
Any employee who is denied a reduction to a position in a lower class within the occupational series
on the basis that the employee does not possess the necessary qualifications to successfully
perform the duties of the lower position may appeal the decision. The appeal shall be filed with the
Personnel Director within five (5) calendar days of the employee's receipt of written notice of`the
decision and reason(s) for denial. The employee's appeal shall be in writing and shall include
supporting facts or documents supporting the appeal.
Section 4. Qualifications Appeal Hearing
A. Upon receipt of an appeal, the Personnel Director shall contact a mediator from the California
State Mediation and Conciliation Service to schedule a hearing within two (2) weeks after
receipt of the appeal. If the California State Mediation and.Conciliation Service is not
available within that time frame, the parties shall mutually select a person who is available
within the time frame. If the California State Mediation and Conciliation Service and the
person mutually selected are not available within the time frame, the parties shall select the
earliest date either is available to conduct the hearing. The parties shall split the cost, if.any,
of the hearing officer. In addition, the parties shall meet within three (3)work days to attempt
to resolve the dispute. If the dispute remains unresolved, the parties shall endeavor in good
faith to submit to the hearing officer a statement of all agreed upon facts relevant to the
hearing.
B. Appeal hearings shall be limited to two (2) hours, except as otherwise agreed by the parties
or directed by the hearing officer.
C. The hearing officer shall attempt to resolve the dispute by mutual agreement if possible. If no
agreement is reached, the hearing officer shall render a decision at the conclusion of the
hearing which shall be final and binding.
001EE54.01 -6- 07/12/96 4:49 PM
PART 3. REEMPLOYMENT
Section 1. Reemployment
A. Employees who are laid off or reduced to avoid layoff shall have their names placed upon a
reemployment list, for each class in the occupational series, in seniority order at or below the.
level of the class from which laid off or reduced.
B. Names of persons placed on the reemployment lists shall remain on the list for two (2) years
from the date of layoff or reduction.
C. Vacancies shall be filled from the reemployment list for a class, starting at the top of the list,
providing that the person meets the necessary qualifications for the position.
D. Names of persons are to be removed from the reemployment list for a class if on two-(2)
occasions they decline an offer of employment or on two (2) occasions fail to respond to
offers of employment in a particular class within five (5) calendar days of receipt of written
notice of an offer. Any employee who is dismissed from the City service for cause shall have
his or her name removed from all reemployment lists.
E. Reemployment lists shall be available to HBMEA and affected employees upon reasonable
request.
F. Qualifications appeals involving reemployment rights shall be resolved in the same manner
as that identified in Part 2., Section 4.
Section 2. Status on Reemployment
A. Persons reemployed from layoff within a two (2) year period from the date of layoff shall.
receive the following considerations and benefits:
1. Service credit held upon layoff shall be restored, but no credit shall be added for the
period of layoff.
2. Prior service credit shall be counted toward sick leave and vacation accruals.
3. Employees may cash in sick leave upon layoff or at any time after layoff in the
manner and amount set forth in existing Memoranda of Understanding for that
0018854.01 -7- 07/12/96 4:49 PM hi�b 96'�S
employee's unit Sick leave shall be paid to an employee when the reemployment
list(s) expire(s), if not previously paid.
4. Upon reinstatement the employee may have his or her sick leave recredited by
repayment to the City the cashed amount Sick leave accumulation of less than 480
hours shall be restored upon reemployment
5. The employee shall be returned to the salary step of the classification held at the time
of the layoff and credited with the time previously served at that step prior to being
laid off.
6. The probationary status of the employee shall resume if incomplete.
B. Employees who have reduced to avoid layoff and are returned within-two (2}years to their
former class shall be placed at the salary step of the class they held-at the time of reduction
and have their merit increase eligibility date recalculated.
0018854.01 -8- 07/12/96 4:49 PM �( 96_�S-
Res. No. 9 6-8 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE. ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at a regular
meeting thereof held on the 16 t h day o f September , 19 9 6
by the following vote:
AYES: Councilmembers:
Harman , Bauer, Sullivan, Dettloff, Green, Garofalo, Leipzis
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
City Clerk and ex-officio C rk
of the City Council of the City
of Huntington Beach, California .
Page 12 - Council/Agency Minutes - 09/03/96
(City Council) Resolution No. 96-81 -Adopted -The City Of Huntington Beach
Emergency Management Plan (510.20) -Adopted Resolution No. 96-81 - "A Resolution Of
The City Council Of The City Of Huntington Beach Adopting The City Of Huntington Beach
Emergency Management Plan And Approving Submittal Of The Huntington Beach Emergency
Plan To The State Of California Office Of Emergency Services By September 30, 1996."
(City Council) Resolution No. 96-82 -Adopted - Layoff Procedure For Municipal
Employees Association - Side Letter (720.20) -Adopted Resolution No. 96-82 - `A
Resolution Of The City Council Of The City Of Huntington Beach Approving And Implementing
A Side Letter Of Agreement With The Huntington Beach Municipal Employees Association."
(City Council) Substitution Of Bonds -Tract No. 14662 - PLC Land Company Purchased
From Huntington Beach Company -West Of Huntington Street - North Of Main Street -
Approved (420.60) - 1. Released Huntington Beach Company Bond Nos. 11141536091,
11141536091, and 11141536083, the securities furnished for faithful performance, labor and
materials; 2. accepted PLC Land Company Bond Nos. 3SM 886 088 00, 3SM 886 088 00
and 3SM 886 085 00, the securities furnished for faithful performance, labor and material and
monuments respectively, and instructed the City Clerk to file the bonds with the City Treasurer;
and 3. instructed the City Clerk to notify the previous developer, Huntington Beach Company,
of this action, and the City Treasurer to notify the bonding company of this action.
(City Council) Release Of Securities - City Acceptance Of Tract No. 13478 - Haseko
Townhomes, Inc., Southwest Corner Walnut Avenue And Second Street -Approved
(420.60) 1. Accepted the improvements constructed and dedicated for public use within Tract
No. 13478; 2. Released Bond Nos. 3SM 71690100 and, 3SM 71690100 and 3SM 71690200,
the security furnished for faithful performance, labor and material and monuments respectively;
and 3. Accepted Maintenance Bond No. 423171 S, the security furnished for guarantee and
warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer;
and 4. Instructed the City Clerk to notify the developer, Haseko Townhomes, Inc., of this action
and the City Treasurer to notify the bonding company of this action.
(City Council) Release Of Securities - City Acceptance Of Tract No. 13722 California
Resorts And Haseko Associates (Pierside Pavilion) Northeast Corner Pacific Coast
Highway And Main Street -Approved (420.60) 1. Accepted the improvements constructed
and dedicated for public use within Tract No. 13722 (Pierside Pavilion); and, 2. Released Bond
Nos. 3SM 71690100, and 3SM 71690100, and 3SM 71690200, the security furnished for
faithful performance, labor and material and monuments respectively; 3. Accepted
Maintenance Bond No. 423172S, the security furnished for guarantee and warranty
improvements; and instructed the City Clerk to file the bond with the City Treasurer; and
4. Instructed the City Clerk to notify the developer, California Resorts/Haseko Associates of
this action and the City Treasurer to notify the bonding company of this action.
506
RESOLUTION NO. '96-82
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING A SIDE LETTER
OF AGREEMENT WITH THE HUNTINGTON BEACH
MUNICIPAL EMPLOYEES ASSOCIATION
The City Council of the City of Huntington Beach does resolve as follows:
Section 1. The Side Letter of Agreement between the City of Huntington Beach and the Huntington
Beach Municipal Employees Association, a copy of which is attached hereto and by reference made a part hereof,
is hereby adopted and ordered implemented in accordance with the terms and conditions thereof, and the Personnel
Director is authorized to execute said Agreement. Further,the City previously approved a Memorandum of
Understanding with the Huntington Beach Municipal Employees Association for 1994 ("MOU"), which has since
expired, but which the City is currently honoring at its sole discretion. The MOU contains provisions that revise
the Personnel Rules of the City of Huntington Beach in connection with layoffs. To the extent that the attached
Agreement is inconsistent with that MOU, then said Agreement is controlling. Further,to the extent that said
Agreement is inconsistent with any of the provisions of the Personnel Rules regarding layoffs,then said
Agreement shall be controlling.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 3 r d day ofs e p t e m l)d W6.
Mayor
ATTEST: APPROVED AS TO FORM:J
City Clerk City Attorney f 2 z 26
REVIE APPROVED: INI E PROVED:
City Administrator irector o d1 " "strative rvices
SFA PCD:Resolut:MEAside
8/22/96
RLS 96-515
Side Letter of Agreement
Between the"City of Huntington Beach
and the Municipal Employees Association
This is to memorialize an agreement between the City of Huntington Beach and the
Municipal Employees Association regarding layoff procedures, reduction in lieu of layoff
and reemployment rights of unit employees (copy attached). It is the intent of the City
of Huntington Beach to apply this rule to all non-safety employees.
This agreement is to be incorporated into any future Memorandum of Understanding
between the City and the Municipal Employees Association.
31$rA
A soc' n Representative Date City Attorney Date
r
City Date
attachment
0019981.01 08/22/96 3:51 PM
City/MEA Proposal
July 12, 1996
City/MEO Proposal
June 11, 1996
RULES GOVERNING LAYOFF, REDUCTION IN LIEU
OF LAYOFF AND REEMPLOYMENT `J
PART 1. LAYOFF PROCEDURE
Section 1. General Provisions
A. Whenever it is necessary because of lack of work or funds to reduce the staff of a City
department, employees may be laid off pursuant to these rules.
B. Whenever an employee is to be separated from the competitive service because the tasks
assigned are to be eliminated or substantially changed due to management-initiated
changes, including but not limited to automation or other technological changes, it is the
policy of the City that steps be taken by the Personnel Division 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 increase
efficiency.
C. A department shall reduce staff by identifying which positions within the department are to be
eliminated.
D. The employee who has the least City-wide service credit in the class within the department
shall have City-wide transfer rights in the class pursuant to Part 1., Section 3., Transfer or
Reduction to Vacancies in Lieu of Lavoffs, or within the occupational series pursuant to Part
2., BUmoinQ Riohts.
E. If a deadline within this procedure falls on a day the City Hall is closed, the deadline shall be
the next day City Hall is open.
0018854.01 -1- 07/12/96 4:49 PM
Section 2. Service Credit
A. Service credit means total time of full-time continuous service within the City at the time the
layoff is initiated, including probation, paid leave or military leave. Permanent part-time
employees earn service credit on a pro rata basis.
B. Except as required by law, leaves of absence without pay shall not earn service credit.
C. As between two or more employees who have the same amount of service credit, the
employee who has the least amount of service in class shall be deemed to be the least
senior employee.
Section 3. Transfer or Reduction to Vacancies in Lieu of Layoff
A. In lieu of layoff, a transfer within class shall be offered to an employee(s)with the least
amount of service credit in the class designated for staff reduction within a department
subject to the following:
1. The employee has the necessary,qualifications to perform the duties of the position.
2. The employee shall be given the opportunity, in order of service credit, to accept a
transfer to a vacant position in the same class within the City, provided the employee
has the necessary qualifications to perform the duties of the position.
3. If no position in the same class is vacant, the employee shall be given the opportunity,
in order of service credit, to transfer to the position in the same class that is held by an
incumbent in another department with the least amount of service credit whose
position the employee has the necessary qualifications to perform.
B. If an employee(s) is not eligible for transfer within the employee's class, the employee shall
be offered, in order of service credit, a reduction to a vacant position in the next lower class
within the City in the occupational series in lieu of layoff provided the employee has the
necessary qualifications to perform the duties of the position.
C. If the employee refuses to accept a transfer or reduction pursuant to A. or B., above, the
employee shall be laid off.
0018854.01 -2- 07/12-/96 4:49 PM
D. If the employee(s) in the class with the least amount of service credit is in the position(s) to
be eliminated or displaced by transfer, the employee shall be offered bumping rights,
pursuant to Part 2.
E. Any employee who takes a reduction to a position in a lower class within the occupational
series in lieu of layoff shall be placed on the reinstatement/reemployment list(s) pursuant to.
Part 3., Reemployment.
Section 4. Order of Layoff
A. Prior to implementing a layoff, vacant positions that are authorized to be filled shall be
identified by City-wide occupational series. If the employee refuses to accept a position
pursuant to Section 3., above, the employee shall be laid off.
B. No promotional probationary employee or permanent employee within a class in the
department shall be laid off until all temporary, non-permanent part-time and non promotional
probationary employees in the class are laid off. Permanent employees whose positions
have been eliminated may exercise City-wide bumping rights to a lower class in the
occupational series pursuant to Part 2.
C. When a position in a class and/or occupational series is eliminated, any employee in the
class who is on authorized leave of absence or is holding a temporary acting position in
another class shall be included for determining order of service credit and be subject to these
layoff procedures as if the employee was in his or her permanent position.
Section 5. Notification of Employees
A. The Personnel Division shall give written notice of layoff to the employee by personal service
or by sending it by certified mail to the last known mailing address at least fifteen (15)
calendar days prior to the effective date of the layoff. Normally notices will be served on
employees personally at work.
B. Layoff notices may be initially issued to all employees who may be subject to layoff as a
result of employees exercising voluntary reduction/bumping rights.
0018854.01 -3- 07/12/96 4:49 PM
C. The notice of layoff shall include the reason for the layoff, the effective date of the layoff, the
employee's hire date and the employee's service credit ranking. The notice shall also include
the employee's right to bump the person in a lower class with the least service credit within
the occupational series provided the employee possesses the necessary qualifications to
successfully perform the duties in the lower class and the employee has more service credit
than the incumbent in the lower class.
D. The written layoff notice given to an employee shall include notice that he or she has seven
(7) calendar days from the date of personal service, or date of delivery of mail if certified, to
notify the Personnel Director in writing if the employee intends to exercise the employee's
bumping rights, if any, pursuant to Part 2., Bumoing Rights.
E. Whenever practicable, any employee with the least amount of service credit in a lower class
within an occupational series which is identified for work force reduction shall also be given
written notice that such employee may be bumped pursuant to Part 2. This notice shall
include the items referred to in C., above.
F. If an employee disagrees with the City's computation of service credit or listed date of hire,
the employee shall notify the Personnel Director as soon as possible but in no case later than
five (5) calendar days after the personal service or certified mail delivery. Disputes regarding
date of hire or service credit shall be jointly reviewed by the Personnel Director and the
employee and/or the employee's representative as soon as possible, but in no case later
than five (5) calendar days from the date the employee notifies the Personnel Director of the
dispute. Within five (5) calendar days after the dispute is reviewed, the employee shall be
notified in writing of the decision.
0018854.01 -4- 07/12/95 4A9 PM
PART 2. BUMPING RIGHTS
Section 1. Voluntary Reduction or Bumping in Lieu of Layoff
A. A promotional probationary employee or permanent employee who receives a layoff notice
may request a reduction to a position in a lower class within the occupational series provided
the employee possesses the necessary qualifications to perform the duties of the position.
B. Employees electing reduction under A. above, shall be reduced to a position authorized to be
filled in a lower class within the employee's occupational series. The employee may reduce
to a lower class in his/her occupational series by 1) filling a vacancy in that class, or 2) if no
vacancy exists, displacing the employee in the class with the least service credit, whose
position the employee has the necessary qualifications to perform. A displaced employee
shall have bumping rights.
C. An employee who receives a layoff notice must exercise bumping rights within seven (7)
calendar days of receipt of the notice as specified in Part I. Failure to respond within the
time limit shall result in a rebuttable presumption that the employee does not intend to
exercise any right of reduction or bumping to a lower class. The employee must carry the
burden of proof to show that the employee's failure to respond within the time limits was
reasonable. If the employee establishes that failure to respond within the time limit was
reasonable, to the Personnel Director's satisfaction, the employee shall be permitted to
exercise bumping rights but shall not be reinstated to a paid position until the employee to be
bumped has vacated the position. If the employee disagrees with the Personnel Director's
decision, the employee may appeal pursuant to the provisions of Sections 3 and 4 below.
Section 2. Reinstatement/Reemployment Lists
Any employee who takes a reduction to a position in a lower class within the occupational series in
lieu of layoff shall be placed on the reinstatement/reemployment list pursuant to Part 3.,
Reemployment.
Section 3. Qualifications Appeal
0018854.01 -5- 07/12/96 4:49 PM
Any employee who is denied a reduction to a position in a lower class within the occupational series
on the basis that the employee does not possess the necessary qualifications to successfully
perform the duties of the lower position may"appeal the decision. The appeal shall be filed with the
Personnel Director within five (5) calendar days of the employee's receipt of written notice ohhe
decision and reason(s) for denial. The employee's appeal shall be in writing and shall include
supporting facts or documents supporting the appeal.
Section 4. Qualifications Appeal Hearing
A. Upon receipt of an appeal, the Personnel Director shall contact a mediator from the California
State Mediation and Conciliation Service to schedule a hearing.within two (2) weeks after
receipt of the appeal. If the California State Mediation and Conciliation Service is not
available within that time frame, the parties shall mutually select a person who is available
within the time frame. If the California State Mediation and Conciliation Service and the
person mutually selected are not available within the time frame, the parties shall select the
earliest date either is available to conduct the hearing. The parties shall split the cost, if any,
of the hearing officer. In addition, the parties shall meet within three (3)work days to attempt
to resolve the dispute. If-the dispute remains unresolved,the parties shall endeavor in goad .
faith to submit to the hearing officer a statement of all agreed upon facts relevant to the
hearing.
B. Appeal hearings shall be limited to two (2) hours, except as otherwise agreed by the parties
or directed by the hearing officer.
C. The hearing officer shall attempt to resolve the dispute by mutual agreement if possible. If no
agreement is reached, the hearing officer shall render a decision at the conclusion of the
hearing which shall be final and binding.
0018854.01 -6- 07/12/96 4A9 PM
• PART 3. REEMPLOYMENT
Section 1. Reemployment
A. Employees who are laid off or reduced to avoid layoff shall have their names placed-Upon a
reemployment list, for each class in the occupational series, in seniority order at or below the
level of the class from which laid off or reduced.
B. Names of persons placed on the reemployment lists shall remain on the list for two (2) years
from the date of layoff or reduction.
C. Vacancies shall be filled from the reemployment list for a class, starting at the top of the list,
providing that the person meets the necessary qualifications for the position.
D. Names of persons are to be removed from the reemployment list for a class if on two (2)
occasions they decline an offer of employment or on two (2) occasions fail to respond to
offers of employment in a particular class within five (5) calendar days of receipt of written
notice of an offer. Any employee who is dismissed from the City service for cause shall have
his or her name removed from all reemployment lists.
E. Reemployment lists shall be available to HBMEA and affected employees upon reasonable
request.
F. Qualifications appeals involving reemployment rights shall be resolved in the same manner
as that identified in Part 2., Section 4.
Section 2. Status on Reemployment
A. Persons reemployed from layoff within a two (2) year period from the date of layoff shall
receive the following considerations and benefits:
1. Service credit held upon layoff shall be restored, but no credit shall be added for the
period of layoff.
2. Prior service credit shall be counted toward sick leave and vacation accruals.
3. Employees may cash in sick leave upon layoff or at any time after layoff in the
manner and amount set forth in existing Memoranda of Understanding for that
0018854.01 -7- 07/12/96 4:49 PM
. employee's unit. Sick leave shall be paid to an employee when the reemployment
list(s) expire(s), if not previously paid.
4. Upon reinstatement the employee may have his or her sick leave recredited by
repayment to the City the cashed amount. Sick leave accumulation of less than 480
hours shall be restored upon reemployment.
5. The employee shall be returned to the salary step of the classification held at the time
of the layoff and credited with the time previously served at that step prior to being
laid off.
6. The probationary status of the employee shall resume if incomplete.
B. Employees who have reduced to avid layoff and are returned within two (2) years to their
former class shall be placed at the salary step of the class they held at the time of reduction
and have their merit increase eligibility date recalculated.
0018854.01 -8- 07/12/96 4:49 PM
Res. No. 9 6-8 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I. CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at a regular
meeting thereof held on the 3 r d day of September , 19 9 6 ,
by the following vote:
AYES: Councilmembers:
Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Green
City Clerk and ex-ofl'icio Clerk
of the City Council of the City
of Huntington Beach,California
RESOLUTION NO. 5386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING SECTION 11 OF EMPLOYER-
EMPLOYEE RELATIONS RESOLUTION NO. 3335 RELATING
TO PERSONS NOT IN UNITS
WHEREAS, the City Council approved the current Memorandum of
Understanding with the Huntington Beach Management Employees
Organization by' resolution on August 1 , 1983, and
Such Memorandum of Understanding provides that "The depart-
ment head positions of Chief of Administrative Services , Director
of Community Services, Director of Public Works , Director of
Development Services , Fire Chief, and Police Chief may cease to be
represented by --the organization upon mutual agreement . , " and
Each such listed department head has so agreed by executing
the attached Exhibit "A" hereto, and Section 11 of Resolution No .
3335 does not presently apply to such listed department head
positions, and the City Council desires to amend such resolution
to include such positions and more clearly articulate the proce-
dure to be followed relating to salary and benefit increases ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that Section 11 of Resolution No. 3335 is
hereby amended to read as follows :
Elected and appointed department head positions and all other
employees not included within an appropriate unit and, therefore ,
not represented by a recognized employee organization, hereinafter
referred to as "non-associated, " shall have their base salary
ranges, fringe benefits and other terms and conditions of employ-
ment, insofar as such do not conflict with the city Charter ,
determined in accordance with the following procedure :
(a) The City Administrator shall assemble relevant data and
information pertinent to the matters encompassed by this section
and shall discuss such data and information with all non-asso-
ciated individuals who shall have the right to present to the City
Administrator additional relevant data and information which shall
be duly received and considered in good faith by the City Adminis-
trator . The relevant data and information shall be prepared not
later than May 1 of each year . Relevant data and information
shall include , but not be limited to, salary surveys of comparable
cities and data regarding salaries and benefits of other employees
of the City of Huntington Beach.
1 .
(b) The City Administrator shall then present recommendations
to the City Council for changes in the salary ranges, fringe bene-
fits and other terms and conditions of employment for such
employees . Such recommendations shall be presented in written and
oral form along with the relevant data and information .
(c) After duly considering all relevant data and informa-
tion received by it, the City Council shall by resolution deter-
mine the matters with which this section is concerned. Such
determination shall be based on relevant data and information . In
the event the City Council rejects the recommendation of the City
Administrator, the City Administrator and the non-associated
individuals shall have the opportunity to appear before and be
heard by the City Council, with respect to which such individuals
shall have the same rights as enumerated in subsection (a) of this
section, prior to the determination by the City Council of such
matters .
(d) All salary and other adjustments made pursuant to this
section shall be effective as of July 1 of each year unless other
provision is made , and the funding thereof shall be included in the
city's budget .
(e) The purpose of this section is to determine salary and
other adjustments for a position without regard to the individual
occupying such position.
Section 11 of Resolution No . 3335 and all other resolutions in
conflict herewith are hereby repealed .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 4th
day of _ June 1984.
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIE D APPROVED: Eb N AP OVED:
City Administrator Chief, ministrative Sery ces
2.
EXHIBIT "A"
CONSENT BY APPOINTED DEPARTMENT HEAD POSITIONS
We , the undersigned department heads, have read the within
Resolution amending Section 11 of Resolution No . 3335, and hereby
agree therewith pursuant to the provisions of Article 1 of the
Memorandum of Understanding with the Management Employees Organi-
zation mentioned therein.
