HomeMy WebLinkAboutCC 7 REV PERS RULES 12-05-83FI~I~: Director of Community and Administrative Services ~,~)..t}
sumJECT: PROPOSED REVISION OF PERSONNEL RULES AND REGULATIONS
RECOMMENDATION:
That the City Council adopt by Resolution the attached revised Rules and
Regulations.
BACKGROUND:
The revisions to the Personnel Rules and Regulations of the City of Tustin are
ba§lcally "housekeeping" in nature. Two such housekeeping matters change the
City Administrator to City Manager, and keep the Personnel Rules and Regulations
consistent with Ordinance Number~ 848, which established the office of the City
Manager.
A second change in the Rules and Regulations has been to remove data that '
changes each year and is more apprbpriately covered in the Memorandum of
Understanding and/or Salary Resolution. These items have been removed from the
Rules and Regulations.
Other changes basically clarify and further define items on which the past rules
were either misleading or vague. Some of .these include hiring of relatives,
salary on promotion or demotion, and definitions of calendar days, working days,
contract employees, job-sharing, and reserve officer.
The Director of Community and Administrative Services and the Finance Director
have met with representatives of employee groups in an informal, advisory
capacity re~arding these rules. These meetings took place from June through
October 1983; all changes were discussed and reviewed and consensus was
reached. The Department Heads and the City Attorney also have reviewed these
revisions.
RAW/kaw
Attachment:
Resolution # 83-104
(City of Tust~onnel Rules & Regulations)
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RESOLUTION NO. 83-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING REVISED PERSONNEL RULES AND REGULA-
TIONS OF THE CITY OF TUSTIN
WHEREAS, the Personnel Rules and Regulations of the City of Tustin
were adopted by Resolution of the City Council on June 2, 1969; and
WHEREAS, the Personnel Rules and Regulations have been revised and
updated by Resolution of the City Council on several occasions since their
adoption; and
WHEREAS, it is desirable and appropriate to revise and update the
present Personnel Rules and Regulations in their entirety;
nia, does
the City
adopted,
in full;
office of
NOW, THEREFORE, the City Council of the City of Tustin, Califor-
hereby resolve that the revised Personnel Rules and Regulations of
of Tustin, dated 11/21/83 on page 38, are hereby approved and
and by this reference are incorporated herein as though set forth
and three (3) copies of same shall be retained on file in the
the City Clerk of the City of Tustin.
PASSED AND ADOPTED at a regular meeting of the Tustin City Coun-
cil, held on the 5th day of December, 1983.
MAYOR
28
PERSONNEL RULES AND REGULATIONS
OF THE CITY OF TUSTIN
Page 1
SECTION 1. MERIT PERSONNEL SYSTEM ESTABLISHED
A. Pur_~. The following merit personnel system is hereby established in
order ~o:
(1) Establish an equitable and uniform procedure for dealing with
personnel matters;
(2) Attract the most competent persons available to municipal service;
(3) Assure that appointment and'advancement of employees are based on
merit and ability; and
(4) Provide reasonable security for employees.
The objectives of these rules and regulations are to facilitate efficient and
economical service to the public and provide for a fair and equitable system of
personnel management in the municipal government. These rules set forth those
procedures and policies which insure similar treatment for those who compete for
original and promotional employment and define certain obligations, rights,
privileges, benefits and prohibitions which are placed upon all employees in the
service of the City.
B. Intent of the Personnel System
(1)
Employment Standards. The City Council and all the citizens of the
City of Tustin have the right to expect that the City will employ the
best qualified persons available; that the tenure of every City
employee will be based on a demonstrated need for the work performed,
availability of funds, faithful and effective performance, proper per-
sonal conduct, and continuing fitness for the position; and that each
employee will be encouraged, trained, and developed to assure optimum
performance.
City Responsibility to Employees: Each employee of the City of Tustin
has the right to expect to be fully informed of his or her duties and
responsibilities, to be provided with adequate administrative and
supervisory direction; to be informed of how well he or she is
performing job duties, and level of performance; that promotions will
be made on the basis of merit and ability; that progressively improved
work performance over an extended period will be recognized and
rewarded; that incompetence will not be tolerated; and to not be
subject to suspension, demotion, dismissal or other disciplinary
action without just cause.
(3)
Promotion and Training of Employees: The City of Tustin will endeavor
to promote from within the service to fill openings whenever possible,
and to provide employees with the training necessary to develop the
skills required to qualify for promotional opportunities within normal
career lines.
Page 2
Fe
Ge
Discrimination. No person applying for employment by the City or employed
by the City shall be discriminated against by reason_of his or her political
affiliations, race, creed, religion, national origin, sex, age, color, or
physical handicap.
Violation of Rules. Violation of the provision of these rules shall
constitute grounds for dismissal, rejection or suspension. A violation
shall not make dismissal, rejection or suspension mandatory but shall be
given such weight as shall be appropriate in view of all the circumstances.
Personnel Officer. The Personnel Officer of the City is the City Manager.
The City Manager may delegate any personnel powers or duties to another
officer or employee of the City, or may recommend to the City Council that
certain personnel powers or duties be performed under contract by a
qualified individual or firm. The City Manager shall:
(1) Prepare and recommend to the City Council, personnel rules and
regulations and revisions thereto;
(2) Administer the provisions of the City's merit system not specifi-
cally reserved to the City Council.
Amendment and Revision of Rules. The City Council shall adopt or amend
these rules by resolution and upon not less than five (5) days notice to
employees. Employees at the Council meeting shall be given an opportunity
to present their support or objection to the .proposed rules.
Administrative Rules and Regulations. These rules do not preclude the City
Manager or individual City department from developing and administering
supplemental personnel rules and regulations, as long as they do not coflict
with these rules, other Council resolutions and ordinances, or existing
laws.
Application of Rules. The provisions of these rules shall apply to all
positions and employees of the City of TuStin except:
(1) Elected City Council Members;
(2) Elected City Clerk;
(3) Members of appointive boards, commissions, committees and
agencies other than regular City employees;
(4) City Manager;
(5) City Attorney;
Page 3
(6)
(7)
(8)
Persons engaged under contract to supply expert professional,
technical or other services;
Volunteer personnel who are not regular,-salaried employees;
Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as extraordinary
fire, flood, or earthquake, which threatens life or property.
The City Manager shall appoint all Department Heads, officers and employees of
the City, except the City Clerk, City Treasurer, and'the City Attorney, provided
that the Manager may delegate to any other Department Head, officer, or employee
the authority to hire or discharge any employees or officers so designated by
the Manager.
Hiring of Relatives. These rules shall not prohibit the employment or
assignment of relatives in the same or different department.except as
outlined below. For the.purpose of this section, a relative shall be
described as any person who is a relative by blood or marriage within the
third degree.
(1)
No person who is a relative of any City Council member, the City
Manager, any Department Head or any other officer having
appointive power shall be appointed to a salaried position within
the City service.
(z)
No relatives shall be employed in positions where one has
supervisory responsibility over the other or where they would
report to the same supervisor.
(3)
N~ relatives shall be employed in positions where one would have
access to confidential and privileged information concerning the
other. Exceptions to this rule may be granted by the Department
Head (with City Manager's approval), where, in the judgement of
the Department Head, the access to confidential and privileged
information would not be detrimental to City operations.
(4)
In the case of violations of this rule, remedy may be sought
through transfer or demotion within the City service or
termination of one party, as determined by the Department Head to
be appropriate. All actions intended to remedy violations of
this section are subject to the review and approval of the City
Manager.
Where a conflict exists between items stated in these Rules and Regulations
and an adopted Memorandum of Understanding with a recognized majority
representative, the Memorandum of Understanding shall prevail.
K. Where a conflict exists between items stated in these Rules and Regulations
and existing State Law, the State statutes shall prevail.
Page 4
SECTION 2. DEFINITION OF TERMS
The following terms, whenever used in these rules shall be defined as
fol 1 ows:
Advancement - a salary increase of one or more steps within the limits of
the pay range established for a class.
Acting Appointments - the appointment for a limited period of a person who
is already a PrObationary or regular employee to a position in a higher
class for which there is no employment list, or which is temporarily vacant
due to a suspension, termination, or authorized 1. eave of absence.
