HomeMy WebLinkAbout2011-10-11 - RESOLUTIONS - PERSONNEL RULES AMEND (2)RESOLUTION 11-77
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING AND ADOPTING THE PERSONNEL RULES
PROVIDING FOR THE ESTABLISHMENT OF REGULATIONS
GOVERNING THE PERSONNEL SYSTEM
WHEREAS, Section 5 of the Personnel Ordinance of the City of Santa Clarita
requires the City Council to adopt and amend as necessary Personnel Rules; and
WHEREAS, Section 5 of the Personnel Ordinance of the City of Santa Clarita
requires that these rules establish regulations governing the personnel system;
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby
resolve as follows:
SECTION 1. The attached Personnel Rules are hereby adopted and amended.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
I
PASSED, APPROVED, AND ADOPTED this I Ith day of October 2011.
ATTEST:
CITYICLERK
DATE�
I
MAYOR
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA)
1, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the I I th day of October 2011, by the following vote:
AYES: COUNCILMEMBERS: Weste, Kellar, Ender, Ferry, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
W
CITY CLERK
I
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLAR-ITA
CERTIFICATION OF
CITY COUNCIL RESOLUTION
1, , City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Resolution 11-77 adopted by the City
Council of the City of Santa Clarita, California on October 11, 2011, which is now on file in my
o ffi c e.
Witness my hand and sea] of the City of Santa Clarita, California, this _ day of
2011.
ICity Clerk
M
Deputy City Clerk
I
City of Santa Clarita
UUMom"o-ot, Air 0, "kill"
Revised September 2011
I
I
TABLE OF CONTENTS
I
I
RULE 1.
DEFINITION OF TERMS ....................................................................................
RULE 11.
GENERAL PROVISIONS ....................................................................................
5
RULE 111.
NONDISCRIMINATION ......................................................................................
6
RULE IV.
CLASSIFICATION ...............................................................................................
7
RULE V.
APPLICATIONS AND APPLICANTS ................................................................
8
RULE VI.
SELECTION PROCESS AND RECRUITMENT ................................................
9
RULE VII.
EMPLOYMENT LISTS ......................................................................................
10
RULE VIII.
METHOD OF FILLING VACANCIES ..............................................................
10
RULE IX.
PROBATIONARY PERIOD ...............................................................................
I I
RULE X.
TRANSFER, DEMOTION, AND REINSTATEMENT .....................................
12
RULE XI.
DISCIPLINARY ACTION ..................................................................................
14
RULE XII.
DISCIPLINARY APPEAL PROCEDURES .......................................................
18
RULE XIII.
LAYOFF POLICY AND PROCEDURE ............................................................
20
RULE XIV.
SEPARATION FROM SERVICE .......................................................................
21
RULE XV.
RULE XVI.
ATTENDANCE AND LEAVES OF ABSENCE ... ** ........... *,** ... *** ........ * ... ****,,*,,
REPORTS AND RECORDS ...............................................................................
22
32
RULE XVII.
GRIEVANCE PROCEDURES ...........................................................................
33
RULE XVIII.
PERFORMANCE EVALUATION PROCEDURE ............................................
35
RULEXIX.
SALARY PLAN ..................................................................................................
36
RULE XX.
OUTSIDE EMPLOYMENT AND OTHER EMPLOYEE
OBLIGATIONS...................................................................................................
37
RULE XXI.
VIOLENCE FREE WORKPLACE .....................................................................
39
I
PERSONNEL RULES
CITY OF SANTA CLARITA
RULE 1. DEFINITION OF TERMS
SEC. 1. Allocation: The assignment of a single position to its proper class in accordance
with the duties performed, and the authority and responsibilities exercised.
SEC. 2. Appointing Authority: The officers of the City who have the final authority to
make the appointment to a position to be filled. The Director is the appointing
authority for all employees in his/her department. For Directors, the appointing
authority is the City Manager.
SEC, 3. At -Will Employee: An employee of the City who is not in the competitive
service, as defined herein. All at -will employment may be terminated by the City
or the employee at any time without notice and without cause.
SEC. 4. Class: All positions sufficiently similar in duties, authority, and responsibility, to
permit grouping under a common title in the application with equity of common
standards of selection, transfer, demotion, and salary.
SEC. 5, Competitive Service: All offices, positions, and employment in the service of the
City except the following:
A. Elective officers;
B. The City Manager, Assistant or Deputy City Managers, and Assistants to
the City Manager;
C. The City Attorney and any Assistant or Deputy City Attorneys;
D. Members of appointive boards, commissions, and committees;
E. All Directors and Division Managers;
F. Persons engaged under contract to supply expert, professional, technical,
or any other services;
G. Volunteer personnel;
H. All Council appointed officers;
1. Emergency employees who are hired to meet the immediate requirements
of any emergency condition, such as extraordinary fire, flood, or
earthquake which threatens life or property;
Employees, other than those listed elsewhere in this definition, who are
not regularly employed in regular positions. "Regularly employed in
�7
I
regular positions" means an employee hired for an indefinite term into a
budgeted position, who is regularly scheduled to work no less than 1,040
hours per year, and has successfully completed the probationary period
and has been retained as provided in the Personnel Ordinance and these
Personnel Rules; and
K. Any positions primarily funded under a state or federal employment
program.
SEC. 6. Date of Hire: The date an employee was first appointed to a regular position with
the City of Santa Clarita.
SEC. 7. Day or Days: Calendar days unless expressly stated otherwise.
SEC. 8. Dernotion: The movement of an employee from one class to another class having
a lower pay grade.
SEC. 9. Disciplinary Action: The written reprimand, reduction in pay, suspension,
demotion, or termination of a regular employee for corrective reasons.
SEC, 10, Domestic Partner: A person who has filed a Declaration of Domestic Partnership
with the California Secretary of State pursuant to Division 2.5 of the Family Code
and has been recognized as a registered domestic partner by the Secretary of
State.
SEC. 11. Eligible: A person whose name is on an employment list.
SEC. 12. Employee Organization: An organization that has been designated as the
exclusively recognized employee organization under Resolution No. 94-105.
SEC.' 13. Employment List: A list of names of persons who have completed either an open -
competitive recruitment or an internal recruitment for a class in the competitive
service and have bee ' n recommended to the hiring manager as finalists. The
employment list may remain active for up to 12 months.
SEC. 14, Exempt Employee: An employee who is not entitled to overtime compensation
under the provisions of the Fair Labor Standards Act.
SEC. 15. Full -Time Employee: An employee of the City whose normal work schedule is a
rninimurn of 40 hours in a week.
SEC. 16. Immediate Family: Unless otherwise specified, immediate family means: spouse;
natural, step, or legal children; parent, including parents-in-law; brother or sister,
including brother-in-law and sister-in-law; grandparents; grandchildren; State of
California registered domestic partners; and children of State of California
registered domestic partners.
ISEC. 17. Interim Appointment: See "Out -of -Class Appointment."
-2-
SEC. 18. Layo The separation of employees frorn the active work force due to lack of
work or funds, or to the elimination of positions by the City Council, or due to
organizational changes.
SEC. 19. Non -Exempt Employee: An employee who is entitled to overtime compensation
under the provisions of the Fair Labor Standards Act.
SEC. 20. Out -of -Class Appointment: A temporary appointment of a regular or
probationary employee to another classification.
SEC. 2 1. Paid Administrative Leave: The temporary assignment of an employee to a status
of leave with pay.
SEC. 22. Part -Time Employee: An employee of the City whose normal work schedule is
less than 40 hours in a week.
SEC. 23. Personnel Officer: The City Manager or his/her duly authorized representative.
SEC. 24. Personnel Ordinance: Ordinance No. I I -_ which establishes a personnel system
for the City.
SEC. 25. Position: A group of duties and responsibilities assigned or delegated by the City
Manager and City Council, the performance of which requires the full-time or
part-time employment of one person, or in the case of job -sharing, more than one
person. I
SEC. 26. Probationary Period: A period during which an employee is required to show
his/her fitness for the position to which the employee was appointed. The
probationary period is considered an integral part of the selection process. An
employee is not in the competitive service during his/her probationary period.
SEC. 27. Promotion: The movernent of an employee from one class to another class having
a higher pay grade.
SEC. 28. Provisional Appointment: An appointment of a non -regular employee who
possesses the minimum qualifications established for a particular class and who
has been appointed to a position in that class in the absence of available eligibles.
A provisional appointment may not be extended beyond six months without the
approval of the Personnel Officer.
SEC. 29. Recruitment:
A. Open -Competitive Recruitment: The recruitment for a particular class
open to all persons meeting the minimum qualifications for the class. The
selection process may include, but is not limited to the following: written
exam, technical knowledge assessment, competency assessment, and/or
oral interviews. I
-3-
B. Internal Recruitment: The recruitment for a particular class open only to
regular employees meeting the minirnurn qualifications for the class. The
selection process may include, but is not limited to, one or more of the
following: written exam, technical knowledge assessment, competency
assessment, and/or oral interviews.
C. Continuous Recruitment: An open competitive recruitment administered
periodically and as a result of which names are placed on an employment
list for a period of not more than 12 months.
SEC. 30. Regular Employee: An employee in the competitive service who has successfully
completed the probationary period, A regular employee may be part-time or full-
time.
SEC. 31. Reinstatement: The restoration of a former regular employee without engaging in
C,
the recruitment process to a classification in which the employee formerly served
as a regular employee.
SEC. 32. Seniority: The amount of time spent in paid status in a regular City position.
Seniority is accrued for full months (first day of a month through the last day of
the same month) of City service. Individuals serving in part-time positions shall
have their seniority calculated proportionately. Unless otherwise required by law,
an employee shall lose all seniority and seniority -related benefits upon his/her
termination of employment.
SEC. 33. Supervisory Employee: Any individual having the authority to hire, transfer,
suspend, layoff, recall, promote, terminate, assign, reward, or discipline other
employees, or the responsibility to direct them, or to adjust their grievances, or to
effectively recommend such action, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the use of independent judgment.
Not all supervisory employees will have the authority to engage in these actions,
and the exercise of these actions must be consistent with the authority granted
under these Rules or in the employee's job description.
SEC. 34. Suspension: The temporary separation from service of an employee without pay
. for disciplinary purposes.