Police Chief Fire Chief
9 -o
Public Works Director D rector, Development Services
Director , Community Services Chief, A nistrative S vic s
Res. No. 5386
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
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 4th day
of June 1984 by the following vote:
AYES: Councilmen:
MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
RESOLUTION NO. 4339
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AMENDING THE EMPLOYER-
EMPLOYEE RESOLUTION
BE IT RESOLVED by the Huntington Beach City Council that
Section 11 of Resolution No . 3335, as amended by Resolution
Nos . 3461, 4054 and 4275, is hereby amended to read as follows :
SECTION 11
PERSONS NOT IN UNITS
Employees not included within an appropriate unit and,
therefore, not represented by a recognized employee organiza-
tion and elected department heads shall have their base
salary ranges, fringe benefits and other terms and conditions
of employment , insofar as such do not conflict with the City
Charter, determined in accordance with the following procedure:
(1) Not less than one month prior to the time the annual
City budget is presented to the City Council for adoption, the
City Administrator shall assemble relevant data and information
pertinent to the matters encompassed by this section and shall
discuss such data and information with the persons concerned
who shall have the right to present to the City Administrator
relevant data and information which shall- be duly received
and considered by the City Administrator.
(2 ) The City Administrator shall then present in written
and oral form such relevant data and information to the City
Council as the Council may desire .
(3 ) After duly considering all relevant data and infor-
mation received by it, the City Council shall by resolution
determine the matters with which this section is concerned.
Such determination shall be based on relevant data and infor-
mation. In the event the City Council rejects the recommenda-
tions of the City Administrator, the City Administrator and
the person ` concerned shall have the opportunity to appear
before and be heard by the City Council, with respect to which
the person concerned shall have the same rights as enumerated
in subsection (1) of this section, prior to the determination
by the City Council of such matters .
1.
er
(4 ) All salary and other adjustments made pursuant to
this section shall be effective as of July 1 of each year unless
other provision is made, and the funding thereof shall be in-
cluded in the City' s budget .
(5) The purpose. of this section is to determine salary
and other adjustments for a position without regard to the
individual occupying such position.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the lst
day of November, 1976 .
ATTEST• Mayor
City Clerk
REVIEWED AND APPROVED: APPROVED AS TO F RM:
ty Administrator IAM S r)1stant
AMSBARY,
Ci Attorney
INITIATED AND APPROVED AS TO CONTENT:
2.
Res. No. 4339
STATE OF CALIFORNIA )
COUNTY OF ORANGE - ) ss:
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 1st day
of November , 19 76 by the following vote:
AYES: Councilmen:
Bartlett, Coen, Gibbs, Wieder
NOES: Councilmen:
Siebert
ABSENT: Councilmen:
Pattinson, Shenkman
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
RESOLUTION N0. 4275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 3335
PERTAINING TO EMPLOYER-EMPLOYEE RELATIONS
The City Council of the City of Huntington Beach does
resolve as follows :
SECTION 1. Resolution No . 3335, as amended by Resolution
No. 3461 and Resolution No. 4054, is hereby amended by amending
Section 5-2 to read as follows:
5-2 . CITY 'S REPRESENTATIVE AND NEGOTIATOR DESIGNATED . The
City Council hereby designates the- City Administrator, or his
designee , as the city 's principal representative in all matters
of employer-employee relations . However, the city 's negotiator
with authority to meet and confer in good faith on matters within
the scope of representation shall be any person or persons who
may be designated from time to time by minute action of the City
Council .
I
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of July, 1976 .
�a
Mayor
ATTEST:
l�
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Acti City Administrator Ci y Atto
APPROVED, INITIATING DEPARTMENT:
e4e��
DPB: er
Res. No. 4275
S'rA'l'E OF CALIFORNIA. )
COUNTY OF ORANGE
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 6t-h day
of July 6 19Zfi_, by the following vote:
AYES: Councilmen:
Bartlett._Pattinson;. Coen, Siebert, Sh n m n, Wi.PdPr
NOES: Councilmen:
None
ABSENT: Councilmen:
Gibbs
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
RESOLUTION NO. 4054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AMENDING RESOLUTION NO.
3335 TO DESIGNATE THE PERSONNEL DIRECTOR AND
THE CITY ATTORNEY AS THE CITY'S PRINCIPAL
NEGOTIATORS
The City Council of the City of Huntington Beach does
resolve as follows :
SECTION 1. That Resolution No . 3335, as amended by
Resolution No. 3461 , is hereby amended by amending Section 5-2
only, to read as follows :
5-2 . CITY' S REPRESENTATIVE AND NEGOTIATORS DESIGNATED.
The City Council hereby designates the City Administrator, or
his designee, as the city ' s principal representative in all
matters of employer-employee relations . However, the City
Council hereby designates the Personnel Director, or his des-
ignee, and the City. Attorney, or his designee, as the city ' s
negotiators with authority to meet and confer in good faith
on matters within the scope of representation.
SECTION 2 . All sections of Resolutions No . 3335 and 3461
not expressly amended by this resolution shall remain .in full
force and effect .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th
day of April, 1975 •
Mayor
ATTEST : APPROVED AS TO FORM:
Alicia M. Wentworth
City Clerk
BY= ,L�7Z�Z(�'� � C Q ( mom
Deputy City Clerk City Attorn
APPROVED AS TO CONTENT:
DPB: ahb �.
City Administrator
1
Res. No. 4054
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
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 April 19 75 by the following vote:
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
None
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By:_ i
Deputy City Clerk
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
_I
Employees of the city have the right to be fully informed
of expected performance, level of performance, promotion on
the basis of merit and ability, reward for good performance,
discipline for poor performance , and protection from 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 .
1
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.
Open-competitive examination: one that is open to all
persons meeting the minimum qualification for the class .
Promotional examination: a test for a position in a
particular class , limited to qualified employees in
the competitive service .
Continuous examination: an open-competitive examin-
ation given periodically. The names of applicants
achieving a passing grade shall be placed on an em-
ployment list in the order of the scores received,
and such list shall remain in effect for one Cl)
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 continuous 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 .
4-29 . 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 f
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. An office or employment 'y (whether i
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 is 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.
I
I
4-52• RESIGNATION. Termination of employment at
employees request , the
4-53. REVIEW PROCEDURE.
of The rules and
the interpretation personnel disciplinary procedures
governing the review
application of these rules .
and
4-54• RULES•
hive service of the CiRules and regulations for the compet= I
Y of Huntington Beach as embodied in
this resolution. I
4-55,
or more steps SALARY ADVANCEMENT,
P within the limits of A salary increase of one
for a class , a salary `
Y range established '
4-56.
a class as set forthSALAR YinANGE. The range
the compensation of salary rates for ' !
Plan.
4-57• SALARY RATE.
salary range or the flat Dollar amount of
range, designated amount for a class havinh no s step 1n a
as compensation for services renderedalary
4-58• SALARY STEP. '. a salary range. The minimum to
maximum increments of
4-59, i
With or remo
without SUSPENSION, A temporary
or for the Pay of an employee for disc
ival from duty,
an employee.
investigating Plinary purposes
Purpose of i
P Yee, g accusations brought '
g against
4-60. TEMPORARY POSITION,
Position which shall exist for A full-time or
a limited time .
part-time
4-61. TERMINATION.
service , Separation from the competitive
4-62. TRANSFER,
A change of an employee from one
department or
division to another.
4-63• VACANCY,
p employe .
Position unoccupied by a
Probationary or regular em to
4-64 • WORKDAY,
is re The number of hours an em
quired to work as set forth in theseplo er1n
each position
4-65• WORK SCHEDULE, ules .
to a work shift or a series of workashifts i
calendar day assignment of a position
period, n a seven (7)
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 probatinary 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 ,
r 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 from the examination,
shall remain in effect for one (1) year
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.
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
i
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 .
(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 br 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 .
(45 ) 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 .
(29 ) 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 .
( l). ; 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 .
r (c) 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 .
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.
(c ) Terminate the salary of the employee as of the date
of dismissal except that he shall be paid any earned but .un-
paid salary, and paid for any and all unused and accumulated
vacation, sick leave , as provided in Section 18-14 hereof, or
overtime to his credit as of the date of dismissal.
Where an appeal is taken to the appellate authority from
an order of dismissal, the vacancy in the position shall be
considered a temporary vacancy pending final action by the
appellate authority and the department head, and may be filled
only by a temporary or provisional appointment .
7-10. AEINSTATEMENT': ,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-
lic 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; C2) employee with greatest total calendar time
in city service; and C3) 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.
teen or are about to be changed substantially or eliminated by
I 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.
RUDEE 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
satisfactory completion of a probationary period of not less
26 .
i. .
than six (6) months or more than one Cl) year. In cases where
the original probationary period is less than one Cl) 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 six (6) months
in service a�s 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 probationary 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 devel-
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 .
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.
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
reflect 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 C3) 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 work week 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 .
i
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:
i
(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 .
fib) Loans or savings in the Employees ' Credit Union.
Cc ) 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 following:
(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 :
i
(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 .
f
(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.
40.
(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
i 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.
i
I 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 . Ar,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 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.
Cl) 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 worktays, 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 .
45.
i
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 19-3 .
19-3 . MATTERS _EXCLUDED. FROM.-:GRIEVANCE PROCEDURE. The
following subjects are excluded from the grievance procedure
provided for herein:
(a) The review of employee disciplinary matters which
is treated in Rule 20 hereof.
(b) All matters subject to impasse procedure, provided
in the Employer-Employee Relations Resolution.
19-4 . SUBMISSION OF GRIEVANCES. Any individual employee
or recognized employee organization shall have the right to
present a grievance .
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 C5 ) 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 C5)
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 , 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. 1 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 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.
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 20 , all references to days shall
be interpreted to mean calendar days .
21-12 . TIME. EXTENSION OF. Upon written consent of
the parties , the time limitation imposed upon procedures set
forth in these rules may be extended a reasonable time .
21-13. MEMORANDA OF AGREEMENT GIVEN PRECEDENCE. In any
case in which any provision of this resolution is inconsistent
with a provision embodied in any memorandum of agreement be-
tween a recognized employee organization and the city, approved
by the Council and executed, the provision contained in such
memorandum of agreement shall supersede the provision contained
in these rules . '
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
day. of October, 1974 .
ATTEST: Mayor
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Administrator City t ey yr�
55•
ADDENDUM I TO RESOLUTION NO. 3960
DEPARTMENT HEADS AND KEY PERSONNEL
Administrative Analyst
Administrative Asst.
Asst . Building Director
Asst . City Attorney
Asst . Director Admin.
Asst . Director Finance
Asst . Director Harbors & Beaches
Asst. Director Library
Asst. Personnel Director
Battalion Chief
City Administrator
City Attorney
City Clerk
City Treasurer
Civil Defense/Emer . Services Coord.
Data Processing Supervisor
Department Analyst
Deputy Attorney I
Deputy Attorney II
Deputy Attorney III
Director Finance '
Director Harbors & Beaches
Director Building & Comm. Dev.
Director Library
i Director Personnel
Director Planning & Env. Resources
I Director Public Works
Director Recreation & Parks
Division Engineer
Economic Development Officer
Environmental Resources Admin.
Executive Assistant
Fire Chief
Fire Marshal
Internal Auditor
Invest. Officer
Manpower Analyst
Marine Safety Captain
Operations Officer
Personnel Analyst
Planning Program .Admin.
Planner Senior
Police Captain
Police Chief
Programmer/Analyst
Purchasing Officer
Superintendent Oil
Superintendent Parks
Supervisor Beach
Supt. Recreation $ Human Services
Supervisor License
Supervisor Accountant
Supervisor Recreation
Traffic Engineer
i
I
i
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 I
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 r
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
4-24 . 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
i
' 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 i
4-66 . Work Shift 8
4-67 . Y-Rate
RULE 5 - RECRUITMENT AND SELECTION PROCEDURE f
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 j
5-9 . Medical Examination 10 i
5-10 . Announcements
5-11. Application Forms j
5-12 . Disqualification I
5-13. Nature and Types of
Examinations 12
5-14 . Promotional Examinations ;
5-15 . Open-Competitive Examinations
5-16. Conduct of Examinations 13
ii
i
Page No .
RULE 5 - RECRUITMENT AND SELECTION PROCEDURE
(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
7-9 . 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
iii
j 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 . - --Mer-it,-°Salary.,-Advancement Not
Affected by Authority to Fix
Salaries
iv
`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.
i
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
1-9-6 . 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 Ccontinued)
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 - SEVERABILITY
vii
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Res. No. 3960
i
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
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
I
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 [ , by the following vote:
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Wieder, Duke, Coen
NOES: Councilmen:
i
None
ABSENT: Councilmen:
Matney
City Clerk and ex-officio Clerk i
of the City Council of the City
of Huntington Beach, California
I
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' RESOLUTION NO. 3461
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AMENDING RESOLUTION NO .
3335 TO DESIGNATE THE CITY ADMINISTRATOR AS
THE CITY 'S PRINCIPAL REPRESENTATIVE IN ALL
MATTERS OF EMPLOYER-EMPLOYEE RELATIONS
The City Council of the City of Huntington Beach does
hereby resolve that Resolution No . 3335 entitled, "A Resolu-
tion of the City Council of the City of Huntington Beach
Adopting Rules and Regulations for the Conduct of Employer-
employee Relations within said City, " is hereby amended by
amending the following sections only , to read as follows :
5-2 . CITY 'S REPRESENTATIVE DESIGNATED . The City Council
hereby designates the City Administrator, or any person desig-
nated by him, as the city ' s principal representative in all
matters of employer-employee relations , with authority to meet
and confer in good faith on matters within the scope of repre-
sentation.
8-1 . MEMORANDUM OF AGREEMENT. TERMS AND CONDITIONS . All
matters of employer-employee relations within the scope of rep-
resentation for all employees in any unit represented by a recog-
nized employee organization, or any individual employee repre-
senting himself, shall remain the same from year to year unless
on or before March 1 of the calendar year 1972 , and March 1 of
each calendar year thereafter, proposals in writing identifying
the areas within the scope of representation to be covered in
negotiations are filed with the Personnel Director by such rec-
ognized employee organization, or such individual employee , or
the City Council .
All memoranda of agreement approved by the Council shall be
effective on July 1 of each year unless other provision is made ,
and the funding thereof shall be included in the city ' s budget .
No increase or improvement of wages , hours or other terms
or conditions of employment within the scope of representation
shall be effective for employees represented by recognized em-
1 .
1
ployee organizations except. by means of memoranda of agree-
ment signed by such recognized employee organizations and
the City Administrator, and approved by the City Council .
8-2 . APPROVAL OF . If agreement is reached by and be-
tween the City Administrator and the recognized employee or-
ganization, on matters within the scope of representation,
they shall jointly prepare a written memorandum of agreement .
Said agreement shall not be binding, nor of any force or ef-
fect , unless and until approved by the City Council .
In the event the Council does not approve said agreement ,
the Council shall refer such agreement back to the City Ad-
ministrator to make an additional attempt to meet and confer
in good faith with the recognized employee organization to
reach agreement which will be acceptable to the City Council .
Such agreement , as changed and modified, shall not be binding,
nor of any force or effect , unless and until approved by the
City Council.
9-1 . IMPASSE MEETING. REQUEST FOR . If, after a rea-
sonable period of time , the City Administrator and the repre-
sentatives of the recognized employee organization have ex-
hausted all possible means of reaching agreement , either party
may, by written communication to the other, request an impasse
meeting. Within ten (10) calendar days after receipt of the
written request , there shall be an impasse meeting between
the parties to :
(1) Make one more attempt to reach agreement .
(2) Identify and reduce to writing the issue or issues
in conflict .
(3) Select by mutual consent , the type of impasse pro-
cedure to be used .
9-2 . IMPASSE PROCEDURES . TYPES OF . Any of the follow-
ing procedures may be selected in order to resolve an impasse :
(a) Mediation (or Conciliation) . The mediator shall
make no public recommendations nor take any public position
concerning the issues . Mediation shall be conducted under
the rules of the California State Conciliation Service .
(b ) Fact Finding. The Fact Finder shall report his find-
ings only to the parties involved and the Personnel Board . Fact
finding shall be conducted under the rules and regulations of
the American Arbitration Association .
(c) Advisory Arbitration . To be conducted under the rules
2 .
and regulations of the American Arbitration Association. The
arbitrator 's recommendations will be submitted to both parties
and the Personnel Board .
(d) Personnel Board Hearing. The impasse may be referred
to the Personnel Board for a. hearing and recommendation to the
City Council .
When an impasse is resolved in accordance with the proce-
dures set forth in this section, the memorandum of agreement
shall be modified accordingly, and such modified memorandum of
agreement shall be submitted to the Personnel Board for review
and recommendation to the City Council . Said modified agree-
ment shall not be binding, nor of any force or effect , unless
and until approved by the City Council .
If no agreement can be reached on the impasse procedure to
be used pursuant to this section within ten (10) days after the
impasse meeting, such impasse will be automatically submitted
to the Personnel Board at private session for determination,
and such determination shall be final as between the recognized
employee organization and the City Administrator . The City
Administrator and the recognized employee organization shall
have the right to notice , attendance , opportunity to be heard
and present relevant evidence to the Board at such private
session . After reaching its determination which shall not be
subject to further review, the memorandum of agreement shall
be modified in accordance therewith, and such memorandum of
agreement , as modified, shall be transmitted, together with
a written report from the Personnel Board, to the City Council
for approval . Such memorandum of agreement , as so modified,
shall not be binding, nor of any force or effect , unless and
until approved by the City Council.
10-1 . REASONABLE TIME OFF TO MEET AND CONFER. The rec-
ognzied employee organization may select not more than two
( 2) employee members of such organization to attend scheduled
meetings with the City Administrator or other management of-
ficials on subjects within the scope of representation during
regular work hours without loss of compensation . Where cir-
cumstances warrant , the City Administrator may approve the
attendance .at such meetings of additional employee represen-
tatives without loss of compensation. The recognized employee
organization shall submit the names of all such employee rep-
resentatives to the City Administrator at least two (2) work-
ing days in advance of such meetings , provided that :
( a) No employee representative shall leave his duty or
work station or assignment without specific approval of the
department head or other authorized city management official .
3 •
(b) Any such meeting .is subject to scheduling by the
City Administrator in a manner consistent with operating needs
and work schedules .
SECTION 11
PERSONS NOT IN UNITS
PERSONS NOT IN UNITS . Employees. not included within an
appropriate unit and therefore not represented by a recognized
employee organization, and elected department heads shall have
their base salary ranges , fringe benefits and other terms and
conditions of employment , insofar as such do not conflict with
the city Charter, determined in accordance with the following
procedure :
( 1) Not less than one ( 1) month prior to the time the
annual city budget is presented to the City Council for adop-
tion, the City Administrator shall assemble relevant data and
information pertinent to the matters encompassed by, this sec-
tion and shall discuss such data and information with the per-
son concerned who shall have the right to present to the City
Administrator relevant data and information which shall be
duly received and considered by the City Administrator .
( 2) The City Administrator shall then present , in written
and oral form, such relevant data and information to the Per-
sonnel Board in private session with respect to which the per-
son concerned shall have the following rights : to prior notice ;
to attendance ; to be heard and present relevant data and in-
formation . The Personnel Board shall make findings and con-
clusions based on all relevant data and information received
by it at such session, and shall prepare and transmit to the
City Council its written report., including such findings , con-
clusions and recommendations , prior to the time the annual city
budget is presented to the City Council for adoption .
( 3) After duly considering the written report and recom-
mendations of the Personnel Board, the City Council shall, by
resolution, determine the matters with which this section is
concerned . In the event the City Council rejects the report
and recommendations of the Personnel Board, the City Admin-
istrator and the person concerned shall have the opportunity
to appear before and be heard by the City Council in private
session with respect to which the person concerned shall have
the same rights as enumerated in subsection (2) above of this
section, prior to the determination by the City Council of
such matters , and such determination shall be based on rele-
vant data and information.
4 .
( 4) All salary and other adjustments made pursuant to this
section shall be effective as of July 1 of each year unless
other provision is made , and the funding thereof shall be in-
cluded in the city ' s budget'.
( 5) The purpose of this section is to determine salary
and other adjustments for a position without regard to the in-
dividual occupying such position.
14-4 . DECISION. APPEAL FROM. Any provision of this
resolution to, the contrary notwithstanding, any decision of
the City Administrator or Personnel Director made pursuant to
this resolution may be appealed to the Personnel Board by any
employee organization or self-representing employee , adversely
affected by such determination, or by the City Council .
Any decision of the Personnel Board made pursuant to this
resolution may be appealed to the City Council by any employee
organization, or self-representing employee , adversely affected
by such determination, or by the City Council.
This section shall not apply to any determination made
by either the City Administrator or the Personnel Board in con-
nection with the impasse procedures pursuant to Section 9-2 of
this resolution.
Notice in writing by mail of all determinations of the City
Administrator or Personnel Director or the Personnel Board pur-
suant to this resolution must be served upon the employee organ-
ization or the self-representing employee concerned, and the City
Council, within five ( 5) days after such determination is made .
No appeal from any such determination may be made unless a
written notice of appeal is filed with the Personnel Board, in
the case of an appeal to the Personnel Board, or with the City
Council , in the case of an appeal to the City Council, within
ten (10) days following the date of service of notice of such
determination, as provided herein.
The date of mailing of such notice of determination, as
provided herein, shall be conclusively deemed the date of
service thereof.
All sections of Resolution No . 3335 not expressly amended
by this resolution shall remain in full force and effect .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of April, 1972 .
5 •
Mayo
ATTEST :
City erk
APPROVED AS TO FORM:
City At or ey ....::
v
6 .
Res. No. 3461
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , MAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the rd
day of April , 19 72 , by the following vote:
AYES: Councilmen:
Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
Cit an fficio Clerk
of the City Co cil of the City
of Huntington Beach, California
f
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RESOLUTION NO. 3381
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ADOPTING RULES AND REGU-
LATIONS GOVERNING PERSONNEL ACTIVITIES WITHIN
SAID CITY
WHEREAS, the City Council is authorized and directed, under
the provisions of Article 183, Chapter 18 of the Huntington Beach
Ordinance Code, to adopt rules and regulations for the adminis-
tration of the personnel system created by the city Charter and
said code ,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Huntington Beach does hereby adopt the following rules :
RULE 1
PURPOSE
The objectives of these rules are to facilitate efficient
and economical service to the public and to provide a fair and
suitable system of personnel management in the municipal govern-
ment . These rules set forth, in detail, procedures to accom-
plish the following: to insure similar treatment for all who
compete for employment and promotion; and to define obligations,
rights , benefits and prohibitions on all city employees .
At the same time, it -is recognized that individuals dif-
fer, and that no rule or regulation may properly prescribe uni-
form conditions applicable to every individual circumstance .
RULE 2
PRINCIPLES
The intent of these rules is to recognize the following
principles : the citizens of Huntington Beach have a right to
expect that the city will employ the best qualified persons
available; that tenure of every city employee will depend upon
need for the work performed, availability of funds , effective
performance, proper personal conduct , and continuing fitness for
his position; and that each employee will be encouraged and pre-
pared to perform at his optimum level.
1.
Employees of the city -have the right to be fully informed of
expected performance, level of performance, promotion on the basis
of merit and ability, reward for good performance, discipline for
poor performance, and protection from suspension, demotion, or
dismissal without just cause .
RULE 3
GENERAL PROVISION
FAIR EMPLOYMENT . City employment shall be based on merit .
No appointment to, promotion to or removal from a position in the
competitive service shall be affected or influenced in any manner
by sex, race, color, creed, nationality, age, political or re-
ligious opinion or affiliation, except as provided elsewhere in
these rules .