Allocation - the allocation of a single position to the proper class in
accordance with the specifications for that class, or, the assignment of a
class to a salary range or salary rate.
Appointing Authority - The City Manager shall be the final appointing
authority for all positions within the City Service.
Applicant - an individual who has completed and submitted an application for
employment with the City.
A~pointment - the offer to and acceptance by a person of a position in the
City service, either on a regular or temporary basis.
'Calendar Da~s - Consecutive days on the calendar.
Calendar Year - 365 calendar days.
Class - a group of positions sufficiently similar in duties, responsibili-
~ authority, and minimum qualifications for employment to permit combin-
ing them under a common title and equitable application of common standards
of selection, compensation, and promotion.
Class Specifications - a written description of a class, setting forth fac-
tors and conditions which are essential characteristics of positions in the
class.
Code - the Tustin City Code.
Compensation Plan - the assignment by the City Council of salary ranges to
each class, normally included in the annual City Budget.
Compensatory Time - time off from work in lieu of monetary payment for over-
time work.
Contract Employee .- an employee hired by written agreement with the City
for a specific term and under conditions wholly contained within the
employment agreement.
Continuous Service - the employment without an uncredited break or interrup-
tion of service of an employee in a probationary or regular status.
Days - All references to days are to be counted in calendar days unless
specified as working days.
Page 5
Demotion - the voluntary or involuntary reduction of a regular employee from a
position in one class to a position in another class having a lower maximum rate
of pay.
Dismissal - the involuntary separation of an employee from the City service.
Eligible - a person whose name is on an employment list.
Employee - an individual who is legally employed by the City and is compensated
through the City payroll.
Employment List:
{a) Open employment list: A list of names of persons who have taken an
open competitive examination for a class and have qualified.
(b) Promotional employment list: A list of names of persons who have
taken a promotional examination for a class and have qualified.
(c) Re-employment list: A list of names of qualified regular and
probationary employees who have been laid off.
Examination:
(a) Open competitive examinatibn: An examination for a particular class
which is open to all persons meeting the qualifications for the class.
(b)~
Promotional Examination: An examination for a particular class,
admission to the examination being limited to employees of the City
who meet the qualifications of the class because of unique or special
knowledge .which could only be acquired through on-the-job training
with the City.
Job Sharing - the sharing of one full-time, regular position by two employees
at the employee's request, with the same scheduled work hours, salary and
benefits divided between them.
Original Appointment - a person's first appointment as a City employee.
Overtime - the working by a probationary or regular employee in a full-time
position of more authorized hours than are required for a full work shift for
'the position.
Part-Time Employee - an employee in a part-time position.
Part-Time Position - a position having a work week of fewer hours than the full
work week established for a full-time position in the class. A part-time posi-
tion may be either temporary or permanent.
Permanent Position - a full-time or part-time position that is individually
authorized in the budget and which is expected to exist indefinitely.
Position - a combination of duties and responsibilities assigned to a single
employee and performed on either a full-time or part-time basis.
Probationary Employee - an employee who has a probationary appointment to a per-
manent pos~tlon.
Page 6
Probationary Period - a working test period that is part of the selection pro-
cess and during which an employee is required to demonstrate fitness for the
duties of the position to which he or she has been appointed by actual
performance of such duties. The term "initial probation period" shall mean an
employee's first probation period during continuous City_employment.
Probationary Status - the status of a person during the probationary period.
Promotion - the advancement of an employee from a position in one class to a
position in another class having a higher maximum rate of pay.
Provisional Appointment - an appointment of a person 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 eligible candidates.
Reinstatement - the re-employment without examination of a former regular or
probationary employee.
Regular Appointment - the regular employment of a person in a permanent
full-time position. A regular appointment follows successful completion of a
'probationary period.
Regular Status - the status of an employee who has acquired a regular full-time
appointment.
Rejection - the involuntary separation from the City service of an employee who
does not successfully complete the probation, period in a position and who does
not have regular status in another position in a different class, or the reduc-
tion of an employee who did not succ&ssfully complete the probation period in a
position to another position in a different class in which he or she has
previously acquired regular status.
Relative - any person who is related by blood or marriage within the third
degree: children, parents, grandchildren, grandparents, brothers, sisters,
nephews, nieces, aunts, uncles, great grandchildren and great grandparents.
Reprimand - an oral or written censure made as a disciplinary action.
Reserve Officer - any person serving the City of Tustin as a volunteer, reserve
or auxiliary police officer. Such person shall not be considered to have
attained a regular appointment to either a permanent or part-time position.
Every reserve officer shall serve at the discretion of the Chief of Police and
may be terminated without the right of pre-disciplinary hearing or right of
appeal.
Resignation - the voluntary separation of an employee from the City service.
Salary Plan - see Compensation Plan.
Salary Range - one or more specific salary rates having a percentage relation-
ship to one another, assigned to a class of positions as the compensation for
that class.
Page 7
Salar~ Review Date - the future date on which a probationary or regular employee
is eligible, on the basis of satisfactory job performance for a prescribed
period, for a merit salary advance within the salary range established for the
position the employee occupies.
Salary Step - one of the established levels of pay within a prescribed salary
range, usually designated by a letter.
Suspension - as a disciplinary action, the temporary separation with or without
pay of an employee from the City service.
Temporary Position - a full-time or part-time position of limited duration.
Termination - the separation of an employee from the City service because of
retirement, resignation, death or dismissal.
Transfer - a change of an employee from one position to another position in the
same class or in another class having the same maximum salary rate, involving
the performance of basically similar duties and requiring substantially the same
minimum qualifications.
~a' an authorized position that is not occupied by an employee having
probationary or regular appointment to the position.
Working Days - non-consecutive days upon which an employee is scheduled to
work. For the purposes of appeal or grievance rights under these rules, where
there is a difference in work schedules between a Department Head and an
employee, working days should be counted based on the employee's schedule.
Work Schedule - the assignment of a position to a work shift or series of work
shifts in a seven (7) calendar-day period.
Work Shift - the number of working hours per day required of an employee occupy-
ing a particular position.
Work Week - the number of working hours in a seven (7) calendar-day period as
established for a particular position or class.
GENDER
The masculine gender shall include the feminine and neuter and the feminine
gender shall include the masculine and neuter, unless otherwise stated or indi-
cated in the context. Singular number shall include the plural and the plural
form shall include the singular unless otherwise stated or indicated in the con-
text.
SECTION 3. CLASSIFICATION PLAN
Page
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Purpose. The Classification Plan provides a complete inventory of all posi-
tions in the City service and an accurate description and specifications for
each class of employment. The Plan standardizes titlgs, each of which is
indicative of a definite range of duties and responsibilities and has the
same meaning throughout the service.
Preparation of Plan. The City Manager shall determine the duties and
responsibilities of all positions in the service with the assistance of
the Personnel Department and Department Heads, and shall recommend a Classi-
fication Plan for such positions to the City Council. The Classification
Plan shall define each class by a class specification, including title, a
description of typical duties and responsibilities and a statement of the
training, experience and other qualifications to be required of applicants.
The Classification Plan shall maintain all positions substantially similar
with respect to duties, responsibilities, authority, and character of work
within the Same class.
Adoption of Plan. The City Council shall adopt or amend the Classification
Plan by resolution and upon not less than five {5) days notice to
employees. Suggested amendments and revisions of the Plan by any interested
party shall be submitted to the City Council through the City Manager.
Allocation of Positions. Following the adopting of the Classification Plan,
the City Manager shall allocate every position in t~e service to one of the
classes established by the Plan.
New Positions. Each new position of a new class shall be included in the
Classification Plan by amendment and and appropriate employment list esta-
blished before the position may be filled, except as otherwise provided by
these rules.
Reclassification. A position the duties and responsibilities of which have
been determined by job analysis to have changed substantially shall be
allocated to a new and appropriate classification upon recommendation of the
Department Head and review and approval of the City Manayer.
Use of Class Titles. Class titles are to be used in all personnel, account-
lng, budget, appropriation and financial records. No person shall be
appointed to or employed in any permanent position in the service under a
title not included in the Classification Plan. Uther job titles may be used
in the course of departmental routine to indicate authority, status in the
organization, or administrative rank.