SEC. 35. Temporary or Seasonal Employee: An employee who is appointed to a non -
regular position for a limited period of tirne. Temporary or seasonal employees
may not work more than 1,000 hours per fiscal year or for longer than six months
of continuous full-time employment without express prior approval of the
Personnel Officer. Temporary or seasonal employees are not part of the
competitive service. Temporary or seasonal employees who work, or are required
to work, in excess of 1,000 hours per fiscal year or for longer than six months of
continuous full-time employment upon express prior approval of the Personnel
Officer are eligible for CalPERS benefits. Temporary or seasonal employees are
not entitled to any other benefits and do not accrue any paid leave.
-4-
SEC. 36. Termination: The separation of an employee from City service.
SEC. 37. Transfer: A change of an employee from one position to another position with the
same pay grade.
SEC. 38. Y -Rate: A salary paid above the maximum established salary range for the
incumbent's classification. Y -rating may occur when a position is reclassified to
a lower pay grade or an employee is demoted from his/her class to a lower class.
An employee whose salary is Y -rated will retain his/her current rate of pay until
such time that the class has a higher maximum salary rate.
RULE 11. GENERAL PROVISIONS
SEC, 1. Purpose of the Personnel Rules: These Personnel Rules establish the policies and
procedures for the administration of the City's personnel system. Except as
otherwise provided, the Personnel Rules shall apply to those employees
occupying positions in classifications in the competitive service. The following
Personnel Rules shall also apply to employees who are not in the competitive
service:
A. Rule I — Definitions
B. Rule 11 — General Provisions
C. Rule III —Nondiscrimination
D. Rule XXII — Outside Employment and Other Employee Obligations
E. Rule XXIII — Violence Free Workplace
In no event shall Rules XII — Disciplinary Appeal Procedures, and XIII — Layoff
Policy and Procedure be construed to apply to individuals not in the competitive
service.
SEC. 2. Delegation of Authority: Except as otherwise provided, any duties,
responsibilities, powers, and authority granted by these Personnel Rules or the
Personnel Ordinance to the appointing authority, Personnel Officer, Directors, or
any other person may be delegated, in writing, to another employee at the
discretion of the delegating individual.
SEC. 3. Not an Employment Contract: None of these Personnel Rules shall be deemed to
create a vested contractual right for any employee.
SEC. 4. Amendment or Revision of the Personnel Rules: Amendments and revisions shall
become effective upon adoption by the City Council.
SEC. 5. Conflicts: In the event of a conflict between these Personnel Rules and an
Administrative Policy or a Department's policy or procedure, the Personnel Rules
-5-
shall control. In the event of a conflict between these Personnel Rules and a
Memorandum of Understanding, the Memorandum of Understanding shall
control.
SEC. 6. Changes to the Law: When any local, state, or federal ordinance, regulation, or
law that is incorporated in the Personnel Rules or upon which the Personnel Rules
rely is arnended, the Personnel Rules shall be deemed amended in conformance
with those amendments.
SEC. 7. Severabil.�y: If any section, subsection, sentence, clause, or phrase of the
Personnel Rules is found to be illegal by a court of coi-npetentjurisdictibn, such
findings shall not affect the validity of the remaining portions of the Personnel
Rules.
RULE 111. NONDISCRIMINATION
SEC. 1. Equal Employment Opportunity: It is the City's policy to ensure equal
employment opportunity for all persons seeking employment or promotion to
assure equal employment opportunity based upon ability and fitness to all persons
regardless of race, religion, color, creed, national origin, gender, sex, sexual
orientation, marital status, age, medical condition, mental or physical disability,
and/or any other category protected by federal and/or state law.
C)
SEC. 2. Disabled Applicants and Employees: The City has a commitment to ensure equal
opportunities for disabled applicants and City employees. Every reasonable effort
will be made to provide an accessible work environment for such employees and
applicants. Employment practices (e.g., hiring, training, testing, transfer,
promotion, compensation, benefits, and disciplinary action) will not discriminate
against disabled employees.
The City will engage in the interactive process, as defined by the Americans with
Disabilities Act ("ADA") and the Fair Employment and Housing Act ("FEHA"),
to determine whether an applicant or employee is able to perform his/her essential
functions. During this process, the City will examine possible reasonable
accommodations that will make it possible for the employee or applicant to so
perform. Such interactive process will include a meeting with the employee or
applicant, the City, and, if necessary, the employee or applicant's health care
provider.
Reasonable accommodation can include, but is not limited to, job restructuring or
reassignment to a vacant position for which the employee is qualified. Examples
of accornmodations that are considered unreasonable include, but are not limited
to prornotion, the creation of a new position, or the reassignment of essential
functions of the position,
While the City is engaged in the interactive process with an employee, the City
may require that the employee be placed on a fitness for duty leave in accordance
with Rule XV — Attendance and Leaves of Absence, Sectio.n 12.
-6-
SEC. 3. Prohibition AlZainst Unlawful Harassment, Discrimination, and Retaliation: City
policy prohibits Unlawful harassment and discrimination based on an employee's
race, religion, color, creed, national origin, sex, gender, sexual orientation, marital
status, age, mental or physical disability, and/or any other category protected by
federal and/or state law. In addition, City policy prohibits retaliation because of
the employee's opposition to a practice the employee reasonably believes to
constitute employment discrimination or harassment or because of the employee's
participation in an employment investigation, proceeding, or hearing. See the
City's policy against harassment, discrimination, and retaliation for additional
information.
RULE IV. CLASSIFICATION
SEC. 1. Preparation of Plan: The Personnel Officer, or a person or agency employed for
that purpose, shall ascertain and record the duties and responsibilities of all
positions in the competitive service and shall recommend a classification plan and
amendments thereto for such positions. The classification plan shall consist of a
separate position description, containing position title, general statement of duties,
typical tasks, and minimum qualifications for each class of position.
SEC. 2. Adoption, Amendment, and Revision of Plan: The classification plan shall be :�- --
adopted and/or amended by the City Manager. However, if salary will be affected
by the classification plan, then it shall be adopted and/or amended by the City
Council.
SEC. 3. Allocation of Positions: Following the adoption of the classification plan and
consultation with any recognized employee organization affected, the Personnel
Officer shall allocate every position in the competitive service to one of the
classes established by the plan.
SEC. 4. New Positions: A new position shall not be created and filled until the
classification plan has been amended to provide for such positions.
SEC. 5. Reclassification: Revision of position descriptions and reallocations within the
classification plan will be made from time to time. It shall be the responsibility of
the Personnel Officer to examine the nature of all positions and to allocate them to
existing or newly created classes. Position reclassification does not go through
the competitive recruitment and selection process.
Employees in a position classification that is upgraded or downgraded in salary to
reflect change in market conditions orjob duties being performed shall have a
new salary anniversary date, which shall be the date the employee's new salary
became effective. The employee's performance evaluation date also will be
adjusted to coincide with the new salary anniversary date. As a result of
reclassification, an employee's salary may be Y -rated. If an employee is in a
probationary period at the time of reclassification, he/she must complete the
previously established probationary period.
-7-
I
RULE V. APPLICATIONS AND APPLICANTS
SEC. -I. Announcement: All positions in the competitive service shall be publicized by
such methods as the Personnel Officer deems appropriate. The announcements
shall specify the title and pay range of the class; the nature of the work to be
performed; the experience and education requirements; the knowledge, skills, and
abilities desirable for the performance of the work; how to apply; the application
deadline date; that a post -offer, pre-employrnent physical examination is required,
which may include a drug test; and other relevant information.
SEC. 2. Application Forms: Applications Must be submitted using the appropriate form
and following the advertised application process. Application forms shall require
information covering education, work history, training, references, and other
pertinent information. All applications must be signed by the person applying.
SEC. 3. Disqualification: The Personnel Officer may reject any application which
indicates on its face that the applicant does not possess the minimum
qualifications required for the position, has failed to fully complete the application
or submit all required materials, or for any other valid reason as determined by the
Personnel Officer.
SEC. 4. Ineligibility for Employmen
A. Further examination or consideration for employment of any applicant
may be discontinued, and any temporary or probationary employment of
any person may be terminated, when any of the following has been
determined to the satisfaction of the Personnel Officer:
That the applicant has been convicted of a felony and such felony
conviction, in the opinion of the Personnel Officer, is contrary to
the qualifications for the functions and duties of the position for
which the employment application is made;
2. That the applicant has been convicted of a misdemeanor involving
moral turpitude, dishonesty, fraud, or deceit; or
That the applicant has lied on his/her application for employment
or the accompanying documentation.
SEC. 5. Background Investigations: The City, or a person or entity hired by the City, may
conduct a background investigation of any applicant for employment. Such a
background investigation may include, but is not limited to reference checks,
employment history, criminal history, and public records. When the City
conducts such an investigation, it will comply with all requirements of the federal
Fair Credit and Reporting Act and the California Investigative Consumer
Reporting Agencies Act, as well as all other applicable state and federal laws.
-8-
RULE V1. SELECTION PROCESS AND RECRUITMENT
SEC. 1. Selection Process: The selection process shall be impartial and relate to those
subjects which, in the opinion of the Personnel Officer, fairly measure the relative
capacities of the applicants to execute the duties and responsibilities of the class
to which they seek to be appointed. The selection process may include but is not
necessarily limited to achievement, aptitude, and other written tests, personal
interview, performance tests, physical agility tests, evaluation of daily work
performance, work samples, medical tests (including drug tests), successful
completion of prescribed training, or other selection techniques as determined by
the Personnel Officer. The probationary period shall be considered a portion of
the selection process. The selection process shall be designed to provide equal
opportunity to all candidates by being based on an analysis of the essential
requirements of the class, covering only factors related to such requirements.
The Personnel Officer shall ensure that reasonable accommodations are made in
the selection process for persons with disabilities under the ADA and/or FEHA.
All medical examinations (including drug tests) shall only be administered after
the conclusion of all other portions of the selection process, except the
probationary period, and after a conditional offer of employment has been made
by the City.
SEC. 2. Internal Recruitment: Internal recruitment may be conducted when, in the
opinion of the Personnel Officer, the needs of the City so requi�e. The selection
process for internal recruitment may include any of the techniques mentioned in
Section I of this Rule, or any combination of them. Only regular or probationary
employees who meet the requirements set forth in the internal job announcements
may compete.
SEC. 3. Continuous Recruitment: Open -competitive recruitments may be administered
periodically, as the needs require. Qualified applicants shall be placed on
employment lists and shall remain on such lists as prescri bed in Rule VIL
SEC. 4. Applicant Testing: The Personnel Officer may enter into a contract with any
competent agency or individual for the preparing and/or administering portions of
the selection process. If the Personnel Officer does not contract these duties to an
agency or individual, then the Personnel Officer shall ensure that such duties ar e
performed.
