City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt the Resolution to approve the revised Civil
Service Rules after public hearings before the Civil Service Commission and
Rescind Resolution No. 89-R139.
BACKGROUND:
The last significant revision to the Civil Service Rules (“Rules”) occurred in 1989. In
the years to follow, considerable review and study of the Rules has been conducted
by the Personnel Department staff, Civil Service Commission (“Commission”), and
employee groups.
In 1996 – 97, former Personnel Director Gordon Youngs and the Civil Service
Commission conducted numerous public hearings and produced proposed
amendments for the Rules. However, no official meet and confer sessions took
place with the employee bargaining groups and the proposed amendments were
never forwarded to the City Council for final approval and adoption. The project was
then halted in 1997 due to a time consuming comprehensive salary study that
became the priority.
In 2001, Mr. Youngs once again inititated the Rules amendment project. Staff and
the Commission were only able to review Rules I and II before Mr. Youngs resigned
his position as Director in April 2001. Due to the extensive turnover within the
Personnel Department that followed, this project was not revisited until 2004.
Meeting Date: 9/25/06 Item Number: JM-1
AGENDA ITEM: Adopt the Resolution to Approve the Revised Civil Service Rules
after Public Hearings before the Civil Service Commission and Rescind
Resolution No. 89-R139
Contact Person/Dept.: Serena Wright Phone Number: (310) 253-5640
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List (09/20/2006)
Department Approval:
Serena Wright (09/18/2006)
City Manager Approval:
Jerry B. Fulwood (09/20/2006)
City Controller Approval:City of Culver City, California
City Council Agenda Item Report
DISCUSSION:
Current Personnel Department staff began preliminary discussions regarding
revising the Rules with the Civil Service Commission in July 2004. An outline of the
proposed project was presented to the Commission at the August 2004 meeting.
Staff recommended breaking down the project into three (3) stages: (1) conduct
public hearings to review and revise each rule individually, receive public feedback
and identify relevant issues, (2) hold meet and confer sessions with all of the City
employee groups and (3) bring all of the proposed changes back to the Commission
for final review and approval. The project also included a review and discussion of
the proposed revisions by the 1996-97 and 2001 staff and Commission.
The first public hearing was held in October 2004. A total of nineteen (19)
consecutive public hearings were conducted in which significant input was received
by the Commission, City employees and employee bargaining group
representatives.
At the conclusion of the public hearings, the Personnel Department staff conducted
a total of 20+ meet and confer sessions with all of the City’s six (6) bargaining
groups. These meetings resulted in further revisions and discussion items which
were then presented to the Commission on June 7, 2006 for final review and
approval.
SIGNIFICANT CHANGES:
The collaborative effort that went into revising the Rules resulted in a number of
considerable modifications. The items outlined below represent significant policy
changes and do not delineate formatting change or language updates. In addition to
the items outlined below, the revised Civil Service Rules now include a section
identifying definition of terms used throughout the Rules, an index, an appendix, as
well as a table of contents. It should also be noted that two (2) sections of the old
Rules were moved to the employee Memorandum of Understandings: “Hours and
Working Conditions” and “Leaves of Absences”. Also, the section regarding
Education and Training was incorporated into an existing City policy that addresses
the same.
Rule 1 – Expanded Definition of Terms (p. 2)
Rule 2 – Salary Surveys: Deleted the reference to utilizing private agencies
when conducting a salary survey (p. 12)City of Culver City, California
City Council Agenda Item Report
Rule 3 – Provide lay off rights to employees that do not meet the minimum
requirements of a position that is reclassified (p. 14)
Rule 4 – Provide eligibility criteria and procedures for special compensation
(p. 16)
Rule 5 – No policy changes
Rule 6 – Allow Regular Part Time (RPT) employees to participate in
promotional examination process. Provide seniority points to RPT employees
in open and competitive exams (p. 23)
Rule 7 – Round final scores to the nearest whole number. Add Rule of Five
(5) for open and competitive examinations and Rule of Ten (10) for special
examinations (p. 24, 25). Provide appointing authority to ability to defer
eligibles that have been interviewed and not selected (p. 26). Expanded
reasons to terminate an eligible list (p. 27)
Rule 8 – Add section regarding Anti-Nepotism policy (p. 28). Include
modified duty status as reason to extend a probationary period (p. 32).
Provide City Council with a confidential report of the Personnel Action Log as
opposed to submitting for approval via Resolution (p. 35)
Rule 9 – No policy changes
Rule 10 – Update section to comply with legal requirements in regards to
disabled employees (p. 37-39)
Rule 11 – Expanded list of reasons to discipline (p. 40-43)
Rule 12 – Include list of items that are specifically not grievable (p. 49)
Provide more specific details regarding grievance procedure (p. 50-52)
Provide grievance appeal rights up to the Civil Service Commission (p. 52)
Rule 13 – No policy changes
Rule 14 – Seniority points for lay off purposes will first be calculated utilizing
length of service within classification, then total length of City service (p. 59)
Include criteria to break ties in seniority (p. 59)City of Culver City, California
City Council Agenda Item Report
Rule 15 – Increase cash award for outstanding performance recognition from
$500 to $1,000 (p. 62)
Rule 16 – No policy changes
Rule 17 – Include a section that addresses Ordered Leave of Absence
(p. 66) Expand section regarding outside employment/volunteer activities (p.
66)
ATTACHMENTS:
1. Resolution
MOTION:
That the City Council:
Adopt the Resolution to Approve the Revised Civil Service Rules after public
hearings before the Civil Service Commission and Rescind Resolution No. 89-
R139.
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RESOLUTION NO. 2006-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AND ADOPTING
REVISED CIVIL SERVICE RULES OF THE CITY OF CULVER
CITY AFTER PUBLIC HEARINGS HELD THEREON BEFORE
THE CIVIL SERVICE COMMISSION, AND RESCINDING
RESOLUTION NO 89-R139.
WHEREAS, pursuant to Culver City Municipal Code Section 3.03.020(B),
several public hearings on the revised Civil Service Rules of the City of Culver City were
held before the Civil Service Commission, which hearings were properly noticed, at which
representatives of employee organizations and department heads were given the
opportunity to present their concerns and suggested modifications to the Commission; and
WHEREAS, the proposed revised Civil Service Rules of the City of Culver
City were approved by the Civil Service Commission for recommendation to the City
Council, after consideration of the information given at public hearings and after several
drafts of the revised Rules were reviewed and revised pursuant to comments of the
employee organizations, department heads and members of the Commission.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. The revised Civil Service Rules of the City of Culver City, a copy of
which is attached hereto as Exhibit “A” and incorporated by reference herein, are hereby
approved and adopted, effective immediately.
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2. Resolution No. 89-R139 is hereby rescinded.
APPROVED and ADOPTED this _____ day of ___________ 2006.
GARY SILBIGER, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA CAROL A. SCHWAB
City Clerk City Attorney
A06-00564
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Civil Service Rules
Adopted September 25, 2006
This revision of the Rules was accomplished through the cooperative efforts of many
people, including:
Mayor Gary Silbiger
City Council Members
Alan Corlin
Carol Gross
Scott Malsin
Steven Rose
Albert Vera
City Manager Jerry Fulwood
Civil Service Commissioners
Alice Barricello
William Heagy
Vince Motyl
Sandy Stivers
Andrew Weisman
Sharon Zeitlin
Deputy City Attorney II Heather Iker
Personnel & Employee Relations Director Serena Wright and Personnel Staff
City Management Staff and Department Heads
And Representatives from Culver City Employee Organizations:
Culver City Management Group
Culver City Fire Management Group
Culver City Police Management Group
Culver City Police Officers Association
Culver City Employees Association
Culver City Fire Fighters
TABLE OF CONTENTS
Civil Service Rules…………………………………………………………………………1-68
Rule 1: Introduction, Authority And Definition of Terms............................................... 1
Rule 2: Civil Service Commission............................................................................ 11
Rule 3: Classification................................................................................................. 13
Rule 4: Compensation............................................................................................... 15
Rule 5: Applications And Applicants........................................................................ 18
Rule 6: Recruitment And Examinations..................................................................... 20
Rule 7: Eligible Lists ................................................................................................ 24
Rule 8: Appointment................................................................................................ 28
Rule 9: Transfer......................................................................................................... 36
Rule 10: Disability...................................................................................................... 37
Rule 11: Disciplinary Actions....................................................................................... 40
Rule 12: Grievances.................................................................................................. 49
Rule 13: Termination of Employment ........................................................................ 56
Rule 14: Layoff .......................................................................................................... 58
Rule 15: Employee Recognition ................................................................................ 62
Rule 16: Personnel Operations ................................................................................... 64
Rule 17: General Provisions...................................................................................... 66
Appendix…………….……………………………………………………………………….A-E
Culver City Municipal Code……………………………………………………………..……A
Culver City Charter……………………………………………...……………………………...B
California Code of Civil Procedure 1094.5 …………………………………………….....…C
California Code of Civil Procedure 1094.6……………………………………………...……D
California Code of Civil Procedure 2028 and 2028.1………………………………...……E
Index………………….………………………………………………………………………i-xi
RULE 1
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RULE 1
INTRODUCTION, AUTHORITY AND
DEFINITION OF TERMS
1.1 Civil Service System: The Civil Service System adopted by the City Council pursuant to State
law and in effect prior to the effective date of the City Charter, shall continue in full force and effect unless
changed by ordinance of the City Council or by amendment to the rules and regulations heretofore
approved by the City Council.
1.2 Adoption of Civil Service Rules Revisions: Pursuant to provisions of the Culver City Municipal
Code, this revision of the Rules of the Civil Service System of the City of Culver City has been approved
and adopted by the City Council under Resolution No. _________ dated ___________________, 2006,
after a public hearing and upon the recommendation of the Civil Service Commission.
1.3 Purpose: The purpose of these Rules is to provide a fair and equitable system of personnel
management in the City government.
1.4 Intent: It is the intent of these Rules to ensure that all employees in the Classified Service shall
be treated on an equitable basis in regard to hours and working conditions, and other benefits generally
provided by Memoranda of Understanding or City Council resolution.
If any employee in the Classified Service should be excluded from coverage by a collective bargaining
agreement or comparable resolution of the City Council, the employee shall be provided benefits
equivalent to the most comparable employee classification which is covered by such an agreement or
resolution.
1.5 Enforcement of Civil Service Rules: The Civil Service Commission, appointed by the City
Council as set forth by the City Charter and the Culver City Municipal Code, is staffed by the Personnel
Department and establishes and enforces rules for the classified service which shall have the effect of
law, as approved by the City Council.
a. Employee Rights: These rules provide for a merit system whereby all employees in the
classified service are appointed and promoted on the basis of merit. No person shall, by
themselves or in cooperation with another person, interfere with the employment
opportunities of any individual with respect to the individual’s right of examination, application
or certification for employment under the Civil Service Rules of the City of Culver City.
b. Commission Authority: In addition to the authority set forth throughout these Rules, the
Civil Service Commission has the authority to take necessary action against any applicant or
candidate or representative or advocate of such applicant or candidate who uses political
influence or special interest to circumvent the Civil Service System to achieve employment
opportunities for the applicant or candidate or others.
1.6 The Merit Principle: Appointments and promotions in the Classified Service of the City shall be
made according to merit and fitness, to be ascertained, so far as practical, by a competitive examination.