RULE 4
DEFINITIONS
The following terms, whenever used in these rules, shall be
construed as follows :
4-1. ACTING APPOINTMENT. The appointment, for a limited
period, of a person. to a position in a class for which no em-
ployment list exists ; to a position in a higher class occupied
by a permanent appointee on suspension; or to a position in a
higher class occupied by a probationary or permanent appointee
who is on authorized leave of absence; or occupying a position
for which a vacancy exists .
4-2 . ALLOCATION. The assignment of a single position
to its proper class in accordance with duties performed and
the authority and responsibility exercised.
4-3 . ANNIVERSARY DATE. The most recent date of com-
mencement of full-time employment with the city, unless the
term "anniversary date" is used to describe merit salary step
advancement date.
4-4 . APPELLATE AUTHORITY . Any person or board who has
authority to hear an appeal as provided by these rules .
4-5 . APPOINTING AUTHORITY. Appointing authority shall
mean a department head, with respect to personnel in his depart-
ment , or the officer or officers of the city designated by the
city Charter to make appointment to a position.
4-6 . APPOINTMENT. The employment of a person in a position.
2 .
4-7. BOARD. The Personnel Board established in accordance
with the city Charter.
4-8. CITY. The City of Huntington Beach, a municipal cor-
poration.
4-9 . CLASS . A group of positions sufficiently similar in
duties , responsibilities , authority and minimum qualifications to
permit combining them under a single title, and to permit appli-
cation of common standards of selection and compensation .
4-10 . CLASSIFICATION PLAN. The designation of a title for
each class , together with the specifications for each class, as
prepared and maintained by the Personnel Director with departmen-
tal input .
4-11. CLASS SPECIFICATIONS . A written description of a
class setting forth factors and conditions which are character-
istic of positions in that class .
4-12 . COMPENSATION SCHEDULE. A schedule of salary ranges of
all classes in the service of the city, including single-position
classes, setting forth the salary range for each such class in
accordance with the criteria and procedures set forth in this
resolution, and also setting forth the salary rates by step in
each such range .
4-13 . COMPETITIVE SERVICE. The positions and classifica-
tions which are included within the personnel system by ordinance,
as provided by the city Charter.
4-14 . CONTINUOUS SERVICE. Employment without interruption
except for approved leaves of absence .
4-15 . DEMOTION. The movement of an employee from one class
to another having a lower salary range .
4-16 . DISMISSAL. The discharge of an employee from the
competitive service by the appointing authority for cause .
4-17 . ELIGIBLE. A person qualified for appointment from
an employment list .
4-18. EMPLOYEE. Any individual occupying a position in
the competitive service.
4-19 . EMPLOYMENT LIST . A list of names of persons who
have taken an examination for a position in a class in the com-
petitive service and passed, and whose names are ranked on the
list in the order of the score received.
3 .
4-20 . EXAMINATION. The process of testing, evaluating,
investigating and determining the fitness and qualifications
of applicants :
Open-competitive examination: one that is open to all
persons meeting the minimum qualification for the class .
Promotional examination: a test for a position in a
particular class , limited to qualified employees in
the competitive service .
Continuous examination: an open-competitive examin-
ation given periodically . The names of applicants
achieving a passing grade shall be placed on an em-
ployment list in the order of the scores received,
and such list shall remain in effect for one (1)
year from the date such list is prepared.
4-21. JUST CAUSE. Cause, supported by substantial evidence,
for a superior to take disciplinary action against a subordinate
employee .
4-22 . LAYOFF . Termination of an employee because of lack
of funds or lack of work .
4-23. LAYOFF LIST. A list containing the names, in the order
of date of layoff, of permanent employees who have been laid off.
4-24 . LEAVE. Authorized or unauthorized absence from work.
4-25 . ORIGINAL APPOINTMENT. The appointment of an in-
dividual to a vacant position in a probationary status after
such individual has achieved a passing score on an open-com-
petitive or continuous examination.
4-26 . OVERTIME WORK. Working time in excess of an em-
ployee ' s assigned work time .
4-27 . PART-TIME, COMPETITIVE POSITION. A position in which
the employee regularly works less than forty (40) hours per week
but not less than twenty (20) hours per week.
4-28 . PART-TIME, NONCOMPETITIVE POSITION. A position in
which the employee regularly works less than twenty (20) hours
per week.
4-29 . PERMANENT APPOINTMENT. The appointment of a person
to a permanent position upon successful completion of probation,
when applicable, which signifies satisfactory performance in the
permanent position to which the employee is assigned.
4 .
4-30 . PERMANENT EMPLOYEE. An employee who has successfully
completed a probation period in a permanent position .
4-31. PERMANENT POSITION. A full-time or part-time position,
authorized in the budget, and expected to exist indefinitely .
4-32 . PERSONNEL ACTION FORM. The multipurpose form used for
processing changes in an employee 's salary rate, employment status
and other matters contemplated within these rules .
4-33 . PERSONNEL BOARD. A Board, created by Section 808 of
the city Charter, to assist in personnel administration and to
exercise those powers and duties set forth in said section of
the Charter.
4-34 . POSITION. Any office or employment (whether part time
or full time, temporary or permanent, occupied or vacant) involv-
ing the performance of certain duties by an employee .
4-35. PROBATION. A working-test period during which an em-
ployee is required to demonstrate his ability and capacity to per-
form the duties of the position to which he has been appointed.
4-36 . PROBATIONARY EMPLOYEE. An employee holding a pro-
bationary appointment to a permanent position.
4-37. PROMOTION. The movement of an employee from a po-
sition in one class to a position in another class imposing
higher duties and responsibilities , requiring higher qualifi-
cations and providing a higher maximum rate of pay .
4-38 . PROMOTIONAL LIST. An employment list established
after the administration of a promotional examination .
4-39 . PUBLIC SAFETY EMPLOYEES . Those employees desig-
nated as Public Safety Employees by the Public Employees ' Re-
tirement System.
4-40 . RECLASSIFICATION. The reassignment of a position
from one class to a different class after re-evaluation of the
minimum qualifications , duties, authority and responsibilities
of the position.
4-41. RECOGNIZED EMPLOYEE ORGANIZATION. Any organization
which includes employees of the city and which has as one of
its primary purposes representing such employees in their em-
ployment relations with the city .
4-42 . RECURRENT EMPLOYEE. An employee whose employment
is not permanent but who may work full time or part time as
determined by the department needs and is paid on an hourly basis .
5 .
4-43 . REDUCTION. A salary decrease within the limits of the
pay range established for a class , or resulting from an increase
to other classifications in the same range .
4-44 . REEMPLOYMENT . Employment without examination of a
former permanent employee pursuant to these rules .
4-45 . REGULAR STATUS . The status of any employee holding a
permanent appointment .
4-46 . REINSTATEMENT. Return of an employee to his former
position in the competitive service within one (1) year after
layoff, or at any time after successful appeal of a suspension,
demotion or dismissal.
4-47 . REJECTION. The separation of an employee from the
service during his probationary period.
4-48 . RELATIVE BY BLOOD OR MARRIAGE WITHIN THE THIRD DE-
GREE. All of the following relationships are within the third
degree : children, parents , granchildren, brothers, sisters ,
grandparents, great grandchildren, nephews, nieces , uncles,
aunts and great grandparents .
4-49 . RELEASE. The return of an employee to his former
position in the competitive service after such employee has
failed to complete a promotional probationary period success-
fully .
4-50 . REPRIMAND . A verbal or written reproof, administered
to an employee as a disciplinary measure, for an infraction of
the rules hereinafter set forth in this resolution.
4-51. RESIGNATION . Termination of employment at the em-
ployee 's request .
4-52 . REVIEW PROCEDURE. The rules and procedures govern-
ing the review of personnel disciplinary matters and the inter-
pretation or application of these rules .
4-53. RULES. Rules and regulations for the competitive
service of the City of Huntington Beach as embodied in this
resolution.
4-54 . SALARY ADVANCEMENT . A salary increase of one or
more steps within the limits of a salary range established
for a class .
4-55 . SALARY RANGE . The range of salary rates for a
class as set forth in the compensation plan.
4-56 . SALARY RATE. Dollar amount of each step in a salary
6 .
range or the flat amount for a class having no salary range, des-
ignated as compensation for services rendered.
4-57 . SALARY STEP . The minimum to maximum increments of a
salary range .
4-58 . SUSPENSION. A temporary removal from duty, with or
without pay of an employee for disciplinary purposes or for the
purpose of investigating accusations brought against an employee .
4-59 . TEMPORARY POSITION. A full-time or part-time po-
sition which shall exist for a limited time .
4-60 . TERMINATION. Separation from the competitive service .
4-61. TRANSFER. A change of an employee from one position
to another in the same or different class having essentially the
same salary range, involving the performance of similar duties
and requiring substantially the same basic qualifications .
4-62. VACANCY. A budgeted position unoccupied by a pro-
bationary or regular employee .
4-63 . WORK DAY. The number of hours an employee in each
position is required to work as set forth in these rules .
4-64 . WORK SCHEDULE. The assignment of a position to a
work shift or a series of work shifts in a seven-calendar-day
period.
4-65 . WORK SHIFT . The number of regular working hours
assigned to each position or class , as more specifically set
forth in these rules .
RULE 5
RECRUITMENT AND SELECTION PROCEDURE
5-1 . TYPES OF APPOINTMENTS . All vacancies in the com-
petitive service shall be filled by reemployment, promotion, de-
motion, transfer, reinstatement or from appropriate employment
lists , if available, certified by the Personnel Director.
5-2 . NOTICE TO PERSONNEL DIRECTOR. Whenever a vacancy
occurs in the competitive service and is to be filled, the ap-
pointing authority shall immediately notify the Personnel Di-
rector. The Personnel Director shall investigate and inform
the appointing authority of the availability of personnel for
reemployment, reinstatement, transfer, demotion, promotion, or
of eligibles named on appropriate employment lists .
7 •
5-3 • CERTIFICATION OF ELIGIBLES . The appointing authority
shall indicate whether it is desirable to fill the vacancy by re-
employment , reinstatement, transfer, promotion or demotion, or
the use of an appropriate employment list . If appointment is to
be made from an employment, promotional or reemployment list,
the names of the top five (5) eligibles in order of score
achieved willing to accept appointment, shall be certified.
5-4 . ORDER OF CERTIFICATION . Whenever certification is
to be made, the eligibility lists, if active and not exhausted,
shall be used, in the following order:
(a) Promotional list
(b ) Reemployment list
(c) Employment list
If fewer than five ( 5) names of persons willing to accept
appointment are on the list from which certification is to be
made, then additional eligibles shall be certified from the
various lists next lower in order of preference until five (5)
names are certified. If there are fewer than five (5) names on
such lists , there shall be certified the number thereon . In such
case, the appointing authority may demand certification of five
(5) names and examinations shall be conducted until five (5)
names may be certified. The appointing authority shall fill the
position by the appointment of one of the persons certified.
5-5. APPOINTMENT . In the appointment of employees other
than department heads , the department head shall make appoint-
ments from among those certified by the Personnel Director, and
shall immediately notify the Personnel Director of the person or
persons selected. The department head shall then notify the per-
son appointed in writing, and if the applicant accepts the ap-
pointment and presents himself for duty within such period of
time as the department head shall prescribe, he shall be deemed
to be appointed. Otherwise, he shall be deemed to have declined
the appointment, and the next eligible in order shall be noti-
fied. This procedure shall be followed until the position has
been filled.
5-6 . ACTING APPOINTMENT . When there is no employment list
from which a position may be filled, the department head may
fill such position by an acting appointment . Such acting appoint-
ment shall continue only until eligibles are available from an
appropriate employment list , and provided that such appointment
does not exceed the probationary period for the class EXCEPT that
on recommendation of the appointing authority, with the approval
of the Personnel Director, an acting appointment may be continued
for the life of such position. An appropriate employment list
8 .
shall be established for each class to which an acting appoint-
ment is made within six (6) months from the date of the vacancy,
and providing further that no special credit shall be allowed in
meeting any qualifications or in giving any test or in the estab-
lishment of any employment or promotional list for service ren-
dered under an acting appointment .
5-7 . EMERGENCY APPOINTMENT . To meet the immediate require-
ments of an emergency situation which threatens public life and
public property, the City Council, or any elected official with
appointing authority, or department head of the city may employ
such persons as may be needed for the duration of such emergency
notwithstanding these rules and regulations affecting appointment .
As soon as possible such appointment shall be reported to the City
Administrator, the City Council and Personnel Director. Any emer-
gency appointment which lasts in excess of six ( 6) months shall
be reviewed by the Personnel Director.
5-8. TEMPORARY APPOINTMENT. No person shall be employed
temporarily in a permanent , part-time or seasonal position except
as provided herein:
(a) As a substitute for a regular employee who is absent
from his position.
(b) For the duration of any war or national emergency and
six (6) months thereafter.
(c) When it is impossible to recruit an appointee meeting
the standards for permanent or recurrent employment .
(d) When the budget appropriation allows for only temporary
employment, or when the work assignment is of short duration, or
when it is anticipated that the position will soon be abolished.
(e ) Lack of an employment, reemployment or promotional list,
or nonavailability of those eligibles on such lists .
(f) When a state of disaster exists or such conditions
exist which seriously endanger the health, welfare and safety of
the community .
A temporary appointment shall not exceed six (6) months and
the department head, with notice to the Personnel Director, may
terminate a temporary appointment at his discretion.
5-9 . MEDICAL EXAMINATION . Prior to appointment, eligibles
selected by the appointing authority shall be required to pass a
medical examination, and may be required to participate in a
psychological evaluation, as may be prescribed. The Personnel
Director shall select a licensed, medical doctor (and licensed
9 •
clinical psychologist, when desirable) , actively practicing, to
perform the examination, the cost of which shall be borne by the
city . If an eligible is disqualified by a medical or psychologi-
cal examination, his name shall be deleted from the list of
eligibles .
5-10 . ANNOUNCEMENTS . All examinations for classes in the
competitive service shall be publicized by posting announcements
in the civic center on official bulletin boards , and by such
other methods as the Personnel Director and department head deem
advisable . The announcements shall specify the title and pay
range of the class for which the examination is announced, the
nature of the work to be performed, preparation required or de-
sirable for the performance of the work of the class , the dates,
time, place and manner of making application, and other perti-
nent information.
5-11. APPLICATION FORMS . Application shall be made as pre-
scribed in the examination announcement . Application forms , pro-
vided by the Personnel Director, shall require information covering
training, experience and other pertinent information, and appli-
cants may be required to furnish certificates deemed necessary by
the Personnel Director and department head. All applications
shall be fully completed, signed and dated by the applicant .
Applications shall be retained on file in the office of the
Personnel Director for a period not to exceed one (1) year.
5-12 . DISQUALIFICATION. The Personnel Director may reject
the application of, may refuse to examine or, after examination
may refuse to declare as an eligible or may withhold or withdraw
from certification, prior to appointment, anyone who comes under
any of the following categories :
(a) Lacks any of the requirements established for the exam-
ination or position for which he applies .
(b) Is physically or mentally so disabled as to be rendered
unfit to perform the duties of the position to which he seeks ap-
pointment .
(c) Is addicted to the use of intoxicating beverages to ex-
cess .
(d) Is addicted to the use of narcotics or habit-forming
drugs , or uses illegally dangerous drugs .
(e ) Has been convicted of a felony, or convicted of a misde-
meanor involving moral turpitude .
10 .
(f) Has been guilty of infamous or notoriously disgraceful
conduct .
(g) Has been dismissed from any position for any cause which
would be a cause. for dismissal from the competitive service .
(h) Has resigned from any position not in good standing or
in order to avoid dismissal .
(i) Has intentionally attempted to practice any deception or
fraud in his application, in his examination or in securing his
eligibility.
(j ) Has waived appointment three ( 3) times after certifi-
cation from the same employment list .
(k) Has been discharged from the armed forces of the United
States under conditions other than honorable .
(1) Refuses to execute an oath as may be prescribed by law .
(m) Has used or attempted to use any personal or political
influence to further his eligibility or appointment .
Whenever an application is rejected, notice of such rejection
together with a statement of reason for such rejection shall be
mailed to the applicant by the Personnel Director.
Applications shall be marked at the time of receipt in the
Personnel Director' s office with the date and hour of the day .
Applications postmarked or received after the date and hour speci-
fied in the examination announcement shall be rejected.
With the approval of the Personnel Director, persons whose
applications have been rejected because they were incomplete may
amend their applications . However, such amendments must be made
before the time of an examination.
The time for filing applications may be extended or reopened
by the Personnel Director as the needs of the service require, pro-
vided posted notice is given. No person taking part in preparing,
conducting or holding examinations shall be permitted to fill out
an application or be an applicant for such examination.
5-13 . NATURE AND TYPES OF EXAMINATIONS . The selection tech-
nique used in the examination process shall be impartial, of a
practical nature and shall relate to those subjects which, in the
opinion of the Personnel Director and department head, fairly
measure the relative capacity of persons examined to execute the
duties and responsibilities of the position to which they seek
appointment . Examinations shall consist of selection techniques
11.
which will test fairly the 'qualifications of candidates such as,
but not necessarily limited to, achievement and aptitude tests,
other written tests, personal interviews, performance tests, phy-
sical agility tests , evaluation of daily work performance , work
samples , medical examinations or any combination thereof .
5-14 . PROMOTIONAL EXAMINATIONS . Promotional examinations
may be conducted whenever, in the opinion of the Personnel Direc-
tor, after consultation with the department head, the need of the
service so requires; provided, however, a promotional examin-
ation may not' be given unless there are two (2) or more candi-
dates eligible for each position to be filled. Only employees
who meet the requirements for the vacant position may compete in
promotional examinations . Promotional examinations may include
any of the selection techniques , or any combination thereof,
mentioned in Section 5-13 . Additional factors including but not
limited to performance rating and length of service may be con-
sidered. A promotional-employment list shall be established
after the administration of a promotional examination, and such
list shall consist of at least two (2) names of eligibles .
5-15 . OPEN-COMPETITIVE EXAMINATIONS . For classes of positions
for which the Personnel Director finds it difficult to maintain
adequate eligible lists he may receive applications, conduct exam-
inations , and create employment lists continuously . The names of
eligibles who took the same or a comparable examination on dif-
ferent dates may be ranked for purposes of certification in the
order of final scores . Eligibility from an open-competitive exam-
ination may be deemed to be established as of the date of examin-
ation. Such examinations may include any of the selection tech-
niques , or any combination thereof, mentioned in Section 5-13
hereof. Permanent employees , as well as the general public, who
meet the requirements set forth in the announcement, may compete
in open-competitive examinations .
5-16 . CONDUCT OF EXAMINATION . The Personnel Director shall
determine the manner and methods and by whom examinations shall be
prepared and administered, after consultation with department
head. The Personnel Director, with approval of the City Council,
may contract with any competent agency or individual for prep-
aration and administration of examinations . In the absence of
such contract , the Personnel Director, or his designated repre-
sentative, shall perform such duties . The Personnel Director
shall arrange for the use of appropriate facilities and equipment
for conducting examinations , and shall render such assistance as
shall be required with respect thereto.
5-17 . SCORING EXAMINATIONS AND QUALIFYING SCORES . - The
final score of each person competing in any examination shall be
determined by the weighted average of the grades on all phases of
the examination, according to the weights for each phase estab-
lished in advance of the giving of the examination and published
12 .
as a part of the announcement of the examination. The Personnel
Director and department head may set minimum qualifying ratings
for each phase of the examination and may provide that competitors
failing to achieve such scores in any phase shall be disqualified
from any further participation in the examination .
5-18 . NOTIFICATION OF EXAMINATION RESULTS . Each candidate
in an examination shall be given written notice of the results
thereof as soon as practicable, and if passing, shall be advised
of the final earned score and rank on the appropriate employment
list .
5-19 . EMPLOYMENT LISTS . As soon as possible after the com-
pletion of an examination, the Personnel Director shall prepare
and keep available an employment list consisting of the names of
eligibles who qualified in the examination, arranged in order of
score .
5-20 . DURATION OF EMPLOYMENT LISTS . Employment lists, other
than those resulting from an open-competitive examination, shall
remain in effect for one (1) year from the date of the last exam-
ination, unless sooner exhausted. Such lists may be extended
prior to expiration date by the Personnel Director, when requested
by the department head, for additional periods but in no event
shall an employment list remain in effect for more than two ( 2)
years .
Employment lists created as a result of an open-competitive
examination shall remain in effect for not more than one (1) year
from the date of the last examination, unless sooner exhausted.
Names placed on such lists shall be merged with others already
on the list in order of scores .
5-21. REEMPLOYMENT LISTS . For each class there shall be
maintained a general reemployment list consisting of the names of
all persons who have occupied positions with probationary or per-
manent status in the class and who have been laid off or demoted
in lieu of layoff. Such names shall be placed on the list in the
order of competency and length of service from highest to lowest,
and shall remain thereon for a period of one (1) year unless such
persons are reemployed sooner.
Within one (1) year from the date of his resignation in good
standing, or his voluntary demotion, the name of an employee who
had probationary or permanent status may be placed on the general
reemployment list at his request , and shall remain on such list
for a period not to exceed one (1) year from the date of his re-
quest .
When a reemployment list is to be used to fill vacancies,
the Personnel Director shall certify the names of eligibles
13 .
there from the top of such- list, and the department head may appoint
such eligibles to fill such vacancies .
5-22 . REMOVAL OF NAMES FROM LIST. The name of any person
on an employment, reemployment or promotional list shall be re-
moved by the Personnel Director at the written request of the
eligible; if the eligible fails to respond in writing, or by
verbal communication, to a notice of certification mailed to the
address supplied by him to the Personnel Director; or if such
eligible has been certified for appointment three (3) times and
has not been appointed. The person affected shall be notified
of the removal of his name by notice mailed to his last known ad-
dress . The names of persons on promotional employment lists who
resign from the service shall automatically be deleted from such
lists .
5-23 . PROMOTION, TRANSFER OR REEMPLOYMENT . PHYSICAL EXAM-
INATIONS . In order to be eligible for promotion or transfer to
a job class in a category requiring greater physical or mental
qualifications , any employee may be required to take a physical
examination or participate in a psychological evaluation to de-
termine if he is physically and mentally able to perform the
duties of such position.
Any person considered for reemployment may be required to
pass an appropriate physical examination, and when desirable,
participate in a psychological evaluation .
All physical and psychological tests , required under this
section, shall be performed by a licensed physician approved
by the Personnel Director, and the cost thereof borne by the
city .
RULE 6
TRANSFER, PROMOTION, DEMOTION, SUSPENSION, REINSTATEMENT
6-1 . TRANSFER. After notice by the department head to
the Personnel Director, and written notice to the employee,
an employee may be transferred from one position to another in the
same or comparable class in the same department . If the transfer
involves a change from the jurisdiction of one department to
another, both department heads must consent thereto unless the
transfer is necessary for the purpose of economy and efficiency .
A transfer from one department to another may be initiated at the
written request of the employee to the Personnel Director.
A new probationary period shall be established for an em-
ployee who transfers at his own request .
A transfer shall not be used to effect promotion, demotion,
14 .
reduction or termination, -each of which may be accomplished only
as provided in these rules .
A department head may temporarily assign an employee within
his department to duties either related or unrelated to his po-
sition where the interests of the city so require .
6-2 . ADVANCEMENT ACCORDING TO MERIT AND ABILITY . The City
Council, each department head and employee shall encourage econ-
omy and efficiency in and devotion to the competitive service by
encouraging promotional advancement of employees showing willing-
ness and ability to perform efficiently services assigned them,
and every person in the competitive service shall be permitted to
advance according to merit and ability .
6-3 . ADVANCEMENT. INTERFERENCE WITH. No employee in the
city shall discourage or in any manner hinder or prevent any other
employee from taking any examination or taking any other action
which he deems beneficial to himself.