SEC. 5. Notification of Recruitment Results: Each candidate in the recruitment process
shall be given notice of the results. Except as stated above and as required by
law, recruitment results and recruitment files are considered confidential
documents and shall not be disclosed.
Ll
-9-
RULE V11. EMPLOYMENT LISTS
SEC. 1. Employment Lists: As soon as possible after the completion of a recruitment, the
Personnel Officer shall prepare and maintain an employment list consisting of the
names of candidates who qualified as finalists.
SEC. 2. Duration of Lists: Employment lists shall remain in effect for up to 12 months
unless the Personnel Officer abolishes the employment list after determining that
the abolition of the list is in the best interest of the City.
SEC. 3. Removal of Names from List: The name of any person appearing on an
employment list shall be removed by the Personnel Officer if the person requests
in writing that his/her name be removed or if the person fails to respond to a
notice of certification mailed to the last designated address. Persons on
employment lists as a result of an internal recruitment who leave the service of the
City for any reason shall automatically be dropped from such lists.
RULE V111. METHOD OF FILLING VACANCIES
SEC. 1. Types of Appointment: All vacancies in the competitive service shall be filled by
transfer, promotion, demotion, reemployment, reinstatement, or from an available
employment list by the Personnel Officer. In the absence of persons eligible for
appointments as specified above, provisional appointments may be made in
accordance with these Personnel Rules.
SEC. 2. Notice to Personnel Officer: If a vacancy in the competitive service is to be filled,
the appointing authority shall notify the Personnel Officer. If there is no
reemployment list available for the class, the appointing authority shall have the
right to decide whether to fill the vacancy by reinstatement, transfer, demotion, or
appointment from an employment list. The appointing authority may select the
method he/she believes is in the best interests of the City and the Department for
filling the vacancy.
SEC. 3. Certification of Eligibles: If the appointing authority does not consider it in tile
City's best interest to fill the vacancy by reinstatement, transfer, or demotion, or if
it is not possible to fill the vacancy by reemployment, certification shall be made
frorn an appropriate employment list, provided eligibles are available. When the
appointing authority requests a vacancy be filled by appointment from an
employment list, the Hurnan Resources Division shall confirm the existence of an
active employment list and provide that information to the appointing authority.
SEC. 4. Appointment: After an interview and background investigation, the appointing
authority shall make a job offer to a certified candidate and immediately notify
the Personnel Officer of the appointment. The person accepting the job offer shall
report to the Personnel Officer, or the Personnel Officer's designated
representative, on or before the date of appointment to complete the hire process.
If the applicant accepts the job offer and reports for employment oil the date and
time agreed, the applicant shall be deerned to be appointed. Failure of an
-10-
applicant to report to work shall be deemed that the applicant has declined the
appointment.
SEC. 5. Provisional Appointment: In the absence of there being names of individuals
willing to accept appointment from appropriate employment lists, a provisional
appointment may be made by the appointing authority of a non-employee meeting
the minimum training and experience qualifications for the position. A
provisional employee may be removed at any time without the right of appeal or
hearing. No provisional appointment shall exceed six months, without the
approval of the Personnel Officer.
A provisional -appointee shall accrue the same benefits as probationary
employees. If a provisional appointee is selected for a full-time position with the
City, the time served as a provisional appointee shall not be counted as time
toward the fulfillment of the required probationary period or toward City service
including the eligibility and accrual for benefits. The time in the provisional
appointment will count toward PERS service time, provided that the time spent in.
the provisional appointment qualifies under PERS rules and regulations.
No special credit shall be allowed in meeting any qualifications or in the giving of
any test or the establishment of any open -competitive promotional lists, for
service rendered under a provisional appointment.
RULE IX PROBATIONARY PERIOD
SEC. 1. Regular Appointment Following Probationary Period:
A. All regular and promotional full-time appointments within the competitive
service shall be subject to a probationary period of not less than one year
actual service. However, the appointing authority may extend an
employee's probationary period for up to six months.
B. All regular and promotional part-time appointments shall be subject to a
probationary period of not less than 2,080 hours of non -overtime work
performed. However, the appointing authority may extend an employee's
probationary period for up to 1,040 hours.
Prior to the end of the probationary period, the appointing authority shall notify
the Personnel Officer whether the probationary employee has performed
satisfactorily and whether the retention of such employee in the service is desired.
This notification shall be made in conjunction with the completion of the
probationary employee's performance evaluation, as set forth in Section 2.A of
Rule XVIII, Performance Evaluation Procedure. If retention is not desired, the
probationer will be rejected in accordance with Section 4 of this Rule.
SEC. 2. Obiective of Probationary Period: The probationary period shall be regarded as a
part of the selection process and shall be used for closely observing the
employee's work, to determine if he/she can successfully perform the assigned
I
duties of his/her position and adhere to City rules and policies, and for helping to
ensure the employee effectively adjusts to his/her position.
SEC. 3. Extension of Probationary Period while on a Leave of Absence: An employee's
probationary period shall be extended when the employee takes one or more
leaves of absence that total more than 14 days. The employee's probationary
period shall be extended by the same period of time that the employee was absent.
SEC. 4. Reiection of Probationer: During the probationary period, an employee may be
rejected at any time by the appointing authority without cause and without the
right of appeal. Notification of rejection by the appointing authority shall be
served on the probationer and shall occur prior to the end of the probationary
period.
SEC. 5. Reiection Following Promotion, Reassignment. or Transfer: Any employee in
good standing who is rejected during or at the conclusion of the probationary
period following a promotional appointment, reassignment, or transfer, shall be
reinstated to the position from which he/she was appointed if it is vacant. If there
is no such vacancy, the employee may request to be placed on a reemployment
list. Employees who have charges filed against them as outlined in Rule XI,
Disciplinary Action, may be considered in bad standing and may be terminated
and have no right to be reinstated or placed on a reemployment list.
RULE X. TRANSFER, DEMOTION, AND REINSTATEME NT
SEC, 1. Transfer: No person shall be transferred to a position for which that person does
not possess the minimum qualifications. Upon notice to the Personnel Officer, an
employee may be transferred by the Director at any time from one position to
another position in a comparable class. For transfer purposes, a comparable class
is one with the same pay grade, involves the performance of similar duties and
requires substantially the same basic qualifications. If the transfer involves a
change from one department to another, both Directors must consent unless the
Personnel Officer orders the transfer. Transfer shall not be used to accomplish a
promotion or dernotion each of which may be accomplished only as provided in
the Personnel Ordinance or the Personnel Rules. An employee who transfers to a
position in a different classification and in which they have not previously
completed a probationary period, may be required to serve a probationary period
in his/her new position, as determined by the Director in consultation with the
Personnel Officer and with final approval of the Personnel Officer.
SEC. 2. Involuntary Demotion: The Director may demote an employee whose ability to
perform the required duties falls to an unacceptable level and/or for disciplinary
purposes. An employee only shall be demoted to a position for which he/she
possesses the minimum qualifications. A disciplinary demotion shall be in
accordance with Rule XI, Disciplinary Action. An involuntarily dernoted
employee may receive a reduction in pay commensurate with the involuntary
demotion as determined by the Director in consultation with and final approval of
-12-
the Personnel Officer. An involuntarily demoted employee may also be required
to serve a probationary period in his/her new position, as determined by the
Director in consultation with and final approval of the Personnel Officer. I
SEC. 3. Voluntary Dernotion: Upon written request of an employee and with the approval
of the Director, an employee may voluntarily demote to a classification with a
lower pay grade and for which he/she is qualified. A voluntarily demoted
employee may be assigned a reduction in pay commensurate with the voluntary
demotion as determined by the Director in consultation with the Personnel Officer
and with the final approval of the Personnel Officer. A voluntarily demoted
employee may also be required to serve a probationary period in his/her new
position, as determined by the Director in consultation with the Personnel Officer
and with final approval d the Personnel Officer.
SEC. 4. Reinstatement: With the approval of die Personnel Officer, a regular employee or
probationary employee who has completed at least six months of probationary
service and who has resigned with a good record may be reinstated within one
year of the effective date of resignation to a vacant position in the same or
comparable class. For purposes of reinstatement, "good record" shall mean that
the employee was not terminated for cause under these Personnel Rules, did not
resign in lieu of termination, provided the required amount of notice of
resignation, and was evaluated at least as "successful/fully meets job standards"
or an equivalent rating on his/her last performance evaluation. Upon
reinstatement, the employee shall be subject to the probationary period prescribed
for the class. No credit for former employment shall be granted in computing
salary, vacation, sick leave, city -provided retirement benefits, or other benefits
except on the specific written direction of the Personnel Officer at the time of
reinstatement.
SEC. 5. Out -of -Class Assignment: With the approval of the Personnel Officer, regular or
probationary employees may be assigned to a higher level classification in the
case of unusual extended leaves and/or vacancies of 15 consecutive calendar days
or more as a professional growth and developmental opportunity. The employee
must meet the minimum qualifications to hold the higher position in order to
Z:)
qualify for an out -of -class assignment. The assignment must last for a minimum
of 15 consecutive calendar days to a maximum of six consecutive months. The
Personnel Officer may approve extending the length of an Out -of -Class
Assignment. All requests for an Out -of -Class Assignment must be presented to
the Personnel Officer by the Director in advance and be approved by the
Personnel Officer in advance.
Employees appointed to an Out -of -Class Assignment will be compensated, at the
Personnel Officer's discretion, at not less than a 5% increase over their current
salary, to a maximum of "E" step of the higher level classification. Benefit levels
will remain unchanged for the duration of the Out -of -Class Assignment.
Compensation changes will be effective with the first day of the Out -of -Class
Assignment and continue through the end of the assignment.