1.7 Equal Employment Opportunity: Equal employment opportunity shall be ensured without
regard to race, color, gender, national origin, marital status, religion, age, disability, political affiliation or
sexual orientation/identification.
RULE 1
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1.8 Removal of Classified Service Status: The City Council shall not have the authority to
withdraw from the classified service any departments, officers or employees, heretofore placed in the
Classified Service, either by outright repeal of the Civil Service ordinance or otherwise unless and until
the withdrawal thereof shall have been submitted to the qualified electors of the City at a regular or
special municipal election held in the City, and shall have been approved by not less than a two-thirds
(2/3) vote of the electors voting on such proposition.
1.9 Interpretation Of These Rules: In the interpretation of these Rules, the following should be
considered:
a. Grammatical Interpretation: The singular number includes the plural and the singular;
words used in the present tense include the past and future tenses.
b. Laws, Statutes and Codes: All references to Federal, State or local laws, statutes and
codes shall be construed to include any amendments thereto and any rules and regulations
promulgated hereunder.
c. Severability: If any provision in these Rules is for any reason held to be invalid,
unenforceable or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remainder of these Rules.
d. Civil Service Rules vs. Memorandum Of Understanding: If any of the provisions in these
Rules are in conflict with a valid Memorandum of Understanding, the Memorandum of
Understanding shall prevail.
1.10 Definition Of Terms: The following definition of terms, have been established to provide
administrative and appellant direction in the operation of the Civil Service System and may be further
defined in the body of these Rules:
(1) Additional Compensation: An employee may be assigned additional duties
beyond the scope of the employee’s regular classification when operational
conditions necessitate prioritizing these duties as an essential function of the
division and/or department and the qualifications and skill level of the employee are
appropriate to fulfill the duties.
(2) Administrative Policy: Policies issued and adopted by the City Manager to
implement policy decision for the administration of programs or processes generally
provided by the direction of the City Council, Municipal Code, City Charter, Civil
Service Rules or other authority.
(3) Appeal: The formal procedures that provide the review of a decision of an
appointing authority, the Personnel & Employee Relations Director or the City
Manager by the Commission.
(4) Appellant: Anyone appealing an action under jurisdiction of the Commission to the
Civil Service Commission.
(5) Applicant: An individual who submits the application materials, e.g. City
application, resume, supplemental questionnaire, etc., as specified in the
recruitment bulletin during the authorized filing period to receive consideration for a
position for which a bulletin has been issued and advertised.
(6) Application: The official City issued form that applicants must complete and
submit to be considered for City employment when specified in the recruitment
bulletin. RULE 1
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(7) Appointing Authority: The City Council, the City Manager, the department head,
division heads and/or other body of officials or individual official having, under law,
the power to make an appointment to a position. Routine functions of the
appointing authority may be delegated to accomplish the purposes set forth in these
Rules, but the appropriate appointing authority shall be responsible for the actions
or functions of such delegation or designee.
(8) Appointment: The official hiring of a candidate for employment with the City that
has been approved in writing by both the appointing and approving authorities.
(9) Authorized Position: A position approved by the City Manager.
(10) Base Salary Range: A pay plan for a given classification that establishes the
minimum and maximum rate of pay for the classification. The base salary range
typically consists of five (5) salary steps, in hourly increments.
(11) Bumped: A permanent employee who is reassigned to a position within a lower
classification as a result of another employee with more seniority being displaced
due to a reduction in work force.
(12) Business Days: A term used to refer to the days in which City Hall is open for
business to the public.
(13) Calendar Day: A term used to refer to the twenty-four (24) hour day, calendar
days include Monday through Sunday.
(14) Candidate: An examinee that has successfully passed all of the components of
the examination process and has achieved eligibility for referral to a classified or
unclassified position.
(15) Casual Part-time: A specific type of unclassified appointment for part-time
employees that is subject to hourly wages only and has limited benefits.
(16) Certification: The actions that must occur in order for an appointing authority to
receive the referral of candidates in consideration of filling a vacant position in the
classified service. These actions are listed below in the order in which they occur:
i. Certification of Eligible List: The approval by the Personnel & Employee
Relations Director of a list of all of the candidates eligible for consideration of
filling a classified position for a particular classification. Said approval
constitutes the establishment of the Eligible List.
ii. Certification of Eligibles: The approval by the Personnel & Employee
Relations Director of the names of the candidates being referred, according
to the rules of certification, to the appointing authority to fill a vacant
position(s).
(17) Charter: The Charter of the City of Culver City.
(18) City: The City of Culver City.
(19) City Physician: Any medical professional designated by the City to advise on
matters requiring expertise in the medical or psychological field.
RULE 1
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(20) City Council Policy: Policies adopted by City Council not already covered by
ordinances, to supplement or complement other resolutions or policies. The
adoption of said policies is accomplished by resolution.
(21) Civil Service Commission: The commission appointed by the City Council of the
City of Culver City, California, to oversee the Civil Service System. When the term
“Commission” is used in these Rules, it refers to the Civil Service Commission.
(22) Civil Service Ordinance: Culver City Municipal Code, as amended, which creates
and establishes the personnel system under Civil Service.
(23) Classification: A category or class of positions that:
i. Perform the same essential functions of the job; and
ii. Possess the same minimum requirements; and
iii. Are sufficiently similar in respect to duties, responsibilities and function to
warrant the same descriptive title.
(24) Classification Specification: The official description of the purpose of the
positions assigned to the classification which specifies the minimum requirements
for the position and includes examples of some of the essential duties and
responsibilities that may be assigned to positions within that classification.
(25) Classified Employee: An employee holding a position within the classified
service.
(26) Classified Position: A position within the classified service.
(27) Classified Service: All classifications, positions and appointments in the City
service except those specifically named in, or which may be designated as
unclassified pursuant to these Rules or the City Charter.
(28) Continuous Recruitment: A method used to recruit a greater number of
applicants by accepting applications on a continuous basis. The testing of qualified
applicants can take place when a sufficient number of qualified applicants have
applied or at specific intervals regardless of the number of qualified applicants that
apply.
(29) Deferred Applicant: An applicant who was not amongst the most highly qualified
applicants and consequently, was not invited to participate in the examination
process. The City reserves the right to consider the applicant’s qualifications in
consideration of the position for which the applicant applied for at a later date.
(30) Deferred Eligible: An eligible that has been interviewed but not selected for a
position within a given classification. The appointing authority that interviewed and
did not select the Deferred Eligible may request to have the name of this eligible
withheld from future certification to that appointing authority in an open and
competitive process, provided the appointing authority interviewed the Deferred
Eligible for the same classification and in the same division within the previous
twelve (12) months.
(31) Demotion: A voluntary or involuntary action whereby a City employee is lowered in
classification, temporarily or permanently. RULE 1
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(32) Disability Interactive Process: Occurs when the Personnel & Employee
Relations Director receives a physician’s report confirming an employee’s
permanent disability. This process is used to identify possible modifications or
accommodations that can be made in order for the employee to continue working in
the employee’s position, in accordance with State and Federal law.
(33) Disciplinary Action: Any action taken by an appointing authority against an
employee with the purpose of punishing, modifying and/or correcting behavior
which violated any of the Rules set forth herein.
(34) Dismissal: The involuntary termination of the employment relationship between
the City and an employee.
(35) Disqualification: The involuntary removal of an applicant, candidate, eligible or
appointee from competition for employment for cause.
(36) Eligible: A candidate eligible for referral to a position in the classified service.
(37) Eligible List: A list of eligibles in rank order that includes the eligible’s
corresponding final score.
(38) Employee: A person who is the incumbent in a position.
(39) Examination: The process by which an applicant’s qualifications are evaluated,
assessed and/or measured to determine the applicant’s eligibility for the position.
i. Assembled Examination: An examination conducted at a specified time
and place at which applicants are required to appear for competitive
examination under the supervision of an examiner.
ii. Unassembled Examination: An examination consisting of an appraisal of
training, experience, work history, or any other means of evaluating other
relative qualifications of applicants without the necessity of the applicant’s
personal appearance. This type of examination process may be used when
fewer than six (6) qualified applications are received.
(40) Examinee: An applicant who is invited to participate, and participates, in the
examination process of a recruitment.
(41) Excepted: A term used to refer to casual part-time employees who are
unclassified, subject to hourly wages only and have limited benefits.
(42) Exempt: For the purposes of these Rules, this term refers to an employee, position
or classification that is not a part of the classified service and is considered
unclassified.
(43) Fitness For Duty Examination: A medical or psychological examination
conducted by a City Physician, as designated by the City.
(44) For Cause: The specific grounds which constitute a violation of these Rules, City
policies, Memorandum of Understanding, Charter, Municipal Codes, or any other
job-related reason which provides cause for disciplinary action against an
employee. RULE 1
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(45) Grievance: An expressed written claim by an individual employee or designated
representative that the City has violated, misinterpreted or misapplied, an obligation
to the employee as such obligation is expressed and written in the Memorandum of
Understanding.
(46) Incumbent: Any employee who is occupying a classified or unclassified position.
(47) Insubordination: The disobedience of an employee to a lawful order given by a
higher authority within the scope of the employee’s job.
(48) Job Abandonment: A separation that occurs when an employee’s actions, or lack
thereof, creates the following conditions:
i. An employee is absent without authorization for three (3) or more
consecutive working days and/or shifts; and
ii. The employee fails to contact the employee’s supervisor to provide
justification for the absence.
(49) Job Bulletin: A job announcement that outlines the minimum requirements of the
position, the closing date, testing requirements, and other job related information.
(50) Judicial Review: The legal process by which administrative decisions of the
Commission may be appealed to a court of competent jurisdiction, as further
defined in these Rules.
(51) Minimum Requirements: The lowest level of knowledge, skills, abilities,
experience, education and/or licenses permitting applicants access to the
examination process.
(52) Nepotism: Providing employment, promotions, higher earnings, and other benefits
to employees because they are relatives or friends of City Officials, management or
supervisors instead of on the applicant’s or employee’s ability or merit.
(53) Occupational Medical Standards: Medical standards established for City
employment that specify the physical and/or mental demands of all classifications,
provided that such standards are directly related to the job demands which are
necessary to each respective classification.
(54) Open & Competitive Examination: An examination which provides an equal
employment opportunity to every applicant, whether or not currently employed by
the City.
(55) Ordered Leave With Pay: Occurs when a department head, with the approval of
the Personnel & Employee Relations Director and the City Manager, orders an
employee to take a leave of absence with pay, as set forth in these Rules.
(56) Part-time Employees: Employees who are regularly scheduled to work less than
forty (40) hours per week in a position that is not part of the classified service and
are subject to hourly wages. Part-time employees are designated as either casual
part-time or regular part-time.
(57) Permanent Status: An employee achieves permanent status after having
successfully completed a probationary period for a classification within the
classified service.
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(58) Personnel & Employee Relations Director: The Director of the Personnel
Department or the director’s designee, who acts in an advisory capacity for the Civil
Service Commission, and administers these Rules and the personnel operations of
the City.
(59) Personnel Action: An action affecting the status or assignment of an employee as
documented and processed through the use of a Personnel Action form.
(60) Personnel File: The employee’s official record of employment and job
performance as maintained by the Personnel Department.
(61) Position: The defined set of duties and responsibilities that make up a job to be
performed by an employee. One or more positions may comprise a classification.