6-4. PROMOTION. Vacancies in positions shall be filled in-
sofar as consistent with the best interests of the city from
among employees holding positions in appropriate classes, and ap-
propriate promotional lists shall be established to facilitate
this purpose, as prescribed in Section 5-14 . Open-competitive
examinations shall be held when, in the judgment of the depart-
ment head and the Personnel Director, such examinations will pro-
duce eligible lists with more highly-skilled, qualified candi-
dates .
RULE 7
DISCIPLINE
7-1. DISCIPLINE. The tenure of every city employee shall be
based on reasonable standards of job performance and personal and
professional conduct . Failure or refusal to meet these standards
shall constitute just cause for disciplinary action. All em-
ployees shall be subject to disciplinary action up to and in-
cluding dismissal for any one or more of the causes or grounds
for discipline set forth in these rules .
Disciplinary action is not primarily intended to be puni-
tive but rather to maintain the efficiency and integrity of the
city service .
When considering disciplinary action, the supervisor shall
consider, among other things , the nature and severity of the of-
fense and the employee ' s prior record.
7-2 . CAUSES FOR DISCIPLINE. Each of the following consti-
15 .
tutes cause or grounds for discipline of an employee, or person
whose name appears on any employment list :
(1) Any violation of the rules set forth in this resolution..
( 2) Malfeasance, misfeasance, or nonfeasance of office
or employment .
(3) Fraud in securing appointment .
( 4) Incompetency .
( 5) Inefficiency .
( 6) Inexcusable neglect of duty .
(7) Insubordination.
(8) Dishonesty with or lying to his superiors , or others .
(9 ) Failing or refusing to answer questions put to him by
his superiors in connection with any matter related to his em-
ployment or to the city, including his compliance or noncom-
pliance with these rules .
(10) Conflict of interest whether contractual or noncon-
tractual, financial or nonfinancial .
(11) Drunkenness on 'duty .
(12) Addiction to the use of narcotics or habit-forming
drugs , or illegal use of dangerous drugs .
(13) Unauthorized absence.
(14) Conviction of a felony or conviction of a misdemeanor
involving moral turpitude . A plea or verdict of guilty, or a
conviction following a plea of nolo contendere, to a charge of
a felony or any offense involving moral turpitude is deemed to
be a conviction within the meaning of this section.
(15) Participating in a strike, work stoppage, slowdown,
or using or attempting to use sick leave to accomplish the
same purpose as a strike, work stoppage, or slowdown.
(16) Defrauding the city by making false claims for
compensation or benefits or reimbursements .
(17) Making a false industrial accident claim against
the city .
16 .
(18) Improper political activity which prevents him or
other city employees from the efficient performance of his or
their employment with the city or has a disruptive effect on
the efficiency or integrity of the city service or the depart-
ment in which such employee is employed.
. (19) Failure or refusal to cooperate with supervisory
personnel or other employees when failure to do so is inimical
to the efficiency of the city service .
(20) Misuse or misappropriation of city property or funds .
(21) Gambling for money or articles of value on city
property or during employee ' s working hours .
(22) Tardiness .
(23) Abuse of sick leave privileges by reporting sick when
not sick or obtaining sick leave pay falsely or under false
pretenses .
(24) Refusal to take and subscribe any oath or affirma-
tion which is required by law or these rules in connection
with his employment .
(25) Refusing to report on official call in an emergency .
(26) Violation of departmental rules and regulations
duly promulgated in accordance with these rules .
(27) Intentionally misrepresenting information or facts
in any statement, declaration or affidavit duly required of
an employee under these rules . -
(28) Engaging in, with or without compensation, any em-
ployment, activity, or enterprise, or performing any act , or
omission which is clearly inconsistent, incompatible, in con-
flict with, or inimical to his duties as an employee, or the
best interests of the city, or with the duties, functions ,
responsibilities or efficiency of the department in which he
is employed or the city service .
(29 ) Any conduct , act or omission either during or outside
of duty hours which is of such nature that it causes discredit to
his department or his employment, or which conduct , act or omis-
sion has a disruptive effect on the efficiency or integrity of
the public service .
(30) Any dishonest or wrongful conduct or cheating, whether
by act or omission, during or outside duty hours , which is incom-
17 .
patible with or reflects unfavorably upon the employee 's employ-
ment with the city .
(31) Asking, receiving, or agreeing to receive any bribe,
gratuity or reward of any kind upon any understanding that his
action shall be influenced thereby, or shall be given in any
particular manner, or upon any particular question or matter
upon which he may be required to act in his capacity as a city
employee; or attempting by menace, deceit, suppression of truth,
or any corrupt means to influence another employee to commit
any act , conduct or omission which is clearly inconsistent ,
incompatible, in conflict with, or inimical to the best in-
terests of the city .
(32) The employee ' s earnings have been subjected within
a twelve-month period to garnishments for the satisfaction of
more than one judgment .
(33) No employee, while giving his deposition or testi-
fying in an adversary court proceeding, shall give any expert
opinion on behalf of the city ' s adversary party . Behavior con-
trary to that prescribed in this rule shall constitute a con-
flict of interest .
Every employee who is noticed for deposition or is sub-
poenaed, called or requested to testify at a trial in which
the city is a party shall immediately, upon receipt of such
notice, subpoena, call or request, notify his department
head or superior, and the Office of the City Attorney . No
employee shall meet, confer or discuss with any party and/or
such party ' s attorney any matters in any pending litigation
or trial in which the city is a party without first giving
notice of such intended meeting, conference or discussion to
his department head or supervisor, and the Office of the
City Attorney . The City Attorney, or a member of his staff,
shall be in attendance at any such meeting, conference or
discussion for the purpose of protecting the city ' s interest,
unless , in the judgment of the City Attorney or a member of
his staff, such attendance is not necessary under the circum-
stances . Such employee shall not discuss with the city 's ad- t
versary party or his counsel the case or any matter related to
pending or proposed litigation in which the city is a party, !
without the presence of the city 's legal counsel.
This subrule does not apply to any city employee who is
the city 's adversary party in litigation. J
7-3 . DEMOTION. No employee shall be demoted to a position
for which he does not possess the minimum qualifications . In j
those instances where demotion has not been requested by the em-
ployee , written notice of such demotion shall be given to the
18.
Personnel Director by the department head at least seven (7)
calendar days prior to the effective date of the demotion, and
to the employee at least three ( 3) calendar days prior to said
date .
(a) Involuntary Demotion . . An employee may be demoted:
(1) When his standard of performance falls below that
set for his particular class ;
(2)• When he becomes physically or mentally incapable
of performing the duties of his position;
(3) For disciplinary purposes; or
(4) In lieu of layoff.
(b) Voluntary Demotion. An employee may request a voluntary
demotion for any reason. Such voluntary demotion shall require
the approval of his department head and that of the head of the
department to which the employee will be assigned, and the City
Administrator. An employee requesting voluntary demotion may be
placed at any salary step of the appropriate salary schedule which
does not provide an increase in pay . Such employee shall serve
for six (6 ) months in a probationary status and receive a new
merit adjustment date for the purpose of performance evaluation.
No employee may obtain a demotion to a position for which no
vacancy exists .
(c) Demotion in Lieu of Layoff. Where a vacancy exists in
the competitive service, and in lieu of being laid off, an em-
ployee may elect demotion to : (a) any class with the same or a
lower maximum salary substantially as that in which he had served
under permanent or probationary status ; or (b) a class in the
same line of work as the class layoff, but of lesser responsi-
bility, if such class exists and is designated by the Personnel
Director. Whenever such a demotion requires a layoff in the elec-
ted class , the seniority score for the demoted employee shall be
recomputed in that class . The Personnel Director shall notify
the employee in the notice of layoff of the classes to which he
has the right to demote . To be considered for demotion in lieu
of layoff, an employee must notify the Personnel Director in writ-
ing of his election not later than five (5) calendar days after
receiving notice of layoff. Any employee demoted pursuant to this
subsection shall receive the maximum of the salary range of the
class to which he is demoted; provided, that such salary is not
greater than the salary he received at the time of demotion.
7-4 . SUSPENSION WITH PAY . An employee may be suspended
with pay by a department head, or in the case of a department
head, by the City Administrator, with immediate notification to
19 .
the Personnel Director, for a period not to exceed thirty (30)
days where an investigation is being conducted to determine the
validity of charges against such employee or department head.
If the charges against the employee or department head are found
to be valid, and if the employee or department head is dismissed
from the service in accordance with the provisions of these rules
and regulations , the amount paid such employee or department head
while under suspension, pursuant to this section, shall be de-
ducted from terminal monies due such employee or department head.
7-5 . SUSPENSION WITHOUT PAY. A department head, or any
person authorized by him, may suspend without pay an employee
for one or more of the causes for discipline specified in Sec-
tion 7-2 of this rule by notifying the employee in writing of
the action, pending service upon him of a formal, written notice .
Such action is valid only if formal, written notice, meeting the
requirements set out herein, is served on -the employee and filed
with the Personnel Director as soon as possible after the effec-
tive date of the disciplinary action. The formal notice shall
be served upon the employee personally or by mail and shall
include : (a) a statement of the nature of the disciplinary
action; b) the effective date of the action; and (c) a state-
ment in ordinary and concise language of the grounds for sus-
pension.
7-6 . DISMISSAL . A department head, or any person author-
ized by him, may dismiss an employee for one or more of the
causes for discipline specified in Section 7-2 of this rule by
notifying the employee in writing of the action, pending serv-
ice upon him of a formal, written notice . Such action is valid
only if formal, written notice, meeting the requirements set
out herein, is served on the employee and filed with the Per-
sonnel Director as soon as possible after the effective date of
the disciplinary action. The formal notice shall be served on
the employee personally or by mail and shall include : (a) a
statement of the nature of the disciplinary action; (b) the
effective date of the action; and (c) a statement in ordinary
and concise language of the grounds for dismissal .
The suspension of an employee under Section 7-5 - above
shall not preclude the dismissal of such employee under this
section.
7-7 . DEPARTMENT HEAD DISCIPLINE AND DISMISSAL . A depart-
ment head in the competitive service may be suspended, demoted
or dismissed by the City Administrator, as provided by Sec-
tion 604(a) of the Charter, for any one or more of the causes
for discipline specified in Section 7-2 of this rule, subject
to the grievance procedure set forth in Rule 20 of this reso-
lution.
20.
7-8 . INVESTIGATION OF CHARGES . The appointing authority
shall have the power to investigate, or cause to be investi-
gated, the activities or conduct of any employee under his
charge which reasonably constitutes a cause for discipline
under these rules . The appointing authority shall have the
power to compel the attendance at any investigatory meeting
of any witness , whether or not such witness is an emloyee,
and to administer oaths or affirmations in conjunction there-
with .
7-9 . DISMISSAL FROM SERVICE . EFFECT . Dismissal of an
employee from the service shall :
(a) Constitute a dismissal as of the same date from any
and all positions which the employee may hold in the competitive
service .
(b) Result in the automatic removal of the employee 's
name from any and all employment lists on which it may appear.
(c ) Terminate the salary of the employee as of the date
of dismissal except that he shall be paid any earned but un-
paid salary, and paid for any and all unused and accumulated
vacation, sick leave, as provided in Section 18-14 hereof, or
overtime to his credit as of the date of dismissal .
Where an appeal is taken to the appellate authority from
an order of dismissal, the vacancy in the position shall be
considered a temporary vacancy pending final action by the
appellate authority and the department head, and may be filled
only by a temporary or provisional appointment .
7-10 . REINSTATEMENT. An employee who has been demoted or
dismissed may be reinstated to his former position as a result
of a successful appeal. In such event , the employee shall be
returned to his former position and shall be entitled to any
salary and benefits lost as a result of disciplinary action .
Provided, however, that whenever the appellate authority
revokes or modifies a disciplinary action and orders that the
employee be returned to his former or a comparable position,
it shall direct the payment of salary and benefits to the em-
ployee for such period of time as the appellate authority
finds the disciplinary action was improperly in effect .
Salary or benefits shall not be authorized or paid for
any portion of a period of disciplinary action that the em-
ployee was not ready, able and willing to perform the duties
of his position, whether such disciplinary action is valid
or not or the causes on which it is based state facts suf-
ficient to constitute cause for discipline .
21 .
From any such salary there shall be deducted compensation
that the employee earned, or might reasonably have earned,
during any period commencing more than six months after the
initial date of the suspension.
RULE 8
TERMINATION
8-1. MEDICAL EXAMINATION. EVALUATION OF EMPLOYEE 'S WORK
CAPACITY. DEMOTION, TRANSFER OR TERMINATION OF APPOINTMENT. In
accordance with these rules , the department head may require an
employee to submit to a medical examination or psychological
evaluation to assess the capacity of the employee to perform
the work of his position. The employee may designate a
physician to consult with the department head and with the
physician selected by the Personnel Director concerning the
need for and advisability of a medical examination before it
is made . The Personnel Director may also designate one or more
physicians to conduct the examination when it is required.
When requested by the employee, the Personnel Director shall
provide a list of three physicians from which the employee
may select the physician to be designated by the Personnel
Director to do the examination. Fees for .the examination shall
be paid by the city . The employee may submit medical or other
evidence to the examining physician and to the department head.
The department head, after considering the medical report and
other pertinent information, shall make a decision, based on
such report and information, that the employee is or is not
able to perform the work of his present position. If the de-
partment head determines that the employee is unable to per-
form the work of another position, including one of less than
full time, the department head may demote or transfer the em-
ployee to such a position.
The employee demoted or transferred pursuant to this
section shall receive the maximum of the salary range of the
class to which he is demoted or transferred, provided that
such salary is not greater than the salary he received at the
time of his demotion or transfer.
When the department head determines upon the findings of
the medical report that the employee is permanently unable to
perform the work of his present position, or when, in the judg-
ment of the Personnel Director, it is determined that the em-
ployee is unable to perform the functions of any other po-
sition in the competitive service, or that there are no po-
sitions available in which to place such employee, and the
employee is not eligible or elects not to accept disability
or service retirement, the department head may terminate the
22 .
appointment of the employee . The employee shall be given
written notice of termination fifteen (15 ) days prior to the
effective date of such termination.
8-2 . LAYOFF . GROUNDS . .. Whenever it is necessary because
of lack of work or funds to reduce the staff of a city de-
partment, a department head may lay off employees pursuant
to these rules and regulations .
Whenever an employee is to be separated from the com-
petitive service because the tasks he was assigned are to be
eliminated or substantially changed due to management-initiated
changes , including but not limited to automation or other tech-
nological changes, it is the policy of the city that steps shall
be taken on an interdepartmental basis to assist such employee
in locating, preparing to qualify for, and being placed in
other positions in the competitive service . This shall not
be construed as a restriction on the city government in effect-
ing economies or in making organizational or other changes to
increase efficiency .
8-3 . LAYOFF IN ACCORDANCE WITH LENGTH OF SERVICE . DE-
TERMINATION OF LENGTH OF SERVICE. PROFESSIONAL, SCIENTIFIC
AND EXECUTIVE CLASSES . Layoff shall be made in accordance
with the relative length of service of the employees in the
class of layoff, provided, however, that no permanent employee
shall be laid off until all temporary, acting and probationary
employees in the competitive service holding positions in the
same class in the same department are first laid off . Except
as otherwise provided in this part, in determining length of
service scores , one point shall be allowed for each complete
month of full-time service in the class of layoff or demotion
and in classes that, at the time notice of layoff is given,
have the same or a higher maximum salary . One-half point
shall be allowed for each complete month of full-time service
in all other classes .
For professional, scientific, administrative, management,
and executive classes , employee efficiency shall be combined
with length of service in determining the order of layoff and
the order of names on reemployment lists . Standards and methods
of determining competency may vary for different classes, and
shall take into consideration the needs of the competitive
service and practice in private industry and other public em-
ployment .
8-4 . ORDER OF LAYOFF WHEN COMBINED SCORES ARE EQUAL . As
between two or more employees having the same layoff score,
the order of layoff shall be determined by giving preference
for retention in the following sequence : (1) employee with
greatest total calendar time in the class in which the layoff
23 .
is being made and in classes with the same or higher maximum
salary; (2) employee with greatest total calendar time in
city service; and (3) employee whose name is drawn by lot .
As between two or more employees in a professional,
scientific, administrative, management or executive class
having the same layoff score, the employee who has the lower
rating for current performance shall be laid off first . If
distinction cannot be made between two or more such employees
with the same score by this means, the other preferences pro-
vided in this •.rule shall apply .
8-5 . PLACING NAMES OF EMPLOYEES TO BE LAID OFF OR DE-
MOTED ON REEMPLOYMENT LISTS . The names of employees to be
laid off or demoted shall be placed upon an appropriate re-
employment list and upon the general reemployment list for
the class from which the employees were laid off or demoted.
Such names may also be placed upon the general reemployment
list for such other appropriate classes as the Personnel Di-
rector determines .
8-6 . SALARY OF EMPLOYEE CERTIFIED TO POSITION AFTER LAY-
OFF OR DEMOTION. An employee who is certified to a position
in a class after layoff, or demotion in lieu of layoff, shall
receive not less than the same step in the salary range as he
received in the position in that class prior to such layoff or
demotion.
8-7 . NOTICE OF LAYOFF. ELECTION TO ACCEPT LAYOFF PRIOR
TO EFFECTIVE DATE. An employee compensated on a semimonthly
basis shall be notified that he is to be laid off fifteen (15)
days prior to the effective date of layoff and not more than
sixty (60) days after the date of the length-of-service com-
putation. The notice of layoff shall be in writing and
shall contain the reason or reasons for the layoff. The em-
ployee to be laid off may elect to accept such layoff prior
to the effective date thereof, and should notify the depart-
ment head and the Personnel Director orally or in writing of
such election.
8-8 . RESTRICTIONS ON APPOINTMENTS . Upon recommendation
of the Personnel Director, the methods of appointment avail-
able to the department head may be restricted if such restric-
tion is deemed necessary in the placement in other competitive
service positions of employees whose positions have been or
are about to be changed substantially or eliminated by manage-
ment-initiated changes .
8-9 . ASSIGNMENT OF DUTIES TO ANOTHER. The duties per-
formed by any employee laid off may be assigned to any other
employee or employees holding positions in appropriate classes .
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24 . j
1'
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-:,reek notice may be waived if approved by the depart-
ment head. The resignation shall be forwarded to the Personnel
Director with an evaluation of the work performance of the em-
ployee by the department head as well as other pertinent in-
formation concerning the cause of resignation. Failure to com-
ply with this rule shall be entered in the service record of
the employee and may result in denying future employment to such
employee by the city . The department head shall immediately re-
port to the Personnel Director any resignation without proper
notice .
8-11. REEMPLOYMENT. With the approval of the Personnel
Director, an employee who has resigned in .good standing from
the competitive service may be reemployed to his former po-
sition, if vacant, or to a vacant position in the same or a
comparable class within one (1) year from date of resig-
nation.
RULE 9
PROBATION
9-1. OBJECT OF PROBATIONARY PERIOD. The probationary
period shall be regarded as part of the testing process and
shall be utilized for closely observing the employee 's work;
for securing the most effective adjustment of an employee to
his position; or for reviewing any probationary employee whose
performance does not meet the required standards of the job
to which he was appointed.
9-2 . REQUIREMENT. LENGTH. An appointment from an em-
ployment list or promotional list is not permanent until
satisfactory completion of a probationary period of not less
than six (6) months or more than one (1) year. In cases
where the original probationary period is less than one (1)
year, the department head, in his sole and unlimited dis-
cretion, may extend such probationary period from time to
time, but in no event shall the total probationary period
and extensions thereof exceed one (1) year. Such extension
shall be noted in the employee 's personnel record.
9-3 . SALARY ADVANCEMENT AT COMPLETION OF PROBATION.
When a probationary employee on Step "A" completes six (6)
months in service as such probationary employee, provided
such performance has met the standards for the position which
he occupies , he shall receive a salary advancement to Step "B . "
Such employee 's anniversary date, for purposes of future merit
25 .
step increases shall be the date of advancement to Step "B, "
unless such further advancement is deferred in accordance with
Rule 14-2 .
9-4 . REJECTION OF PROBATIONARY EMPLOYEE. During the
probationary period, or any extension thereof, an employee
may be rejected at any time by the department head without
cause and without the right of appeal . Notification of re-
jection in writing shall be furnished the probationary em-
ployee, and a copy shall be filed with the department head
and the Personnel Director.
RULE 10
TRAINING FOR EMPLOYEES
10-1 . TRAINING. TYPE OF. The city _encourages the im-
provement of service of employees by providing opportunity
for training, including training for advancement and for
general fitness for public service . Responsibility for de-
veloping programs for training employees shall be assumed
jointly by the Personnel Director and department heads . Such
training programs may include lecture courses , demonstrations ,
assignment of reading matter or such other devices as may be
available for the purpose of improving the effectiveness and
broadening the knowledge of municipal officers and employees
in the performance of their respective duties .
10-2 . CREDIT FOR TRAINING. Participation in, and suc-
cessful completion of special training courses may be con-
sidered in effecting adjustments and promotions . Evidence of
such training shall be submitted by the employee to his de-
partment head, who in turn shall forward such information to
the Personnel Director for inclusion in the employee 's per-
sonnel file .
RULE 11
OUTSIDE EMPLOYMENT
An employee in the competitive service may not engage in
employment other than his job with the city except with the
written approval of his department head, and only if such em-
ployment does not interfere with the performance of assigned
duties and does not constitute a conflict of interest .
Prior to doing any outside work or engaging in any out-
side business activity, pursuant to written permission from his
department head, all employees shall be required to sign a
waiver of any rights they may have under Section 4850 of the
Labor Code of the State of .California for compensation in case
26 .
of any injury or illness sustained during such outside em-
ployment or business activity, or any aggravation of any in-
jury or illness which was sustained while on regular duty by,
through or during such outside employment or business activity .
Such waiver shall be on forms provided by the Personnel Direc-
tor.
Sick leave shall not be used to recover from an illness
or injury which results from any outside employment engaged in
by the employee .
RULE 12
CLASSIFICATION PLAN
12-1 . ALLOCATION OF POSITIONS TO APPROPRIATE CLASSES .
CRITERIA. Every position in the competitive service shall be
allocated to the appropriate class in the classification plan.
The allocation of a position to a class shall derive from and
be determined by the ascertainment of the duties and responsi-
bilities of the position and shall be based on the principle
that all positions shall be included in the same class if;
(a) Sufficiently similar in respect to duties and re-
sponsibilities that the. same descriptive title may be used.
(b) Substantially the same requirements as to education,
experience, knowledge and ability are demanded of applicants .
(c) Substantially the same tests of fitness may be used
in choosing qualified appointees .
(d) The same schedule of compensation can be made to
apply with equity .
12-2 . CREATION OF PLAN. The Personnel Director, or an
agency designated by him, shall be responsible for preparing
and maintaining class specifications for all positions . The
plan shall include, but not be limited to, a descriptive title
and a definition outlining the scope of duties and responsi-
bilities for each class of position.
12-3 . ADOPTION OF PLAN. Before the classification plan
or any part thereof shall become effective, it shall first
be approved by the Personnel Board . Upon adoption by the City
Council by resolution, the provisions of the classification
plan shall be observed in the handling of all personnel actions
and activities .
12-4 . PERSONNEL BOARD. HEARINGS . The classification
plan, or any amendment or revision thereto, shall be recommended
27 .
to the City Council by the -Personnel Board following a public
hearing thereon before such Board, duly noticed in writing at
least ten (10) days prior to such hearing to department heads
and recognized employee organizations, and posted on official
bulletin boards in the civic center.