-13-
IRULE XI. DISCIPLINARY ACTION
SEC. 1. Types of Disciplinary Action: Disciplinary action consists of written reprimands,
termination, involuntary dernotion, suspension, transfer because of misconduct, or
reduction in salary. While the City maintains a progressive disciplinary system,
the City may impose discipline at any level that is appropriate for the employee's
action up to and including termination. The following are not disciplinary actions
and are not subject to the provisions of this Rule:
A. Deferred merit salary increases;
B. Negative perfon-nance evaluations;
C. Demotion or termination due to layoff,
D. Verbal counseling; and
E. Transfer to another position without a loss of pay.
SEC. 2. Reasons for Disciplinary Action: Discipline of non -probationary regular
employees in the competitive service will not be imposed except upon a showing
of good cause which may include but shall not be limited to the following:
A. Violation of City Personnel Rules, ordinances, and/or administrative
policies and procedures;
B. Failure to properly perform assigned duties;
C. Theft, failure to properly care for, or causing harm to City property or the
property of another;
D. Insubordination;
E. Dishonesty;
F. Falsification of records, including information provided on an application
for employment;
G. Conviction of a felony, or conviction of a misdemeanor relating to the
employee's fitness to perform assigned duties;
H. Assault, battery, or fighting while on duty or under the appearance of
office;
1. Acceptance of bribes or extortion;
-14-
SEC. 3.
J. Unauthorized absence from employment, leaving the job without
authorization, or excessive absenteeism;
K. Tardiness;
L. Abuse of or inappropriate use of paid leaves;
M. Discourteous treatment of or failure to maintain satisfactory working
relationships with employees, contractors, or the public;
N. Reporting for work, or being at work, under the influence of or in
possession of alcohol or non -prescribed controlled substances;
0. Gambling on City property or during working hours;
P. Unauthorized or improper use of City property or funds, unauthorized
access, unauthorized disclosure, and/or misuse of proprietary or
confidential City information;
Acceptance of any gift, reward, or other form of compensation in addition
to regular compensation for performance of official duties other than as., --
provided for by written City policy or state laws;
R. Laziness, carelessness, or negligence;
S. Sleeping on the job;
T. Failure to maintain any employment qualification;
U. Fail.ure to comply with safety standards;
V. Interfering with the work performance of others; and/or
W. Other failure of good behavior either during or outside. of employment
such that the employee's conduct causes discredit to the City.
Disciplining Authority:
A. Directors and/or Division Managers shall have the authority to impose
discipline up to a suspension of four working days. When a Director or
Division Manager imposes discipline of a severity equal to or lesser than
four working days, the Director or Division Manager is not required to
adhere to Sections 5 or 6 of this Rule, and the employee shall have no
right of appeal under Rule XII, Disciplinary Appeal Procedures.
B. Directors shall have the responsibility to institute disciplinary action, to
schedule and conduct any predisciplinary conference, and to make
recommendations to the Personnel Officer regarding the imposition of
disciplinary action of a severity equivalent to a suspension of five working
-15-
r
I
days or more. If the Personnel Officer concurs with the.Director's
recommendation of discipline, either the Personnel Officer or the Director
shall have the authority to impose such discipline.
SEC. 4. Delegation of Authority: If a Director, Division Manager, or the Personnel
Officer delegates his/her authority in accordance with Section 2 of Rule 11 of
these Personnel Rules, he/she must commit the delegation to writing. Further, if
an individual is unable to delegate his/her authority due to absence, incapacity, or
other reason, the Human Resources Manager has the authority to act in that
individual's capacity without a written delegation of authority.
SEC. 5. Notice of Intent: Prior to recommending the imposition of any disciplinary action
of a severity equal to a suspension of five working days or more, the Director
shall issue a Notice of Intent to the employee setting forth the nature of the
proposed discipi * inary action and any specific charges against the employee. The
Notice of Intent shall also inform the employee of his/her right to receive copies
of the written documents and materials upon which the proposed disciplinary
action is based and of his/her right to respond either verbally or in writing within
five working days from the date of the issuance of the Notice of Intent. A copy of
the Notice of Intent, and any written response by the employee, shall be placed in..._
the employee's personnel file. - .1
SEC. 6. Predisciplinary Conference: An employee may request, or the Director may
require, that the employee meet with the Director prior to the imposition of
discipline. The predisciplinary meeting must occur within five working days
from the date of issuance of the Notice of Intent, unless the City and the employee
mutually agree to extend the time to respond to the Notice of Intent. If an
employee, who is represented by an Employee Organization, requests or is
required to meet with a Director and such meeting involves the possible
imposition of disciplinary action against the employee, the employee, upon
request, shall be entitled to have a representative from the Employee Organization
present at such meeting.
SEC. 7. Notice of Imposition of Discipline: Within five working days after the later of tile
employee's verbal or written response, the date of the predisciplinary meeting, or
the expiration of the employee's time to respond to the Notice of Intent, the
Director shall take one of the following actions: (1) dismiss the Notice of Intent
and take no disciplinary action against the employee; (2) modify the intended
disciplinary notice; or (3) prepare and serve upon the employee a Notice of
Imposition of Discipline. The Notice of Imposition of Discipline shall include tile
following:
A. The disciplinary action taken;
B. The effective date of the disciplinary action taken;
C. Specific charges upon which the action is based;
-16-
D. A summary of the facts upon which the charges are based; and
E. The employee's right to appeal. I
SEC. 8. Untimeliness: An employee's failure at any step of the process described above
to respond to a disciplinary action within specified time limits shall be deemed
acceptance of the decision rendered and a waiver of any further appeal steps.
SEC. 9. Paid Administrative Leave: An employee may be placed on a Paid
Administrative Leave to allow the City time to fully investigate the facts of an
alleged violation, while the disciplinary action is in process, or when the
Personnel Officer determines that it is in the best interest of the City. The
employee shall be considered to be on duty at his/her own home. The employee
must be available by telephone during his/her normal working hours. The
employee may leave his/her home, so long as the employee is available by
telephone, and available to report to work within a reasonable time following a
request by the City. When an employee is placed on Paid Administrative Leave
during this investigation, he/she shall not discuss the alleged violation or the
disciplinary action with anyone, except a representative of his/her choice, Failure
to rernain reachable by telephone shall be considered insubordination and could
result in additional disciplinary action. The employee shall be informed that
communicating with others, except a representative of his/her choice, about a
pending investigation constitutes insubordination and is a separate and
independent ground for discipline. This section is not intended to prevent the
employee from communicating with his/her legal counsel or with his/her union
representative.
RULE X11. DISCIPLINARY APPEAL PROCEDURES
SEC. 1. Requests for Disciplinary Hearings: Employees shall have the right to appeal the
imposition of disciplinary action of a severity equal to a suspension of five
working days or more. When an employee requests a disciplinary hearing, the
request shall be in writing, signed by the employee and presented to the City
Manager within 10 working days after the date of the Notice of Imposition of
Discipline if personally served and 15 working days if served by mail. Any such
requests shall be addressed to the City Manager and shall identify the subject
matter of the appeal, the grounds for the appeal, and the relief desired by the
employee. All disciplinary hearings shall be conducted in private unless the
employee requests a public hearing in writing.
If the employee fails to r - equest a disciplinary hearing within the prescribed time
and manner, the employee shall have waived the right to a hearing and all rights
to further appeal of the disciplinary action.
SEC. 2. Scheduling of Disciplinary Hearing: The City Manager shall schedule any
disciplinary hearing within a reasonable time after the filing of the employee's
-17-
request, considering the availability of a Hearing Officer and the availability of
the employee and witnesses.
SEC. 3. Hearing Officer: The City Manager shall be the Hearing Officer for disciplinary
hearings or the City Manager may designate a third party as the Hearing Officer
for any disciplinary hearing.
SEC. 4. Representation at Disciplinary Hearing: At the disciplinary hearing, the employee
may appear personally and may be represented by counsel or other representative.
SEC. 5. Employee's Appearance at Disciplinary Hearing: An employee who requests an
appeal of discipline imposed under Rule XI, Disciplinary Action, must be present
during his/her appeal hearing. Failure of the employee to be present shall
constitute a waiver of the employee's right to an appeal. Waiver will not occur if
the employee can dernonstrate good cause for his/her failure to be present within
three working days from the date the employee fails to appear.
SEC. 6. Subpoenas for Witnesses and Documents: The Hearing Officer shall have the
authority to issue subpoenas, to compel the attendance of witnesses, and to require
the production of documents.
SEC, 7. Conduct of Disciplinary Hearing: The proceedings before the Hearing Officer'
shall be conducted as follows:
A. All interested parties shall have the following rights:
I . To call and examine witnesses;
2. To introduce exhibits;
To cross-examine opposing witnesses on any matter relevant to the
issue, even if the matter is not covered in the direct examination;
To impeach any witness regardless of which party first called
him/her to testify;
To rebut the evidence against them; and
To present oral and written argurnents.
B. The City shall have the burden of proof, and the burden shall be by the
preponderance of the evidence.
C. The hearing need not be conducted in accordance with the. technical rules
relating to evidence and witnesses, but shall be conducted in a manner
most conducive to the determination of the truth. Any relevant evidence
may be admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless of the
18-
existence of any cornmon law or statutory rules which might make
improper admission of such evidence over ob ' jection in a court of law.
Decisions rnade by the Hearing Officer shall not be invalidated by any
informality in the proceedings.
D. The Hearing Officer shall not take testimony from one party outside the
presence of the other.
E. Hearsay evidence may be used for the purpose of explaining any direct
evidence, but shall not be sufficient to support a finding, unless it would
be admissible over objections in civil actions.
F. The rules of privilege shall be effective to the same extent that they are
now or hereafter may be recognized in civil actions.
G. The Hearing Officer shall determine the relevancy, weight, and credibility
of testimony and evidence.
H. Irrelevant evidence and unduly repetitious evidence shall be excluded.
1. The Hearing Officer shall have the power to exclude any witnesses.
a
SEC. 8. Heariniz Officer's Decision: The Hearing Officer shall base his/her findings on
the preponderance of the evidence. Within 30 days after the disciplinary hearing,
the Hearing Officer shall issue a written decision containing findings of fact and
conclusions of law. The Hearing officer shall have the authority to affirm,
revoke, or reduce the disciplinary action imposed against the employee. The
Hearing Officer may not provide for discipline more stringent than that imposed
by the City. The Hearing Officer's decision constitutes a final resolution of any
disciplinary action and no further appeal shall be pen-nitted within the City's
administrative process. A copy of the Hearing Officer's decision shall be
provided to the charged employee, and may be placed in the employee's
personnel file. �
Notwithstanding the above, the Hearing Officer shall not have binding authority
to add, modify, or subtract from applicable Memoranda of Understanding, the
Personnel Rules, or any resolutions, ordinances, or policies adopted by the City.
Further, the Hearing Officer shall not have the authority or power to render a
binding decision that requires the City to expend additional funds, to hire
additional personnel, to buy additional equipment or supplies, or to pay wages or
benefits not specifically provided for in applicable Memoranda of Understanding,
the Personnel Rules, or any resolutions, ordinances, or policies adopted by the
City. The Hearing Officer shall not have the authority to require the City to
perform any other action that would violate state or federal laws. �
SEC. 9. Cost Allocation: If an outside Hearing Officer presides over the appeal, the
Hearing Officer's fees shall be borne entirely by the City.