(62) Probationary Period: A one (1) year period of time, beginning with the effective
date of classified appointment, that shall be considered a continuation of the
examination and selection process during which an employee is required to
demonstrate suitability for permanent appointment by actual performance of the
duties of the position to which the employee has been appointed.
(63) Promotion: The advancement of an employee into a higher level classification or
one which is allocated a higher base salary range.
(64) Promotional Examination: An examination which provides an equal employment
opportunity for a particular classification for qualified Culver City employees.
(65) Promotional List: An Eligible List resulting from a promotional examination.
(66) Public Notice: The notification to the public of all regularly scheduled and specially
called meetings of the Commission, as required by law.
(67) Public Record: Any record containing information relating to the conduct of the
public’s business prepared, owned, used, or retained by the City, which, must be
made available to the public in accordance with the provisions of California
Government Code Sections 6250, et seq.
(68) Quorum: The number of Commission members that must be present for business
to be legally conducted. Three members of the Commission shall constitute a
quorum.
(69) Reasonable Accommodation: A modification or an adjustment to a work
environment or testing site that does not cause undue hardship to the City but will
enable a qualified applicant or employee with a disability to participate in the
application process or to perform essential job functions. Reasonable
accommodation also includes adjustments to assure that a qualified individual with
a disability has rights and privileges in employment equivalent to those of non-
disabled employees. RULE 1
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(70) Reclassification: The re-classifying of an employee in a position within a certain
classification to another position in another classification, that is more reflective of
the duties and responsibilities currently performed by the employee, as a result of a
study conducted by the Personnel Department and as approved by the City
Manager. The two (2) types of reclassifications, are as follows:
i. Upward Reclassification: An employee serving in a position which has
been reclassified upward, to a higher classification with a higher base salary
range, shall be provided no less than a three percent (3%) increase, except
that such increase shall not exceed the maximum rate of pay for the
reclassified position.
ii. Downward Reclassification: An employee serving in a position which has
been reclassified downward, to a lower position with a lower base salary
range. Employees who receive a downward reclassification may be Y-rated,
as approved by the City Manager
(71) Reduction in Pay: An employee’s salary decrease within the limits of the pay
range and steps established for a classification.
(72) Re-employment: The process by which a former employee requests to return to
employment with the City to the position from which the employee resigned,
provided the employee had achieved permanent status in said classification and as
set forth in these Rules.
(73) Regular Part-Time: A type of appointment commonly referred to as “RPT” given to
part-time employees that includes certain benefits.
(74) Reinstatement: The appointment of a former employee to a position within a
classification, from which the employee was laid off or displaced, provided said
appointment occurs within two (2) years of lay off or displacement.
(75) Rejection: The term used to denote an employee’s failure to successfully
complete probation. Said failure will result in the removal of the employee from the
eligible list from which the employee was appointed, provided said eligible list is still
valid.
An employee who wishes to be reconsidered for the position in which the employee
failed the probationary period may receive future consideration provided the
employee reapplies for the position during a valid filing period and achieves
placement on a new eligible list.
(76) Reprimand: A written or oral admonishment for employee conduct described
under cause for Disciplinary Action.
(77) Reprisal: Punitive action taken by an employee or City Official against another
employee, City Official or member of the public for such actions including but not
limited to voicing a complaint, assisting or participating in an investigation or
hearing, or engaging in other protected activity.
(78) Request for Certification: An appointing authority’s request to the Personnel
Department via a Request for Certification form, for the referral of candidates in
consideration of filling a position.
(79) Resignation: An employee’s voluntary separation from City employment.
RULE 1
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(80) Retaliation: Behavior that threatens, coerces or discriminates against an
employee or City Official for presenting, participating, assisting or serving as a
witness in an investigation, appeal, hearing or for other matters governed by the
Civil Service Rules.
(81) Re-title: The renaming of a classification title. This change does not entail any
changes to an employee’s salary, base salary range or the essential functions of
the classification, as approved by the Civil Service Commission and the City
Council.
(82) Reversion: The return to the Classified Service of an employee who having
previously held permanent status, accepted an appointment in the Unclassified
Service within the preceding two (2) years, as set forth in these Rules.
(83) Seniority: The length of service within a specific classification in the classified
service; or the total length of time served as a City employee, regardless of
classification or appointment status. The manner in which seniority is calculated is
set forth in these Rules.
(84) Separation: Occurs when the employee’s services with the City terminate for
reasons other than resignation or dismissal. This also includes job abandonment.
(85) Suspension: A disciplinary action whereby an employee is placed on an
involuntary leave of absence without pay.
(86) Termination: Occurs when the employee’s services with the City terminate due to
a resignation, dismissal or separation.
(87) Transfer: The process of moving an employee from one position to another. The
various types of transfers are as follows:
i. Intra-Departmental Transfer: The employee is moved to another position
in the same classification and in the same department;
ii. Inter-Departmental Transfer: The employee is moved to a position in the
same classification but in another department;
iii. Lateral Transfer: The employee is moved to another position in another
classification having substantially the same maximum salary limits, involving
the performance of similar duties and requiring substantially the same basic
qualifications. The new position can be in the same department or in a
different department.
iv. Disability Transfer: A disabled permanent employee who is unable to
perform the essential job duties of the employee’s permanent classification
may be placed without examination in another position, the duties of which
the employee may reasonably be expected to perform satisfactorily, provided
the employee meets the minimum requirements of said classification as set
forth in these Rules.
(88) Unclassified: All classifications not included in the Classified Service.
(89) Veteran: An individual who has been honorably discharged from active duty in the
Armed Forces of the United States after serving for a period of at least one (1) year;
or if discharged for disability. Individuals who are still on active duty are not
considered veterans for the purposes of these Rules.
RULE 1
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(90) Working Days: A term used to refer to the days that fall within the employee’s
assigned work schedule.
(91) Y Rating: A process that allows employees that have been moved to a
classification with a lower salary range to maintain the base salary associated with
the previously held classification in lieu of being compensated at the base salary
associated with the new classification as set forth in these Rules.
The aforementioned definitions are not exclusive as other terms are defined throughout these Rules.
RULE 2
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RULE 2
CIVIL SERVICE COMMISSION
2.1 Definition and Function: The Civil Service Commission shall be a body of five (5) lay citizens,
none of whom shall hold any paid office or employment in the City Government, or hold any contract for
services to the City which could create a significant conflict with their duties as Commissioners and shall
be appointed by the City Council to serve for specified terms or at the discretion of the City Council. Their
principal function shall be to advise the City Council on all matters pertaining to personnel administration,
recommend adoption of amendments to the Civil Service Rules, make any appropriate investigation
regarding personnel administration, and provide an appeals procedure for classified employees.
2.2 Selection: Commissioners shall be selected by majority vote of the City Council.
2.3 Organization and Protocol: The Commission shall select a Chairperson for an annual term
beginning each July 1 or thereafter. Such shall be by majority vote of the Commission based on
nominations from the Commissioners. The Commission shall not conduct official business unless a
quorum (3 members) is present.
The Commission shall decide its own meeting procedure. The Chairperson shall be the presiding officer
and ceremonial representative, and may make and vote on each motion. The Commission shall set the
time, place, and frequency of regular meetings, and shall make such decision known to the Personnel &
Employee Relations Director.
2.4 Records: The Commission records shall consist of minutes of the Commission meetings and
such data as the Commission designates are matters of Commission record. Such records shall be
maintained for the Commission by the Personnel Department staff. Commission minutes shall not be
confidential unless otherwise noted.
2.5 Assistance: The staff of the Personnel Department shall provide such assistance to the
Commission as needed, and shall make such recommendations as deemed appropriate. The Personnel
& Employee Relations Director or the Director’s designated representative, unless excused by the
Commission, shall attend each meeting.
2.6 Confidentiality: Whenever a matter coming before the Commission involves the personal
conduct or affairs of an individual employee, it shall be treated as confidential, and every effort shall be
made by the Commission to avoid unnecessary revelation of the case or embarrassment to the individual
both in discussing the matter and in taking action with respect to the individual. The Commission may, if
discretion warrants, conduct closed meetings for such periods of time as may be necessary to discuss
such cases, pursuant to applicable State laws governing public meetings. All personnel records shall be
confidential except as provided by law.
2.7 Coordination: The Commission shall, at its discretion, provide for maximum coordination of all
deliberations with all principals involved by giving public notice of its meetings and hearings. Specifically,
it may invite the representatives of various employee groups, department heads and others to its
meetings, depending upon the nature of the discussions to be held.
RULE 2
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2.8 Powers and Duties: The Commission shall have the power and duty to:
a. Act in an advisory capacity and formulate policy recommendations to the City Council on
matters pertaining to personnel administration;
b. After a public hearing thereon, recommend to the City Council the adoption of amendments
to or repeal of the Civil Service Rules;
c. Make any investigation which it may consider desirable concerning the administration of
personnel in the Classified Service and report its findings to the City Council;
d. Hear appeals of any employee under the Classified Service who has received a reduction in
step within a salary range, suspension, demotion, or dismissal, or who is appealing the denial
of a grievance, and report in writing to the appointing authority, City Manager, employee
and/or City Council its findings, conclusions and recommendation;
e. Review city-wide salary studies for classified positions, conducted every five years among
other public agencies, to ascertain whether the salaries being paid City employees for similar
work are comparable, fair and reasonable, and make recommendations with respect thereto
to the City Council;
f. Exercise such functions with respect to the Civil Service System not inconsistent herewith, as
may be prescribed by the City Council.
2.9 Subpoenas, Oaths: In any investigation or hearing conducted by the Commission, it shall have
the power to compel the attendance of witnesses or the production of evidence before it by subpoenas
issued in the name of the City and attested to by the City Clerk, and to examine such witnesses under
oath. The refusal of any person to attend or to testify in answer to such a subpoena shall subject said
person to prosecution in the same manner as set forth by law for failure to appear before the City Council
in response to a subpoena issued by it. Each Commissioner shall have the power to administer oaths to
witnesses.
2.10 Mail Box: The Commission shall maintain a mail box at the post office for the purpose of
receiving mail directly from the sender. Mail received at this box shall only be opened at a meeting of the
Commission.
2.11 Exception: A four-fifths majority vote of both the Civil Service Commission and the City Council
shall be required to grant an exception to the provisions of any rule which, if literally followed, would effect
an absurd or unfair result in any particular case.
RULE 3
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RULE 3
CLASSIFICATION
3.1 Policy: The purpose of classification is to establish and maintain a system of written job
analyses by job titles and duties, which accurately represents the assignment of duties by organization
and function to individuals and which describe the qualifications necessary to perform such duties
satisfactorily. There shall be a class specification for each job classification in the Classified Service. The
class specifications shall contain the duties, assignments, title, and requirements as to education,
experience, licenses and other special characteristics.
The appointing authority may establish as many classes as the appointing authority wishes pursuant to
this Rule, whether or not the appointing authority fills such classes; and may fill as many classes as the
appointing authority’s budget allows subject to budgetary constraints as may be imposed by the City
Council.
3.2 Existing Classifications: All classifications presently existing as of the date of adoption of these
revised Rules, as evidenced by the records of the Personnel Department, shall continue in full force and
effect unless subsequently changed pursuant to the procedures contained in this Rule.