The City Council shall either adopt or reject such plan,
amendments or revisions thereto, and if rejected, Council shall
refer such plan, amendments or revisions, back to the Personnel
Board with reasons for rejection, and its recommendations there-
on. Additional public hearing, or hearings, shall be held by
the Board on such recommendations prior to retransmittal to
Council . The Council shall adopt no classification plan, or
any amendment or revision thereto, until such plan, amendment
or revision has first been the subject matter of a public
hearing before the Personnel Board.
12-5 . REALLOCATION OR RECLASSIFICATION OF POSITIONS . From
time to time as deemed necessary, the Personnel Director and
department head may recommend and the Personnel Board may establish
additional classes and divide, combine, alter, or abolish existing
classes . When such actions are taken the Board shall determine
in each instance whether positions affected are to be reallocated
to another class or classes after taking into account the duties
and responsibilities, qualifications , performance standards, and
other related criteria before and after the change and shall de-
termine the status of the probationary and permanent employees
affected.
12-6 . HEARING ON ALLOCATION OR REALLOCATION OF POSITION .
Reasonable opportunity to be heard shall be provided by the
Board to any employee affected by the allocation or realloca-
tion of his position.
12-7 . STATUS OF EMPLOYEE UPON REALLOCATIONi 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 i
establish new positions in order that such positions may be !
classified and allocated, and shall so report material changes
in the duties of any position in his jurisdiction. No person
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28 .
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shall be appointed or employed to fill any new position until
the classification plan shall have been amended to provide an
appropriate employment list established for such position.
12-9 . RECLASSIFICATION. Positions, the duties of which
have changed materially so that reclassification becomes nec-
essary, shall be allocated by the Personnel Director to a more
appropriate class , whether new or already in existence . Re-
classification shall not be used for the purpose of avoiding
restrictions surrounding demotions or promotions .
12-10 . TEMPORARY EMPLOYEES . A position which is not
authorized in the budget and which shall exist for not longer
than six (6) months in any one fiscal year shall be considered
temporary . Employees occupying temporary positions shall not
be included in the competitive service and shall not be sub-
ject to these rules and regulations .
The wages , hours and working conditions for temporary
employees shall be prescribed by the Personnel Director and
department head according to the needs of the city and its
respective departments .
RULE 13
COMPENSATION SCHEDULE
13-1 . POLICY . It is hereby declared that it is the
policy of the city that salary ranges shall be set for
classifications and not the individual who occupies a po-
sition in such classification; that the salary range for each
classification is based on the principle that like salaries
shall be paid for comparable duties and responsibilities;
that the performance of the individual shall not be con-
sidered; and that the compensation schedule shall not be
used to take punitive or disciplinary action against any
employee or to reward any employee, or to circumvent the
provisions of these personnel rules .
13-2 . COMPENSATION SCHEDULE. PREPARATION OF. The Per-
sonnel Director shall prepare a compensation schedule fol-
lowing the adjustment of wages, fringe benefits and other mat-
ters within the scope of representation, pursuant to memoranda
of agreement concluded between recognized employee organiza-
tions and the city, and pursuant to Section 11 of Resolution
No . 3335, "Employer-Employee Relations Resolution . "
13-3 . AMENDMENTS TO SCHEDULE . Such schedule shall be
amended by the Personnel Director from time to time in order
to reflect changes .
29 .
RULE 14
ADDITIONAL PAY AND PAY ADJUSTMENT
14-1 . MERIT SALARY ADVANCEMENT. Any employee, includ-
ing a probationary employee, who has completed one year' s
service in any salary step above Step "A, " provided his per-
formance reports indicate that he has met the standards for
the position, shall receive a salary advancement to the
next higher step .
14-2 . DEFERMENT. When, in the judgment of the appoint-
ing authority, the performance of an employee has not met the
standards for the position which he occupies, he shall not re-
ceive the salary advancement described in Section 14-1 above .
The appointing authority may defer his recommendation for merit
salary advancement for periods of three (3) months each
pending additional performance evaluations and reports . Dur-
ing each such three-month period a performance evaluation and
report shall be made by the appointing authority . When the
employee 's performance is up to standard, as reflected in such
reports , he shall then receive a salary advancement to the next
higher step .
14-3 . MERIT SALARY ADVANCEMENTS NOT AFFECTED BY AU-
THORITY TO FIX SALARIES . Merit salary advancements shall
be made for employees in accordance with this rule, not-
withstanding the power now or hereafter conferred on any
authority to fix or approve the fixing of salaries, unless
there is not sufficient money available for the purpose,
and in such event , the Director of Finance shall so certify .
14-4 . CUMULATIVE RIGHT TO MERIT ADVANCEMENTS . The
right of an employee to merit salary advancements, except
as provided in Section 14-2, is cumulative for a period
not to exceed two ( 2) years and he shall not, in the event
of an insufficiency in the fiscal budget, lose his right
to such advancements for the intermediate steps to which
he may be entitled for such period.
14-5 . BUDGET PROVISION FOR SALARY ADVANCEMENTS . In
submitting budgetary requirements to the Director of Finance,
each department head shall carefully estimate and call at-
tention to the need for money sufficient to provide for merit
salary advancements for the employees under his jurisdiction.
14-6 . SALARY ADVANCEMENTS TO MEET RECRUITING PROBLEMS
OR TO GIVE CREDIT FOR PRIOR SERVICE . APPLICATION FOR OTHER
ADVANCEMENTS . The Personnel Director may authorize payment
at any step above the minimum salary rate to classes or po-
sitions in order to meet recruiting problems, to obtain a
30 .
person who has extraordinary qualifications , to correct
salary inequities resulting from actions by department heads,
or to give credit for prior city service in connection with
appointments, promotions, reinstatements, transfers, re-
classifications, or demotions . Other salary adjustments
within the salary range for the class may be made by the Per-
sonnel Board, upon application by the department head, trans-
mitted to the Board by the Personnel Director, together with
his recommendation. Advancements within the salary range
authorized by this rule may be either permanent or temporary,
and may be effective as of the date of application for such
change .
14-7 . AUTHORIZATION OF PAYMENT ABOVE MAXIMUM RATE OF
CLASS . Employees in a particular class shall receive a sal-
ary within the limits established for that class; provided
that when a position has been reclassified to a lower class
or the salary range or salary rate of the class is reduced,
the Board may authorize the payment to an employee of a rate
above the maximum of the class . During such time as an em-
ployee ' s salary remains above the maximum rate of pay for
his class , he shall not receive further salary increases .
14-8. OVERTIME COMPENSATION. Overtime shall be any
time in excess of the basic work shift . Fire Department per-
sonnel on twenty-four (24) hour shifts shall have a basic duty
week of fifty-six ( 56) hours . All other employees shall have
a basic work week of forty (40) hours .
Employees shall be compensated for overtime at the
hourly equivalent of their monthly salary rate, or by equiv-
alent compensatory time off, except that Fire Department per-
sonnel on emergency call shall be -compensated at the hourly
equivalent of the appropriate salary rate based on a forty
(40 ) hour week. Compensatory time may be accumulated to a
maximum of 120 hours . All other time in excess of the basic
work week shall be paid overtime .
Department heads and key personnel, listed by classifi-
cation in Addendum I hereof, shall not be eligible for over-
time compensation. Time off for such employees may be granted
by the City Administrator and department heads, respectively .
14-9 . COMPENSATION AFTER PROMOTION. A permanent or
probationary employee who, without a break in service, moves
to another class with a maximum salary limit at least two
steps higher shall be entitled to the step in the salary range
next above the rate he has last received, except that an em-
ployee who returns to such a class from which he has been de-
moted in lieu of layoff may not receive a salary step higher
than he would .be receiving had his employment in the class
31.
been continuous . A new merit adjustment date for pay in-
creases shall be established for such employees .
An employee who, on his merit adjustment date, moves
to a class with a higher salary range shall first receive
any merit salary adjustment to. which he is entitled and
then his minimum adjustment under this rule .
Acting appointments to higher positions shall be compen-
sated in like fashion.
14-10 . COMPENSATION AFTER DEMOTION. Any employee who
is demoted because his standard of performance falls below
reasonable standards set for his particular class , and any
employee who has been demoted for disciplinary purposes
shall be placed in the step of the lower salary range that
will provide a pay decrease of not less than two (2) ranges .
Such employees shall be given a new merit adjustment date
for pay increase purposes . The provisions of this section
shall not apply to demotion in lieu of layoff or demotion
under Section 8-1 after medical examination .
14-11 . REDUCTION . Any employee whose performance falls
below reasonable, minimum standards , set for his position
by the appointing authority, may be given a reduction in pay
where substantial evidence exists supporting such action and
the following procedure is followed:
(a) The employee 's appointing authority shall cause to
be served upon such employee a written notice, with copy to
the Personnel Director, advising such employee that his per-
formance is below reasonable , minimum standards , stating
specifically in what way his performance is substandard,
and setting forth what is expected of the employee to bring
his performance up to such minimum standards . Such notice
shall further state that unless the employee brings his per-
formance up to such minimum standards within a stated period
of time , not less than sixty (60) days or more than six (6)
months after the date such notice is served on him, such em-
ployee may be given a reduction in pay .
(b) If such employee does not bring the level of his
performance up to such minimum standards during such no-
ticed period of time the employee 's appointing authority may,
at the conclusion of such time period, reduce the employee ' s
pay .
(c) The application of this section shall not limit
the application of Rule 7 to such employee .
14-12 . STANDBY PAY. Any off-duty employee assigned by
32 .
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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 em-
ployee is assigned standby duty on a city holiday, such em-
ployee shall be paid for three (3) hours in addition to time
worked, if any, while on standby assignment .
14-13 . APPLICATION OF PAY RATE. ENTIRE COMPENSATION.
Unless otherwise indicated in the compensation plan, the rates
of pay set forth represent the total compensation in every
form except for overtime pay . Each employee shall be paid at
one of the established steps in the salary range for his class
unless the Personnel Board, in accordance with provisions set
out in Section 14-6, authorizes a rate above the maximum of
the class .
14-14 . PAYROLL DEDUCTIONS . Employees may authorize the
following deductions from their pay :
(a) Group insurance premiums .
(b ) Loans or savings in the Employees ' Credit Union.
(c ) Contributions to a charitable program approved by
the city .
(d) Recognized employee association dues .
(e) Other deductions approved by the City Administrator.
RULE 15
REPORTS AND RECORDS
15-1 . EMPLOYEE'S PERFORMANCE REPORT . Each appointing
authority or supervisor having immediate charge of an em-
ployee or group of employees , shall make or cause to be made,
on forms provided by the Personnel Director, performance re-
ports for all individuals in the competitive service under
his charge .
The employee performance report shall be prepared not
later than fifteen (15) days preceding the conclusion of
six (6) months service after regular appointment from an
employment list, and after any change in status of any em-
ployee in the competitive service. An employee performance
report shall be prepared not later than fifteen (15) days
preceding the conclusion of twelve (12) months service, and
annually thereafter. Performance reports shall be considered
in promotional examinations and actions relating to merit ad- `
justments , transfer, demotion, or other changes affecting the
status of an employee .
15-2 . PERFORMANCE EVALUATION. Performance evaluation
shall be governed by the following :
33.
(a) The evaluation of work performance provides recog-
nition for effective performance and identifies aspects of
performance which could be improved.
(b) Performance valuation is a continuing responsi-
bility of all appointing authorities and supervisors , and ap-
pointing authorities and supervisors shall discuss performance
informally with each employee as often as necessary to insure
effective performance throughout the year.
(c) Each appointing authority or supervisor shall com-
plete the employee performance report in triplicate and shall
discuss with the employee his overall work performance at
least once in each twelve (12) calendar months following the
end of his probationary period for the purpose of informing
the employee of the caliber of his work, helping the employee
recognize areas where performance could be improved and de-
veloping with the employee a plan for accomplishing such im-
provement .
(d) Performance reports shall be signed and dated by
the appointing authority, the supervisor and employee . The
original form shall be filed in the employee ' s official per-
sonnel file, and a copy shall be kept by the appointing
authorities or supervisors of the respective departments .
A copy shall be given to the employee .
(e) An appeal from a performance report may be made
by any employee.
15-3 . CHANGE IN STATUS REPORTS . Every appointment ,
transfer, promotion, demotion, merit adjustment, change in
salary rate or any other temporary - or permanent change in
status of employees shall be reported to the Personnel Di-
rector in the manner prescribed by him.
15-4 . PERSONNEL FILES . The Personnel Director shall in-
sure that a personnel file and service record card for each
employee in the competitive service is maintained showing the
name, title of position held, department to which assigned,
salary, changes in employment status and other pertinent in-
formation. Such files shall be confidential and shall not
be open to inspection of any person except under the follow-
ing circumstances :
(a) When connected with the city service, such file
may be inspected by the appointing authority .
(b ) With written permission from the employee .
(c) When required by law.
34 .
15-5 . DESTRUCTION OF •RECORDS . The personnel record of
any person employed by the city shall be kept for a period of
not less than five (5) years after termination.
RULE 16
NEPOTISM
16-1 . RELATIVES . APPOINTMENT -PROHIBITED. The City
Council shall not appoint to a salaried position under the
city government any person who is a relative by blood or
marriage within the third degree of any one or more of the
members of such City Council, nor shall the City Administra-
tor or any department head or other officer having appointive
power appoint any relative of his or of any councilman within
such degree to any such position .
16-2 . EMPLOYMENT OF SPOUSE PROHIBITED . No person shall
be employed as a permanent employee who is married to a per-
manent employee .
16-3 . MARRIAGE OF PERMANENT EMPLOYEES . In the event
two persons employed in the same city department marry each
other, one of such employees shall be transferred to a com-
parable position, if any exists , in another city department .
When no position is available, and a transfer cannot be ef-
fected within 120 calendar days from the date of marriage,
one . of such employees shall be terminated.
16-4 . RELATIVES . EMPLOYMENT PROHIBITED . No persons
related by blood or marriage within the third degree shall
be employed in the same city department .
16-5 . PRESENT EMPLOYEES EXEMPTED . This rule shall not
affect persons related by blood or marriage within the third
degree who are in the city 's employ on the effective date of
this resolution.
RULE 17
DEPARTMENTAL RULES AND REGULATIONS
Department heads may establish and promulgate rules
and regulations , filed with the Personnel Director, which
shall govern employees in such departments . Such rules
and regulations shall not be inconsistent with the rules
and regulations contained herein . Employees in the re-
spective departments shall be furnished a copy of such
rules and regulations so that they may be aware of spe-
cial requirements , prohibitions and standards of conduct .
35.
RULE 18
ATTENDANCE AND LEAVES
18-1 . ATTENDANCE . Employees shall be in attendance in
accordance with these rules and regulations governing hours
of work, leaves and holidays . All departments shall maintain
daily attendance records for employees which shall be reported
to the Finance Director on the form and dates specified by him.
18-2 . ANNIVERSARY DATE. For the purpose of computing
vacation and sick leave, an employee 's anniversary date shall
be the most recent date on which he commenced full-time, city
employment .
18-3 . ANNUAL VACATION . The purpose of annual vacation
is to provide a rest period which will enable each employee to
return to work physically and mentally refreshed. All employees
shall be entitled to annual vacation with pay EXCEPT the fol-
lowing:
(a) Employees who have not completed six ( 6) months con-
tinuous service with the city .
(b ) Employees who work less than full time .
(c ) Employees on leave of absence .
18-4 . VACATION ALLOWANCE . Permanent employees in city
service , having an average work week of forty (40) hours , shall
earn annual vacations with pay in accordance with the following:
(a) Six months or more continuous service = 96 working
hours .
(b) Six through ten years continuous service = 112
working hours .
(c) Eleven through fifteen years continuous service =
128 working hours .
(d) Fifteen years and over continuous service = 160 work-
ing hours .
Credit shall be given for fractions of months over one-
half.
Permanent, part-time employees assigned a work schedule
of less than 2080 and more than 1040 hours per year shall
receive vacation in one-half the amounts set forth above .
Permanent employees, having an average work week of fifty-
36 .
six (56) hours , shall receive annual vacations with pay in a
manner corresponding to that earned by permanent employees
working the standard, forty-hour week .
18-5 . VACATION. WHEN TAKEN. No employee shall be per-
mitted to take a vacation in excess of actual time earned,
and vacation shall not be accrued in excess of 320 hours . Va-
cations shall be taken only with permission of the department
head; however, the department head shall schedule all vaca-
tions with due consideration for the wish of the employee and
particular regard for the need of the department .
18-6 . HOLIDAYS OCCURRING DURING VACATION . In the event
one or more municipal holidays falls within a vacation period,
such day or days shall not be charged against the vacation
allowance , but the vacation may be extended accordingly .
18-7 . TERMINAL VACATION PAY . No employee shall be paid
for unused vacation other than upon termination of employment
at which time such terminating employee shall receive compen-
sation at his current salary rate for all unused, earned va-
cation to which he is entitled up to and including the effec-
tive date of his termination.
18-8 . SICK LEAVE . As used in this rule, "sick leave"
means the necessary absence from duty of an employee because of:
(a) His illness or injury .
(b ) His exposure to contagious disease .
(c ) His dental, eye, and other physical or medical exam-
ination or treatment by a licensed practitioner.
(d) His required attendance, not to exceed a total of
five ( 5) days in any calendar year, upon his ill or injured
spouse, child, or stepchild residing in the immediate household
of the employee .
18-9 . SICK LEAVE ALLOWANCE. Probationary and per-
manent employees shall accrue sick leave at the rate of eight (8)
hours a month, or any major portion thereof . Permanent ,
part-time employees , assigned a work schedule of less than
2080 hours per year, shall accrue sick leave at the rate of
four (4 ) hours per month, or any major portion thereof. No
limitation shall be placed on the number of hours which may
be accumulated, and sick leave may be earned from the orig-
inal date of employment .
An employee who has exhausted his sick leave may, in
lieu thereof, substitute accrued vacation or any earned com-
37 •
pensatory time off.
18-10 . SICK LEAVE DISALLOWED . No employee shall use
sick leave for any of the following:
(a) Disability or illness arising out of or sustained
while engaged in outside work or business activity .
(b) Because of intoxication or recovery therefrom .
(c) Because of use of narcotics or other habit-forming
drugs , or recovery from the use thereof, unless such narco-
tics or drugs have been prescribed for the employee 's use by
a licensed practitioner.
18-11 . EVIDENCE OF NEED FOR SICK LEAVE . The department
head shall approve sick leave only after having ascertained
that the absence was for an authorized reason . He may re-
quire the employee to submit substantiating evidence includ-
ing, but not limited to, a physician 's certificate and/or
an affidavit on a form prescribed by the department head
and approved by the Personnel Director. If the department
head does not consider the evidence adequate, he shall dis-
approve the request for sick leave, and indicate on the pay-
roll form that such absence shall be uncompensated and charged
to lost time . A department head may impose additional dis-
ciplinary measures , including dismissal from the competitive
service, when any employee fraudulently obtains sick leave
or abuses the sick leave privilege .
18-12 . EXTENDED SICK LEAVE . On written request of a
permanent employee, the department head may give written
authorization for leave of absence without pay for any nec-
essary period provided :
(a) The employee has exhausted all vacation, compensa-
tory time off and sick leave to his credit .
(b) The employee has furnished his department head a
certificate from the attending physician stating the nature
of the illness and the estimated time necessary for recovery .
In the case of department heads such authorization may
be given by the City Administrator.
Prior to resuming his duties , the employee may be re-
quired to submit to a physical examination at the expense
of the city . The employee ' s personnel record and the result
of such medical examination shall determine the employee 's
fitness to return to work.
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18-13 . ILLNESS OCCURRING DURING VACATION. An employee
who becomes ill or sustains an injury while on vacation may
have such time charged against his earned sick leave pro-
vided :
(a) Immediately upon return to duty, the employee sub-
mits to his department head a written request for sick leave,
accompanied by a statement from his attending physician de-
scribing the nature of the illness or injury and confirming
the dates on which the illness or injury occurred.
(b) With the department head ' s approval, such time shall
be entered on the departmental payroll form as sick leave .
18-14 . SICK LEAVE UPON TERMINATION. Upon termination all
employees shall be paid, at their current salary rate, for
twenty-five percent (25% ) of unused, earned sick leave from
488 through 720 hours , and for fifty percent (50%) of all un-
used, earned sick leave of 728 hours or more .
18-15 . PAYMENT OF DEPENDENT HEALTH INSURANCE PREMIUMS .
The City of Huntington Beach will pay the premiums for de-
pendent health insurance for those employees of the city who
have accumulated 480 or more hours of unused sick leave on or
after September 1, 1969 .
The use of all or part of such sick leave after the accumu-
lation of said 480 or more hours shall not terminate or suspend
the employee ' s privilege to have such premiums paid by the city .
18-16 . INDUSTRIAL ACCIDENT LEAVE . Industrial accident
leave, for a period not to exceed one (1) year, shall be
granted any employee absent from work as a result of any in-
jury or disease arising out of or occurring during the course
of his employment .
In all such cases where sickness or injury is compen-
sable under the Labor Code or the Workmen's Compensation
Insurance and Safety Act of the State of California, the em-
ployee ' s salary rate shall be paid by the city, following
such sickness or injury, during the waiting period required
by law, and up to the time compensation payments commence
thereunder.
Any period of time during which an employee is required
to be absent from his position by reason of an injury or dis-
ease for which he is entitled to receive temporary disability
compensation under the provisions of Division 4 of the Labor
Code of the State of California is not a break in his con-
tinuous service for the purpose of his right to salary ad-
justments , sick leave , vacation, or length-of-service com-
putation.
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18-17. INDUSTRIAL ACCIDENT. REPORT REQUIRED. Any on-
the-job injury or accident shall be reported by the injured
employee , if able to do so, to the department head or em-
ployee ' s immediate supervisor within twenty-four (24) hours
after occurrence thereof. A written report shall be com-
pleted, reviewed by the department head and forwarded to the
Personnel Director, on forms prescribed by him. Failure to
file written report , after having been directed to do so, if
the employee is able to do so, may be grounds for disciplinary
action.
18-18 . INDUSTRIAL ACCIDENTS REQUIRING MEDICAL EXAMINA-
TION. The Personnel Director may designate a physician and
require an employee to submit to a medical examination when
such employee is absent from duty, as a result of an in-
dustrial accident, for a longer period of time than that re-
quired for immediate, emergency medical attention .
18-19 . MATERNITY LEAVE. Upon written request, any fe-
male employee shall be given a six (6) months leave of ab-
sence without pay after the sixth month of pregnancy unless
such leave is requested at an earlier time by the attending
physician. Prior to return to duty, such employee shall fur-
nish to the Personnel Director a release signed by her ob-
s.tetrician or attending physician.
Any probationary female employee who is pregnant shall
be given a six (6) month leave of absence without pay as set
out in this section, provided that the probationary period
shall be extended for whatever length of time is granted
such employee as maternity leave .
18-20 . LEAVE OF ABSENCE WITHOUT PAY . The following
provisions shall apply only to those permanent employees
entitled to vacations :
(a) Ninety Calendar Days or Less . Upon written rec-
ommendation of the department head, the Personnel Director
may grant special leaves of absence without pay for a period
not to exceed ninety ( 90) calendar days . Acceptance of
other permanent employment while on such leave shall consti-
tute resignation from the competitive service .
(b) Over Ninety Calendar Days . The City Administrator
may authorize special leaves of absence with or without pay
in excess of ninety (90) calendar days .
A leave granted under subsections (a) or (b) above -as-
sures to the employee the right to return to his position.