-19-
RULE X111. LAYOFF POLICY AND PROCEDURE
SEC. 1. Statement of Intent: Whenever, in the judgment of the City Council, it becomes
necessary to abolish any position or employment, the employee holding such
position or employment, may be laid off or demoted without disciplinary action
and without the right of appeal.
SEC. 2. Notification: Employees to be laid off shall be given, whenever possible, at least
14 days prior notice.
SEC. 3. Vacancy and Demotion: Except as otherwise provided, whenever there is layoff,
the Director shall first demote employees who are scheduled to be laid off to an
existing and open position in a class with a lower pay grade for which the
employee is qualified. All persons so demoted shall have their names placed on
the reemployment list for the classification from which they were laid off.
SEC. 4. Order of Layo : In each class of position, employees shall be laid off according
to employment status in the following order: temporary, provisional,
probationary, and regular. Temporary, provisional, and probationary employees -
shall be laid off according to the needs of the service as determined by the
Director. In cases where there are two or more regular employees in the class
from which the layoff is to be made, such employees shall be laid off inverse
order of seniority in City service, so that the employee with the least amount of
seniority will be laid off first. For purposes of calculating seniority for this
Section 4, all continuous service of the employee in a probationary or regular
position shall be counted. However, if an employee has had a break in service,
the time spent in service of the City prior to that break in service shall not be
included in the calculation of seniority. Further, except as otherwise required by
law, the calculation of seniority will not include any time spent on an unpaid
leave of absence.
SEC. 5. Employee Bumping RighLs:
A. A laid off employee shall have the right to displace an employee in the
same department who has less seniority in a class with a lower pay grade
in the same class series or in a classification with a lower pay grade in
which the affected employee once had regular status. For the purpose of
this Section and Section 6, seniority includes all periods of full-time
service at or above the classification pay grade where layoff is to occur.
B. In order to retreat to a former classification or a classification with a lower
pay grade, an employee must have more seniority than at least one of the
incumbents in the retreat class and request displacement action in writing
to the Personnel Officer within five working days of receipt of notice of
layoff.
C. Employees retreating to a lower or similar class shall be placed at the
I salary step representing the least loss of pay. In no case shall the salary be
-20-
increased above that received in the class frorn which the employee was
laid off nor will the salary exceed the maximum salary range for the new
position. Employees,retreating to a lower or similar class shall serve a
probationary period in the new class unless they have previously
successfully completed a probationary period in the class or a class in the
class series.
SEC. 6. Reemployment List: The names of persons laid off or demoted in accordance
with these Personnel Rules shall be entered upon a reemployment list. Lists from
different departments or at different times for the same class of position shall be
combined into a single list. Such list shall be used by every Director when a
vacancy arises in the same or lower class of position before certification is made
from an eligible list or starting a recruitment.
SEC. 7. Duration of Reemployment List: Names of persons laid off shall be carried on a
reemployment list for one year, except that persons appointed to regular positions
of the same level as that which laid off, shall, upon such appointment, be dropped
from the list. Persons who refuse reemployment shall be dropped from the list.
Persons reemployed in a lower class, or on a temporary basis, shall be continued
on the list for the higher position for one year.
RULE XIV. SEPARATION FROM SERVICE
SEC. 1. Termination: An employee in the competitive service may be terminated for
cause at any time by the Director. Whenever it is the intention of the Director to
terminate an employee in the competitive service, the Personnel Officer shall be
notified prior to the termination. Disciplinary termination action shall be taken in
accordance with Rules XI, Disciplinary Action, and Rule XII, Disciplinary
Appeal Procedures. At -will employees and employees who are not in the
competitive service, may be terminated at any time without cause, without notice,
and without.the right to appeal said termination.
SEC. 2. Resignation: Any employee electing to leave the competitive service in good
standing shall file with the Director a written resignation stating the effective date
and reasons for leaving at least 14 days before leaving the service, unless such
time limit is waived by the Director or the Personnel Officer. Failure to give
notice, as required by this Rule, shall be cause for denying future employment by
the City.
SEC. 3. Retirement:
A. Service Retirement: An employee may voluntary terminate his/her
employment with the City after having satisfied the age and length of
employment requirements of the Public Employees Retirement Systern
("PERS") procedures for applying for retirement benefits.
B. Disability Retirement: An employee may terminate his/her employment
in accordance with PERS standards and procedures when it is necessitated
-21-
by an injury or illness that renders the employee incapable of performing
his/her essential functions, as defined in the class specifications.
SEC. 4. References for Employ_�es: Only the Personnel Officer and the Human Resources
Manager or their designees are authorized to provide references for former or
current employees on behalf of the City of Santa Clarita. No other employee is
authorized to provide written or verbal references or recommendations for former
or current employees. No other employee is authorized to respond to questions
about former or current employees regarding their work performance. As such,
any employee who receives a request for a reference is required to forward that
request to the Human Resources Manager,
RULE XV. ATTENDANCE AND LEAVES OF ABSENCE
SEC. 1. Attendance: Attendance is considered an essential function of every position in
the City's service. Employees shall be in attendance at their work station or
location in accordance with their established work schedule. All departments
shall keep daily attendance records of employees which shall be reported using
the designated time card and procedure as specified by the City.
SEC. 2. Unauthorized Absence: If an employee is absent from work without having
requested and obtained supervisory approval for his/her absence or if an employee
fails to return at the conclusion of an approved leave of absence, the absence shall
be considered unauthorized.
Failure of an employee to return to duty within 24 hours after the City sends
notice to the employee ordering him/her to return to work shall be considered a
voluntary resignation, and the employee automatically waives all rights under the
Personnel Ordinance and these Personnel Rules. The notice to the employee shall
be delivered either by (a) personal service to the employee; or (b) depositing in
the mail of a certified overnight delivery, postage paid, return receipt requested,
addressed to the employee's last known address.
However, the employee shall be given 48 hours to present good cause for his/her
failure to return to duty. The 48-hour period shall begin at the conclusion of the
24-hour period that the employee has to return to work. The employee may
present his/her good cause verbally or in writing to the Personnel Officer. The
Personnel Officer shall then have 48 hours to determine whether lie/she accepts
the employee's proof of good cause.
If the time limits specified in this Section include non -work days, those non -work
days shall not be included in the calculation of said tirne limits. For example, if
an employee is ordered to return to work at 8:00 a.rn. on Thursday, the employee
must return to work by 8:00 a.m. on Friday. The employee would then have until
8:00 a.m. on Tuesday to present good cause for his/her failure to return to duty as
ordered because Saturday and Sunday are typically non -work days.
-22-
SEC. 3.
SEC. 4.
If an employee returns to work after receiving said notice, the City reserves the
right to discipline the employee under Rules X1, Disciplinary Action, and XII,
Disciplinary Appeal Procedures, for any violations of City Personnel Rules and
regulations that the employee may have committed by being absent without
authorization.
Effect of Leave of Absence:
A. Effect of Leave of Absence on Employment Benefits:
Fully Paid Leave: Unless otherwise required by law, an employee
on a leave of absence who continues to receive full compensation
through the use of his/her accrued leave banks will continue to
receive full employment benefits. Such employment benefits, may
include, but are not limited to, the accrual of paid leaves, accrual of
seniority, and cafeteria contributions, which remain at the rate the,
employee Would receive if he/she was working his/her normal
work schedule.
Partially Paid Leave: Unless otherwise required by law, an
employee on a paid leave of absence who is receiving less than,;full
compensation from the City through the use of his/her accrued paid
leaves shall receive a pro -rated share of his/her employment
benefits, including, but not limited to, the accrual of paid leaves,
accrual of seniority, cafeteria contributions, or supplemental pay.
In accordance with Section 10, Administrative Leave, of this Rule,
full-time exempt employees who are on a partially paid leave shall
not accrue Administrative Leave during that pay period.
Unpaid Leave: Unless otherwise required by law, an employee on
an unpaid leave of absence shall not accrue any employment
benefits, including, but not limited to, the accrual of paid leaves,
accrual of seniority, cafeteria contributions, and supplemental pay.
B. Effect of Leave on Probationary Periods, Performance Evaluations, and
Merit Increases: An employee on one or more leaves of absence ' lasting
longer than 14 days shall have his/her probationary period, performance
evaluation, and merit increase, if relevant, postponed by an amount equal
to the amount of leave taken.
Leave of Absence Without Pay:
A. Mandatory Exhaustion of Paid Leaves:
I Medical Leave: If an employee is requesting a leave of absence
for medical reasons, the employee is required to fully exhaust all of
his/her paid leaves in order to be eligible to receive a leave of
absence without pay. I
-23-
2. Personal Leave: If an ernploye'e is requesting a leave of absence
for personal reasons, the employee is required to fully exhaust all
of his/her paid leaves, except sick leave, in order to be eligible to
receive a leave of absence without pay.
B. Length of Leave of Absence Without Pay: The Personnel Officer, in
his/her discretion, may grant a regular or probationary employee leave of
absence without pay for up to three months. The Personnel Officer may,
in his/her discretion, extend the leave in three-month increments; however,
unless otherwise required by law, in no circumstances shall the total
amount of unpaid leave be longer than 12 months.
Upon receipt of a written request, Directors may grant a regular or
probationary employee leave of absence without pay not to exceed 40
hours within the last 12 months. All leaves granted by Directors shall be
immediately reported to the Personnel Officer and the Human Resources
Division.
C. Process for Requesting Leave of Absence Without Pay: An employee
requesting a leave of absence without pay must submit his/her request to
the Personnel Officer (or the Director in cases where the employee has
requested 40 or fewer unpaid hours off in the last 12 months) in writing at
least 14 days in advance and must set forth the reason(s) for the request.
The employee must also attach documentary evidence supporting his/her
need for the leave of absence. When such advance notice is not
practicable, the request must be submitted as soon as is practicable under
the circumstances. The Personnel Officer or the Director may request
reasonable documentation, in addition to any documents attached to the
employee's request, supporting the employee's reason for requesting the
leave. The approval or denial of such leaves of absence shall be in
writing.
D. Returning from Leave of Absence Without Pa : An employee who fails
to report promptly back to work at the expiration of the Leave of Absence
without Pay, or within a reasonable time after notice to return to duty,
shall be designated on an unauthorized absence under Section 2 and those
procedures shall apply.