3.3 Procedure:
a. Processing: The establishment of a new classification or a reclassification may be
requested by any member of the City Council, Commission, appointing authority or any
employee of the City. The request shall be prepared and submitted to the Personnel &
Employee Relations Director and the affected department head, and attached thereto shall
be a description of the duties to be performed, and such information or attachments as may
be necessary to consider the case. The Personnel & Employee Relations Director shall
review the requested action with the requesting party and make such recommendations to
the Commission as the Personnel & Employee Relations Director deems appropriate.
The Personnel & Employee Relations Director’s recommendations shall be communicated to
the originator, the affected appointing authority and employee organization. If any party
disagrees with the Personnel & Employee Relations Director’s recommendations, such
objection may be presented in writing or verbally to the Commission at the time for
consideration of the recommendation.
b. Reclassification: When the duties and responsibilities of a position are modified to add or
delete significant functions, skills, or authority, educational requirements or other factors
which may affect compensation decisions, the classification may be redefined to reflect the
new level. This constitutes a reclassification of the position. The process specified in these
Rules for establishing a new classification or changing an existing classification is to be
followed for processing a reclassification, which may result in establishment of a new
classification or promoting the position to an existing classification.
(1) Basis for Reclassification: Reclassification of an employee shall be based upon
specific and significant changes in duties and responsibilities, and shall not be used
as reward or punitive action, or to circumvent these Rules regarding promotion,
demotion or layoff. No employee shall be reclassified to a class for which they do not
possess the minimum qualifications.
RULE 3
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(2) Reclassification to Higher Level Position: Should an employee’s permanent
position be reclassified to a higher level position, based upon the duties and skills
currently being performed, the employee shall be entitled to that classification upon
recommendation by the Appointing Authority and verification by the Personnel &
Employee Relations Director that the employee meets the minimum requirements of
the new classification.
(3) Layoff Rights for Reclassified Employees:
i. An employee whose position is reclassified to a lower level classification
shall be entitled to lay off rights as it pertains to the higher classification.
ii. An employee whose position is reclassified to a higher classification and is
deemed not qualified for the higher classification shall be entitled to lay off
rights, as it pertains to the lower classification.
c. Appeal: Any employee subject to these Rules, except as otherwise provided herein, may
appeal by filing written objections to the Commission regarding the proposed classification
action. Such objections shall be considered at the same time as the Commission considers
the recommendations of the Personnel & Employee Relations Director. Commission
recommendations for modification of the classification shall be forwarded through the
Personnel & Employee Relations Director to the City Council for final approval. This shall
constitute the appeal process for classification actions except as provided in the grievance
procedures in these Rules.
d. Duty Assignments: An employee may be assigned related or collateral duties, not
specifically named in a class specification, and which do not alter the primary responsibilities
of the classification, as deemed necessary by the employee’s appointing authority, without
requiring a modification of the class specification or a reclassification.
e. Prohibitions: No appointment shall be made to a classification which is not authorized
under this Rule.
RULE 4
- 15 -
RULE 4
COMPENSATION
4.1 Policy: It shall be the policy of the City government to establish and maintain a system of pay
and allowances which fairly compensates each employee in accordance with the duties of the
classification; in accordance with the pay for the classification in comparison to the pay of other
classifications in the City; and in comparison to the pay of similar classifications in local governmental
jurisdictions, as appropriate.
4.2 Compensation or Pay Plan: The Personnel & Employee Relations Director shall prepare and
maintain a pay plan which shall list all titles, ranges, steps, numbers, and rates of pay for all positions in
the Classified Service. The pay plan shall be available to any person requesting same.
4.3 Changes in Compensation of Individual Employees: Changes in the compensation rate of
individual employees shall be accomplished by a personnel action processed through the Personnel and
Employee Relations Director or designee.
4.4 Use and Alteration of Compensation Plan: The compensation plan shall be used as the basis
for the payment of compensation to all employees of the City governed by this Rule, as well as in
recruitment, classification, and other matters. Alterations of the compensation plan shall be accomplished
by City Council Resolution. The compensation plan in existence as of the adoption of this Rule shall
continue in full force and effect unless changed by approval of the City Council.
4.5 Range and Steps:
a. Ranges - Salary: Each classification governed by this Rule shall be assigned a range
number indicating its pay span in steps. Changes in range number assignments shall be
accomplished pursuant to these Rules.
b. Steps – Salary: Each salary range (except Police and Fire classifications), shall consist of
five (5) steps representing increases in monthly pay.
4.6 Pay Basis: The pay structure of classified employees shall be based on monthly salary. When
an employee is to be paid by the hour, the employee’s personnel action shall so state. In such cases, the
employee shall be paid according to the number of hours the employee worked.
4.7 Determination of Compensation Rate and Step Increases: Employees shall advance through
the pay steps of their respective range based upon overall satisfactory performance on performance
evaluations.
a. Probationary employees shall be advanced from Step A of the pay range to which they are
assigned to Step B upon the completion of six (6) months of overall satisfactory performance
with the City.
b. Probationary employees who are initially assigned to any step higher than Step A shall be
advanced to the next highest salary step upon the completion of one (1) year overall
satisfactory performance in the step to which they were assigned.
c. Employees with permanent status shall be advanced to the next highest salary step upon the
completion of one (1) year of overall satisfactory performance in the step to which they were
assigned (until said employees attain Step E of the range to which they are assigned).
d. Employees who are promoted shall take a new anniversary date for step increases, said date
being the first day of work in the new job classification. RULE 4
- 16 -
e. Employees assigned to a lower classification shall retain the anniversary date held prior to
the assignment. The salary of these employees may be subject to the “Y” rating principle.
f. When an employee is assigned to a lower classification with a top step hourly rate higher
than the employee’s former hourly rate , the employee shall be entitled to a step in the new
range equivalent to, but not less than, the employee’s former hourly salary rate. If such step
assignment is less than the top step of the new range, the employee shall continue to receive
step advancements as provided in (c) above.
g. Exceptions to step assignments may be made either under the provisions of the rule
applicable to personnel actions or by action of the appointing authority as approved by the
City Manager.
4.8 Separation Pay: Any permanent or probationary employee that terminate employment shall be
paid for such accrued leaves (vacation, sick, holiday pay, compensatory time, etc.) as authorized
pursuant to State laws and the respective MOU or Resolution governing the pay and benefits of that
employee’s classification. It shall not be necessary to carry such employee on the payroll for any leave or
vacation period. When separation is caused by the death of an employee, separation pay and any other
accrued monies owed shall be made to the designated beneficiary of such employee following notification
of the death to the Personnel Department.
4.9 Special Compensation:
a. Definition: An employee may be assigned additional duties beyond the scope of the
employee’s regular classification when operational conditions necessitate prioritizing these
duties as an essential function of the division and/or department and the qualifications and
skill level of the employee are appropriate to fulfill the duties.
(1) Such additional pay shall not be considered a promotion, and may be reduced or
removed without cause, notice or appeal rights.
(2) No person shall receive both special compensation and acting pay as set forth in the
respective MOUs.
(3) Special Compensation is not an assignment to a vacant, higher level position, but is
an assignment of duties that are added to current classification/position duties.
(4) Special Compensation is temporary in nature.
(5) Special Compensation is distinct from assignment of collateral duties in that the
duties for which the employee receives special compensation are of a higher or more
complex nature than the employee’s permanent classification.
b. Eligibility: Special compensation shall only be given when an employee is assigned higher
level duties that are in excess of eighty (80) consecutive hours. Employees shall be
precluded from receiving special compensation while on any type of leave of absence. RULE 4
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c. Process:
(1) The City Manager may approve special pay commensurate with the additional duties,
while such duties are assigned, for up to six (6) months. Such special pay may be an
amount not to exceed 10% of the employee’s regular base pay.
(2) If at the end of six (6) months the department needs an extension of special
compensation, the request shall be submitted to the City Manager in writing, who
may then renew the special compensation for another six (6) months. By the end of
the extension period the department must determine the long-term nature of the
additional duties and operational needs; only one renewal period is allowed.
(3) By the end of the first or second six (6) month period, the department must cease the
situation leading to special compensation, request a permanent reclassification, or
make other such personnel or operational changes that will absorb the additional
duties. The additional duties must cease at the same time as the special
compensation ceases.
RULE 5
- 18 -
RULE 5
APPLICATIONS AND APPLICANTS
5.1 Applications: The Personnel Department shall issue and receive applications for a position
advertised, and shall review and verify each application for completeness, the qualifications of the
applicant for the position, including the verification of education, prior employment and military service.
All such applications shall be retained by the Personnel Department in conjunction with other data
governing the recruitment process and shall be available for inspection by the appointing authority.
5.2 Rejection of Application: The Personnel & Employee Relations Director may reject any
applications submitted for any of the following reasons:
a. Failure of the applicant to meet one or more of the announced requirements for the
examination, such as training and experience, education, certification or licensing, or other
requirements.
b. False statements by the applicant with regard to any material facts.
c. Any fraudulent practice or attempt thereof by the applicant in connection with any phase of
the recruitment and selection procedure.
d. Criminal conviction record of an applicant including pleas of guilty and nolo contender, after
considering the following:
(1) the classification, including sensitivity or confidentiality, to which the person is
applying and whether the conviction is significant in relation to specific duties or
tasks;
(2) the nature and seriousness of the offense;
(3) the length of time elapsed since the conviction;
(4) the age of the applicant at the time of the conviction;
(5) the presence or absence of rehabilitation efforts.
Applicants for Peace Officer positions who have felony convictions shall be disqualified
pursuant to State law.
e. Discharge from public or private employment for cause in the absence of mitigation as
provided in (d) 1 through 5 above.
f. Discharge from the Armed Forces of the United States under conditions other than
honorable, in the absence of mitigations as provided in (d) 1 through 5 above.
g. Reasons, other than the aforementioned, which would indicate unfitness of the applicant for
the position; upon determination of the Personnel & Employee Relations Director and
approval by the Civil Service Commission. RULE 5
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5.7 Physical Requirements:
a. All candidates selected for City employment shall meet the pre-placement physical
requirements for the classification for which they have been selected and be able to
successfully perform the assigned job duties, with or without reasonable accommodation.
The examining physician shall report to the Personnel & Employee Relations Director any
physical condition which, in the examining physician’s opinion, may impair the ability of the
candidate to perform the duties to which the candidate is to be appointed. Physical and/or
psychological conditions which cannot be reasonably accommodated are causes for
rejection.
b. The physical requirements for entrance employment shall be maintained by the Personnel
Department. Where physical requirements are to be key factors in job performance, the
requirements shall be listed on the Job Bulletin for the position under recruitment.
c. Information contained in reports of medical examination shall be confidential, shall be
maintained separately from Personnel files, and shall not be released to anyone other than,
the City Attorney, Risk Management, and the Personnel & Employee Relations Director
without permission of the affected employee.
RULE 6
- 20 -
RULE 6
RECRUITMENT AND EXAMINATIONS
6.1 Fair Employment Practices: Any technique or procedure used in recruitment and selection of
employees shall be designed to measure only the job related qualifications of applicants and their
suitability for a particular position. No recruitment or selection technique shall be used which is not
justifiably linked to successful job performance.
The City is committed to provide equal employment opportunities to all job applicants regardless of race,
color, gender, national origin, marital status, religion, age, disability, political affiliation, sexual orientation/
identification.
6.2 Recruitment:
a. Basis of Recruitment: Whenever a vacancy occurs in any department of the City, the
appointing authority may request the recruitment of qualified applicants to fill such vacancy.