18-21. RESTRICTED DUTY LIMITATION. Any employee who
40.
has been temporarily disabled as a result of injury or ill-
ness may return to work in a restricted duty capacity subject
to the following provisions :
(a) When. an employee suffers an injury or illness which
is compensable under the California Workmen' s Compensation
laws , such employee may return to work on a restricted duty
status for a period not to exceed one (1) calendar year from
the date of such injury or illness upon receipt of a release
from the attending physician and subject to the approval of
the department, head. Such return to duty is discretionary
with the department head and subject to the availability of
limited duty work . The department head shall notify the Per-
sonnel Director prior to approving return to limited duty
status .
(1) In the event the employee is unable to return
to normal duty at the end of one (1) calendar year, he shall
be required to accept disability retirement under the terms
of the California Workmen 's Compensation laws and the Public
Employees ' Retirement System.
(2 ) In the event the employee on disability retire-
ment should recover from the disability to the extent of be-
ing able to return to his normal duties , he may be reinstated
to the department upon recommendation of the department head,
satisfactory completion of a medical examination by the city ' s
physician, and the approval of the City Administrator . The
reinstated employee shall be entitled to an anniversary date
adjusted by the amount of time in disability retirement status .
(b) When an employee suffers an injury or illness which
is not compensable under the California Workmen's Compensation
laws , such employee may return to work on a restricted duty
status for a period not to exceed six (6) calendar months from
the date of such injury or illness upon receipt of a release
from the attending physician and subject to the approval of
the department head. Such return to duty is discretionary with
the department head and subject to the availability of limited
duty work . The department head shall notify the Personnel Di- t
rector prior to approving return to limited duty status .
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(1) In the event the employee is unable to return
to his normal duties at the end of six (6) calendar months ,
he may apply for a nonpaid leave of absence not to exceed six
(6) calendar months . Such nonpaid leave shall be subject to
the approval of the department head and the City Administrator.
( 2) In the event the employee is unable to return
to full duty status at the end of his six (6) month nonpaid ;
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leave he shall be subject to compulsory retirement from the
department and city .
(3) In the event the employee fully and permanently
recovers from his disability within three (3) calendar years
from the date of retirement, he may apply for reinstatement, to
the department upon recommendation of the department head,
satisfactory completion of a medical examination by the city ' s
physician, and the approval of the City Administrator. The
reinstated employee shall be entitled to an anniversary date
adjusted by the amount of time in disability retirement status .
18-22 . MILITARY LEAVE . Military leave shall be granted
in accordance with Sections 395 et seq . of the Military and
Veterans Code, and amendments thereto, and other applicable
provisions of state law. Any employee applying for military
leave shall give his department head, within the limits of
military regulations , an opportunity to determine when such
leave shall be taken. A copy of the employee ' s military
orders shall be furnished the department head prior to be-
ginning any such leave .
18-23 . JURY DUTY . Employees who are summoned to attend
court to serve as witnesses , or who perform jury service shall
be entitled to their regular compensation while serving pro-
vided the fees , except mileage and subsistence allowance, if
any, which they received as jurors or witnesses , are remitted
to the city .
18-24 . REPORTING ABSENCES . An employee, absent from
duty, shall report the reason for such absence to his depart-
ment head or immediate supervisor prior to the date or time of
such absence whenever such absence can be anticipated, and in }
no case later than one-half (112) hour after the time set for (,
beginning his daily duties or assigned work shift . Absences
not reported in the manner prescribed shall be considered ab-
sences without leave, and shall be charged against the em-
ployee as lost time on the departmental payroll form unless
justified to the satisfaction of the department head . i
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18-25. HOLIDAY LEAVE. All nonsafety employees shall have
the following legal holidays as vacation with pay :
(a) New Year' s Day
(b ) Lincoln' s birthday (February 12)
(c ) Washington ' s birthday (third Monday in February) !
(d) Memorial Day (last Monday in May)
(e ) Independence Day (July 4)
(f) Labor Day (first Monday in September)
(g) Veterans ' Day (last Monday in October) '
(h) Thanksgiving Day (last Thursday in November)
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(i ) The Friday after- Thanksgiving
Q ) Christmas Day (December 25)
(k) Any day declared by the President of the United
States or the Governor of the State of California to be a
national holiday.
Holidays which fall on Sunday shall be observed the fol-
lowing Monday, and those falling on Saturday shall be observed
the preceding Friday .
Employees at their request shall be granted paid time off
from 12 : 00 noon to 3 : 00 p .m. on Good Friday .
Public safety employees , designated by the Police Chief,
Fire Chief and Director of Harbors and Beaches , who are re-
quired to work regular shifts on the above holidays , shall
not be entitled to time off or overtime . They shall, however,
accrue time for holiday pay purposes based on the number of
days in the calendar year that general city offices are closed
in observance of legal holidays , Saturdays and Sundays ex-
cluded. For each month such safety employee is actively em-
ployed by the city , he shall receive, in addition to regular
compensation, eighty-three percent (83%) of his current, daily
salary rate .
18-26 . WORK WEEK. The normal work week for all perma-.
nent employees , except fire department personnel, shall be
forty (40) hours .
Permanent employees in the fire department who work
twenty-four-hour-work shifts , shall have a normal work week
of fifty-six (56) hours .
18-27 . WORK SHIFTS . For all full-time positions , ex-
cept certain positions in the fire department, the normal
work shift shall be eight ( 8) or ten (10) hours . Positions
designated by the Fire Chief shall have a normal twenty-
four-hour-work shift .
18-28 . WORK SCHEDULE . Normal work schedules shall be
determined by the respective department heads . All offices
of the city, except those which require special regulations
shall be open for business on all days of the year, Satur-
days , Sundays and holidays excluded, continuously from
8 : 00 a.m. to 5: 00 p .m.
RULE 19
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GRIEVANCE PROCEDURE - NONDISCIPLINARY MATTERS
19-1 . PURPOSE . The purpose of this rule is to provide
8
43 .
a means by which grievances of employees or employee organi-
zations may be considered, discussed and resolved at the
level closest to their point of origin. The grievance pro-
cedure provided for in this rule does not apply to the re-
view of employee disciplinary matters which subject is
treated in Rule 20 hereof.
19-2 . DEFINITION. For the purpose of this rule, a
grievance is a dispute concerning the interpretation or
application of any provision of a written memorandum of
agreement or any provision of the city 's Employer-Employee
Relations Resolution, or any provision of this resolution
or any departmental rule governing personnel practices or
working conditions , with the exception of matters excluded
by Section 19-3 .
19-3 . MATTERS EXCLUDED FROM GRIEVANCE PROCEDURE . The
following subjects are excluded from the grievance procedure
provided for herein:
(a) The review of employee disciplinary matters which
is treated in Rule 20 hereof.
(b ) All matters subject to impasse procedure, provided
in the Employer-Employee Relations Resolution .
19-4 . SUBMISSION OF GRIEVANCES . Any individual employee
or recognized employee organization shall have the right to
present a grievance .
If two (2) or more employees have essentially the same
grievance and report to the same supervisor, they may, and
if requested to do so by the city, must jointly or collectively
present and pursue their grievance.
If a grievance is alleged by three (3) or more employees ,
the group shall, at the request of the city, appoint one of
such employees to speak for the group .
19-5 . GRIEVANCE PROCEDURE . The grievance procedure
shall consist of .the following steps , each of which must be
completed prior to any request for further consideration of
the matter unless otherwise provided herein:
Step 1 . Informal Discussion (optional) . If an employee
feels that he has a grievance, as defined in Section 19-2,
he may request a meeting with his immediate supervisor within
ten (10) days after the employee becomes aware or reasonably
should have become aware of the subject matter of the grievance .
The immediate supervisor, within five (5) days of such request ,
shall meet with the employee when so requested and discuss the
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grievance in an effort to clarify the issue and work toward a
cooperative settlement or resolution of the dispute . The im-
mediate supervisor shall present , verbally or in writing, his
decision to the employee within five (5) days from the time
of the informal discussion.
Step 2 . Formal Procedure . Immediate Supervisor. If the
grievance is not settled through informal discussion, or if the
employee elects not to invoke his right to informal discussion,
the employee may formally submit a grievance to his immediate
supervisor within five ( 5) days following the decision pur-
suant to informal discussion, or in the event the employee
does not elect to invoke his right to informal discussion,
within ten (10) days after the occurrence which gives rise to
the grievance or after the employee becomes aware or reason-
ably should have been aware of the subject matter of the griev-
ance . Such submission shall be in writing, stating the nature
of the grievance and a suggested solution or requested remedy .
Within five (5) days after receipt of the written grievance,
the immediate supervisor shall meet with the employee . Within
five (5) days thereafter written decision shall be given the
employee by the immediate supervisor.
Step 3 . Department Head. In cases where the department
head is not the immediate supervisor, if the grievance is not
settled under Step 2 , the grievance may be presented to the
department head. The grievance shall be submitted within
five (5) days after receipt of the written decision from Step
2 . Within five (5) days after receipt of the written griev-
ance, the department head, or his representative, shall meet
with the employee and his immediate supervisor, if any .
Within five (5) days thereafter written decision shall be
given to the employee .
Step 4 . City Administrator. If the grievance is not settled
under Step 3, the grievance may be presented to the City Admin-
istrator in accordance with the following procedure : a written
statement of the grievance shall be filed with the Personnel
Director who shall act as hearing officer and shall set the
matter for hearing within fifteen (15) days thereafter, and
shall cause notice thereof to be served upon all interested
parties .
The Personnel Director, or his representative,
shall hear the matter de novo and shall make recommended find-
ings , conclusions and decision in the form of a written report
and recommendation to the City Administrator within five .(5)
days following such hearing. The City Administrator may , in
his discretion, receive additional evidence or argument by
setting the matter for hearing within ten (10) days following
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his receipt of such report, and causing notice of such hearing
to be served upon all interested parties .
Within five (5) days after receipt of report ,
or the hearing provided for above, if such hearing is set by
the City Administrator, the City Administrator shall make
written decision and cause such to be served upon the em-
ployee or employee organization and the Personnel Director.
Step 5 . Personnel Board. If the grievance is not set-
tled under Step TT it may be appealed to the Personnel Board
for de novo hearing and final determination in accordance with
the following procedure :
(a) Within five (5) days after the time decision is
rendered under Step 4 above, a written statement of grievance
shall be filed with the Personnel Director. Such statement of
grievance shall set forth in detail the nature of the grie-
vance, the facts surrounding the subject matter of the grie-
vance, the contentions of the employee and the proposed solu-
tion or determination.
(b) Hearing. As soon as practicable thereafter, the
Personnel Director shall set the matter for hearing before a
hearing officer from the California State Office of Adminis-
trative Procedure . The hearing officer shall hear the case
and shall make recommended findings , conclusions and decision
in the form of a written report and recommendation to the
Board.
(c) The Board shall consider the written report and
recommendations of the hearing officer and after due delib-
eration in executive session, shall render a decision in the
matter which shall be final and binding on all parties, and
from which there shall be no further appeal .
19-6 . SUPPLEMENTAL HEARING BY PERSONNEL BOARD .
(a) The Board may , in its sole discretion, after it has -
received the written report and recommendation of the hear-
ing officer, set the matter for private hearing for the pur-
pose of receiving additional evidence or argument . In the
event the Board sets a private hearing for such purpose, the
Personnel Director shall give written notice of such to all
parties concerned in such matter.
(b) The Board, following a consideration of the hearing
officer' s written report and recommendation and deliberation
thereon and any supplemental hearing before the Board, shall
make findings , conclusions and decision which shall be final
and binding on all parties and from which there shall be no
46 .
further appeal .
19-7 . GRIEVANCE. DEPARTMENT HEAD . Any department
head who has a grievance may present it to the City Adminis-
trator for determination. The City Administrator shall render
a written decision to said department head within five (5)
days after such submission, which decision may be appealed by
the department head to the Personnel Board in accordance with
Step 5 of Section 19-5 .
RULE 20
REVIEW PROCEDURE IN DISCIPLINARY MATTERS
20-1 . PURPOSE . The purpose of this rule is to provide
a means by which grievances of employees arising out of discip-
linary matters may be considered, discussed and resolved at
the level closest to the point of origin. The grievance pro-
cedure provided for in this rule does not apply to review of
matters covered by Rule 19 of this resolution.
20-2 . DEFINITION. For the purpose of this rule, a griev-
vance is a dispute concerning the application, interpreta-
tion, or enforcement of the rules contained in this resolu-
tion or departmental rules governing the conduct of employees
in the competitive service in cases where discipline has been
imposed upon such employees .
20-3 . SUBMISSION OF GRIEVANCES . Any individual employee
shall have the right to present a grievance . If two (2) or
more employees have essentially the same grievance and report
to the same immediate supervisor, they may, and if requested to
do so by the city, must collectively present and pursue their
grievance . If a grievance is alleged by three (3) or more em-
ployees, the group shall, at the request of the city, appoint
one (1) such employee to speak for the group .
20-4 . GRIEVANCE PROCEDURE . The grievance procedure shall !
consist of the following steps , each of which must be completed
prior to any request for further consideration of the matter i
unless otherwise provided herein :
Step 1 . Informal Discussion (optional) . If an employee
feels that he has a grievance, as defined in Section 20-2
hereof, he may request a meeting with his immediate supervisor
within ten (10) days after the employee becomes aware or
reasonably should have become aware of the subject matter. of
the grievance . The immediate supervisor, within five (5) days
of such request, shall meet with the employee when so requested
and discuss the grievance in an effort to clarify the issue and
47 . E
work toward a cooperative settlement or resolution of the dis-
pute . The immediate supervisor shall present , verbally or in
writing, his decision to the employee within five (5) days
from the time of the informal discussion-.
Step 2 . Formal Procedure . Immediate Supervisor. If the
problem is not settled through informal discussion, or if the
employee elects not to invoke his right to informal discussion,
the employee may formally submit a grievance to his immediate
supervisor within five (5) days following the decision pur-
suant to informal discussion, or in the event the employee
does not elect to invoke his right to informal discussion,
within ten (10) days after the occurrence which gives rise to
the grievance, or after the employee becomes aware or reason-
ably should have been aware of the subject matter of the griev-
ance . Such submission shall be in writing, stating the nature
of the grievance and a suggested solution .or requested remedy .
Within five (5) days after receipt of the written grievance,
the immediate supervisor shall meet with the employee . Within
five ( 5) days thereafter written decision shall be given the
employee by the immediate supervisor .
Step 3 . Department Head. In cases where the ddepartment
head is not the immediate supervisor, if the grievance is not
settled under Step 2, the grievance .may be presented to the
department head. The grievance shall be submitted within five
( 5) days after receipt of the written decision from Step 2 .
Within five (5) days after receipt of the written grievance,
the department head, or his representative, shall meet with
the employee and his immediate supervisor, if any . Within
five (5) days thereafter written decision shall be given to
the employee .
20-5. PERSONNEL BOARD. If the grievance is not set-
led under Step 3, it may be appealed to the Personnel Board
for de novo hearing and final determination in accordance with
the following procedure :
(a) Within five (5) days after the time decision is
rendered under Step 3 above, a written statement of grievance
shall be filed with the Personnel Director. Such statement of
grievance shall set forth in detail the nature of the griev-
ance , the facts surrounding the subject matter of the griev-
ance, the contentions of the employee and the proposed solu-
tion or determination.
(b) Hearing. As soon as practicable thereafter, the !
Personnel Director shall set the matter for hearing before a '
hearing officer. The hearing officer shall hear the case
without the Board and shall make recommended findings , con-
48 .
clusions and decision in the form of a written report and
recommendation to the Board.
( c) The Board shall consider the written report and rec-
ommendations of the hearing officer and after due deliberation
in executive session, shall render a decision in the matter
which shall be final and binding on all parties , and from
which there shall be no further appeal .
20-6. SUPPLEMENTAL HEARING BY PERSONNEL BOARD.
(a) The Board may, in its sole discretion, after it has
received the written report and recommendation of the hearing
officer, set the matter for private hearing for the purpose
of receiving additional evidence or argument . In the event
the Board sets a private hearing for such purposes, the Per-
sonnel Director shall give written notice of such to all
parties concerned in such matter.
(b) The Board, following a consideration of the hearing
officer' s written report ,and recommendation and deliberation
thereon and any supplemental hearing before the Board, shall
make findings , conclusions and decision which shall be final
and binding on all parties and from which there shall be no
further appeal.
20-7 . APPEALS. SUSPENSION, DEMOTTION 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 J.
Sections 20-5 and 20-6 of this resolution.
20-9 . EMPLOYEE STATUS PENDING FINAL DETERMINATION .
Notwithstanding the provisions of Rule 7 , Section 7-4 (Sus-
pension with Pay) , the action of a department head, or the
City Administrator if a department head is involved, shall be
effective pending review by the appellate authority, and no
employee shall be entitled to compensation during said period
unless the action of the department head or City Administra-
tor is modified by such appellate authority to provide for
compensation, or is revoked. The appellate authority may
order reinstatement of the employee and may grant full,
49 •
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partial, or no compensation for the period of suspension,
demotion or dismissal .
RULE 21
GRIEVANCE PROCEDURES - GENERAL
21-1 . RIGHT TO REPRESENTATION . At any stage of the pro-
ceedings , as set out in Rules 19 and 20, each employee shall
have the right to assistance by a representative of his own
choosing to prepare and present his grievance, or by the rec-
ognized employee organization which represents such employee
in employee relations matters .
21-2 . RIGHT OF APPEAL. Any supervisor, department head
or the City Administrator who renders a decision concerning any
grievance in accordance with these rules , shall have the right
of appeal .
Any department head who renders a decision with respect
to an employee under his jurisdiction, pursuant to Rule 19 ,
shall have the right to appeal a decision from the City Ad-
ministrator to the Personnel Board.
21-3 . ADVERSE DECISIONS . If any appellate authority
hereunder fails to render a decision within the .time stipu-
lated, such inaction shall be deemed a right to proceed with
the next following step in the procedure set forth in Rules
19 and 20 .
21-4 . REFERRAL OF APPEAL MATTERS . In any matter over
which the appellate authority has no jurisdiction or control,
such authority may pass the matter on to the next higher ap-
pellate authority .
21-5 . RESOLUTION OF DISPUTES . All disputes as to what
matter is subject to Rule 19, "Grievance Procedure - Nondis-
ciplinary Matters" or Rule 20, "Review Procedure in Disci-
plinary Matters" shall be determined in accordance with the
procedure set forth in Rule 19 hereof.
21-6 . PROCEDURES MUTUALLY EXCLUSIVE . The grievance pro-
cedures set forth in Rules 19 and 20 hereof are mutually ex-
clusive .
21-7 . HEARING OFFICERS . The hearing officer provided for
in Rules 19 and 20 shall be furnished by the California State
Office of Administrative Procedure or, the Board, in its dis-
cretion, may choose a member of the State Bar of California
who is not employed by the City of Huntington Beach .
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21-8 . HEARING OFFICER- AND REPORTER. In all cases in-
volving a hearing officer, a reporter shall be ordered un-
less waived by both the city and the appellant . The cost of
a hearing officer and a reporter shall be borne equally by
the city and the appellant .
21-9 . AUTHORITY TO COMPEL ATTENDANCE OF WITNESSES . Any
appointing authority, the hearing officer and the Personnel
Board shall have the power to issue subpoenas to compel the
attendance at any hearing held under Rules 19 or 20 of this
resolution of any witness whether or not such witness is an
employee, and to administer oaths or affirmations in conjunc-
tion with such hearing.
21-10 . LIMITATION ON TIME . If an employee or employee
organization does not present a grievance or does not appeal
the decision rendered regarding his grievance within the time
specified in these rules , such decision shall stand and shall
be final for all purposes , and binding upon the parties .
21-11. TIME . COMPUTATION OF. The period of time in
which any act must occur, as provided in these rules , shall be
computed by excluding the first and including the last day of
such period, and in the event the last day falls on a Saturday,
Sunday or legal holiday , such acts may be accomplished on the
next succeeding working day .
As used in Rules 19 and 20, all references to days shall
be interpreted to mean calendar days .
21-12 . TIME . EXTENSION OF . Upon written consent of
the parties , the time limitation imposed upon procedures set
forth in these rules may be extended a reasonable time .
21-13 . MEMORANDA OF AGREEMENT GIVEN PRECEDENCE . In any
case in which any provision of this resolution is inconsistent
with a provision embodied in any memorandum of agreement be-
tween a recognized employee organization and the city, approved
by the Council and executed, the provision contained in such
memorandum of agreement shall supersede the provision contained
in these rules .
RULE 22
REPEALS
Resolutions No . 1722, 2504, 2667, 2860, 3050 and 3254
are hereby repealed, and all resolutions in conflict herewith
are hereby repealed.
51.
-RULE 23
SEVERABILITY
If any section, subsection, sentence, clause, phrase or
portion of this resolution, or any additions or amendments
thereto, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this reso-
lution or its ,application to other persons . The City Council
hereby declares that it would have adopted this resolution and
each section, subsection, sentence, clause, phrase or portion,
and any additions or amendments thereto, irrespective of the
fact that any one or more sections, subsections , sentences ,
clauses , phrases or portions , or the application thereof to
any person, be declared invalid or unconstitutional .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the lst
of November, 1971 .
e
Mayor
ATTEST:
City erk
APPROVED AS TO FORM:
Cit ttorney
17�
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52 .
ADDENDUM I TO
RESOLUTION NO. 3381
DEPARTMENT HEADS AND KEY PERSONNEL
Administrative Assistant
Assistant Administrator
Assistant Building Director
Assistant City Attorney
Assistant City Clerk
Assistant City Librarian
Assistant Civil Defense Director
Assistant Director Harbor & Beaches
Assistant Personnel Director
Assistant Planning Director
Battalion Chief
Beach Supervisor
Building Director
City Administrator
City Attorney
City Clerk
City Engineer
City Librarian
City Treasurer
Deputy City Attorney III
Deputy City Attorney II
Deputy City Attorney I
Development Coordinator
Director Harbors, Beaches & Development
Director Public Works
Division Engineer
Economic Development Officer
Engineering Supervisor
Finance Director
Fire Chief
Fire Marshal
Lifeguard Captain
Oil Field Superintendent
Operations Officer
Park Superintendent
Parks & Recreation Director
Personnel Assistant
Personnel Director
Planning Director
Police Captain
Police Chief
Programmer II
Public Information Officer
Purchasing Agent
Recreation Superintendent
Recreation Supervisor
Supervisory Accountant
Systems Analyst
Water Superintendent
November 1971
Res. No. 3381
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES , the duly elected; qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the 1st
day of November 19 71 , by the following vote:
AYES : Councilmen:
Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen:
None
ABSENT: Councilmen:
Green
City Clerk and -officio Clerk
of the City Council of the City
of Huntington Beach, California
w
RESOLUTION NO. 3335
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ADOPTING RULES AND REGU-
LATTIONS FOR THE CONDUCT OF EMPLOYER-EMPLOYEE
RELATIONS WITHIN SAID CITY
WHEREAS , Chapter 10 , Division 4 , Title 1 of the Government
Code. of the State of California was amended, effective January 1,
1969 , for the purpose of promoting improved employer-employee
relations between public employers and employees by establishing
uniform and orderly methods of communication between employees
and the public agencies by which they are employed; and
Government Code Section 3507 empowers a city to adopt reason-
able rules and regulations after consultation in good faith with
representatives of its employee organizations for the administra-
tion of employer-employee relations; and
The City of Huntington Beach desires to adopt such reason-
able` rules and regulations as authorized by law,
NOW, THEREFORE , the City Council of the City of Huntington
Beach does hereby resolve as follows :
SECTION 1
TITLE OF RESOLUTION
This resolution shall be known as the "Employer-Employee
Relations Resolution. of the City of Huntington Beach. "
SECTION 2
STATEMENT OF PURPOSE
The purpose of this resolution is to implement Chapter 10 ,
Division 4 , Title 1 of the Government Code of the State of Cali-
fornia (Sections 3500 et seq . ) , captioned "Public Employee Or-
ganizations , " by providing orderly procedures for the adminis-
tration of employer-employee relations between the city and its
employees and for resolving disputes regarding wages , hours and
other terms and conditions of employment . This resolution is
1 .
intended to establish uniform and orderly methods of communi-
cation between the city and its employees .