E. Revocation of Leave of Absence Without Pay: The Personnel Officer or
Director shall have the right to revoke a previously granted unpaid leave
of absence upon a determination that the leave is not being used for the
purpose for which it was granted or the needs of the City change, and the
employee may be subject to discipline in accordance with Rule XI,
Disciplinary Action.
SEC. 5. Military Leave: Military leave shall be granted in accordance with the provisions
of federal, state, and local law. During active military campaigns, employees who
-24-
are called to serve shall be entitled to a continuation of their City pay, offset by
mi I itary pay for a total of 180 days for the period of active duty. The 180 days
provided by the City runs concurrently with any federal, state, or local military
leave laws. If the employee is entitled to benefits under the provisions of federal
or state law, the offset City pay shall be reduced by such federal or state mandated
benefits.
All employees entitled to military leave shall, within the limits of military
regulations, give the appointing authority an opportunity to determine when such
leave shall be taken.
SEC. 6. Vacation Leave:
A. Request for Vacation Leave: An employee who wishes to take vacation
leave must submit a request to his/her immediate supervisor in advance of
the intended vacation. The granting and scheduling of vacation is at the
discretion of the supervisor with consideration of (1) the wishes of the
employee, and (2) the needs of the Department.
It is the employee's responsibility to ensure that he/she has a sufficient
amount of leave accumulated to fully cover the requested tirne off. ForL...:..,
example, if an employee requests 16 hours of vacation leave, the
employee should first determine whe * ther he/she has at least 16 hours of
accumulated vacation, administrative leave, compensatory time off, or
holiday leave time. If the employee does not have sufficient accumulated
paid leaves to cover the requested time off, (1) then he/she may need to
reduce the original leave request, or (2) the employee may request an
unpaid leave of absence for the portion of the leave that would be unpaid
as outlined in Section 4 of this Rule. An employee who falls into an
unpaid leave status without having been granted permission under Section
4 of this Rule may be disciplined for the inappropriate use of leave.
B. Accrual: Regular and probationary employees who work full-time shall
accrue vacation leave each pay period at the rates designated by the City.
Regular and probationary employees who work part-time shall accumulate
vacation leave at a rate proportionate to a full-time employee in the same
,class, according to the number of hours scheduled to work.
An employee who works less than his/her regularly scheduled hours in a
pay period shall earn a pro -rated share of vacation based on the number of
hours worked.
SEC. 7. Jury Duty Leave: Every regular and probationary employee, both full-time and
part-time, of the City who is called or required to serve as a trial juror, upon
notification and appropriate verification submitted to his/her supervisor, shall be
entitled to paid leave during the period of such service or while necessarily being
present in court as a result of such call. The amount of paid leave shall be based
-25-
I
on the number of regularly scheduled work hours for the employee during the
period of required service. Employees must obtain a form from the court that
certifies the times and dates served as jurors.
SEC. 8. Sick Leave:
A. Accrual: Regular and probationary employees who work full-time shall
accrue sick leave each pay period at the rates specified by the City.
Regular and probationary employees who work part-time shall accrue sick
leave at a rate proportionate to a full-time employee in the same class,
according to the number of hours scheduled to work.
An employee who works less than his/her regularly scheduled hours in a
pay period shall earn a prorated share of sick leave based on the number of
hours worked.
B. Usaize: Sick leave may only be taken for absences frorn duty made
necessary by:
Personal illness or physical incapacity caused by factors over
which the employee has no reasonable or immediate control.
2. Injury, either job or non -job related. When an injury is job-related,
the employee shall be charged with sick leave usage only to the
extent that their salary is not covered by Workers' Compensation.
3. Medical, dental or eye examination or treatment for which
appointment cannot be made outside of working hours.
When the employee's presence is needed to attend to the illness or
injury of a member of his/her immediate family.
Inability to work because of intemperance is not an authorized reason for
sick leave.
C. Verification: A supervisor or Director may require a doctor's verification
for any period of absence when an employee has been absent due to illness
or injury. The doctor's verification must include:
The employee's name.
The name and address of the doctor.
3. A statement by the physician that the employee is under the care of
the physician and that the illness/injury prevents the employee
frorn performing his/her duties.
-26-
4. Statement of specific dates the doctor recommends the employee
stays off work.
5. Date(s) employee was seen or will be seen by the doctor.
6. 'Verification must be signed (not signature stamped) by the
physician.
D. Sick Leave Incentive Program: Employees who have minimal sick leave
usage during the calendar year or large balances of sick leave may be
eligible to participate in the Sick Leave Incentive Program as defined by
the City.
E. Unused Sick Leave: No employee shall be compensated for, or allowed to
exhaust any accrued sick leave upon resignation, including retirement,
termination, layoff, or death.
.SEC. 9. Holidays: The City shall observe the hol idays. designated by the City Council by
resolution or ordinance.
When a holiday falls on Saturday, the preceding Friday shall be observed as a.,., -
holiday. When a holiday falls on a Sunday, the following Monday shall be
observed as a holiday.
A. Holiday Failing on a Regularly Scheduled Day 0 Any regular or
probationary exempt or non-exempt employee whose regularly scheduled
day off falls on a designated City holiday Will accrue an additional floating
holiday for that calendar year. Floating holidays accrued in January
through October must be used prior to the end of the same calendar year.
However, a floating holiday earned in November or December will be
carried over to the next calendar year and must be used by June 30. Any
employee who accrues, but does not use a floating holiday under these
restrictions, will be compensated at the employee's current rate of pay in
the first paycheck the employee receives after December 31 or June 30.
B. Compensation for Work Performed on a Holida : Any regular or '
probationary non-exempt employee who is requested by his/her supervisor
to report to work on a designated City holiday will receive time and one
half for the hours worked on the day the City observes the holiday. For
example, if Independence Day is on a Saturday, and the City observes it
on Friday, only employees required to work on Friday would be entitled to
premium pay. Employees who work on Saturday will be entitled their
regular pay.
C. Amount of Holiday Pay: Full-time regular and probationary employees
shall accrue the same number of hours that the employee would otherwise
be regularly scheduled to work. Part-time regular and probationary
-27-
I
employees shall accrue holiday hours in proportion to their assigned full-
time equivalency.
D. Unused Floating Holidays: No employee shall be compensated for, or
allowed to exhaust any accrued floating holiday upon resignation,
retirement, termination, layoff, or death.
E. Holiday Pay During Leave of Absence: When a holiday occurs during an
employee's approved leave of absence, the employee will receive full
holiday pay only if the employee is in full pay status the working day
immediately preceding the holiday. Unless otherwise required by law, if
the employee is in less than full pay status on the working day
immediately preceding the holiday, the employee's holiday pay will be
prorated based on the number of hours paid during the pay period unless
otherwise required by law.
SEC. 10. Administrative Leave:
A. Eligibility: Certain full-time, exempt employees may be eligible to
receive administrative leave each calendar year in recognition of work
performed outside their normal full-time work schedule such as attending
meetings, events, or being available to address problems or issues.
Part-time exempt employees whose regular work schedule is less than 40
hours per week are not eligible for Administrative Leave,
B. Accrual Rate of Administrative Leave: Eligible exempt employees shall
accrue Administrative Leave each pay period at the rate designated by the
City up to a maximum of 80 hours per calendar year. Executive Team
members accrue up to 96 hours per calendar year. Full-time exempt
employees who are in pay status less than their regularly scheduled hours
shall not accrue Administrative Leave during that pay period.
Administrative Leave may be accrued up to the maximum annual amount
and be carried over into the next calendar year. Once the annual
maximum is reached, no additional Administrative Leave will accrue until
such time as the leave balance drops below the maximum.
C. Separating from the City: Upon separation from the City, any unused
Administrative Leave will be forfeited. Administrative Leave is not
eligible for cash -out.
SEC. 11. B6reavement Leave: Paid Bereavement Leave may be granted by a Director at
rates determined by the City for employee absence from duty as a result of a death
in the employee's immediate family. The City may request documentation to
verify eligibility for bereavement leave.
-28-
SEC. 12
Fitness for Duty Examination and Leave:
A. Pulpose/Policy: Employees are expected to report to work fit for duty,
which means able to perform theirjob duties in a safe, appropriate, and
effective manner, free from adverse effects of physical, mental, emotional,
and/or personal problems. This Rule is intended to provide a safe
environment and protect the health and welfare of employees and the
public. If an employee feels that he/she is not fit to perform his/her duties,
he/she Must notify his/her supervisor immediately.
B. Reasons for Fitness for Duty Leave: A fitness for duty examination may
be ordered in any of the following situations:
1. An employee returns from a medical leave of absence of more than
five working days.
2. An employee is involved in the interactive process with the City
under Rule 111, Section 2.
3. Supervisor observes or receives a reliable report of an employee's
possible lack of fitness for duty. Observations and reports may.be.
based on, but are not limited to, employee's own self-report of
potential unfitness, dexterity, coordination, alertness, speech,
vision acuity, concentration, response to criticism, interactions
with the public, co-workers, and supervisors.
4. Fitness for duty examinations based on a reasonable suspicion that
an employee is under the influence of illegal drugs or alcohol shall
be conducted in accordance with the City's Drug -Free Workplace
Policy.
C. Procedures for Ordering a Fitness for Duty Examination: When a
supervisor becomes aware of or observes behavior that makes him/her
reasonably suspect that the employee may not be fit for duty, the
supervisor shall refer the employee to the Human Resources Manager who
will determine whether a fitness for duty examination is necessary and
should be scheduled. If the circurnstances warrant it, the Human,
Resources Manager, after conferring with the employee's Director, may
place the employee on a paid or unpaid leave pending the results of the
employee's fitness for duty examination. The examination shall be paid
for by the City.
D. Procedure Following Receipt of Examination Results: The doctor
examining the employee shall be limited to finding the employee "fit for
duty" or "fit for duty with restrictions" or "unfit for duty." In the case of
finding an employee fit for duty, the doctor may issue work restrictions.
In no case shall the doctor reveal the underlying cause of the fit or
unfitness for duty without the employee's permission.
-29-
I Fit for Duty: If the doctor finds,the employee is fit for duty, the
employee shall return to work immediately and perform all duties
of his/her position.