Use of Class Specifications. Specifications are to be interpreted in their
entirety and in relation to others in the Classification Plan. Particular
phrases or examples are not to be isolated and treated as a full definition
of the class. Specifications are deemed to be descriptive and explanatory
of the kind of work performed, and not necessarily inclusive of all duties
performed.
Page g
Use of Classification Plan. The Classification Plan is to be used as
fol 1 ows:
(1) A guide in recruiting and examining cand{dates for appointment
and promotion.
(2) In determining lines of promotion.
(3) In determining salary to be paid for various types of work.
(4) In determining personnel service items in departmental budgets.
(5) In providing uniform jOb terminology understandable by all City
officials and employees and by the general public.
Working Out of Class. No employees shall be required to perform duties
which are not closely related both in kind of work and in level of responsi-
bility to the duties normally assigned to positions in the employee's
class, except on a short-term basis not to exceed one month or on a
temporary or emergency basis. If it is necessary for an employee to work
out of class for a period of time exceeding 30 days, request shall be made
by the department for reclassification to a .more appropriate class or to an
acting appointment.
Page 10
SECTION 4. COMPENSATION PLAN
Am
Preparation of Plan. The Cilty Manager shall prepare a Compensation Plan
covering all classes of positions in the service, showing the minimum and
maximin rates of pay. In arriving at such salary ranges, consideration
shall be given to prevailing rates of pay for comparable work in public and
in private employment, including consideration of conditions of work as well
as basic pay; to current costs of living; to suggestions of department
heads; and to the City's financial condition and policies. The City Manager
or the person or agency employed for that purpose shall thereafter make such
further studies of the Compensation Plan as may be requested by the City
Council.
Bm
Adoption of Plan. The City Council shall adopt, amend and revise the
Compensation Plan by resolution, as a part of the annual City Budget or
separately.
Ca
Format of Plan. All full-time position classes, except those placed on a
flat rate of pay, shall be placed on a salary range containing a designated
number of salary steps with five percent (5%) increments between steps.
Each step in a range shall be lettered alphabetically from the lowest step
desfgnated as A to the highest step.
Meet and Confer Process. The preparation of the compensation plan shall be
subject to the meet and confer process with the appropriate representatives
of recognized employee organizations.
Page
SECTION 5. SALARY ADMINISTRATION
Application of Rates. Employees occupying a position in the service shall
be paid a salary or wage within the range established for that position's
class under the Compensation Plan.
B. Basis of Compensation
(1)
Full-time Regular, Probationary, and Acting A~pointment. An employee
having a regular, probationary or acting appointment that is on a
full-time basis shall be compensated at a monthly rate, paid bi-
weekly.
(2)
Other Appointments. An employee having any other type of appointment
shall be compensated at an hourly rate, paid bi-weekly. If a monthly
rate is established for the position, the hourly rate will be computed
by dividing the monthly rate by 173.33.
Ce
Salary Review Dates. Any officer or employee of the City shall have as a
salary review date the date upon which he or she shall next be eligible for
consideration of a merit step increase. However, any approved leaves of
absence without pay exceeding thirty (30) days will result in the
establishment of a new review date. Such date shall be based on the
existing salary review date plus the number of calendar days of leave' in
excess of thirty (30) days. Salary adjustments such as normal increases and
promotions shall be made at the start of the pay period closest to the
employee's salary review date unless otherwise authorized by the City
Manager.
D. Entrance Salary Rates:
(1)
General. All new employees shall normally be appointed at the "A"
step of the salary range in effect for the class in which the appoint-
ment is made. The City Manager may, however, approve initial City
employment at a salary rate up to and including the final step of the
salary range for cause, such as difficulty.in recruiting, previous
experience, or other related factors.
(2)
Temporary Appointees. Persons employed or re-employed for temporary
.or seasonal service may, upon written recommendation by the Department
Head and approval by the City Manager, be compensated at any rate
established for the class.
Normal Increases Within the Salary Range. Full-time employees may be
considered eligible for increase in salary according to the following
schedule. Part-time position classes having salary ranges with less than
five (5) steps may have a different criteria or schedule for advancement
prescribed by the City Manager.
(1)
The letters, A, B, C, D, E, F and G respectively, denote the various
progressive steps in the pay range.
Page
Employee shall be eligible to move from salary step "A" to salary step
"B" upon completion of six months of employment where the employee has
demonstrated satisfactory performance. _
(3)
Employee shall be eligible to move from salary step "B" to salary step
"C" and thereafter to each step through the final salary step in the
employee's salary range upon completion of one year at the salary step
where the employee has demonstrated satisfactory performance.
(4)
For all employees eligible to advance between salary steps the
Department Head shall submit to the Personnel Department a written
evaluation and recommendation to approve, delay, or deny the advance-
ment. All advancements between salary steps are subject to approval
by the City Manager.
F. Salary in Other Instances. Other salary adjustment~ will include:
(1)
Special Salary Adjustments. Notwithstanding anything in these rules
to the contrary, in order to correct gross inequities oP to reward
outstanding achievement and performance, the Council may, upon
recommendation of the .Department Head and approval of the City
Manager, adjust the salary rate of an incumbent of a particular posi-
tion to any step within the salary range for that class.
(2)
Salary on Promotion. An employee who is promoted shall be assigned to
the lowest step of the new salary range which allows an increase over
salary at the time of promotion. The Department Head may recommend
assignment to a higher salary step based on special circumstances.
Date of promotion will establish new salary review date and employee
shall be eligible for next merit increasej based on salary step, in
accordance with Section 5.E. of these rules.
(3) Salary on Demotion. An employee who is demoted shall have his or her
salary set at a salary step in the range for a lower class as follows:
(a) Involuntary Demotion: To any salary rate which is less than
employee's salary rate at time of demotion.
(b) Voluntary Demotion: To the highest salary rate which does not
exceed the employee's salary rate at time of demotion.
(c) Employee shall be eligible for next merit increase, based on
salary step, in accordance with Section 5.E. of these rules.
(d)
An employee who is demoted shall not be required to serve a new
probationary period, except that if demoted to a class in which
the employee has no previous experience a probationary period of
one year will be required.
(4) Salary on Transfer. Any employee who is transferred shall continue to
receive the same salary rate and salary review date shall not change.
Page 13
(5)
(6)
Salary Range Increase: Whenever a class is reassigned to a higher
salary range, the salary of each incumbent on the effective date of
the increase shall be increased to the corresponding step in the new
range and his salary review date shall not change.
Compensation for Portion of Pay Period. A regular or probationary
appointee serving on a full-time basis who works less than a full bi-
weekly pay period, except when on authorized leave of absence with
pay, shall receive as compensation for such period an amount equal to
the number of hours worked times the employee's hourly rate. The
number of hours worked in such pay period shall include paid holidays.
Overtime and Additional Compensation. A Department Head may prescribe
reasonable periods of overtime work to meet operational needs of the depart-
ment. Except as otherwise provided herein, overtime shall either be paid at
the hourly equivalent of the employee's monthly salary rate or granted as
equivalent compensatory time off. The method of compensation shall be at
the discretion of the Department Head.
(1)
Full-time Probationary and Regular Appointees. The following provi-
sions shall apply to all full-time regular and probationary appoin-
tees.
(a) Standby Duty. Standby duty in classes designated by the City
Manager shall be compensated in accordance with the appropriate
salary resolution.
(b) Call-Back Duty. In addition to standby compensation, if any,
· employees in classes designated by the City Manager shall receive
call-back compensation in accordance with the appropriate salary
resolution.
(2)
(c)
Overtime Compensation. City shall pay overtime to all
non-management general employees as established in the
appropriate salary resolution.
Other Employees. Part-time, temporary, or provisional employees shall
be paid at the hourly rate established for their class based on the
number of hours actually worked.
Page 14
(3)
Jury Duty. No deduction shall be made in the_salary of an employee
who serves on a jury if he or she has remitted to the City the fee for
such jury duty except subsistence and travel allowances. If the
employee has not so remitted the' jury fee, he or she shall be paid
only for the time actually worked in the City position. An employee
accepted for jury duty shall immediately notify the Department Head in
writing whether or not the jury fee will be remitted to the City.