SECTION 3
DEFINITIONS
As used in and for the purpose of this resolution, the
following terms shall have the meanings indicated:
3-1. BOARD shall mean the Personnel Board of the City of
Huntington Beach .
3-2 . CITY shall mean the City of Huntington Beach .
3-3 • CITY COUNCIL shall mean the City Council of the City
of Huntington Beach .
3-4 . EMPLOYEE shall mean any person regularly employed
by the city except elected officials .
3-5 . EMPLOYEE, CONFIDENTIAL shall mean any employee who,
in the regular course of his duties , has access to, or possesses
information relating to decisions of city management affecting
employer-employee relations .
3-6. EMPLOYEE, MANAGEMENT shall mean employees having
the responsibility for formulating and administering city
policies and programs including, but not limited to, depart-
ment heads, assistant department heads and such other manage-
ment personnel as may be designated by the Personnel Director.
3-7 . EMPLOYEE, PROFESSIONAL shall mean employees engaged
in work requiring specialized knowledge and skills attained
through completion of a recognized course of instruction, in-
cluding but not limited to, attorneys, physicians, nurses, en-
gineers, architects , librarians and various types of physical,
chemical and biological scientists .
3-8 . EMPLOYEE RELATIONS shall mean the relationship be-
tween the city and its employees and their employee organiza-
tions , or when used in a general sense, the relationship between
management and employees or employee organizations .
3-9 • EMPLOYEE, SUPERVISORY shall mean employees having
authority to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees, or
responsibly direct them, or to adjust their grievances ,* or ef-
fectively to recommend any of the foregoing actions, if, in
connection with the foregoing, the exercise of such authority
2 .
I
1
is not of a merely routine or :clerical nature, but requires the
use of independent judgment .
3-10 . IMPASSE shall mean a deadlock in the discussions be-
tween a recognized employee organization and the city over. any
matter concerning which they are required to meet and confer in j
good faith, or over the scope of such subject matter. {
3-11 . 14EET AND CONFER IN GOOD FAITH shall mean the per- !
formance by duly authorized city representatives and duly author-
ized representatives of a recognized employee organization of
their mutual obligation to meet at reasonable times and to
confer in good faith in order to exchange freely information,
opinions , and proposals, and to endeavor to reach agreement on
matters within the scope of representation. This does not com-
pel either party to agree to a proposal or to make a concession. j
3-12 . PERSONNEL DIRECTOR shall mean the Personnel Direc-
tor of the City of Huntington Beach.
i
3-13 . RECOGNITION shall mean acknowledgment by the Per-
sonnel Director that an employee organization is the exclusive
representative of all the employees in an appropriate unit , as
determined by the Personnel Director, except employees in such
unit who have elected to represent themselves .
3-14 . RECOGNIZED EMPLOYEE ORGANIZATION shall mean an em-
ployee organization which has been granted recognition by the '
Personnel Director as the employee organization which has the
right to meet and confer in good faith as the exclusive or-
ganizational representative of all members of an appropriate
unit except those members in such unit who elect to represent
themselves .
3-15 . SCOPE OF REPRESENTATION shall mean all matters re-
lating to employment conditions and employer-employee relations,
including, but not limited to, wages, hours and other terms
and conditions of employment . City rights , as defined in Sec-
tion 5 herein, are excluded from the scope of representation.
SECTION 4
EMPLOYEE RIGHTS
4-1 . RIGHTS ENUMERATED. Employees shall have the fol-
lowing rights :
(a) To form, join and participate in the activities of em-
ployee organizations of their own choosing for the purposes of
representation on all matters of employee relations .
3 •
i
(b ) To refrain from joining: or participating in the ac-
tivities of employee organizations .
(c ) To represent themselves individually at any time in
their employee relations .
(d) Professional employees have the right to be repre-
sented separately from nonprofessional employees by a pro- j
fessional employee organization consisting of such professional
employees .
4-2 . INTERFERENCE PROHIBITED . Neither the city, nor any
employee organization, nor any employee, shall interfere with,
intimidate, restrain, coerce, or discriminate against any em-
ployee or employees because of the rights guaranteed hereunder .
i
4-3 . EXCEPTIONS . Management and confidential employees
who are members of employee organizations which represent
employees who are not management or confidential employees I :. ... : :.
shall not represent such employee organizations on matters
within the scope of representation.
Supervisory employees who are members of employee organi-
zations which represent employees who are not supervisory em-
ployees shall not serve as representatives of such organiza-
tions in any stage of the grievance procedure .
Nothing herein shall be construed to give employees the
right to strike, and any employee who, directly or indirectly,
by any means whatsoever, encourages, causes or participates
in any strike, walkout, stoppage or retarding of work, or any
other interference with the conduct of the city ' s operations,
shall be subject to discharge or other disciplinary action in
the sole discretion of the city .
SECTION 5
CITY RIGHTS
5-1. RIGHTS ENUMERATED. Except as otherwise specifically
provided in this resolution, or amendments or revisions thereto,
the city has and retains the sole and exclusive rights and func-
tions of 'management , including, but not limited to, the follow-
ing
(a) To determine the merits, necessity, nature or extent
of services to be performed, as well as the right to determine_
and implement its public function and responsibility, and the
mission of its constituent departments, commissions and boards .
(b ) To manage all facilities and operations of the city,
4 .
including the methods , means and personnel by which the city 's
operations are to be conducted.
I
(c) To schedule working hours , allot and assign work .
(d) To establish, modify or change work schedules or
standards .
i
(e) To direct the working forces, including the right to
tire, promote, demote, or transfer any employee .
(f) To determine the location of all plants and facilities .
(g) To determine the layout and the machinery, equipment
)r materials to be used .
(h) To determine processes, techniques , methods and means
)f all operations , including changes or adjustments of any . ..
iachinery or equipment .
(i) To determine the size and composition of the working
'orce .
(j ) To determine the policy and procedure affecting the
election or training of new employees . j
(k) To establish, assess and implement employee per-
ormance standards , including, but not limited to, quality and
uantity standards; the assessment of employee performances; and
ne procedures for said assessment .
(1) To control and determine the use of city 's property,
iterial, machinery and equipment .
(m) To schedule the operation of and to determine the
amber and duration of shifts .
(n) To determine measures to promote safety and to protect
�alth and property .
(o) To transfer work from one job to another or from one
ant or unit to another .
(p) To introduce new, improved or different methods of
erations, or to change existing methods .
(q) To relieve employees from duty for lack of work or
r other reasons deemed legitimate by management .
(r) To reprimand, suspend, discharge or otherwise discip-
ze employees for cause . The judgment of management shall
5 .
i
I
i
I
i
govern except for an abuse of discretion.
(s) To establish and determine job classifications .
(t) To contract or subcontract construction, services
maintenance, distribution or any other. work with outside pub-_
lic or private entities .
(u) To take such other and further action as may be nec-
essary to organize and operate the city in the most efficient
and economical mapner for the best interest of the public it
serves .
i
5-2 . CITY'S REPRESENTATIVE DESIGNATED . The City Council
hereby designates the Personnel Director as the city 's princi-
pal representative in all matters of employer-employee rela-
tions, with authority to meet and confer in good faith on
matters within the scope of representation . '
SECTION 6
i
i
EMPLOYEE ORGANIZATIONS
6-1. RECOGNITION OF . Recognition shall be granted to
employee organizations by the Personnel Director in accord-
ance with the following:
(1) Only one employee organization shall be granted rec-
ognition as the recognized employee organization, entitled to
meet and confer in good faith within the scope of representa-
tion, for employees in a unit deemed appropriate by the Per-
sonnel Director, with the exception of self-representing em-
ployees .
(2) The Personnel Director, at his option and sole dis-
cretion, shall determine which employee organization shall
represent all employees (except self-representing employees)
in the unit deemed appropriate by the Personnel Director,
in one or more of the following ways :
(a) The employee organization files with the
Personnel Director a verified petition for recog-
nition meeting the requirements of Section 6-2 of this
resolution.
(b ) The Personnel Director may arrange for a
secret ballot election to determine representation
rights within an appropriate unit .
(c ) Any other reasonable method which is based
6 .
upon written proof and•.is designed to ascertain the
will of a majority of all the employees in such ap-
propriate unit .
6-2 . PETITION FOR RECOGNITION. THE RIGHT TO MEET AND
CONFER IN GOOD. FAITH. An employee organization that seeks _
recognition for the purpose of meeting and conferring in
good faith as the representative of all the employees in an
appropriate unit shall file a petition with the Personnel
Director containing the following information and documen-
tation:
(1) Name and address of the employee organization.
(2) Names and titles of its officers .
(3 ) Names of employee organization representatives who
are authorized to speak on behalf of its members .
(4) A statement that the employee organization has, as
one of its primary purposes, representing employees in their
employment relations with the city .
(5) A statement whether the employee organization is a
chapter or local of, or affiliated directly or indirectly. in
any manner with, a regional or . state, or national or inter-
national organization and, if so, the name and address of
each such regional, state or international organization.
(6) Certified copies of the employee organization 's con-
stitution and bylaws .
(7) A designation of those persons , not exceeding two
(2) in number, and their addresses, to whom notice by regular
United States mail will be deemed sufficient notice on the em-
ployee organization for any purpose .
(8) A statement that the employee organization recog-
nizes that the provisions of Section 923 of the California
Labor Code are not applicable to city employees .
(9) A statement that the employee organization has no
restriction on membership based on race, color, creed, sex ,
age or national origin.
(10) The job classifications or titles of employees in
the unit claimed to be appropriate and the number of member
employees therein.
(11) A statement that the employee organization has in
its possession written proof, dated within six (6) months of
7 .
the date upon which the petition is filed, to establish that
a majority of the employees in the unit claimed to be appro-
priate , have designated the employee organization to repre-
sent all employees in such unit in their employment relations
with the city . Such written proof shall be submitted for
confirmation to the Personnel Director.
(12) A request that the Personnel Director recognize
the employee organization as the representative of all of
the employees in the unit claimed to be appropriate for the
purpose of meeting and conferring in good faith on all mat-
ters within the scope of representation.
6-3 . DURATION OF RECOGNITION . When an employee
organization has been recognized, such recognition shall re-
main in effect until such time as the recognized employee
organization is decertified or the appropriate unit repre-
sented by such recognized employee organization is modified,
as provided in Section 7 .
6-4 . RESTRICTION ON REPRESENTATION. No employee shall
be represented by more than one recognized employee organi-
zation.
6-5 . APPROPRIATENESS OF UNITS . The Personnel Di-
rector, after reviewing .the petition filed by an employee
organization seeking recognition, shall determine whether
the proposed unit is an appropriate unit . The principal
criterion in making this determination is whether there is
a community of interest among such employees . The following
factors , among others, are to be considered in making such
determination:
(1) Which unit will assure employees the fullest freedom
in the exercise of rights set forth under this resolution.
(2) The history of employee relations in the unit, among
other employees of the. city and in similar public employment .
(3) The effect of the unit on the efficient operation of
the city and sound employer-employee relations .
( 4) The extent to which employees have common skills ,
working conditions , job duties or similar educational require-
ments .
(5) The effect on the existing classification structure
of dividing a single classification among two or more units .
Provided, however, no unit shall be established solely
8.
� — on the basis of the extent to which employees in the proposed
unit have organized .
i
SECTION 7
DECERTIFICATION AND MODIFICATION
7-1 . DECERTIFICATION OF RECOGNIZED EMPLOYEE ORGANIZATIONS .
(a) A petition for decertification alleging that a recog-
nized employee organization is no longer entitled to represent
all of the employees in an appropriate unit may be filed with
the Personnel Director only during the months of October through
December of any year following the first full year of recogni-
tion (e . g. , for an employee organization granted recognition on
December 1 , 1970 , a petition for decertification could not be
filed until December 1 , 1971) . The petition for decertification
may be filed by an employee , a group of employees or their rep-
resentative , or an employee organization. The petition, in-
cluding all accompanying documents , shall be verified . It may
be accompanied by a petition for recognition by a challenging
organization . The petition for decertification shall contain
the following information :
(1) The name , address and telephone number of the
petitioner and a designated representative authorized to
receive notices or requests for further information .
(2) The name of the recognized employee organi-
zation.
(3) An allegation that the recognized employee
organization is no longer entitled to represent all
of the employees in the appropriate unit , and any
other relevant and material facts .
(4 ) Written proof that at least thirty percent (30%)
of the employees in the unit do not desire to be repre-
sented by the recognized employee organization . Such
written proof shall be dated within six (6) months of the
date upon which the petition is filed and shall be sub-
mitted for confirmation to the Personnel Director or to
a mutually agreed upon disinterested third party .
(b ) When the Personnel Director determines that there has
been compliance with the information requirements for the pe-
tition for recognition, he shall arrange for a secret ballot
election to determine if the recognized employee organization
shall retain its recognition .
(c ) Whenever less than thirty percent (30%) of the em-
9 .
ployees in an appropriate unit have authorized dues checkoff,
the Personnel Director may call a secret ballot election.
(d) The Personnel Director shall revoke the recog-
nition of a recognized employee organization which has been
found by secret ballot election is no longer entitled to rep-
resent all employees in an appropriate unit .
7-2 . MODIFICATION OF ESTABLISHED UNIT. A petition for
modification of an established unit may be filed by an em-
ployee organization with the Personnel Director during the
same period for filing a petition for decertification, and
petition for modification shall contain the following in-
formation:
(a) The name , address and telephone number of the pe-
titioner and a designated representative authorized to re-
ceive notices or requests for further information.
(b ) The name of the recognized employee organization
that currently represents the employees in the established
unit .
(c) An allegation that the established unit is no..-longer
appropriate and all relevant facts in support of such alle-
gation.
(d) Written proof that at least thirty percent ( 30%) of
the employees within the proposed modified unit have desig-
nated the petitioning employee organization to represent
them in their employment relations with the city .
The Personnel Director shall determine the appropriate
unit which may be the existing unit , the proposed-modified
unit , or some other appropriate unit .
After the Personnel Director determines the appropriate
unit arising out of the operation of this section, he shall
then follow the procedures set forth in Section 6-1 for deter-
mining recognition rights in such unit .
SECTION 8
MEMORANDUM OF AGREEMENT
8-1 . MEMORANDUM OF AGREEMENT. TERMS AND CONDITIONS . All
matters of employer-employee relations within the scope of rep-
resentation for all employees in any unit represented by a
recognized employee organization, or any individual employee
representing himself, shall remain the same from year to year
unless on or before March 1 of the calendar year 1972, and
10 .
March 1 of each calendar year thereafter, proposals in writ-
ing identifying the areas within the scope of representation
to be covered in negotiations are filed with the Personnel Di-
rector by such recognized employee organization, or such in-
dividual employee , or the City Council. For the calendar
year 1971 such proposals shall be filed on the effective date
of this resolution .
All memoranda of agreement approved by the Council shall
be effective on July 1 of each year unless other provision is
made, and the funding thereof shall be included in the city ' s
budget .
No increase or improvement of wages , hours or other terms
or conditions of employment within the scope of representation
shall be effective for employees represented by recognized
employee organizations except by means of- memoranda of agree-
ment signed by such recognized employee organizations and
the Personnel Director, and approved by the City Council .
8-2 . APPROVAL OF . If agreement is reached by and between
the Personnel Director and the recognized employee organization,
on matters within the scope of representation, they shall jointly
prepare a TAritten memorandum of agreement . Said agreement shall
not .be binding, nor of any force or effect , unless and .until
approved by the City Council.
In the event the Council does not approve said agreement ,
the Council shall refer such agreement back to the Personnel
Director to make an additional attempt to meet and confer in
good faith with the recognized employee organization to reach
agreement which will be acceptable to the City Council . Such
agreement, as changed and modified , shall not be binding, nor
of any force or effect , unless and until approved by the City
Council .
SECTION 9
IMPASSE
9-1 . IMPASSE MEETING. REQUEST FOR. If, after a rea-
sonable period of time , the Personnel Director and the rep-
resentatives of the recognized employee organization have
exhausted all possible means of reaching agreement , either
party may , by written communication to the other, request an
impasse meeting. Within ten (10 ) calendar days after re-
ceipt of the written request , there shall be an impasse
meeting between the parties to :
(1) Make one more attempt to reach agreement .
11.
intended to establish uniform and orderly methods of communi-
cation between the city and its employees .
SECTION 3
DEFINITIONS
As used in and for the purpose of this resolution, the
following terms shall have the meanings indicated:
3-1. BOARD shall mean the Personnel Board of the City of
Huntington Beach .
3-2. CITY shall mean the City of Huntington Beach .
3-3 • CITY COUNCIL shall mean the City Council of the City
of Huntington Beach .
3-4 . EMPLOYEE shall mean any person regularly employed
by the city except elected officials .
3-5 . EMPLOYEE, CONFIDENTIAL shall mean any employee who,
in the regular course of his duties , has access to, or possesses
information relating to decisions of city management affecting
employer-employee relations .
3-6 . EMPLOYEE, MANAGEMENT shall mean employees having
the responsibility for formulating and administering city
policies and programs including, but not limited to, depart-
ment heads, assistant department heads and such other manage-
ment personnel as may be designated by the Personnel Director.
3-7 . EMPLOYEE, PROFESSIONAL shall mean employees engaged
in work requiring specialized knowledge and skills attained
through completion of a recognized course of instruction, in-
cluding but not limited to, attorneys, physicians, nurses, en-
gineers, architects , librarians and various types of physical,
chemical and biological scientists .
3-8 . EMPLOYEE RELATIONS shall mean the relationship be-
tween the city and its employees and their employee organiza-
tions , or when used in a general sense, the relationship between
management and employees or employee organizations .
3-9 • EMPLOYEE, SUPERVISORY shall mean employees having
authority to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees, or
responsibly direct them, or to adjust their grievances ,' or ef-
fectively to recommend any of the foregoing actions, if, in
connection with the foregoing, the exercise of such authority
2 .
V
is not of a merely routine or :clerical nature, but requires the
use of independent judgment .
3-10 . IMPASSE shall mean a deadlock in the discussions be-
tween a recognized employee organization and the city over any
matter concerning which they are required to meet and confer in
good faith, or over the scope of such subject matter .
3-11 . 14EET AND CONFER IN GOOD FAITH shall mean the per- 1
formance by duly authorized city representatives and duly author-
ized representatives of a recognized employee organization of
their mutual obligation to meet at reasonable times and to
confer in good faith in order to exchange freely information,
opinions , and proposals , and to endeavor to reach agreement on
matters within the scope of representation. This does not com-
pel either party to agree to a proposal or to make a concession.
3-12 . PERSONNEL DIRECTOR shall mean the Personnel Direc-
tor of the City of Huntington Beach.
i
3-13 . RECOGNITION shall mean acknowledgment by the Per-
sonnel Director that an employee organization is the exclusive
representative of all the employees in an appropriate unit, as
determined by the Personnel Director, except employees in such
unit who have elected to represent themselves .
3-14 . RECOGNIZED EMPLOYEE ORGANIZATION shall mean an em-
ployee organization which has been granted recognition by the
Personnel Director as the employee organization which has the
right to meet and confer in good faith as the exclusive or-
ganizational representative of all members of an appropriate
unit except those members in such unit who elect to represent
themselves .
3-15 . SCOPE OF REPRESENTATION shall mean all matters re-
lating to employment conditions and employer-employee relations,
including, but not limited to, wages, hours and other terms
and conditions of employment . City rights , as defined in Sec-
tion 5 herein, are excluded from the scope of representation.
SECTION 4
EMPLOYEE RIGHTS
4-1 . RIGHTS ENUMERATED . Employees shall have the fol-
lowing rights :
(a) To form, join and participate in the activities of em-
ployee organizations of their own choosing for the purposes of
representation on all matters of employee relations .
3 .
i
(b ) To refrain from joining: or participating in the ac-
tivities of employee organizations .
(c ) To represent themselves individually at any time in
their employee relations .
(d) Professional employees have the right to be repre-
sented separately from nonprofessional employees by a pro- j
fessional employee organization consisting of such professional
employees .
4-2 . INTERFERENCE PROHIBITED . Neither the city, nor any
employee organization, nor any employee, shall interfere with,
intimidate, restrain, coerce, or discriminate against any em-
ployee or employees because of the rights guaranteed hereunder.
i,
4-3 . EXCEPTIONS . Management and confidential employees
who are members of employee organizations which represent
employees who are not management or confidential employees I ....
shall not represent such employee organizations on matters
within the scope of representation.
Supervisory employees who are members of employee organi-
zations which represent employees who are not supervisory em-
ployees shall not serve as representatives of such organiza-
tions in any stage of the grievance procedure .
Nothing herein shall be construed to give employees the
right to strike, and any employee who, directly or indirectly,
by any means whatsoever, encourages, causes or participates
in any strike, walkout, stoppage or retarding of work, or any
other interference with the conduct of the city 's operations,
shall be subject to discharge or other disciplinary action in
the sole discretion of the city .
SECTION 5
CITY RIGHTS
5-1. RIGHTS ENUMERATED. Except as otherwise specifically
provided in this resolution, or amendments or revisions thereto,
the city has and retains the sole and exclusive rights and func-
tions of *management , including, but not limited to, the follow-
ing
(a) To determine the merits, necessity, nature or extent
of services to be performed, as well as the right to determine_
and implement its public function and responsibility, and the
mission of its constituent departments, commissions and boards .
(b ) To manage all facilities and operations of the city,
4 .
including the methods , means and personnel by which the city ' s
operations are to be conducted.
I
(c) To schedule working hours , allot and assign work .
(d) To establish, modify or change work schedules or
standards .
i
(e) To direct the working forces, including the right to
lire, promote, demote, or transfer any employee .
(f) To determine the location of all plants and facilities .
(g) To determine the layout and the machinery, equipment
)r materials to be used .
(h) To determine processes , techniques , methods and means '
)f all operations , including changes or adjustments of any
iachinery or equipment .
(i) To determine the size and composition of the working
'orce .
(j ) To determine the policy and procedure affecting the
election or training of new employees . j
(k) To establish, assess and implement employee per- '
ormance standards , including, but not limited to, quality and
uantity standards; the assessment of employee performances; and
ne procedures for said assessment .
(1) To control and determine the use of city 's property,
iterial, machinery and equipment .
(m) To schedule the operation of and to determine the
amber and duration of shifts .
(n) To determine measures to promote safety and to protect
�alth and property .
(o) To transfer work from one job to another or from one
ant or unit to another .
(p) To introduce new, improved or different methods of
erations, or to change existing methods .
(q) To relieve employees from duty for lack of work or
r other reasons deemed legitimate by management .
(r) To reprimand, suspend, discharge or otherwise discip-
ne employees for cause . The judgment of management shall
5 .
i
I
govern except for an abuse of discretion .
(s) To establish and determine job classifications .
(t) To contract or subcontract construction, services,
maintenance, distribution or any other. work with outside pub-
lic or private entities .