2. Fit for Duty with Restrictions: If the doctor finds the employee is
fit for duty with restrictions, the doctor shall specifically list what
restrictions are necessary and for how long those restrictions are
necessary. If the employee's restrictions are based on a disability
as defined by the ADA and/or FEHA, the City shall engage in the
interactive process as set forth in Rule 111, Nondiscrimination,
Section 2. The City shall then evaluate those restrictions and
determine if the restrictions can be reasonably accommodated.
3. Unfit for Dut : If the employee is found to be unfit for duty,
he/she shall not be permitted to work. He/She may request a leave
of absence in accordance with the appropriate subsection of this
Rule. If the employee can provide certification of fitness for duty
prior to the exhaustion of all paid and unpaid leave that he/she is
entitled to under these Personnel Rules, the employee shall be
returned to work. However, if such certification is frorn the
employee's own health care provider, the City may request a
second opinion from a doctor of its choosing and at its cost to
evaluate the employee under the requirements of this section. If
the two certifications conflict, a third opinion will be sought from a
doctor chosen by the City and the employee, at the expense of the
City. The opinion of fit or unfit rendered by the third doctor shall
be binding. If the employee's restrictions are based on a disability
as defined by the ADA and/or FEHA, the City shall engage in the
interactive process as set forth in Rule 111, Nondiscrimination,
Section 2.
SEC. 13. Workers' Compensation Leave: The City will comply with all relevant laws
when handling an employee's workers' compensation claim for an on-the-job
injury or illness. Any questions about employees' rights under the California
workers' compensation system can be directed to the Human Resources Division.
A. Treating Physician: The City will choose the employee's primary treating
physician for the first 30 days after an injury is reported unless the
employee has pre -designated a personal physician in accordance with this
Rule. The employee must pre -designate, prior to the date of injury or
illness, a medical doctor or osteopath who previously directed his/her
medical treatment and who has the employee's medical records. The
employee's designation must be in writing and must contain the following
i'nformation:
II . Name of the physician;
_30-
2. Physician's address; '
3. Physician's telephone and facsimile numbers;
4. Physician tax ID number; and
Physician's signature agreeing to provide medical services in
accordance with California Workers' Compensation statutes and
regulations.
The employee should sign and date the document and submit the
completed form to the Human Resources Division. It is the employee's
responsibility to keep this information current.
In the case of an ernergency, the employee may not be able to immediately
see his/her pre -designated physician.
B. Reporting Iniuries: All injuries sustained in the course of employment
shall be immediately reported by the injured employee to his/her
immediate supervisor. If the immediate supervisor is not available, the
injured employee shall immediately notify one of the following persons. in
the order listed here: the employee's supervisor, Director, Human
Resources, or the Personnel Officer or their designees. All accidents and
injuries, no matter how minor, must be reported, and all required
documentation completed within the time limits set forth in Workers'
Compensation statutes and regulations.
C. Aorkers' Compensation Leave and Benefits: Employees shall receive
disability benefits according to Labor Code section 4650,
An employee who is required to be off work because of his/her workers'
compensation injury or illness shall be designated as being on workers'
compensation leave. Such workers' compensation leave shall be unpaid
except as otherwise required by law. The employee is required to exhaust
his/her paid leave banks, in coordination with any workers' compensation
benefits he/she is receiving. The City will exhaust the employee's paid
leaves in the following order, unless another order is more beneficial to
the employee or the employee requests a different order within 14 days of
the date of injury: sick leave, compensatory time off, holiday,
administrative leave, and vacation. The combination of workers'
compensation benefits and payments from the City can never exceed the
employee's regular salary.
Unless otherwise required by law, if an employee falls into a City unpaid
leave status, he/she will not accrue any employment benefits, including,
but not limited to, the accrual of paid leaves, cafeteria contributions, and
supplemental pay as set forth in Rule XV, Attendance and Leaves of
Absence, Section 3.
-31
An employee on workers' compensation leave may also qualify for leave
under the FMLA/CFRA. The City will inform the employee if he/she
qualifies under the FMLA/CFRA in accordance with City policy.
RULE XVI. RE' PORTS AND RECORDS
SEC. 1. Personnel Records: The Personnel Officer shall maintain a confidential personnel
record for each employee. in the service of the City showing the name, title of
position held, the department to which assigned, salary, changes in employment
.status, and other information as may be considered pertinent by the Personnel
Officer.
Employees shall have the right to access their official personnel files at reasonable
intervals. The employee shall not be permitted to remove items from his/her
personnel files. However, the employee shall have the right to a copy of
documents in his/her official personnel file. Employees wishing to access their
personnel file should notify their Director or the Human Resources Division of
their desire to access their personnel file, and the Human Resources Division will
schedule a time for this viewing. A Human Resources representative shall be
present during the employee's review of his/her personnel file.
Letters of reference and reports regarding ongoing investigations concerning the
employee shall be excluded from the provisions of this Rule.
SEC. 2. Change of Status Report: Every appointment, transfer, promotion, demotion,
change of salary rate or any other temporary or regular change in status of
employees shall be reported to the Personnel Officer in such manner as he/she
may prescribe.
SEC. 3. Current Address: Each employee is required to inform the City of his/her home
street address, and to keep the City apprised of any changes to his/her home street
address.
RULE XVII. GRIEVANCE PROCEDURES
SEC. 1. Purpose of Grievance Procedure: The grievance procedure shall be used to
resolve employee complaints regarding an alleged violation or interpretation of
any memorandum of understanding ("MOU"), the City's Personnel Ordinance, or
these Personnel Rules.
Specifically excluded from the grievance procedure are:
A. Performance evaluations;
B. Deferred merit salary increases;
IC. Verbal counseling;
-32-
D. Any disciplinary action under Rules XI, Disciplinary Action, and XII,
Disciplinary Appeal Procedures;
E. Policy decisions of the City Council;
F. Transfer to another position without a loss of pay; and
G. Matters for which there is a separate appeal, including, but not limited to,
disciplinary action.
SEC. 2. Informal Discussion of Grievance: When an employee has a complaint, the
employee shall first informally discuss the matter with his/her immediate
supervisor within 15 working days from the date of the incident or decision giving
rise to the grievance. If, after discussion, the complaint has not been satisfactorily
resolved, the employee shall have the right to file a formal grievance under
Section 3. The grievance shall be considered resolved and no further review of
the subject matter of the grievance shall be permitted under this Rule when the
employee does not seek further review of the grievance within five working days
from the date of the immediate supervisor's decision.
SEC. 3. Formal Grievance Procedure: The formal grievance procedure shall be used to,
resolve an employee's complaint not satisfactorily resolved by an informal
discussion. All formal grievances shall be set forth on a form provided by the
City, and the employee is required to provide all infon-nation requested on the
grievance form, including, but not limited to, a statement of the event causing -the
grievance; the provision of the MOU, Personnel Rule, or Personnel Ordinance
alleged to have been violated; the relief sought by the employee; and any potential
witnesses. Failure to fully complete the grievance form may result in a delay in
processing the grievance.
A. Step One: The employee shall present the formal grievance to his/her
Director within five working days frorn the date of the immediate
supervisor's decision. Within ten working days of receiving the formal
grievance, the Director shall schedule a meeting and discuss the grievance
with the employee and, if elected by the employee, the employee's
representative. Within ten working days after meeting with the employee,
the Director shall render a written decision regarding,the grievance.
Failure of the Director to render a written decision on the grievance within
ten working days after meeting with the employee constitutes a denial of
the grievance, and the employee may proceed to Step Two.
If the Director's decision does not satisfactorily resolve the complaint, the
employee may present the formal written grievance to the Personnel
Officer within five. working days after receipt of the decision of the
Director. The grievance shall be considered resolved and no further
review of the subject matter of the grievance shall be permitted under this
Rule when the employee does not seek further review of the grievance to I
-33-
I
E
LI
the Personnel Officei�-within five workii�g days after receipt of the
decision of the Director.
B. Step Two: The employee shall present the formal grievance to the
Personnel Officer within five working days from the date of the Director's
decision. Within 15 working days of receiving the formal grievance, the
Personnel Officer shall schedule a meeting and discuss the grievance with
the employee and, if elected by the employee, the employee's
representative. Within 15 working days after meeting with the employee,
the Personnel Officer shall render a written decision regarding the
grievance. Failure of the Personnel Officer to render a written decision on
the grievance within 15 working days after rrieeting with the employee
constitutes a denial of the grievance. The decision of the Personnel
Officer shall resolve the grievance, and no further review of the subject
matter of the grievance shall be permitted within the City's administrative
process.
SEC. 4. General Grievance Provisions:
A. Non -Retaliation: The City shall not retaliate against any employee or any
representative resulting from the good faith use of the grievance
procedure.
B. Extension of Time: The time limits set forth in this Rule may be altered
by mutual agreement of the employee and' the City.
C. Representation: Employees are entitled to have a representative present
during grievance proceedings.
D. Preparation Time: Reasonable time off without loss of pay shall be given
to an employee who has a grievance and to his/her representative in order
to participate in the grievance hearings. However, employees and their
representatives shall not be entitled to prepare for grievance hearings
while on duty.
RULE XVIII. PERFORMANCE EVALUATION PROCEDURE
SEC. 1. Purpose of Performance Evaluation: The purpose of a performance evaluation is
to evaluate an employee's work performance. The immediate supervisor shall be
responsible for the evaluation of the work performance of an employee. The
performance evaluation may be used to promote or train an employee or as a basis
for disciplinary action. However, a performance evaluation is not disciplinary in
nature. The supervisor shall use only job-related factors to evaluate an
employee's work performance.
SEC. 2. Preparation of Performance Evaluation:
-34-
A. Probationary Employee Evaluations: During the probationary period, the
probationary employee (including employees serving a probationary
period due to promotion, transfer, demotion, or reassignment) must be
evaluated after three, six, and twelve months of service. Evaluation after
nine months is optional and left to the discretion of the supervisor. The
supervisor shall make certain that the probationary employee or
promotional appointee's 12 -month evaluation is completed prior to the
end of his/her probationary period, and the evaluating supervisor shall
make one of the following recommendations:
I Retention of the employee is not desired, and the employee shall
be dismissed from his/her probationary period;
2. Retention of the employee is desired, and the employee shall
become a regular employee; or
The employee's probationary period shall be extended.
When the supervisor recommends a probationary period be extended,
he/she shall indicate the amount of time that the probationary period is to
be extended, but in no event shall the supervisor extend the probationary
period for more than six months (or 1,040 hours for part-time employeeis).;
This action must be approved by the appointing authority as well as by the
Personnel Officer
B. Regular Employee Evaluations:
Full -Time Regular Employees: Except as otherwise stated herein,
every employee should be evaluated every 12 months. An
employee may be evaluated more frequently at the discretion of the
supervisor.