The request shall be accomplished by means of the proper form submitted to the Personnel
& Employee Relations Director. The Personnel & Employee Relations Director, pursuant to
Appointment provisions, shall seek qualified applicants to fill the vacancy.
b. Advertising: The Personnel & Employee Relations Director shall distribute the Job Bulletin
to such places as the Director deems necessary to attract qualified applicants, and may
advertise the vacancy in a local or metropolitan newspaper of the Director’s choosing for
such time and in such manner as deemed appropriate. One copy of each Job Bulletin shall
be posted on the bulletin board of the Personnel Department as long as the recruitment is in
effect.
c. Appeal: An appeal may be made directly to the Personnel & Employee Relations Director by
any City employee or applicant relative to Classified Service recruitment or examination
matters concerning an applicant, within ten (10) working days of written notification of
examination results. Appeals from the decision of the Personnel & Employee Relations
Director may be made by filing a written request directly to the Civil Service Commission.
6.3 Authority to Examine: Whenever the Personnel & Employee Relations Director is in receipt of a
Certification Request and is unable to fill the request by transfer, reinstatement, appointment from an
active eligible list, or for other reasons that an examination is desirable, the Personnel & Employee
Relations Director shall conduct an examination to establish a list of eligible persons for probationary
appointment.
6.4 Commission Approval: When required, Commission approval of the request for an examination
shall stipulate the components of the examination, the categories of persons eligible to take the
examination, and the Job Bulletin.
Where an examination is necessary the Personnel & Employee Relations Director shall prepare a Job
Bulletin pursuant to the Job Bulletin provisions. It shall not be necessary to obtain approval of a job
bulletin if the Commission has previously approved the specification and bulletin for the classification and
there has been no change in the minimum requirements, the weight of the examination components, or
the open or promotional nature of the recruitment. RULE 6
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6.5 Job Bulletin: The Job Bulletin shall include, but not be limited to, the following information:
a. The title of the position;
b. A brief description of the duties of the position;
c. The minimum and maximum pay of the position;
d. The category of persons eligible to take the examination;
e. The components of the examination;
f. The date and place of the examination, if known;
g. Citizenship, residence, age and sex (as permitted or required by law);
h. The qualifications required for the position in terms of education and experience;
i. Physical qualifications if unusually restrictive;
j. The last date applications will be accepted;
k. The mailing address of the Personnel Department; and
l. Such other information as the Personnel & Employee Relations Director or the Commission
may consider to be pertinent.
6.6 Examination Components: An examination to establish an eligible list shall consist of one (1) or
more of the following components:
a. Written test to determine aptitude and/or knowledge of position and duties;
b. Oral test to determine suitability, presentation and communication skills, knowledge of
position and aptitude;
c. Demonstration test to determine ability to perform duties of position;
d. Evaluation of experience and education to determine suitability for position;
e. Physical agility test to determine ability to physically perform the duties of the position.
6.7 Pre-Placement Employment Offer Components: Shall be based on the satisfactory completion
of one (1) or more of the following, depending on the requirements of the job:
a. A review of the applicant’s conviction record;
b. Medical, physical and/or psychological examination, which may include a drug screening to
determine state of physical and/or mental condition in connection with duties of the position,
at the City’s expense prior to appointment;
(1) Medical and physical examinations will be performed by a licensed physician;
(2) Psychological examinations will be performed by a clinical psychologist;
c. A background investigation consisting of inquiries to friends, relatives, working associates
and former employers to determine character of applicant;
RULE 6
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d. A review of the credit records of the applicant to determine suitability as a government
employee, by contract with an agency qualified to perform such a review;
e. Such other legally authorized tests or investigations requested by the appointing authority
and approved by the Personnel & Employee Relations Director or Civil Service Commission.
6.8 Examination Categories: Examinations authorized by the Commission shall be included in one
(1) of the following categories:
a. City Departmental Promotional: This examination shall be restricted to qualified
employees employed in the department having the vacancy.
b. City Promotional: This examination shall be restricted only to qualified City employees.
c. Open: This examination shall be open to any person who applies, and meets the
qualifications enumerated in the Job Bulletin and these Rules.
6.9 Promotional Examinations: Insofar as practical, consistent with these Rules and consistent
with the best interests of the City, vacancies in the Classified Service shall be filled by promotion from
within the City. When a position is vacant and there is no current eligible list, the appointing authority may
request either an open or a promotional examination to establish an eligible list. The Personnel &
Employee Relations Director shall then recommend the appropriate examination category to the
Commission for approval.
6.10 Contractual Services: The Commission may approve the use of materials from a public or
private agency, or the coordination of an examination with other public agencies, or recommend the City
Council contract with the legislative body or governing board of any other municipality or county within
this State, with any State department, or with any private agency, for the conduct of competitive
examinations to ascertain the fitness of applicants for positions and employment in the Classified Service,
and for the performance of any other service in connection with personnel recruitment, selection,
classification or administration.
6.11 Use of Outside Examination Agents: The City Council, upon the recommendation of the
Personnel & Employee Relations Director and Commission, may contract with a person or agency for the
purpose of conducting examinations, which person or agency shall be professionally qualified to examine
persons for employment in governmental jurisdictions. The Personnel & Employee Relations Director
shall ensure that examinations are conducted pursuant to the Rules. For the purposes of establishing an
Eligible List, every effort shall be taken to ensure objectivity and neutrality of raters, examiners, proctors
and observers. The Personnel & Employee Relations Director shall determine if and when City
employees, electors or elected officials may participate in the examination process. The decision of the
Personnel & Employee Relations Director is final.
6.12 Grading and Weighting:
a. Method: The components of each examination shall be administered, graded and weighted
by the examiners. The formula for such grading and weighting shall be applied in the same
manner for each individual examination.
b. Veterans’ Preference: The score derived from grading and weighting for those candidates
who receive passing grades shall be increased by adding three (3) points to their score
where an examinee has submitted adequate proof to the Personnel & Employee Relations
Director that the applicant has been honorably discharged from active duty in the Armed
Forces of the United States after serving for a period of at least one year, or if discharged for
disability. These additional three (3) points may only be used as a means to obtain an
appointment when entering the Classified Service of the City of Culver City. Where an
examination is both open and promotional, City employees shall receive Veterans’
Preference on the same basis as other applicants. RULE 6
- 23 -
c. Seniority Preference: Each employee who receives a passing grade on an examination
shall receive one-quarter (1/4) point additional credit for each aggregate year of service with
the City to a maximum of two (2) points (eight or more years of service). In every instance,
points shall only be awarded for completed full years of employment in the City, and the
controlling dates for computation shall be from the date of entrance on duty with the City to
closing date of filing for the examination.
Exceptions:
(1) Promotional Exams: For the purpose of promotional examination within the Fire
and Police Departments, seniority preference points shall be allowed for each
completed year served as a permanent employee within the Department conducting
the promotional examination.
(2) RPT Seniority Points: In open and competitive examinations, the City shall provide
existing Regular Part-time employees one quarter (1/4) point additional credit for
every 2,080 hours of service up to a maximum of four (4) points to the final score of
the eligibility list.
6.13 Review of Scores by Examinees: The Personnel Department will provide examinees with the
opportunity to review exam results and rating comments. Examinees may only have access to the
following information: component scores and rating comments, but without identification of the raters
making such comments.
RULE 7
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RULE 7
ELIGIBLE LISTS
7.1 Policy: The names of those examinees that have passed an examination, together with their
weighted scores on each component of the examination and in total, shall be known as the Eligible List
and shall be transmitted to the Personnel & Employee Relations Director for certification.
7.2 Final Scores: The final score shall include all scored and weighted components of the
examination, seniority preferences points and veteran’s preference points, as provided for in these Rules.
Final scores will be rounded to the nearest whole number, e.g., 92.49 would be rounded down to 92 and
92.50 would be rounded up to 93.
7.3 Rank: Identifies the order of placement of an examinee on the eligible list. The examinee with
the highest final score shall receive rank 1 and be placed first on the list, the examinee with the next
highest score shall receive rank 2 and be placed second on the list, etc., until the name of the examinee
with the lowest passing score and corresponding rank is listed. Examinees with the same final scores
shall be listed as occupying equal rank, listed alphabetically.
7.4 Certification: Upon review and approval of the eligible list, the Personnel and Employee
Relations Director shall certify it for use in the selection of an appointee. When an examination process
does not produce a valid eligible list of at least five (5) qualified candidates, the Personnel & Employee
Relations Director may approve the use of a valid eligible list created for a higher classification when the
Director determines that candidates on that list are qualified and interested in appointment to a related
lower classification.
7.5 Duration of Eligible Lists: Each certified eligible list shall be valid for use for a period of one (1)
year, unless exhausted sooner. The eligible list may be extended for up to one (1) additional year by
Commission approval. The extended eligible list shall be valid until establishment of a new list in the
same classification, except as set forth below.
7.6 Consolidation of Eligible Lists: In the event of the establishment of an eligible list where
another list for the same classification exists, the two (2) lists may be combined by the Personnel and
Employee Relations Director and the names of the persons on each list shall be merged in such a
manner as the highest scoring examinee is first, the next highest scored is second, etc., pursuant to these
Rules. The consolidation of eligible lists as provided in these Rules shall not have the effect of extending
the duration of any eligible list unless specifically provided and approved by the Commission.
7.7 Rules of Certification: Eligibles who are available for appointment shall be referred according to
the examination type. If an appointment is made, the appointing authority is required to appoint from the
five (5) ranks that were certified by the Personnel & Employee Relations Director and may not make a
temporary appointment in lieu of making a selection from the eligible list, unless fewer than five (5) ranks
appear on the list, in which case the appointing authority may request to terminate the list.
a. Open & Competitive Examinations: The Rule of Five (5) ranks will be used for these types
of examinations. All of the eligibles in the five (5) highest ranks, including ties, will be
referred, in alphabetical order, in consideration of filling a vacancy.
b. Promotional Examinations: The Rule of Three (3) ranks will be used for these types of
examinations. All of the eligibles in the three (3) highest ranks, including ties, will be referred,
in alphabetical order, for consideration in filling a vacancy. RULE 7
- 25 -
c. Special Examinations: The following types of recruitments may use the Rule of Ten (10)
ranks to fill vacancies:
1. Fire Fighter Recruit
2. Police Officer Recruit
3. Bus Operator Trainee
7.3 Certification of Eligibles for Multiple Vacancies: The number of additional eligibles certified to
appointing authorities with multiple vacancies from open & competitive examinations will depend on the
type of referral method used:
a. Rule of Five: When there are multiple vacancies for open & competitive examinations, the
appointing authority shall be certified one (1) additional rank for each additional vacancy
beyond the five (5) highest ranks provided for under the Rule of Five.
(1) Examples:
i. If there are two (2) vacancies, all of the eligibles in the six (6) highest ranks
will be certified to the appointing authority.
ii. If there are three (3) vacancies, all of the eligibles in the seven (7) highest
ranks will be certified to the appointing authority.
b. Rule of Three: When there are multiple vacancies for promotional examinations, the
appointing authority shall be certified one (1) additional rank for each additional vacancy
beyond the three (3) highest ranks provided for under the Rule of Three.
(1) Examples:
i. If there are two (2) vacancies, all of the eligibles in the four (4) highest ranks
will be certified to the appointing authority.
ii. If there are three (3) vacancies, all of the eligibles in the five (5) highest ranks
will be certified to the appointing authority.
c. Rule of Ten: When there are multiple vacancies for special examinations, the appointing
authority shall be certified ten (10) additional eligibles for each additional vacancy beyond the
ten (10) ranks provided for under the Rule of Ten.