(4)
Shift Briefing. No overtime credit shall be allowed positions such as
in the Police Department for briefing sessions prior to the commence-
ment of their assigned shift. The Department involved, however, shall
attempt to provide equivalent time off'for lunch or other personal
matters where possible while maintaining the work shift at the level
established by these rules with available personnel.
(5)
Training and Qualifying Time. No overtime credit shall in general be
allowed for training classes, or, where required by the department
except for regular semi-monthly weapons qualifications. The
Department Head may approve specific special training exercises at
which compensation will be authorized, however.
Educational Incentive Compensation. All employees, except Department Heads,
shall be eligible for Educational Incentive Compensation in accordance with
the appropriate salary resolution.
Bi-Lingual Pay. Employees shall be eligible for bi-lingual pay in
accordance with the appropriate salary resolution.
Page ].5
SECTION 6. RECRUITMENT AND APPOINTMENT
Applications. Announcements of openings shall be publicized as determined
by the Personnel Department to comply with the purposes of the merit system
and shall normally specify the title, salary, nature of work performed,
qualifications required, and manner of making application. Applications
shall be made as provided by the Personnel Department. All applications
filed on time by a qualified person shall be accepted unless rejected for
cause as herein provided.
Rejection of Applications. The Personnel Department may reject any appli-
cation when the applicant does not meet the minimum qualifications for the
position; is physically unfit to perform the duties of the position; has
been convicted of a crime involving moral turpitude; has been convicted of
a felony if applying for a police officer position; has made any false
statement of any material fact or has attempted to practice any deception
or fraud in the application. A defective or incomplete application may be
rejected or returned to the applicant for correction. The Personnel
Department shall state the reasons for rejection of an applicant.
Examinations. The Personnel Department shall measure and rank the relative
capacities of the persons examined to perform within that class by using
one or more techniques such as: application review, personal interview,
achievement test, performance test, physical agility test, psychological
test, psychiatric test, character and credit investigation, and evaluation
of work sample or daily work performance.
(1)
Promotional and Open-Competition Examination. All vaaancies shall be
filled by open, competitive examination except as otherwise provided
in these Rules and Regulations. Any person meeting the requirements
specified in the open, competitive examination announcement may com-
pete therein. Promotional examinations may be used to fill vacancies
when determined by the City Manager to be necessary, not likely to
have an adverse effect on the City's Affirmative Action program and in
the best interests of the City. Only persons who meet requirements
set forth in an examination announcement may compete.
(2)
Scoring Examinations. A candidate's score in a given examination
shall be the average of his or her scores on each competitive part of
the examination, weighed as shown in the examination announcement.
Failure on one part of the examination may be grounds for declaring
such applicants as failing in the entire examination or as
disqualified for subsequent parts of an examination. The Personnel
Department may include tests which are qualifying only and not
averaged in candidates' scores.
(3)
Notification of Results. Each candidate shall be given written notice
of his or her examination results. In the case of a written
examination, any candidate shall have the right to inspect his or her
own examination papers within five (5) working days after the notice
of examination results are mailed unless the test is from a source
which prohibits a review of the test. Grading errors called to the
attention of the Personnel Department within this period shall be
corrected but shall not invalidate appointments previously made.
Appointments shall be delayed until expiration of the inspection
period unless an exception is approved by the Personnel Department.
Page 16
De
Employment Lists.
{1) Promotional and Open. Applicants who have qualified in the examina-
tion shall be placed on promotional or open employment lists as the
case may be, in the order of their competency from the highest to
lowest. Such lists may remain in effect for one calendar year unless
extended by the Personnel Department for a maximum of two six-(6)
month additional periods, unless sooner exhausted. Open employment
lists may be maintained as the result of continuous examination with
names placed on such lists for one year and merged with any others
already on the list in order of final scores. New promotional or open
employment lists may be requested by the City Manager when they
contain fewer than three names or for reasonable cause.
(2)
(3)
Re-employment Lists. The names of probationary and permanent employ-
ees who have been laid off pursuant to these rules may, upon request
at the time of lay-off, be placed on appropriate re-employment
lists, in the order of their competency and service, for a period of
one calendar year unless sooner re-employed.
Removal of Names. The Personnel Department shall notify and rem6ve
the name of any person appearing on any list if such. person requests
removal, resigns from the City service, or fails to respond without
excuse to a scheduled interview of which the individual was notified.
E. Appointment.
(1)
(2)
Eligibles Available. The City Manager shall fill any part-time or
full-time permanent, temporary, or project vacancy from those cer-
tified according to the following priority: re-employment list (manda-
tory), transfer orldemotion, promotion list (preference), open com-
petitive list. A physical examination is a pre-requisite to employ-
ment with the City of Tustin.
Eligibles Not Available. In the absence of eligibles from which
appointment may be made, a person meeting the employment standards for
a vacant position may be given a provisional appointment or temporary
appointment to a temporary position. The appointment shall be subject
to acceptance by the Personnel Department that the applicant meets the
employment standards before becoming effective. An employment list
shall be established within six (6) months for any permanent position
filled by a provisional appointment. No special credit shall be
allowed a provisional or temporary appointment in meeting employment
standards for any open competitive examination, in determining rights
under these rules, establishing eligibility for benefits, or against
the probationary period. Provisional appointments shall be made for a
period not to exceed six months.
Page 17
(3)
(4)
(5)
Project Appointment. Project employees are those employees who hold a
position which has been authorized by the Cit~ Council for a pres-
cribed period of time or for the duration of a specified project.
Project employees shall be employed as if for normal employment and
shall be given written notice of the limited nature of their employ-
ment and of the fact 'they shall not earn the right to employment past
the pePiod authorized. Project employees shall receive the normal
fringe benefits to which they would otherwise be entitled if permanent
employees.
Emergency Appointment. The City Manager may employ such persons as
may be needed for the period of an emergency which threatens life,
property, or the general welfare of the City, without regard to the
regulations as to recruitment and appointments in these rules.
Contract Appointment. Individuals who perform work on a contract
basis for the City shall not be considered as employees for the
purpose of these rules and shall be entitled to only those benefits,
rights and privileges as outlined in the employment contract.
Page .18
SECTION 7. PROBATIONARY PERIOD.
Regular Appointment Following Probationary Period. All original and
promotional appointments shall be tentative and subject to a probationary
period of not less than one year; provided, however, that the Department
Head may recommend to the City Manager to extend for a period not to exceed
ninety (gO) days the probationary period of any employee of the City. The
City Council may, by resolution, establish a longer probationary period for
specified classes.
At the end of probation, the Department shall submit to the Personnel
Department the appropriate documentation designating release from probation
or termination.
Objective of Probationary Period. The probationary period shall be
regarded as a part of the testing process and shall be utilized for observ-
ing the employee's work, for securing the most effective adjustment of a
new employee in the position, and for rejecting any probationary employee
whose performance does not meet the required standards of work.
Rejection of .Probationer. During the probationary period,-an employee may
be rejected at any time by the Department Head with approval of the City
Manager without cause and without the right of appeal. Notification of
rejection in writing shall be served on the probationer and a copy filed
with the Personnel Department.
Rejection Following Promotion. Any employee rejected during the proba-
tionary period (following a promotional appointment) shall be reinstated to
the position and status from which promoted unless he or she shall have
been discharged, suspended without pay, or shall have resigned pursuant to
these rules.
Promotion During Probationary Period. An employee promoted to a position
with a greater maximum rate of pay than the original appointment shall be
deemed a new probationary employee and will commence a new probationary
period on the effective date of the promotion.
Extension Due to Leave of Absence. Any leave of absence without pay
exceeding fifteen (15) days shall cause the employee's probationary period
to be extended by the number of days of such leave that are in excess of
fifteen (15) days.
Page i9
SECTION 8. ATTENDANCE & LEAVES
Ao Attendance. Employees shall be in attendance at work in accordance
with the rules regarding hours of work, holidays, and leaves.
{1)
All Departments shall keep daily attendance reCords of employees which
shall be reported to the Finance Department in. the form and on the
dates specified by the City Manager.