2. Part -Time Regular Employees: Employees who work less than 40
hours per week will be evaluated based on the number of hours of
work completed. Supervisors are required to evaluate part-time
employees according to the following schedule: three-month
evaluation after completing 520 hours of work; six-month -
evaluation after completing 1,040 hours of work; nine-month
evaluation (optional) after completing 1,560 hours of work; and a
12 -month evaluation after completing 2,080 hours of work. An
employee may be evaluated more frequently at the discretion of the
supervisor.
C. Non Appealable: Employees may attach a reasonable amount of rebuttal
material to any evaluation. Evaluations are not subject to any form of
appeal.
-35-
SEC. 3.' Postponement of Performance Evaluation:' An employee's performance
evaluation due date shall be extended when the employee takes one or more
leaves of absence totaling more than 14 days. The.ernployee's performance
evaluation due date shall be extended by the same period of time that the
employee was absent.
SEC. 4. Change in Performance Evaluation Date: The date of the employee's performance
evaluation may change multiple times during the employee's employment with
the City. For example, any time an employee is appointed to a new classification,
his/her annual performance evaluation will be revised to the date of appointment.
RULE XIX. SALARY PLAN
SEC, 1. Step Increases: Each job classification shall be assigned to a five-step salary
range which shall operate as follows:
A. The first step will be granted on the employee's date of hire, unless
otherwise determined by the appointing authority.
B. The second, third, fourth, and fifth steps may be granted to employees
after 12 months (2,080 hours for part-time employees) of fully satisfactory
service at the previous step upon the recornmendation of the Director and
the approval of the Personnel Officer.
SEC, 2. Granting of Step Increases: Salary step increases shall be granted for merit only.
There shall be no appeal for the denial of a salary step increase.
SEC. 3. Salary Anniversary Date: An employee's salary anniversary date shall be the date
the employee begins employment with the City in a regular position. When a
change in classification occurs, the employee's salary anniversary date shall be
changed to the date the new classification becomes effective. The employee's
salary anniversary date shall also be changed if he/she receives an early merit
increase.
The employee's salary anniversary date shall be -the date that an employee's
annual performance evaluation is due, as set forth in Rule XVIII, Performance
Evaluation Procedure. The employee's salary anniversary date may be adjusted
when lie/she is absent from work in accordance with Rule XVIII, Performance
Evaluation Procedure, Section 3.
RULE XX. OUTSIDE EMPLOYMENT AND OTHER EMPLOYEE OBLIGATIONS
SEC. 1. Outside Employment, Enterprise, or Activity: In accordance with California
Government Code Title 1, Division 4, Chapter 1, Article 4.7, no employees may
engage in any outside employment, enterprise, or activity that is inconsistent,
incompatible, in conflict with, or adverse to his/her employment, their ability to
-36-
perform their duties and responsibilities, including performance of overtime work
and emergency duties, or any other aspect of City operations. Employees are
required -to notify their Director in writing of all outside employment in which
they are engaged, regardless of when that outside employment began, so that the
City may assess whether such outside employment conflicts with the employee's
City employment.
An employee's outside employment, enterprise, or activity will be prohibited
when any of the following are present:
A. It involves the use for private gain or advantage of his/her City time,
facilities, equipment and/or supplies; or the badge, uniform, prestige, or
influence of his/her City employment;
B. It involves the receipt or acceptance by the employee of any money or
other consideration from anyone other than the City for the performance
of an act which the employee, if not performing such act, would be
required or expected to render in the regular course or hours of his/her
City employment or as part of his/her duties as a City employee;
C. It involves the performance of an act, in other than his/her capacity as a -
City employee, which may later be subject directly or indirectly to the
control, inspection, review, audit, or enforcement of any other officer or
employee of the City; or
D. It involves the time demands as would render performance of his/her
duties as a City employee less efficient.
When outside employment is reported to a Director, the Director shall, in
consultation with the Human Resources Manager, review all pertinent details of
the outside employment and determine whether the employee's outside
employment conflicts with the performance of his/her duties. The Director shall
advise the employee of his/her determination either verbally or in writing. An
employee who is unsatisfied with the decision of the Director may appeal tile
decision to the Personnel Officer. An employee wishing to appeal the ..
determination must file a written appeal to the Personnel Officer within ten days
of receipt of the Director's decision. The Personnel Officer shall meet with the
employee and determine whether the employee's outside employment conflicts
with the performance of his/her duties. The Personnel Officer shall advise the
employee and the Director of his/her determination in writing within 15 days of
meeting with the employee. The Personnel Officer's decision shall be final with
no other right of appeal.
SEC. 2. Conduct During the Workday: During the workday, employees are expected to
devote their full time in the performance of their assigned duties. Any approved
outside work, part-time job, hobbies, or personal business must be performed
during off duty hours. Off duty hours include unpaid lunch break periods, but do
-37-
not include other rest or.break periods during -which the employee continues to
receive pay.
SEC. 3. Ethical Obligations: City employees have certain ethical obligations and are
required to adhere to the City's ethical standards, as set forth in City policy.
SEC. 4. Employees with Access to Confidential Information: In performing their duties,
employees may have access to confidential information, including employees'
personnel files and the personal or financial information of other City employees
or persons who do business with the City. In addition, some City employees will
be involved in communications with the City Attorney's Office, which can be
protected by the attorney-client privilege. All employees are required to maintain
the confidentiality of such information. Confidential information shall not be
disclosed to any person outside the City of Santa Clarita without authorization by
the Human Resources Manager in the case of personnel -related information, or by
the City Clerk, in the case of all other information. Internal disclosure of such
confidential infon-nation shall be made on a strict "need -to -know" basis, and if
personnel -related information is involved, employees should contact Human
Resources for guidance in advance of disclosing the infon-nation.
RULE XXI. VIOLENCE FREE WORKPLACE
SEC. 1. Obiective: The City is strongly committed to ensuring the safety of all City
employees, Consistent with this policy, acts or threats of violence, including
intimidation, harassment, and/or coercion which involve or affect City employees
will not be tolerated and will be subject to appropriate disciplinary action up to
and including termination. The following are the objectives of the City:
A. To assure all workplace threats and violent behavior are addressed
promptly.
B. To assure the level of physical and facility security in City workplaces is
sufficient to protect the health and safety of City employees.
C. To ensure that all disciplinary action taken for behavior prohibited under
this Rule is reviewed, evaluated, and administered consistently and
equitably throughout the City and done so in a timely manner.
SEC. 2. Threats or Acts of Violence Defined: A credible threat of violence is a knowing
and willful statement or course of conduct that would place a reasonable person in
fear for his/her safety, or the safety of his/her immediate family, and that serves
no legitimate purpose. General examples of prohibited workplace violence
include, but are not limited to, the following:
A. Threatening to harm or han-ning an individual or his/her family, friends,
associates, or their property.
B. Fighting or challenging another individual to a fight.
-38-
C. Intimidation through direct or veiled verbal * threats, or through physical
threats, such as obscene gestures, grabbing, and pushing.
D. Making harassing or threatening telephone calls, sending harassing or
threatening letters, emails, text messages, or other correspondence.
E. Intimidating or attempting to coerce an employee to do wrongful acts that
would affect the business interests of the City.
F. Harassing surveillance or stalking, which is engaging in a pattern of
conduct with the intent to follow, alarm, or harass another individual,
Which presents a credible threat to the individual and causes the individual
to fear for his/her safety, or the safety of his/her immediate family, as
defined in Civil Code section 1708.7.
G. Making a suggestion or otherwise intimating that an act to injure persons
or property is appropriate behavior.
H. Possession of firearms (loaded or unloaded), weapons, or any other
dangerous devices on City property. This includes "look-alike" weapons,
such as toy guns. Weapons and dangerous devices may include, but are
not limited to the following: blackjacks, slingshots, metal knuckles,
explosive substances, dirks, daggers, gas- or spring -operated guns, knives,
including folding knives having a blade that locks into place, razor blades,
and clubs.
1. Use of a personal or City -issued tool in a threatening manner toward
another.
SEC. 3. Reporting Workplace Violence: Any employee who is the victim of a threat or.
act of violence, or any employee who witnesses such conduct, must immediately
report the incident to his/her supervisor or other appropriate person in the chain of
command. Should the employee perceive that lie/she is in immediate danger of a
violent act, or has just been victimized by a violent act, or is a witness of a violent
act, he/she shall whenever possible:
A. Place themselves in a safe location.
B. If appropriate, call the Police Department or 911.
C. Inform a supervisor, Director, or the Human Resources Division of the
circumstances.
D. Complete a written report as soon as possible and submit the original to
the Personnel Officer.
E. Cooperate fully in any administrative or criminal investigation, which
shall be conducted within existing policy and laws.
-39-
I
I
SEC. 4. Reporting Future Work�lace Violence: Employees who have reason to believe
they or any City employee may be the subject of a violent act in the workplace or
as a result of their City employment, should immediately notify their supervisor,
Director, or the Personnel Officer.
SEC. 5. Violation of Rule: The City's prohibition against threats and acts of violence
applies to all persons in the City operation, including but not limited to City
personnel, contract and temporary workers, customers, and anyone else oil City
property, Violations of this Rule by any individual may be followed by legal
action as appropriate, which may include, seeking a temporary restraining order
and/or injunction on behalf of City employees, if the situation warrants such
action.
In addition to appropriate legal action, violations of this Rule by employees,
including making a false report under this Rule, may lead to appropriate
disciplinary action, up to and including termination.
-40-
CITY OF SANTA CLARITA
ACKNOWLEDGEMENT OF RECEIPT OF PERSONNEL RULES
I acknowledge that I have received my copy of the City of Santa Clarita Personnel Rules. I
0
recognize that the Personnel Rules supersedes any related and prior Personnel Rules, policy
statements, manuals, memorandums, and/or administrative policies previously issued by the City
of Santa . Clarita. I will read and abide by all Personnel Rules and regulations set forth in the
Personnel Rules.
I understand that the §e Personnel Rules do not create a vested contractual right in the execution
of the duties and responsibilities relating to these Personnel Rules. I also understand that these
Personnel Rules can be changed by the City, with or without notice, as permitted by law.
I further understand that the City shall maintain an updated version of these Personnel Rules on
rNet.
Print Name
Date
0
-41-
Signature
I
I