(1) Examples:
i. If there are two (2) vacancies, twenty (20) eligibles will be certified to the
appointing authority.
ii. If there are three (3) vacancies, thirty (30) eligibles will be certified to the
appointing authority. RULE 7
- 26 -
7.9 Eligibles Not Selected: An appointment shall be made from the eligibles certified to the
appointing authority in consideration of a vacancy. Eligibles not selected for appointment in a given
classification will remain on the eligible list for that classification and may be considered for future
vacancies within the classification until any of the following occur:
a. The eligible list expires for the classification;
b. The eligible is disqualified for the classification in the selection process for job related
reasons;
(1) Examples:
i. Eligible fails to pass the pre-placement medical examination after having
received a conditional job offer.
ii. Evidence is obtained that proves the eligible was dishonest during the selection
interview(s) or in any of the application materials submitted to secure
employment.
c. The eligible receives a probationary appointment in the classification. Candidates who are
offered or who are selected for a lower classification shall remain on the eligible list for the
higher classification.
7.10 Recertification of Deferred Eligibles: Eligibles not selected will be considered Deferred
Eligibles and will not be recertified to the same appointing authority for future vacancies unless a request
is made to do so by the appointing authority. However, an eligible may request to be re-interviewed for a
subsequent vacancy in the same classification and same division.
7.11 Recertification of Eligibles: Occurs when an eligible that was not selected is referred one or
more times to the same appointing authority or same division within a twelve (12) month period. The
appointing authority reserves the right to request that Deferred Eligibles be recertified and re-interviewed
for subsequent vacancies within the same classification and division.
7.12 Elimination of Eligibles: Examinees on eligible lists may be eliminated by the Personnel &
Employee Relations Director for any of the following:
a. Selection from eligible list and receipt of probationary appointment;
b. Two (2) declinations of offers of employment or three (3) waivers of certification from a single
eligible list;
c. Failure of candidate to respond to a written or verbal inquiry within five (5) working days of
such inquiry;
d. Failure of candidate to appear for an interview without notifying the Personnel & Employee
Relations Director or appointing authority;
e. Falsification of application and/or related documents by candidate;
f. An evaluation indicating unsatisfactory physical and/or psychological fitness of the candidate
with respect to the requirements of the position applied for, including unsatisfactory results on
post-offer drug test and/or refusal to submit to said test, where applicable, as determined by
the City’s Physician and/or qualified psychological practitioner, as applicable;
g. Voluntary withdrawal by candidate
RULE 7
- 27 -
h. Information derived from any component of the recruitment, testing and/or selection which
indicates the unsuitability of the applicant for employment, such as an unfavorable reference
check;
i. Disqualification under any part of these Rules.
7.13 Termination of Eligible Lists: The appointing authority may request that the Personnel &
Employee Relations Director terminate an eligible list for good cause. Good cause shall include, but not
be limited to:
a. The list has exceeded the standard life of an eligible list, one (1) year.
b. There are less than the required number of eligibles on the list for certification for:
(1) Open and Competitive Examinations: Less than five (5) ranks; or
(2) Promotional Examinations: Less than three (3) ranks; or
(3) Special Examinations: Less than ten (10) ranks.
c. At least fifty percent (50%) of the eligibles on the list are unavailable, not interested or have
been appointed.
d. The position for which the eligible list was established has changed significantly and the
candidates on the eligible list do not posses the knowledge, skills or abilities now required of
the new position or revised classification.
The appointing authority, after a request to terminate an eligible list has been denied by the Personnel &
Employee Relations Director, may appeal such decision to the Civil Service Commission.
RULE 8
- 28 -
RULE 8
APPOINTMENT
8.1 Appointment Policy: All appointments of persons to positions in the classified service shall be
accomplished in such a manner as to secure and retain the most qualified employees available and shall
adhere to the Anti-Nepotism Policy. The appointment of employees on a temporary basis shall be kept to
a minimum as is compatible with operational requirements. All appointments are to be made in a fair and
equitable manner, providing all qualified persons with an equal opportunity to serve in the employ of the
City government.
8.2 Anti-Nepotism Policy: Because of the potential for creating adverse impacts on employment,
supervision, safety, security or morale, members of an employee’s immediate family shall not be
employed in the direct line of supervision of one another. If any of these provisions conflict with the City
Council Policy relating to Anti-Nepotism, the provisions in these Rules shall prevail. This policy shall be
applied as follows:
a. Special Definitions: The following special definitions shall apply to this Rule:
(1) Immediate Family (of affected employees): The following relationships whether
established by blood, marriage or other legal actions:
i. Parents, grandparents, step-parents, step-grandparents, brothers, sisters,
half-brothers, half-sisters, step-brothers, step-sisters, children, children’s
spouse, grandchildren, step-children, step-grandchildren.
ii. Spouse and spouse’s parents, grandparents, step-parents, step-
grandparents, brothers, sisters, half-brothers, half-sisters, step-brothers,
step-sisters, children, children’s spouse, grandchildren, step-children, step-
grandchildren.
(2) Direct Line of Supervision: Any regularly assigned employment relationship
wherein an employee holds a position with any control or authority over an immediate
family member. A City Council member shall be deemed to hold a position of control
and authority over every City employee. A member of a City Commission or Board or
Committee shall be deemed to hold a position of control and authority over every City
employee who is regularly assigned as staff support to that member’s Commission,
Board or Committee.
b. Applicability: All employees, regardless of appointment status, are subject to this Anti-
Nepotism Policy.
This policy shall not be applicable to any person whose immediate family member is elected
to the City Council or Commission, if such a person, at the time of such election, is currently
employed by the City.
c. Notice to Affected Employees: When a relationship that is subject to the Anti-Nepotism
Policy is disclosed or discovered, the Personnel & Employee Relations Director will cause a
written notice to be served on the affected employees. Said notice will advise the affected
employees of the following:
(1) Employee Right to Transfer: If a transfer opportunity is available, the employee
shall have the opportunity to transfer subject to Transfer provisions set forth in these
Rules. RULE 8
- 29 -
(2) Information Regarding Available Transfer Opportunity: Provide general
information regarding any available transfer opportunities, e.g. classification title,
department, work schedule, etc.
(3) Employee’s Right To Resign: The affected employees, upon being advised of their
rights, shall have the right to resign if neither employee wishes to exercise the right to
a transfer opportunity or if said opportunity is not available. The resignation shall be
effective within a reasonable time period, not to exceed thirty (30) calendar days after
the resignation decision or notice of transfer unavailability.
(4) Consequences of Employees Failing To Decide Who Will Resign: The decision
regarding who shall resign may be made by the affected employees. However, if no
decision is made within thirty (30) calendar days of the written notice, the following
shall apply:
i. Employee Removed From Duty: The employee with the most recent
appointment, transfer or promotion which resulted in the application of the
Anti-Nepotism Policy shall be removed from duty by the employee’s
appointing authority.
ii. Employee Returned To Previous Permanent Position: The employee
who is removed from duty shall be returned to their previous permanent
position, provided a vacancy exists in said classification.
iii. City Terminates Employee: In the event that no vacancies exist in the
classification in which the affected employee previously held permanent
status, the appointing authority shall terminate the employee.
Due process shall be given to the affected employees whenever applicable.
d. Right To Appeal: When an employee is affected by the Anti-Nepotism Policy, the employee
may appeal such determination to the Civil Service Commission for a final administrative
adjudication of the matter. If the employee to whom the Rule has been determined to apply
is an immediate family member of any member of the Civil Service Commission, that
Commission member shall abstain from voting on the appeal. The Civil Service Commission,
in its discretion, may use the services of a hearing officer.
e. Anti-Nepotism Policy Administrative Procedures Not Grieveable: The procedures
contained in the Anti-Nepotism Policy shall constitute an employee’s exclusive administrative
remedy. An employee may not file a grievance or other form of complaint for any
determination, decision or action taken under the Anti-Nepotism Policy, except as provided
herein. RULE 8
- 30 -
8.3 Filling of Vacancies: The Personnel & Employee Relations Director will facilitate the filling of
vacancies by referring qualified employees, eligible former employees, and candidates on eligible list to
the appropriate appointing authority. Referral for appointment will be made in the following order when
applicable:
a. Disability Transfer: Employees who have been previously transferred from a position
because of disability may be eligible for reinstatement to such former position or one identical
thereto when substantially recovered.
b. Transfer Opportunity: Permanent or probationary employees who are already in a position
within the classification in which there is a vacancy or an equivalent classification. Said
employees shall express the desire to transfer to such vacancy in accordance with the
Transfers provisions provided herein.
c. Layoff
(1) Displacement: Employees displaced to a lower classification for which they meet
the minimum requirements as a result of a reduction in the work force. Displaced
employees who meet the minimum requirements of the job shall be offered
reinstatement under the provisions set forth in Rule 14, Layoffs.
(2) Reinstatement: Employees who have been laid off from a classification identical to
that which is to be filled, shall be offered reinstatement on the following basis:
i. For employees who, at the time of layoff, were employed for fewer than five
(5) years in the classified service, if the vacancy occurs within 365 days from
the date of layoff.
ii. For employees who, at the time of layoff, had been employed for five (5) or
more years in the classified service, if the vacancy occurs within two (2)
years (730 days) from the date of layoff.
iii. Employees laid-off who were not reinstated during their respective period of
mandatory reinstatement and did not otherwise waive rights to reinstatement,
may be reinstated at the discretion of the respective appointing authority
during an additional period of two (2) years following the end of the
mandatory reinstatement period.
d. Re-employment: Former employees who have resigned within the preceding 365 days may
request to be re-employed, having held a permanent appointment in the classification from
which they resigned. The former employee may be considered at the discretion of the
respective appointing authority at the same time as examinees on an eligible list, but do not
receive preference over such examinees.
If appointed, the former employee shall:
(1) Not be required to serve another probationary period in the classification in which
permanent status was held;
(2) Be placed at the salary step held prior to separation;
(3) Not be entitled to receive any additional compensation given prior to separation, e.g.
acting pay, etc.;
(4) Receive benefits appropriate to bargaining group representing the classification;
(5) Be entitled to the leave accrual rates held prior to separation. RULE 8
- 31 -
e. Eligible List: Vacancies shall be filled by appointment pursuant to the Eligible Lists
provisions, for classified appointments or as detailed herein.
8.4 Types of Appointment: The following shall be the only appointments authorized. The
applicable type of appointment shall be cited as the subject of each personnel action request and
notification.
a. Permanent Appointment: A permanent appointment shall be effected when an employee
has satisfactorily completed the probationary period in the position to which the employee is
to be appointed, has been recommended for permanent appointment by the appointing
authority and approved by the Personnel and Employee Relations Director. A permanent
appointment provides the employee with procedural, appeal and seniority rights and
promotional priority in appointments as set forth in these Rules.
b. Probationary Appointment:
(1) A probationary appointment is the appointment of a person from an eligible list as
certified pursuant to the Eligible Lists provisions. The probationary period
commences on the effective date of such appointment to the position in the Classified
Service and extends for a period of one (1) year. The purpose of the probationary
period is to subject the employee to trial performance and training in the position to
which the employee is appointed. During the time the employee is on probation, the
employee may be rejected without appeal, except as provided by law, and is not
entitled to seniority rights in lay off, or to promotional priority.