(2)
Any employee who is absent from duty shall repo~ the reason for such
absence to the Department Head or immediate supervisor prior to the
date of expected absence whenever possible and in no case later than
two {2) hours after the beginning of one's normal work shift except in
the Police Department where such notice shall be two (2) hours before
the beginning of the employee's normal work shift. Absences not
reported in such manner may be considered absence without leave. A
deduction of pay shall be made for the duration of any absence without
leave. Upon return to work, such absence shall be justified to the
Department Head who shall consider the need for further disciplinary
action.
(3)
Failure on the part of an employee absent without leave, and without
~easonable cause, to return to duty as established in written
notification to return shall be cause for immediate discharge.
(4)
Failure on the part of an employee absent without leave and without
reasonable cause to report to work for three (3) consecutive work
shifts shall be cause for immediate discharge.
Be
Hours of Work. Unless otherwise prescribed in writing by the Department
Head the work week, work shift, and work schedule for each position shall
be as follows:
(1) Work Week. The work week for all full-time positions shall be forty
(40) hours.
(2) Work Shifts. The work shift for all full-time positions shall be
eight (8) hours except as otherwise approved by the Department Head.
(3) Work Schedule. Work schedules for each position shall be as esta-
blished by the Department Head.
Continuity of Service Requirements. Continuous service, as required for
advancement within salary ranges and for other purposes specified in these
rules, is defined as City emplo~ent on a probationary, regular or acting
appointment basis without break or interruption.
Authorized leaves of absence without pay of thirty (30) days or less and
leaves of absence with pay for any period shall not constitute an
interruption of an employee's continous service and shall not be deducted
in computing total City service. Authorized leaves of absence without pay
in excess of thirty (30) days shall be deducted in computing an employee's
total City service for advancement in salary range and for other purposes
specified in these rules.
Page
Approval of Leaves. Any leave of absence, including General Leave, in
excess of thirty (30) days duration, must be approved by the City Manager.
Department Heads will approve employee leaves of thirty (30) days or less.
General Leave. General leave is a multi-purpose leave providing for the
needs of the employee for vacation, personal affai?, and non-job-related
illness or injury.
(1) '
General leave with pay is granted to each full-time regular and
probationary employee at the rates established by the appropriate
salary resolution.
General leave may be accumulated to a maximum of twice the employee's
annual entitlement. Any general leave exceeding the authorized maxi-
mum accumulation shall be forfeited as of the first pay period
following January ! of each year or upon termination.
(3)
Each full-time regular and probationary member of the Police Depart-
ment may schedule his or her annual leave in connection with normal
days or shifts off so as to receive sixteen {16) consecutive calendar
days or more of vacation in accordance with these rules and
regulations and Sections 38634 and 53250 of the Government Code.
(4)
General leave may not be used at the time of'termination of employment
and all accrued but unused general leave credits shall be paid off at
the employee's current hourly rate except that no payment shall be
made to an employee who has not completed six ('6) months of continuous
service nor shall any payment be made for unused credits in excess of
the maximum accrual of these rules.
(5)
When, in the judgement of the Department Head, based on an objective
investigation, the employee's explanation of alleged sickness is
inadequate, he or she shall indicate on the payroll form that the
absence was absence without leave, and without pay. In addition
thereto, the Department Head may impose such discipline as in his or
her discretion seems warranted.
(6)
The time during the calendar year at which an employee may take leave
shall be determined by the Department Head with particular regard for
the needs of the service and with consideration for the preference of
the employee.
(7) In the event one or more municipal holidays fall within a general
leave period, such days shall not be charged as general leave.
(8)
General leave shall not accrue during any leave of absence without pay
of a non-job-related nature. General leave accrual during Long Term
Disability Leave shall be as outlined in the appropriate plan docu-
ment.
(9) Pay in lieu of general leave will only be granted upon termination of
City employment, or upon a finding of hardship by the City Manager.
Page 21
F. Accumulated Sick Leave
(1)
(2)
(3)
(4)
Ge
Each employee shall have the option during the month of danuary of
each year to convert four (4) hours of heretofore accrued sick leave
to one (1) additional hour of general leave, with a maximum conversion
of sixty-four (64) hours accumulated sick leave per calendar year to
sixteen (16) hours of additional' general leave.
Any employee required to be off work due to illness or injury for
three (3) consecutive work days or longer may request permission to
use accumulated sick leave to his or her credit, if any, commencing
with the fourth day off and continuing until his or her return to
work. In the event any employee is required to be off work for more
than seven (7) general leave days, whether consecutive or not, per
year, due to illness or injury, the employee may request that all
additional required time off due to illness or injury be charged to
the accumulated sick leave existing to his or her credit, provided the
employee indicates the nature and reason of the absence to his or her
department at the time of absence.
Use of accumulated sick leave is subject to City's right to require a
physician's certificate, personal affidavit, and/or other evidence of
the adequacy of the reason for the employee's absence.
When, in the judgement of the Department Head, based on an objective'
investigation, the employee's explanation of alleged sickness is
inadequate, he or she shall indicate on the payroll form that the
absence was absence without leave, and without pay. In addition
thereto, the Department Head may impose such discipline as in his or
her discretion seems warranted.
($)
Termination of an employee's continuous service shall abrogate all
sick leave accrued and unused to the time of termination, regardless
of whether or not such person subsequently re-enters the City
service. Employees shall not be entitled to receive any pa~ent for
unused sick leave accrued to his or her credit at the time of
termination of emplo~qnent for any reason including retirement for
service or disability, resignation, death or dismissal.
Holidays
(1)
(2)
(3)
Any full-time regular or probationary employee whose regular schedule
requires him or her to work on a holiday shall be compensated in
accordance with the appropriate salary resolution.
This section shall not apply to any employee hired on a part-time tem-
porary, extra help, hourly, or daily basis.
Employees shall be eligible for those holidays provided in the appro-
priate salary resolution, subject to the other provisions of this sec-
tion.
Page
(4)
For each designated holiday, full-time regular and probationary Police
Personnel on shifts shall be compensated in accordance with the
appropriate salary resolution.
H. Other Leave of Absence.
(1) Leaves With and Without Pay.
(a)
30 Days or Less. Upon the written recommendation of the Depart-
ment Head, the City Manager may authorize special leaves of
absence without pay for one or more periods not to exceed thirty
(30) days in a calendar year for any purpose deemed by the City
Manager not to be detrimental to the City.
(b)
In Excess of 30 Days. The City Council may, upon the recommen-
dation of the City ~nager, grant leaves of absence with or with-
out pay in excess of thirty (30) days for purposes deemed by the
City ~nager to be beneficial to the City.
(2)
Military Leave. A member of the National GuarU or Military Reserve
ordered to annual military duty, excluding weekend and other routine
drill periods, who is a full-time regular or probationary employee,
and who has not less than one (1) year of City service, shall receive
full salary as provided in the State of California Military and
Veteran's Code, for a period not to exceed thirty (30) calendar days
per year. Such' an employee with 'less than one (1) year of service
shall receive one-twelfth (1/12) of the amount of City salary that
would have been received for the like period of time covered by mili-
tary leave, for each month of completed City service. Except for
holidays occurring during the leave period, employees on military
leave are not subject to loss of any employee rights such as accrual
of general leave, seniority, and other privileges. Re City reserves
the right to schedule police department employees and other flexible
schedule employees so that drill periods coincide with ordinary off-
duty time for which the employee will not receive compensation.
(3)
Jury Duty Leave. All employees will be encouraged to serve on jury
duty ~en summoned. Any full-time, regular or probationary employee
on jury duty will receive full City salary. All amounts payable to
the employee for jury duty except for mileage and subsistence reim-
bursements, will be paid by the City.
(4) Pregnancy.
(a)
In all cases of pregnancy, the employee shall furnish the City a
statement from her physician giving the anticipated date of
delivery and the opinion of the physician as to her ability to
perform her normal work assignment. Such statement shall be fur-
nished as soon as practicable after a determination of the preg-
nancy has been made.
Page 23
(5)
(b)
A pregnant employee will be permitted to work as long as, and
return to work when, she is able to safely perform the duties of
her position as recommended by her attending physician, and as
approved by the City-designated physician.