(u) To take such other and further action as may be nec-
essary to organize and operate the city in the most efficient
and economical mapner for the best interest of the public it
serves .
i
5-2 . CITY' S REPRESENTATIVE DESIGNATED. The City Council
hereby designates the Personnel Director as the city 's princi-
pal representative in all matters of employer-employee rela-
tions, with authority to meet and confer in good faith on
matters within the scope of representation . '
SECTION 6 � .
f
EMPLOYEE ORGANIZATIONS
6-1. RECOGNITION OF . Recognition shall be granted to
employee organizations by the Personnel Director in accord-
ance with the following:
(1) Only one employee organization shall be granted rec-
ognition as the recognized employee organization, entitled to
meet and confer in good faith within the scope of representa-
tion, for employees in a unit deemed appropriate by the Per-
sonnel Director, with the exception of self-representing em-
ployees .
(2) The Personnel Director, at his option and sole dis-
cretion, shall determine which employee organization shall
represent all employees (except self-representing employees)
in the unit deemed appropriate by the Personnel Director,
in one or more of the following ways :
(a) The employee organization files with the
Personnel Director a verified petition for recog-
nition meeting the requirements of Section 6-2 of this
resolution.
(b) The Personnel Director may arrange for a
secret ballot election to determine representation
rights within an appropriate unit .
(c) Any other reasonable method which is based
6 .
upon written proof and-- is designed to ascertain the
will of a majority of all the employees in such ap-
propriate unit .
6-2 . PETITION FOR RECOGNITION. THE RIGHT TO MEET AND
CONFER IN GOOD FAITH. An employee. organization that .seeks
recognition for the purpose of meeting and conferring in
good faith as the representative of all the employees in an
appropriate unit shall file a petition with the Personnel
Director containing the following information and documen-
tation-
(1) Name and address of the employee organization.
(2) Names and titles of its officers .
(3 ) Names of employee organization representatives who
are authorized to speak on behalf of its members .
(4) A statement that the employee organization has, as
one of its primary purposes, representing employees in their
employment relations with the city .
(5) A statement whether the employee organization is a
chapter or local of, or affiliated directly or indirectly in
any manner with, a regional or . state, or national or inter-
national organization and, if so, the name and address of
each such regional, state or international organization .
(6) Certified copies of the employee organization 's con-
stitution and bylaws .
(7) A designation of those persons , not exceeding two
(2) in number, and their addresses, to whom notice by regular
United States mail will be deemed sufficient notice on the em-
ployee organization for any purpose .
(8 ) A statement that the employee organization recog-
nizes that the provisions of Section 923 of the California
Labor Code are not applicable to city employees .
(9) A statement that the employee organization has no
restriction on membership based on race, color, creed, sex ,
age or national origin.
(10) The job classifications or titles of employees in
the unit claimed to be appropriate and the number of member
employees therein.
(11) A statement that the employee organization has in
its possession written proof, dated within six (6) months of
7 .
the date upon which the petition is filed, to establish that
a majority of the employees in the unit claimed to be appro-
priate , have designated the employee organization to repre-
sent all employees in such unit in their employment relations
with the city . Such written proof shall be submitted .for
confirmation to the Personnel Director .
(12) A request that the Personnel Director recognize
the employee organization as the representative of all of
the employees in the unit claimed to be appropriate for the
purpose of meeting and conferring in good faith on all mat-
ters within the scope of representation.
6-3 . DURATION OF RECOGNITION. When an employee
organization has been recognized, such recognition shall re-
main in effect until such time as the recognized employee
organization is decertified or the appropriate unit repre-
sented by such recognized employee organization is modified,
as provided in Section 7 .
6-4 . RESTRICTION ON REPRESENTATION. No employee shall
be represented by more than one recognized employee organi-
zation.
6-5 . APPROPRIATENESS OF UNITS . The Personnel Di-
rector, after reviewing .the petition filed by an employee
organization seeking recognition, shall determine whether
the proposed unit is an appropriate unit . The principal
criterion in making this determination is whether there is
a community of interest among such employees . The following
factors , among others, are to be considered in making such
determination:
(1) Which unit will assure employees the fullest freedom
in the exercise of rights set forth under this resolution.
(2) The history of employee relations in the unit, among
other employees of the. city and in similar public employment .
(3) The effect of the unit on the efficient operation of
the city and sound employer-employee relations .
(4) The extent to which employees have common skills ,
working conditions , job duties or similar educational require-
ments .
(5) The effect on the existing classification structure
of dividing a single classification among two or more units .
Provided, however, no unit shall be established solely
8.
� — on the basis of the extent to which employees in the proposed
unit have organized .
i
SECTION 7
DECERTIFICATION AND MODIFICATION
7-1 . DECERTIFICATION OF RECOGNIZED EMPLOYEE ORGANIZATIONS .
(a) A petition for decertification alleging that a recog-
nized employee organization is no longer entitled to represent
all of the employees in an appropriate unit may be filed with
the Personnel Director only during the months of October through
December of any year following the first full year of recogni-
tion (e . g. , for an employee organization granted recognition on
December 1 , 1970 , a petition for decertification could not be
filed until December 1, 1971) . The petition for decertification
may be filed by an employee , a group of employees or their rep-
resentative , or an employee organization . The petition, in-
cluding all accompanying documents , shall be verified. It may
be accompanied by a petition for recognition by a challenging
organization . The petition for decertification shall contain
the following information :
( 1) The name , address and telephone number of the
petitioner and a designated representative authorized to
receive notices or requests for further information .
(2) The name of the recognized employee organi-
zation.
(3) An allegation that the recognized employee
organization is no longer entitled to represent all
of the employees in the appropriate unit , and any
other relevant and material facts .
( 4) Written proof that at least thirty percent (30%)
of the employees in the unit do not desire to be repre-
sented by the recognized employee organization. Such
written proof shall be dated within six (6) months of the
date upon which the petition is filed and shall be sub-
mitted for confirmation to the Personnel Director or to
a mutually agreed upon disinterested third party .
(b ) When the Personnel Director determines that there has
been compliance with the information requirements for the pe-
tition for recognition, he shall arrange for a secret ballot
election to determine if the recognized employee organization
shall retain its recognition .
(c ) Whenever less than thirty percent (30%) of the em-
9 •
ployees in an appropriate unit have authorized dues checkoff,
the Personnel Director may call a secret ballot election.
(d) The Personnel Director shall revoke the recog-
nition of a recognized employee organization which has been .
found by secret ballot election is no longer entitled to rep-
resent all employees in an appropriate unit .
7-2 . MODIFICATION OF ESTABLISHED UNIT. A petition for
modification of an established unit may be filed by an em-
ployee organization with the Personnel Director during the
same period for filing a petition for decertification, and
petition for modification shall contain the following in-
formation :
(a) The name , address and telephone number of the pe-
titioner and a designated representative authorized to re-
ceive notices or requests for further information.
(b ) The name of the recognized employee organization
that currently represents the employees in the established
unit .
(c) An allegation that the established unit is no..-longer
appropriate and all relevant facts in support of such alle-
gation.
(d) Written proof that at least thirty percent ( 30%) of
the employees within the proposed modified unit have desig-
nated the petitioning employee organization to represent
them in their employment relations with the city .
The Personnel Director shall determine the appropriate
unit which may be the existing unit , the proposed-modified
unit , or some other appropriate unit .
After the Personnel Director determines the appropriate
unit arising out of the operation of this section, he shall
then follow the procedures set forth in Section 6-1 for deter-
mining recognition rights in such unit .
SECTION 8
MEMORANDUM OF AGREEMENT
8-1. MEMORANDUM OF AGREEMENT. TERMS AND CONDITIONS . All
matters of employer-employee relations within the scope of rep-
resentation for all employees in any unit represented by a
recognized employee organization, or any individual employee
representing himself, shall remain the same from year to year
unless on or before March 1 of the calendar year 1972 , and
10 .
March 1 of each calendar year thereafter, proposals in writ-
ing identifying the areas within the scope of representation
to be covered in negotiations are filed with the Personnel Di-
rector by such recognized employee organization, or such in-
dividual employee , or the City Council. For the calendar
year 1971 such proposals shall be filed on the effective date
of this resolution .
All memoranda of agreement approved by the Council shall
be effective on July 1 of each year unless other provision is
made , and the funding thereof shall be included in the city ' s
budget .
No increase or improvement of wages , hours or other terms
or conditions of employment within the scope of representation
shall be effective for employees represented by recognized
employee organizations except by means of, memoranda of agree-
ment signed by such recognized employee organizations and
the Personnel Director, and approved by the City Council .
8-2 . APPROVAL OF . If agreement is reached by and between
the Personnel Director and the recognized employee organization,
on matters within the scope of representation, they shall jointly
prepare a Tgritten memorandum of agreement . Said agreement shall
not .be binding, nor of any force or effect , unless and .until
approved by the City Council .
In the event the Council does not approve said agreement ,
the Council shall refer such agreement back to the Personnel
Director to make an additional attempt to meet and confer in
good faith with the recognized employee organization to reach
agreement which will be acceptable to the City Council . Such
agreement , as changed and modified , shall not be binding, nor
of any force or effect , unless and until approved by the City
Council .
SECTION 9
IMPASSE
9-1 . IMPASSE MEETING. REQUEST FOR. If, after a rea-.
sonable period of time , the Personnel Director and the rep-
resentatives of the recognized employee organization have
exhausted all possible means of reaching agreement , either
party may , by written communication to the other, request an
impasse meeting. Within ten (10 ) calendar days after re-
ceipt of the written request , there shall be an impasse
meeting between the parties to :
(1) Make one more attempt to reach agreement .
11.
(2) Identify and reduce to writing the issue or issues
in conflict .
(3) Select by mutual consent , the type of impasse pro-
cedure to be used.
9-2 . IMPASSE PROCEDURES : TYPES OF. Any of the fol-
lowing procedures may be selected in order to resolve an im-
passe :
(a)•. Mediation (or Conciliation) . The mediator
shall make no public recommendations nor take any public
position concerning the issues . Mediation shall be con-
ducted under the rules of the California State Conciliation
Service .
(b ) Fact Finding. The Fact Finder shall report
his findings only to the parties involved and the Personnel
Board. Fact finding shall be conducted under the rules and
regulations of the American Arbitration Association .
(c) Advisory Arbitration . To be conducted under
the 'rules and regulations of the American Arbitration Asso-
ciation. The arbitrator's recommendations will be submitted
to both parties and the Personnel Board.
(d) Personnel Board Hearing. The impasse may
be referred to the Personnel Board for a hearing and recom-
mendation to the City Council .
When an impasse is resolved in accordance with the pro-
cedures set forth in this section, the memorandum of agree-
ment shall be modified accordingly , and such modified memo-
randum of agreement shall be submitted to the Personnel Board
for review and recommendation to the City Council . Said modi-
fied agreement shall not be binding, nor of any force or ef-
fect , unless and until approved by the City Council .
If no agreement can be reached on the impasse procedure
to be used pursuant to this section within ten (10 ) days after
the impasse meeting, such impasse will be automatically sub-
mitted to the Personnel Board at private session for deter-
mination, and such determination shall be final as between the
recognized employee organization and the Personnel Director .
The Personnel Director and the recognized employee organization
shall have the right to notice , attendance , opportunity to be
heard and present relevant evidence to the Board at such pri-
vate session. After reaching its determination which shall
not be subject to further review, the memorandum of agree-
ment shall be modified in accordance therewith, and such
12 .
memorandum of agreement , as modified, shall be transmitted,
together with a written report from the Personnel Board, to
the City Council for approval . Such memorandum of agreement,
as so modified, shall not be binding, nor of any force or
effect , unless and until approved by the City Council .
9-3 . PROCEDURES GENERALLY . The following provisions
shall apply to all impasse procedures :
(a) Costs , if any , of impasse procedure will be borne
equally by the parties .
(b ) All sessions under impasse procedure shall be pri-
vate .
(c) The result of any impasse procedure is subject to
approval of the City Council .
SECTION 10
EMPLOYEE ORGANIZATION RIGHTS
10-1 . REASONABLE TITS OFF TO MEET AND CONFER. The rec-
ognized employee organization may select not more than two
(2) employee members of such organization to attend scheduled
meetings .with the Personnel Director or other management of-
ficials on subjects within the scope of representation during
regular work hours without loss of compensation. Where cir-
cumstances warrant , the Personnel Director may approve the
attendance at such meetings of additional employee represen-
tatives without loss of compensation. The recognized em-
ployee organization shall submit the names of all such em-
ployee representatives to the Personnel Director at least
two (2 ) working days in advance of such meetings . Provided that :
(a) No employee representative shall leave his duty or
work station or assignment without specific approval of the
department head. or other authorized city management official .
(b ) Any such meeting is subject to scheduling by the
Personnel Director in a manner consistent with operating needs
and work schedules .
10-2 . ACCESS TO WORK LOCATIONS . Reasonable access to
employee work locations shall be granted representatives of
recognized employee organizations for the purpose of pro-
cessing grievances or contacting members of the organization
concerning business within the scope of representation. Such
officers or representatives shall not enter any work location
13 .
without the consent of the-. department head or his designated
representative . Access may be restricted so as not to inter-
fere with the normal operations of the department or with
established safety or security requirements .
Solicitation of membership and activities related to
management of an employee organization, such as collecting
dues , holding membership meetings , campaigning for office ,
conducting elections and distributing literature , will not
be permitted during working hours .
10-3 . BULLETIN BOARDS . Recognized employee organiza-
tions may use portions of city bulletin boards under the fol-
lowing conditions :
(a) All material must receive the approval of the de-
partment or division head in charge of the departmental bulle-
tin board.
(b ) All material must be dated and must identify the
organization that published it .
(c) The actual posting of material will be done by a
representative of the recognized employee organization after
approval by the department head . Unless special arrangements
are made , material posted will be removed thirty-one (31)
days after the posting date by a representative of the recog-
nized employee organization. Material which the department
head considers objectionable will not be posted, provided,
however, that his decision not to post such material has
first been discussed with the Personnel Director.
(d) The city reserves the right to determine where bulle-
tin boards shall be placed .and what portion of them are to be
allocated to the use of recognized employee organizations .
(e) A recognized employee organization which does not
abide by these rules may forfeit its right to post materials
on city bulletin boards .
10-4 . USE OF CITY FACILITIES . Recognized organizations ,
with the prior approval of the Personnel Director, may be per-
mitted to use city facilities , if available , during nonwork
hours to hold employee meetings . All such requests shall be
in writing and shall state the purpose or purposes of the
meeting. The city reserves the right to assess reasonable
charges for the use of any such facilities , and any damage
thereto .
14 .
10-5 . AVAILABILITY O'F INFORMATION. The city will make
available to recognized employee organizations such nonconfi-
dential information pertaining to employment relations as is
contained in the public records of the city , subject to the
limitations and conditions set forth in this section and
Sections 6250 through . 6260. of .the Government Code .
Recognized employee organizations will make available to
city such nonconfidential information pertaining to wages ,
hours and conditions of employment as the organization intends
to use in its,,
conferences with the city, subject to the con-
ditions and limitations set forth in this section.
Such information shall be made available during regular
office hours in accordance with the city ' s rules and regu-
lations for making public records available and after payment
of reasonable costs , if any .
Regularly-published data covering subjects under discussion
will be made available to recognized employee organizations and
the city . Data from a confidential source may , at the discretion
of the Personnel Director, be disseminated, provided that the
source of such data is not revealed .
Nothing in this section shall be construed as requiring the
dis.closure _of the following:
(a) Personnel , medical and similar files , the disclosure
of which would constitute an unwarranted invasion of personal
privacy or be contrary to the principles of the competitive
service .
(b ) Records which are not retained in the ordinary course
of business , or any information which it is clearly against
the public interest to reveal .
(c ) Records pertaining to pending litigation in which
the city is a party , or records of claims or appeals which have
not been settled.
Nothing in this section shall be construed as requiring
the city to perform research, or to program or assemble data
when such functions are not usually included in the services
performed by the city .
10-6 . DUES DEDUCTION . Only recognized employee organi-
zations shall be granted permission to have regular dueB de-
ducted from the pay checks of its members in accordance with
procedures prescribed by the Personnel Director.
Dues shall be deducted in even amounts only , and only
15 .
upon the voluntary , written authorization of the member. Dues
deduction authorization may be cancelled and such deduction
discontinued at any time by the member upon voluntary , written
notice to the Personnel Director. Such cancellation shall
become effective during the second payroll period following
receipt of such written noticee . Dues deduction .authorization
or cancellation shall be made on cards approved by the Per-
sonnel Director.
The employee 's earnings must be sufficient to cover stand-
ard payroll deductions as well as the amount assessed by the
recognized employee organization as dues . No dues shall be
withheld for any member of a recognized employee organization
during any period that such member is in a nonpay status . Mem-
bers of recognized employee organizations who are off the city ' s
payroll, and who desire to keep their membership in the recog-
nized employee organization current , may pay dues directly to
such recognized employee organization.
Dues withheld by the city shall be transmitted to the
officer designated in writing by the recognized employee organi-
zation as the officer authorized to receive such funds , at the
address specified.
All recognized employee organizations which receive dues
check-off shall indemnify and hold the City of Huntington Beach
harmless against any and all claims and against any suit insti-
tuted. against the City of Huntington Beach arising out of such
check-off of dues . In addition, upon presentation of supporting
evidence , all such recognized employee organizations shall re-
fund to the City of Huntington Beach any amounts paid to it in
error.
SECTION 11
PERSONS NOT IN UNITS
PERSONS NOT IN UNITS . Employees not included within an
appropriate unit and therefore not represented by a recognized
employee organization, and elected department heads shall have
their base salary ranges , fringe benefits and other terms and
conditions of employment , insofar as such do not conflict with
the city Charter, determined in accordance with the following
procedure :
(1) Not less than one (1) month prior to the time the
annual city budget is presented to the City Council for adop-
tion, the Personnel Director shall assemble relevant data and
information pertinent to the matters encompassed by this sec-
tion and shall discuss such data and information with the
16 .
person concerned 'who shall. -have the right to present to the
Personnel Director relevant data and .information which shall
be duly received and considered by the Personnel Director.
(2) The Personnel Director shall then present , in written
and oral form, such relevant data and information to the Per-
sonnel Board in private session with respect to which the per-
son concerned shall have the following rights : to prior notice ;
to attendance; to be heard and present relevant data and in-
formation. The Personnel Board shall make findings and con-
clusions based on all relevant data and information received
by it at such session, and shall prepare and transmit to the
City Council its written report , including such findings , con-
clusions and recommendations , prior to the time the annual
city budget is presented to the City Council for adoption.
(3) After duly considering the written report and recom-
mendations of the Personnel Board , the City Council shall, by
resolution, determine the matters with which this section is
concerned. In the event the City Council rejects the report
and recommendations of the Personnel Board , the Personnel
Director and the person concerned shall have the opportunity
to appear before and be heard by the City Council in private
session with respect to which the person concerned shall have
the same rights as enumerated in subsection (2) above of this
section, prior to the determination by the City Council of
such matters , and such determination shall be based on rele-
vant data and information.
(4 ) All salary and other adjustments made pursuant to
this section shall be effective as of July 1 of each year
unless other provision is made , and the funding thereof shall
be included in the city 's budget . -
( 5) The purpose of this section is to determine salary
and other adjustments for a position without regard to the
individual occupying such position .
SECTION 12
NOTICE
Except in cases of emergency , the city shall give reason-
able, written notice to each recognized employee organization
of any ordinance , rule , resolution or regulation directly re-
lating to matters within the scope of representation proposed
to be adopted by the city , and shall provide such recognized
employee organization the opportunity to meet with the city .
In cases of emergency when the city determines that an
17 .
ordinance , rule , resolution or regulation must be adopted im-
mediately without prior notice or meeting with recognized em-
ployee organizations , the city shall provide opportunity to
meet at the earliest practicable time following the adoption
of such ordinance , rule , resolution or regulation .
SECTION 13
PEACEFUL PERFORMANCE
Any employee organization which, directly or indirectly ,
by any means whatsoever, engages in, induces , condones or en-
courages any employee to engage in a strike , walkout , stoppage ,
or retarding of work, or any other interference with the con-
duct of the city 's operations , shall lose all rights hereunder,
including but not limited to, suspension or revocation of
recognition, cancellation of payroll deductions , prohibition
of access to work or duty stations and bulletin boards . How-
ever, no such rights shall be lost by any such employee organi-
zation without prior notice , public hearing, opportunity to be
heard and to present evidence to the City Council by such em-
ployee organization.
SECTION 14
GENERAL PROVISIONS
14-1 . CONDUCT OF ELECTIONS . Wherever a secret ballot
election is provided for by this resolution, such election
shall be conducted by the California State Conciliation
Service , and there shall be no more than one election in any
one unit in any twelve-month period.
In any election held pursuant to this resolution, the re-
sult of such election shall be determined by a majority of
all members in the unit eligible to vote in such election .
14-2 . STATUS OF RECOGNIZED EMPLOYEE ORGANIZATIONS . The
enactment of this resolution shall not alter or modify the
recognition of existing recognized employee organizations .
14-3 . SUBPOENAS . The City Clerk, upon the request of
the Personnel Director or any recognized employee organization,
shall be authorized to issue subpoenas to compel the attend-
ance of witnesses in any proceeding under this resolution.
14-4 . DECISION. APPEAL FROM. Any provision of this
resolution to the contrary notwithstanding, any decision of the
Personnel Director made pursuant to this resolution may be ap-
pealed to the Personnel Board by any employee organization or
18 .
self-representing employee-, adversely affected by such de-
termination, or by the City Council .
Any decision of the Personnel Board made pursuant to
this resolution may be appealed to the City Council by any
employee organization, or. self-representing employee , ad-
versely affected by such determination, or by the City
Council .
This section shall not apply to any determination made
by either the, Personnel Director or the Personnel Board in
connection with the impasse procedures pursuant to Section
9-.2 of this resolution .
Notice in writing by mail of all determinations of the
Personnel Director or the Personnel Board pursuant to this
resolution must be served upon the employee organization or
the self-representing employee concerned, and the City Council,
within five (5) days after such determination is made . No ap-
peal from any such determination may be made unless a written
notice of appeal is filed with the Personnel Board, in the
case of an appeal to the Personnel Board , or with the City
Council, in the case of an appeal to the City Council , within
ten (10 ) days following the date of service of notice of such
determination, as provided herein .
The date of mailing of such notice of determination, as
provided herein, shall be conclusively deemed the date of
service thereof.
SECTION 15
CONSTRUCTION
Nothing in this resolution shall be construed as deny-
ing the city or any person or employee the rights granted by
Federal and State laws , and city Charter provisions or ordi-
nances adopted pursuant thereto.
The rights , powers and authority of the City Council in
all matters , including the right to maintain any legal action,
shall not be modified or restricted by this resolution.
The provisions of this resolution are not intended to
conflict with the provisions of Chapter 10 , Division 4 , Title 1
of the Government Code of the State of California (Sections 3500
et seq . ) , and any amendments or revisions thereto .
19 .
SECTION 16
SEVERABILITY
If any section,. subsection, sentence , clause , phrase or
portion of this resolution, or any additions or amendments
thereto, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this reso-
lution or its,, application to other persons . The City Council
hereby declares that it would have adopted this resolution and
each section, subsection, sentence, clause , phrase or portion,
and any additions or amendments thereto, irrespective of the
fact that any one or more sections , . subsections , sentences ,
clauses , phrases or portions , or the application thereof to
any person, be declared invalid or unconstitutional .
SECTION 17
REPEAL
Resolution No. 2468 is hereby repealed, and all resolu-
tions in conflict herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 1st
day of June, 1971 .
Mayor
ATTEST:
o
(?,-"
City , erk
APPROVED AS TO FORM:
City Attorn
20 .
Res. No. 3335
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 1st
day of June , 19_Ll , by the following vote
AYES: Councilmen:
Bartlett , Gibbs , Matney, Coen, McCracken
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley, Green
City Clerk and x-officio Clerk
of the City Council of the City
of Huntington Beach, California