(2) After the satisfactory completion of one (1) year of uninterrupted service, the
probationary employee may be granted a permanent appointment pursuant to the
following:
i. Submission of a completed performance evaluation and personnel action
justifying such recommendation to the Personnel and Employee Relations
Director for review prior to the end of the probationary period. No such
review or recommendation is required for a decision to dismiss or reject the
probationary employee.
ii. The failure of the appointing authority to present to the Personnel and
Employee Relations Director a personnel action form recommending
termination of probation prior to the end of the probationary period.
(3) If the appointing authority fails to present a personnel action form recommending an
extension of the probationary period prior to the end of the probationary period,
permanent status shall be effective as of the 365
th
calendar day from the date
probation began, except for extensions provided below.
(4) The probationary employee is entitled to know whether or not they are being
recommended for permanent status. The Commission may admonish any appointing
authority who fails to provide performance evaluations and notice to the employee.
(5) A classified employee who has completed probation in one classification, who is
serving a probationary period in a new classification, and who does not successfully
complete the probationary period in that classification, shall have the right to revert to
the employee’s previous classification. RULE 8
- 32 -
(6) The probationary period may not be extended except for the cumulative time the
employee was absent from work during the probationary period. In such cases, the
appointing authority may extend the probationary period for the equivalent number of
days of such absences in order that a full year of employment is completed prior to
permanent appointment.
However, at any time during the probationary period, including any extensions
provided above, the appointing authority has the right to dismiss the probationary
employee.
(7) Pursuant to State and Federal law and City policy, the probationary period may be
extended due to the probationary employee’s use of protected leave or modified duty
status.
Protected leave includes, but is not limited to:
i. Family & Medical Leave Act
ii. California Family Rights Act
iii. Pregnancy Disability Leave
iv. Americans with Disability Act
v. Workers Compensation Leave
vi. Military Leave
(8) Whenever possible, the probationary employee will be advised in writing of the
impact the use of a protected leave may have on the employee’s probationary period,
prior to use of the protected leave.
(9) A probationary employee on protected leave may have the probationary appointment
terminated during the period of protected leave under any of the following conditions:
i. Termination of employment was already in progress at the time the
probationary employee made use of a protected leave.
ii. The probationary employee would have been laid off had the employee been
at work and not on protected leave.
iii. The probationary employee is unable to perform an essential function of the
position, because of a physical or mental condition, including the continuation
of a serious health condition.
c. Provisional Appointment: A provisional appointment is:
(1) the temporary use of permanent or unclassified employees currently occupying other
positions, who meet the minimum qualifications for the examination to be used to fill
the position; or,
(2) the temporary use of persons not in the employment of the City who meet the
minimum qualifications for the examination to be used to fill the position; and
(3) only made when no eligible list is available for a vacant position and the appointing
authority deems it impractical to delay appointment until an eligible list is certified;
and RULE 8
- 33 -
(4) not to exceed one hundred twenty (120) days, nor continue beyond thirty (30) days
from the establishment of the eligible list or the date of appointment from an Eligible
List, whichever first occurs (see Terminations), except upon good cause, with
justification provided to the Personnel & Employee Relations Director and approval
received from the City Manager; and
(5) If a provisional appointee is subsequently appointed to probationary status in the
same position, the date of probation may commence with the date of provisional
appointment, on the recommendation of the Appointing Authority; and
(6) Provisional Appointments may be terminated at any time, and the appointee has no
rights to appeal the decision; and
(7) Provisional Appointees are not entitled to seniority rights in lay off, or to promotional
priority, and do not accrue benefits or service credit toward benefits during such
appointments, unless otherwise provided for in these Rules.
d. Regular Part-Time Appointment (RPT): A regular part-time appointment shall be an
unclassified employee who has been appointed to work at an average annual rate of at least
20 hours and less than 40 hours per week. A person appointed to a combination of positions
of employment with the City to serve in each such position at an annual rate of service of at
least 20 hours and less than 40 hours per week shall be considered a “Regular Part-Time
Employee” (RPT) notwithstanding the fact that the aggregate of hours worked in said
combination of positions of employment per week equals or exceeds 40 hours per week.
e. Limited Term Appointment: A Limited Term appointment:
(1) is unclassified and intended for a specified and limited period of time; and
(2) may be made for defined projects or employment tasks, and shall not exceed twelve
(12) months in duration except as extended for up to one (1) additional year but not
to exceed two (2) years total with approval by the Personnel & Employee Relations
Director; and
(3) shall be compensated at an hourly rate within the established salary range for that
classification; and
(4) may or may not receive the associated benefits of the classification occupied as
determined by the appointing authority; and
(5) does not accrue seniority or other rights provided to Classified employees, unless
otherwise provided for in these Rules.
8.5 Reversion: In the event an employee of the City holding a position under the Civil Service
System is appointed to a position not under the Classified Service, and should subsequently be removed
therefrom, the employee shall revert to his/her former position under the Classified Service without loss of
any rights or privileges and upon the same terms and conditions as if the employee had remained in said
position continuously. This right of reversion shall only be effective for a period of two (2) years from the
date of appointment to the position not in the Classified Service and shall not apply to employees
removed from City service for disciplinary reasons. RULE 8
- 34 -
8.6 Compensation:
a. The beginning rate of compensation for all appointments shall be the minimum step of the
assigned range. The beginning rate of compensation for such appointment may be set at a
step higher than the minimum step, if it is found that the employee because of experience
and ability is qualified for a rate above the minimum or if it is found to be difficult to obtain
qualified employees at the minimum step.
b. An appointment with a rate of compensation above the minimum step must be approved by
the City Manager or designee on recommendation of the appointing authority.
c. An employee promoted within the Classified Service shall be placed on the first step of the
new, higher, classification that provides no less than a five percent (5%) salary increase,
provided that such increase shall not exceed the maximum salary established for the new
classification.
d. Employees appointed as excepted or regular part-time shall be eligible for step increases
upon the completion of 1,500 hours of work in the prior step (i.e., when they have been
employed 1,500 hours, they may be increased to the “B” step, and when they have
cumulatively worked 3,000 hours, to the “C” step). The highest step they can advance to is
“C” step.
e. Employees reinstated to a former classification from layoff or following resignation shall be
eligible for such pay and benefits as they held prior to the layoff or resignation. Employees
reinstated from layoff shall have any balance of accrued leave benefits which existed at the
time of layoff, and which were not paid upon layoff, reinstated to their account.
8.7 Authority to Appoint: Under the provisions of these Rules, and except as otherwise provided
by City Charter or City Ordinances, the appointing authorities shall have the right and duty to discipline,
promote, demote, transfer and take other actions pursuant to these Rules; provided, that the City
Manager shall act for the City Council in these matters as they relate to the City Attorney, Chief of Police
and Fire Chief. It is the intent of this section to assign responsibility and accountability to certain persons
who manage or supervise employees and administer the provisions of these Rules in regard to
employees. The designated appointing authorities shall be:
a. The City Council – for the City Manager, City Attorney, Chief of Police, and Fire Chief
reporting to the City Council;
b. The City Manager – for department heads, division heads and other officers and employees
reporting to the City Manager;
c. All department heads and elected officials who serve as department heads – for subordinate
employees within their respective departments;
d. All division heads – for subordinate employees within their respective divisions.
8.8 Work Authorization: A person who is not a citizen of the United States or is not otherwise
legally authorized to work in the United States shall not be appointed. RULE 8
- 35 -
8.9 Performance Evaluation During Probation: The appointing authority or designee shall provide
each employee with a description of the duties the employee is to perform, counsel the employee as to
the organization, functions, and mission of the department, and apprise the appointee of the job
performance expected of the employee, both at the time of appointment as well as during the period of
probation. At quarterly intervals during the probationary period, the appointing authority or designee shall
evaluate the performance of the employee, notify and discuss with the employee such evaluation, and
inform the employee of improvements needed and expected in job performance.
8.10 Procedure:
a. General: All appointments, transfers, and terminations shall be requested and effected by
means of the proper forms processed in accordance with these rules. The intent of this
section is to provide for uniform practices, control and coordination in processing Personnel
Actions.
b. Personnel & Employee Relations Director Responsibilities: The Personnel & Employee
Relations Director shall review all requests for appointment for conformity both to these Rules
and to the compensation plan and shall:
(1) Effect the appointment by means of the proper form processed in the manner
prescribed by the applicable Rule; or
(2) Return the request disapproved, stating the reasons for disapproval and the
requirements for compliance with these Rules.
c. Commission and Council Action: Pursuant to Rule 16, all Personnel Actions shall be listed
on the “Personnel Action Log” and shall be provided to the Commission and the City Council
at their next meetings following the issuance of the notification.
RULE 9
- 36 -
RULE 9
TRANSFER
9.1 Transfer: Transfer of employees between departments, divisions or other operating units may
be accomplished without examination, upon verification by the Personnel & Employee Relations Director
that the employee being considered for transfer meets the minimum requirements of the position and has
served in a similar classification with the City for at least one (1) year with satisfactory performance. A
transfer may be temporary or permanent.
a. Origination of Transfer Request: A transfer request may be initiated by an employee, an
appointing authority or the City Manager or designee, provided that, no transfer shall be
made without approval of either the City Manager or the City Council.
b. Transfer Eligibility Requirements: The only employees eligible for a transfer opportunity
are those who have already been appointed to the classification for which a transfer
opportunity exists and who have already achieved permanent status in said classification.
Employees with permanent status in a similar or equivalent classification may be considered
for the transfer opportunity, with the approval of the Personnel & Employee Relations
Director.
c. Transfer Procedures:
(1) The Personnel Department shall notify employees in writing of transfer opportunity.
(2) Employees must express an interest in writing to the Personnel Department no later than
five (5) working days of notice of the transfer opportunity, unless otherwise approved by
the Personnel & Employee Relations Director.
(3) Upon verification, the Personnel & Employee Relations Director will include all eligible
transfer requests along with the list of eligible candidates to appointing authority.
Any transfer effected by the City, or denial of a transfer for reinstatement by layoff as provided in these
Rules, shall be subject to the right of the affected employee to file a grievance.
9.2 Effect on Status: An employee who is transferred shall retain all rights and privileges of
seniority, pay, etc., of the employee’s prior classification, including permanent status, unless otherwise
provided in these Rules. The compensation shall be in accordance with the established salary range for
the classification to which they are transferring.
9.3 Transfer Because of Disability: A disabled permanent employee who is unable to perform the
essential job duties of his/her permanent classification may be placed without examination in another
position, the duties of which the employee may reasonably be expected to perform satisfactorily, provided
the employee meets the minimum requirements of said classification (See Occupational and Medical
Standards provisions).
RULE 10
- 37 -
RULE 10
DISABILITY
10.1 Occupational Medical Standards: The City shall maintain occupational medical standards for
City employment, specifying the physical and/or mental demands of all classifications, provided that such
standards are directly related to job demands which are necessary to each respective classification.
These standards shall be adhered to through the application of medical examination(s).
10.2 Medical Examinations: The medical examination is part of the selection process and shall be
conducted by the City designated physician, free of charge to the candidate. This exam is conducted to
determine the candidate’s ability to perform the essential functions of the job, with or without reasonable
accommodation. The City designated physician shall provide a written statement to the Personnel &
Employee Relations Director that state whether the candidate meets or does not meet the occupational
medical standards for the classification. Only qualified individuals who pass the medical examination will
continue in the selection process.