(c)
A pregnant employee shall be allowed to be absent for the period
during which, in the opinion of her attending physician and,
where necessary, the City designated physician, she is tempor-
arily disabled because of pregnancy, miscarriage, abortion or
childbirth and recovery therefrom and such disability shall be
treated as any other disability pursuant to the general leave and
long term disability leave provisions of these rules. Additional
optional leave of absence may be granted upon the request of the
employee and the approval of the City.
Industrial Disability Leave. Any public safety employee of the City
who is a member of the Public Employees Retirement System and is
disabled temporarily or permanently by injury or illness arising out
of and in the course of job duties, shall be paid in accordance with
all applicable laws. Such salary shall be in lieu of temporary
disability pa~ents which would otherwise be payable.
Any employee, other than public safety employees having a full-time,
regular ~ppointment, who, by reason of a bodily injury occurring in
the course and scope of emplo~qnent, as contemplated by the Worker's
Compensation laws of the State of California, is disabled from
performing the duties of his position to a substantial degree, shall
be paid:
(al Full salary up to a maximan of three (3) months if they have less
than three (3) years of city service.
(b) Full salary up to a maximum of six (6) months if they have more
than three (3) years of city service
(c) Benefits will be terminated upon any of the following:
(1) Employee returns to duty.
(2) Temporary disability pajnnents are terminated by means of
agreed settlement or permanent disability rating.
(3) Employee retires from City service.
Whichever occurs first.
The City reserves the right to require an employee to return to work
if such duties as would not be prohibited by the nature and degree of
disability can be provided, and to require an examination by
competent medical authority to determine the employees ability to
return to such emplo~nnent.
Page 24
(6)
(7)
Disability leave for all employees shall be su~bject to the following
conditions:
(a)
(b)
Prior to the time the Worker's Compensation laws provide
compensation payments, the City shall pay regular wages or
salary;
Thereafter, the City will pay only the difference between the
Worker's Compensation benefits and the employee's regular wages
or salary. To facilitate pajnnent and administration, the City
shall make full salary payment to employee, and employee shall
properly endorse and deliver to the City all checks received as
payment for temporary disability under the Worker's Compensation
laws.
(c) During the time that employee is disabled by reason of bodily
injuries incurred during the course and scope of employment,
neither general leave nor accumulated sick leave shall be charged
for the purpose of paying compensation leave benefits.
(d) Any regular, full-time employee shall continue to accrue general
leave and to earn eligibility for consideration for merit salary
increases during an absence resulting from an on-the-job injury,
provided he or she received compensation payments under the
provisions of the California Worker's Compensation law.
Long Term Disability Leave. Any full-time, regular employee who is
totally disabled by reason of a bodily injury or illness (including
pregnancy) incurred either on or off the job, shall be entitled to
receive Long Term Disability Benefits in accordance with the current
approved Long Term Disability Plan.
Bereavement Leave. The City shall allow time off for bereavement
leave in accordance with the appropriate salary resolution.
Page 25
SECTION 9. TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND REINSTATEMENT.
Transfer. After notice to the Personnel Department, an employee may be
transferred by the City ~nager at any time from one position to another
position in the same or comparable class.
Be
Promotion. Whenever possible all vacancies within~the City service shall
be filled by promotional examination. The City ~nager mu conduct a com-
bined promotional, open, competitive 'examination when, in his or her
judgement, this procedure will expedite the filling of a position with the
most qualified individual available.
Demotion. Upon recommendation of the Department Head, the City Manager may
demote an employee whose ability to perform required duties falls below
standard. Upon request of the employee, and approval of the Department
Head, a voluntary demotion may be made. No employee shall be demoted to a
position for which he or she does not possess the minimum qualifications.
Written notice of the demotion shall be given the employee not less than
ten (10) working days prior to the effective date of the demotion and a
copy filed with the Personnel Department.
D. Suspension. An employee ma.v be suspended, with or without pay, at any time
for cause.
(1) The City Manager may suspend an employee at any time for cause.
(2)
Department H~ads may suspend a subordinate employee for not more than
ten (10) working days at any one time. Suspensions exceeding ten (10)
working days, or more than one (1) suspension within a thirty (30) day
period may be made only with the approval of the City Manager.
(3)
In all cases, the employee shall receive written notice including the
effective dates of suspension, the grounds for suspension, and notice
of the right to appeal the action.
(4)
During any period of suspension without pay an employee shall forfeit
all rights, privileges and salary except the employee shall not
forfeit insurances or retirement benefits.
(5)
An emergency suspension not to exceed five (5) working days may be
imposed to allow time for an investigation which may lead to
disciplinary action against an employee. If, at the end of that time,
disciplinary action is not taken the employee shall be reinstated with
full pay and benefits, provided, however, that nothing in this section
shall prohibit future disciplinary action, including suspension
without pay, to be taken based on further investigation of the
charges.
Reinstatement. Upon recommendation of the Department Head, and with the
approval of the City bianager, a permanent employee who has resigned with a
good record may be reinstated to his or her former position, if vacant, or
to a vacant position in the same or comparable class. Upon reinstatement,
employee, for all purposes, shall be considered a new employee.
Page 26
SECTION 10. SEPARATION FROM THE SERVICE
DiScharge. An employee may be discharged by the Department Head with
approval of the City Manager whenever conduct on the job so warrants.
Lay-off. Employees in the service may be laid off-because of material
change in duties or organization, shortage of work or lack of funds. Ten
(10) working days before the effective date of lay-off, the employee shall
be notified of the intended action with reasons therefore. The Department
Head shall provide to the City Manager a statement certifying whether or
not the services of the employee have been satisfactory and, a copy of such
notice shall be given the employee affected. The name of the employee laid
off shall be placed on the appropriate employment list as provided by these
rules, if certified as having given satisfactory service.
Resignation. An employee wishing to leave the service in good standing
shall file with the supervising official, at least ten (10) working days
before leaving the service, a written resignation stating the effective
date. The resignation shall be forwarded to the Personnel Department with
a statement by the Department Head as to the resigned employee's service
performance and other pertinent information. Failure to comply with this
rule shall be entered on the service record of the employee and may be
cause for denying future employment by the City. The resignation of an
employee who fails to give notice shall be reported to the Personnel
Department by the Department Head immediately.
Disability. An employee will be transferred, demoted, or separated for
disability when he or she cannot perform the required duties because of a
physical and/or mental impairment after receiving those benefits provided
him by Section 8 of these rules. The City may require an examination of
the employee at its expense and performed by a physician, psychologist or
psychiatrist of its choice when any issue of an employee's possible dis-
ability arises. A disabled employee may be retained by the City in a posi-
tion for which he or she is qualified, if deemed reasonable and appropriate
by City Manager.
Retirement. When an employee meets the conditions set forth in these rules
and retirement plan regulations, the employee m~y elect to retire and
receive all benefits earned under the retirement plan.
Disability Retirement. In the case of an employee other than a police
department local safety member, disability status and entitlement to
retirement shall be established by the Public Employees' Retirement
System. For a police department employee who qualifies as a local safety
member, the determinations as to whether that employee is (1) disabled, and
(2) whether such disability was industrially caused, shall be made by the
Retirement Review Board consisting of the City Manager, the Finance
Director, and a third Department Head as m~y be designated from time to
Page 27
time by the City Manager. The City Attorney shall act as legal advisor to
the Board. The Personnel Director or designee shall present evidence to
the Retirement Review Board concerning the disability of the employee.
Determinations of the Retirement Revitw Board shall be submitted to the
City Council for adoption and certification to the Public Employees'
Retirement System board. Once adopted by the City Council, all decisions
shall be final.
Page 28
SECTION ll. GRIEVANCE PROCEDURE
Right to File Grievance. Any employee shall have the right to file a grie-
vance as provided in the rules without fear of reprisal. Such a grievance
is an informal administrative approach to seek relief from a problem
involving any aspect of job conditions except one ~elating to suspensions,
demotions, dismissals or lay offs with an unsatisfactory rating, wherein
the provisions of Section 12 would apply. An employee shall have the right
to be represented by the authorized labor representative in a grievance.
Grievance must be filed within 30 days of alleged situation.
B. Procedure. The steps of the grievance procedure are as follows:
(1) The employee concerned shall first make efforts to resolve a grievance
with his or her immediate supervisor.
(2) The employee may next request a personal conference with the Depart-
ment Head to resolve the matter.
(3)
If not satisfied, the employee may reduce the grievance to writing.
The complaint shall set forth all the facts necessary to understanding
the issues involved and shall be free of any charge or language not
germane to the real issue involved. The grievance complaint shall be
signed by the employee and submitted to the Department Head within two
(2) working days of the personal conference.
(4)
The Department Head shall investigate the facts and issues and reply
in writing to the employee within five (5) working days, stating the
department's conclusion and view of the issues involved, and
corrective action which will be taken if appropriate.
(s)
If the employee wishes to discuss the grievance further, he or she
shall notify the Department Head and City Manager within two (2)
working days. The Department Head shall immediately send two copies
of the original complaint and two copies of the reply to the City
Manager.
(6)
The City Manager shall meet with the employee and Department Head
within ten (10) working days and an earnest effort shall be made to
arrive at a satisfactory resolution of the issue.
(7)
Within five (5) working days, the City Manager shall respond to the
employee and Department Head regarding his or her conclusions,
findings and decisions or provide notification of extension with an
expected date of decision, provided, however, this period may be
extended as circumstances require.
Page 29
SECTION 12. APPEALS AND HEARINGS
Pre-disciplinary Hearings. An employee who has attained a regular
appointment shall have a right to a pre-disciplinary hearing before the
Department' Head whenever the employee may be subject to dismissal,
demotion, or any suspension without pay.
Procedure for Pre-disciplinary Hearings. Notice of the proposed action
shall be provided the employee along with a statement of the reasons there-
fore, a copy of the charges, and the materials upon which the charges are
based. The employee shall have five (5) working days to respond orall'y or
in writing to the charges. The Department Head shall provide the employee
with a Notice of Action taken which will state the action taken, the
reasons therefore, and the penalty imposed, if any. The foregoing proce-
dure may be by-passed in emergency situations.
Ce
Appeal to the City Manager. An employee shall have the right to appeal the
decision of the Department Head to the City Manager. To be entitled to
such review, the employee must notify the City Manager of intent to appeal
within ten (10) days after receiving the Notice of Action Taken. The
employee must state in this notice to the City Manager the basis for the
appeal and shall include all relevant facts and evidence which the employee
intends to submit at the Appeal Hearing. The decision of the City Manager
shall be final in all respects except as provided in subsection D, and
shall be final for the purposes of Tustin City Code Section ll40
(Administrative Mandamus). The City Manager, in his or her sole
discretion, may delegate the Personnel Director as the hearing officer for
the appeal. If the Personnel Director is designated the hearing officer,
he or she shall serve in a fact finding capacity and make findings of fact
and recommend a decision for the City Manager's review. The City Manager
shall make an independent decision' based on the findings of fact and need
not adopt the recommendation of the hearing officer.
De
City Council Review. Notwithstanding the fact that the City Manager's
Uecision is final in all respects, the City Council reserves the right to
review the decisions of the City Manager in cases that it deems as
exceptional.
Page 30
SECTION 13. TRAINING OF EMPLOYEES
As
Training. The City Manager and Department Heads shall.prepare and conduct
appropriate training programs. Such programs may include lecture courses,
demonstrations, assignment of reading matter or such other devices as may
be available for the purpose of imprdving the effectiveness and broadening
the knowledge of municipal employees in the performance of their respective
duties.
Credit for Training. Participation in and successful completion of special
training courses may be considered in making advancements and promotions.
Evidence of such activity shall be filed by the employee with the City
Manager.
Tuition Reimbursement. Employees shall be encouraged to further their
academic education and training in those areas of benefit both to the
employee and to the City. Full-time employees will be eligible for
reimbursement by the City of tuition for professional and technical courses
subject to the following guidelines and limits prescribed in the
appropriate salary resolution.
De
Seminars and Conferences. Employees shall be encouraged to continue their
professional development through attendance at approved seminars and
conferences Subject to the conditions outlined in related Council Policy
statements.
Page 3[
SECTION 14. REPORTS AND RECORDS
Ae
Personnel Cards. The Personnel Department shall m~intain a service record
foreach employee in the service of the City showing the name, title of
position held, the department to which assigned, salary, changes in
employment status, and such other information as may be considered
pertinent.
Change of Status Report. Every appointment, transfer, promotion, demotion,
change of salary rate, and other temporary or permanent change in status of
employees shall be reported to the Personnel Department in such manner as
prescribed by the City Manager.
Ce
Destruction of Records. Roster and payroll records shall be kept per-
manently. All other records relating to personnel, including correspon-
dence, applications, examinations, and reports may be destroyed in
accordance with existing legal guidelines. Any temporary record may be
destroyed at any time by the City Manager before the expiration of one year
with the consent of the City Council and the City Attorney.
De
.Employee Access. Every employee shall have a right of access to his or her
personnel file and every document therein at a time and place designated by
Personnel. Employees shall be allowed to review their file only under the
supervision of the Personnel: Department.
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SECTION 15. ADDITIONAL BENEFITS
Ae
Retirement. The City is a member of the Public Employees' Retirement
System (PERS) of the State of California in order to provide retirement
benefits to employees and is subject to the benefits and regulations as
prescribed by PERS. The employee's contribution, which is matched by the
City, is determined by the employee's category of membership (e.g. "public
safety" or "miscellaneous") and salary. Membership in PERS is mandatory
for all full-time employees and only full-time regular employees are
eligible.
Health Plan. The City will arrange to provide employees with comprehensive
medical coverage. Employees will be given a choice of a Health Maintenance
Organization (HMO) or medical insurance plan. Only full-time regular
employees are eligible to participate in the Health Plan and shall become
eligiqle for coverage after 30 days of employment.
Life Insurance. The City provides a life insurance policy on the employee
as an added fringe benefit. Only full-time regular employees are eligible
to participate.
D. Other additional benefits, if any, will be provided in accordance with the
appropriate salary resolution.
Page 33
SECTION 16. MISCELLANEOUS RULES
Political Activity. No officer or employee of the city shall use his or
her position to influence any vote or for other political influence within
the City. An officer or employee of the City shall not knowingly solicit
political contributions from other City officers or employees unless done
incidentally to a solicitation of a larger segment of the public which may
include officers or employees of the City. No City officer or employee
shall participate in political activities of any kind while in uniform.
No City officer or employee shall engage in political activity during
working hours. Political activities are prohibited on all City premises
with the exception that political activities may take place at the Clifton
Miller Community Center or City Council Chamber when said facility has been
rented out for the occasion.
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Gifts and Gratuities. No employee shall accept, receive, or receive any
benefit from any gift, gratuity, present, property or service of any kind,
nature or value, which may be directly or indirectly offered as a result
of, or anticipation of said employee's position or performance of duties
with the City of Tustin.
Outside Employment. No employee shall engage in outside employment which
is unsuitable or in conflict with municipal duties or responsibilities, or
which will lessen effectiveness as a City employee.
(1)
Employees must obtain the approval of the Department Head before
undertaking any outside employment. A record of the Department
Head's approval should be forwarded to the Personnel Department.
(2)
No city-owned equipment, vehicles, tools or supplies shall be
used by any employee while the employee is engaged in any outside
employment or activity. No work related to outside employement
shall be performed during scheduled City work time.
(3) Employees shall not use the influence of City employment for
personal gain nor perform work subject to City inspection.
Page 34
SECTION 17. EMPLOYEE ORGANIZATIONS
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Purpose. The purpose of this section is to implement Chapter 10, Division
4, Title 1 of the Government Code of the State of California {Sections 3500
et seq.), captioned "Public Employee Organizations", by providing orderly
procedures for the administration of employer-employee relations between
the City and its employee organizations and for resolving disputes regard-
ing wages, hours, and other terms and conditions of employment.
Employee Rights. Employees of the City shall have the right to form, join
and participate in the activities of employee organizations of their own
choosing for the purpose of representation of all matters of employer-
employee relations, including but not limited to, wages, hours and other
terms and conditions of employment. Employees of the City also shall have
the right to refuse to join or participate in the activities of employee
organizations and shall have the right to represent themselves individually
in their employment relations with the City. No employee shall be inter-
fered with, intimidated, restrained, coerced or discriminated against
because of exercise of these rights.
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City Rights. The City shall have the exclusive right to determine the
methods, means and personnel by which the City operates in accordance with
applicable legal guidelines, including state and federal laws, City ordi-
nances and any Memorandum of Understanding agreed to with a majority repre-
sentative.
Formal Representation Rights. The City, through its representatives, shall
meet and confer in good faith with representatives of employee organiza-
tions having recognized majority representation rights regarding matters
within the scope of representation including wages, hours and other terms
and conditions of employment within the appropriate unit. The City shall
not be required to meet and confer in good faith on any subject preempted
by Federal or State law, nor shall it be required to meet and confer in
good faith on employee or City rights as defined in Subsections "B" and "C"
above. Proposed amendments to this Section are excluded from the scope of
meeting and conferring.
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Informal Representation Rights. All matters affecting employer-employee
relations, including those that are not subject to meeting and conferring,
are subject to consultation. The City, through its representatives, shall
consult in good faith with representatives of all registered employee
organizations on employer-employee relations matters which affect them.
Advanced Notice. Reasonable written notice shall be given to each regis-
tered employee organization affected of any ordinance, rule, resolution or
regulation directly relating to matters within the scope of representation
proposed to be adopted by the City Council.
G$
Recognition of Formal Bargaining Units. An employee organization that
seeks to register for purposes of consultation in good faith shall file a
petition with the City Manager containing the following information and
documentation.
Page 35
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Name and address of the employee organization.
Names and titles of its officers.
Names of employee organization representatives who are authorized to
speak on behalf of its members.
A statement that the employee organization has, as one of its primary
purposes, the representation of employees in their employment rela-
tions with the City.
A statement whether the employee organization is a chapter or local
of, or affiliated directly or indirectly in any manner with a regional
or state or national or international organization, and, if so, the
name and address of each such regional, state, national, or interna-
tional organization.
Certified copies of the employee organization's constitution and by-
laws.
A designation of those persons, not exceeding two (2) in number, and
their addresses, to whom notice sent by regular United States mail
will be deemed sufficient notice on the employee organization for any
purpose.
A statement that the employee organization recognizes that the provi-
sions of Section 923 of the Labor Code are not applicable to City
employees.
A statement that the employee organization has no restriction on mem-
bership based on race, color, creed, sex, or national origin.
A statement that the employee organization has in its possession
written proof, dated within sixty days of the date upon which the
petition is filed, to establish that employees have designated the
employee organization to.represent them in their employment relations
with the City. Such'written proof shall be submitted for confirmation
to the City Manager or to a mutually agreed upon disinterested third
party.
A request that the City Manager register the employee organization for
the purpose of consultation in good faith. The petition, including
all accompanying documents, shall be verified under oath by the
Executive Officer and Secretary of the organization that the
statements are true. All changes in such information shall be filed
forthwith in like manner. The City Manager shall provide evidence of
registration, in writing, to all employee organizations who have
complied with this subsection for purposes of consultation in good
faith for its members. No employee may be represented by more than
one recognized employee organization for the purposes of this section.
Page 36
Petition for Majority Recognition. An employee organization that seeks
recognition as the majority representative of employees in an appropriate
unit for purposes of meeting and conferring in good faith shall file a
petition with the City Manager, coincidental with or subsequent to filing
its request for registration, containing the following additional informa-
tion and documentation:
(1) The job classification or titles of employees in the unit claimed to
be appropriate and the approximate number of member employees therein.
(2)
A statement that the employee organization has in its possession
written proof, dated within sixty (60) days of the date upon which the
petition ~s filed, to establish that at least thirty (30) percent of
the eligible employees in the unit claimed to be appropriate have
designated the employee organization to represent them in their
employment relations with the City. Such written proof shall be
submitted for confirmation to the City Manager or to a mutually agreed
upon disinterested third party.
(3)
A request that the City Manager recognize the employee organizatioh as
the majority representative of the employees in the unit claimed to be
appropriate for the purpose of meeting and conferring in good faith on
all matters within the scope of representation.
(4)
The petition, including all accompanying documents, shall be verified,
under oath, by the Executive Officer and Secretary of the organization
that the statements are true. All changes in such information shall
be filed forthwith in like manner.
Recognition of Organizations. The City Manager shall determine the
majority representative, or absence of such a representative, of employees
in an appropriate unit by any reasonable method which is based on written
proof and designed to ascertain the free choice of a majority of such
employees.
(1)
The employee organization found to represent a majority of all
eligible employees in an appropriate unit shall be granted
recognition in writing designating them as the only employee
organization entitled to meet and confer in good faith on matters
within the scope of representation for employees in such unit.
This shall not preclude other registered employee organizations,
or individual employees, from consul ting with management
representatives on employer-employee relations matters of concern
to them.
(2)
The recognition rights of the majority representative designated
in accordance with this subsection shall not be subject to
challenge for a period of one calendar year following the date of
such recognition.
Page 37
(3)
After one calendar year, if a majority representative is found to
no longer represent the required majority of eligible employees
in an appropriate unit, the City Manager may revoke recognition
of the organization as a majority representative.
(4)
Upon receipt of a valid petition for majorityYecognition from an
employee organization for a unit which already has a recognized
majority representative, the City Manager shall arrange for an
election to determine which organization meets the requirements
for recognition in accordance with this subsection and shall grant
recognition as appropriate.
Appropriate Unit. The City Manager shall have the right to designate
appropriate units for separate majority representation as necessary.
Designation of City's Principal Representative. The City Manager is the
City's Personnel O~flcer and Munic)pal Employee Relations Officer, and
shall be the City's principal representative in all matters of
employer-employee relations, with authority to meet and confer in good
faith on matters within the scope of representation, including wages, hours
and other terms and conditions of employment. The City Manager may
delegate these duties and responsibilities.
L. Resolution of Impasses.
(1)
An impasse is defined as either a deadlock in the annual or periodic
discussions between a majority representative, and the City over any
matters concerning which they are required to meet and confer in good
faith.
(2)
Impasse procedures may be invoked only after the possibility of
settlement by direct discussion has been exhausted. The impasse
procedures are as follows:
(a)
Mediation or Conciliation. The efforts of an impartial third
party functioning as intermediary to assist the parties in
reaching a voluntary resolution to an impasse through
interpretation, suggestion and advice. All mediation proceedings
shall be private. The mediator shall make no public
recommendations nor take any public position concerning the
issue.
(b) A Determination bi the City Council. After a hearing on the
merits of the dispute.
(c) Any other dispute-resolving procedures to which the parties
mutuall~ agree or which the City Council may order.
Page 38
(3)
Any party may initiate the impasse procedure by filing with the other
party affected a written request for an impasse meeting together with
a statement of its position on all disputed issues. An impasse meet-
ing shall then be scheduled by the City Manager forthwith after the
filing of the written request for such meeting with written notice to
all parties affected. The purpose of such impasse meeting is twofold:
(1) to permit a review of the positions of all parties in a final
effort to reach agreement on the disputed issues, and (2) if agreement
is not concluded, to mutually select the specific impasse procedure to
which the dispute shall be submitted; in the absence of agreement
between the parties on this point, the matter shall be referred to the
City Council.
(4)
The fees and expenses, if any, of mediators or of any other impasse
procedure, shall be payable one-half by the City and one-half by the.
employee organization or employee organizations involved.
Memorandum of Understanding. When the meeting and conferring process is
concluded between the City and a recognized majority representative
employee organization of an appropriate unit, all.agreed upon matters shall
be incorporated in a written memorandum of understanding signed by the duly
authorized Cityand majority representatives. As to those matters within
the authority of the City Council, the memorandum of understanding shall be
submitted to the City Council for determination.
Rules and Regulations. The City Council may adopt such rules and
regulations necessary or convenient to implement the provisions of this
Section and Chapter 10, Division 4, Title 1 of the Government Code of. the
State of California (Section 3500 et seq.).
Revised Draft
11/21/83