10.3 Qualified Individuals: Defined as employees or applicants who meet the minimum
requirements of the job and who can perform the essential functions of the job, with or without reasonable
accommodation.
10.4 Disabled Individuals: The term disabled means, with respect to an individual, any of the
following:
a. a physical or mental impairment that limits one or more of the major life activities of such
individual;
b. a record of such an impairment;
c. being regarded as having such an impairment.
10.5 Fitness for Duty Examination: A medical or psychological examination conducted by a City
designated physician may be administered to an employee, under any of the following conditions:
a. An appointing authority, having reasonable cause to believe that an employee may be
incapable of performing the essential duties of the employee’s position satisfactorily or may
pose a direct threat to the health or safety of himself/herself, fellow employees or the public;
b. The Personnel & Employee Relations Director may require that an employee who becomes
disabled, through illness or injury, shall submit to a Fitness for Duty Examination to
determine the nature and duration of illness or disability and the types of duties which the
employee may perform during the period of disability or illness;
c. The Personnel & Employee Relations Director may require further physical examinations of
temporarily disabled employees to ascertain their fitness for duty in their appointed
classification, e.g. examination(s) by specialists;
d. To ascertain the employee’s fitness for duty upon return from a leave of absence:
(1) Exceeding thirty (30) calendar days due to an illness or disability of the employee.
(2) Exceeding ninety (90) calendar days when absence is not due to an employee’s
illness or disability.
RULE 10
- 38 -
10.6 Refusal to Submit to a Fitness For Duty Examination: Failure to submit to a Fitness For Duty
Examination shall constitute insubordination and be grounds for disciplinary action.
10.7 Temporary Disability: A disability that is not expected to exceed six (6) months in duration.
Every effort will be made to accommodate employees with a temporary disability in a modified position.
10.8 Disability Interactive Process:
a. Upon receipt of the physician’s report confirming permanent disability, the Personnel &
Employee Relations Director shall engage in the Interactive Process to determine possible
modifications or accommodations that can be made in order for the employee to continue in
his/her current position.
b. If none can be reasonably accomplished, the Personnel & Employee Relations Director shall
evaluate with the employee his/her experience and education to determine what other
position the employee could perform satisfactorily with or without reasonable
accommodation.
c. The Personnel & Employee Relations Director shall consult with the affected appointing
authority regarding the position(s) the employee can be expected to perform.
10.9 Reasonable Accommodation: May include, but is not limited to, any of the following:
a. Modified duty assignment
b. Disability transfer placement
10.10 Temporary Modified Duty: Upon confirmation of temporary disability, the Personnel &
Employee Relations Director, along with the appointing authority, shall determine if there are any modified
duty assignments in which the employee could work within the employee’s disability limitations. Modified
duty assignments shall not exceed twelve (12) months.
10.11 Disability Transfer Placement: When a disability transfer is the recommended reasonable
accommodation for a permanent disability, the employee will be placed in a position in which the
employee can perform the essential functions of the job without going through a competitive examination
process, provided that the position is vacant.
The disability transfer shall be made to a classification with an equal or lower salary range than that which
is in effect for the employee’s appointed classification. The employee’s new salary shall be determined
by the salary range established for the new classification, as close to the employee’s salary as possible
without exceeding the employee’s current salary, unless otherwise approved by the City Manager.
10.12 Employment Separation Due to Permanent Disability: This process will be initiated under any
of the following conditions:
a. Employee failed the Fitness for Duty Examination, thus indicating that the employee is unable
to perform the essential functions of the employee’s job with or without reasonable
accommodation;
b. Employee is not entitled to a reasonable accommodation because failure of the Fitness for
Duty Examination is not due to a disability. RULE 10
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c. The Personnel & Employee Relations Director engaged in the Interactive Process with the
employee and determined that no position existed in which the employee could be expected
to perform the essential functions of the job.
When no reasonable accommodation can be made, the employee will be given the opportunity to discuss
the options available to the employee, e.g. separation, disability retirement, service retirement, etc., in
accordance with appropriate State and Federal laws.
10.13 Procedure: All reassignments under this Rule shall be considered transfers and shall be
accomplished by means of a Personnel Action form approved by the Personnel & Employee Relations
Director or the Director’s designee.
RULE 11
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RULE 11
DISCIPLINARY ACTIONS
11.1 Definition and Objectives:
a. Discipline is the enforcement of conformity to policies, rules, regulations and other
administrative or legal requirements or practices designed to maintain a standard of
cooperation and conduct necessary to carry out the mission of the organization successfully.
b. The appointing authority shall apply disciplinary action in an equitable and consistent manner
applicable to the situation; the action shall be documented in such a way as to be defensible
on appeal.
c. Disciplinary actions should effectively correct non-conforming behavior, be in proportion to
the severity of the misbehavior, and restore conformity. Disciplinary actions shall be
accomplished in such a manner as to avoid embarrassment of the employee being
disciplined.
d. The affected employees must be thoroughly apprised of the basis of disciplinary actions
before, during and after actions are taken.
e. Nothing in these Rules shall adversely affect an employee’s constitutional rights.
11.2 Authority to Discipline: The appointing authority has the authority to take disciplinary action
subject to these Rules.
11.3 Cause for Disciplinary Action: Grounds and cause for disciplinary action shall include the
following, provided that the alleged acts are related to the employee’s job, although charges may be
based upon grounds and causes other than those enumerated:
a. Fraud in securing employment or promotional opportunities;
b. Employee is unable, refuses or fails to perform the essential functions of the employee’s job;
c. Willful disobedience and insubordination, such as:
(1) Willful failure to conform to duly issued orders or directions of persons in a
supervisory position;
(2) Obstructive or insolent behavior directed at a supervisor;
(3) Any other disobedient behavior or insubordination.
d. Absence without authorized leave, or failure to report to work after leave of absence has
expired or been denied;
e. Abuse of sick leave or leave without pay, including but not limited to:
(1) Claiming or taking sick leave with pay without a doctor’s certificate when one is
required under these Rules or departmental policies;
(2) Patterns of sick leave abuse;
(3) Working at another job while allegedly incapacitated for City employment;
RULE 11
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(4) Other conduct inconsistent with the purpose of the authorized leave.
f. Absenteeism or tardiness which interferes with the effective and efficient performance of job
duties or has a negative impact on department operations or budget;
g. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or
verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a
conviction. A misdemeanor involving moral turpitude shall be deemed to include only crimes
involving dishonesty or serious character depravity;
h. Failure to treat other employees or the public with courtesy, respect and dignity;
i. Engaging in fighting or threatening behavior;
j. Unauthorized use of City property, including but not limited to the use of property, vehicles or
time for personal gain;
k. Performing non-City work on City time without authorization;
l. While on or off-duty, causing damage or loss of public or private property (including motor
vehicles) or waste of public supplies through omission, negligence or willful misconduct;
m. Refusal to subscribe to any oath or affirmation which is required by law in connection with
City employment;
n. Failure or refusal to appear in obedience to lawful process or order of the Council, or to
truthfully answer questions under oath, before Council and/or Commission, or a committee or
subcommittee thereof, or before a duly authorized committee of the Congress of the United
States, or of the Legislature of the State of California, or a committee or subcommittee of said
Congress or Legislature, or before any authorized court, office of tribunal, or before a Grand
Jury, on any subject relating to:
(1) Matters connected with the conduct of official business of the City or of any
department, division, board or commission thereof;
(2) Any of the matters set forth in the California Code of Civil Procedure Section 2028
and 2028.1, as amended or any successor legislation.
o. Impeding or interfering with a City-related investigation, including but not limited to:
(1) Refusing to meet or cooperate with an investigator;
(2) Knowingly providing false or misleading information;
(3) Tampering with evidence or witnesses;
(4) Threatening behavior towards witnesses to prevent witness from testifying or
participating in an investigation.
p. Retaliatory behavior towards witnesses who participate in a City-related investigation, lawsuit
or court proceeding;
RULE 11
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q. Misconduct, including but not limited to:
(1) Any act of conduct, undertaken in bad faith, which, either during or outside of duty
hours, is of such a nature that it causes discredit to fall upon the City, the employee’s
department or division;
(2) Failure to maintain proper decorum at work, including but not limited to improper
dress and greeting of the public, causing discredit to the City or employee’s
department or division;
(3) Careless or negligent behavior or conduct which causes or contributes to injury to the
employee or others;
(4) Creating, promoting or perpetuating a hostile working environment for other
employees.
r. Knowingly failing to follow the procedures set forth in these Rules;
s. Engaging in any of the following:
(1) Inefficient use of City resources or time;
(2) Incompetency;
(3) Neglect of duty;
(4) Dishonesty;
(5) Failure to perform assigned duties;
(6) Failure to meet job performance standards;
(7) Using official position or office for personal gain or advantage;
(8) Illegal political activity;
(9) Unauthorized disclosure of confidential information;
(10) Conduct which is inconsistent with the proper administration of the department in
which the employee is employed;
(11) Any conduct unbecoming an officer or employee of the City;
(12) Sleeping on the job, except when said action is legitimately required by the
employee's job responsibilities;
(13) Possession or use of a weapon, except when such possession or use is legitimately
required by the employee's job responsibilities;
(14) Use of threats, except when such use is legitimately required by the employee's job
responsibilities; RULE 11
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(15) Use of profanity, except when such use is legitimately required by the employee's job
responsibilities;
(16) Making false, vicious or malicious statements, except when such actions are
legitimately required by the employee's job responsibilities;
(17) Illegal gambling on the job, except when such action is legitimately required by the
employee's job responsibilities;
(18) Violating or failing to adhere to safety rules, practices or programs;
(19) Theft or attempted theft;
(20) Falsification of documents, including but not limited to time or payroll records;
(21) Failure to maintain a job requirement;
(22) Violation of City’s Anti-Harassment Policy, as amended;
(23) Violation of City policies on Drug & Alcohol Use in the Workplace, as amended;
(24) Failure to achieve successful completion of a mandatory EAP or Rehabilitation
program.
t. Employee has violated any provision relating to conduct of employees in the City of Culver
City’s Charter, Memoranda of Understanding, ordinances, Administrative and City Council
Policy Manuals, standards adopted by the employee’s department, other written policies,
documents or standards adopted by the City or any division thereof, or City Council, or of
these Rules and regulations, provided that the employee has been notified of the foregoing.
11.4 Enumerated Grounds not Exhaustive: The above grounds for disciplinary action are not
intended to be exhaustive and may be supplemented by other City policies or departmental regulations
not enumerated above.
11.5 Severity of Disciplinary Action: The severity of disciplinary action shall be determined after
consideration of the seriousness of the violation involved, the employee’s overall record with the City and
any mitigating circumstances. Some offenses may be the basis for disciplinary action, up to dismissal, on
the first offense. RULE 11
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11.6 Types of Disciplinary Actions: The disciplinary actions which may be imposed include, but are
not limited to, written reprimand, suspension without pay, reduction in step within a range, demotion, and
dismissal. Any single action or a combination of the preceding may be used. Disciplinary actions shall be
effective following legally required notice as provided in these Rules, and are defined as follows:
a. Written Reprimand: An official notification, in writing, by the appointing authority to the
employee, that the employee has failed to meet performance standards and/or violated any
of the Rules set forth herein, and that further disciplinary measures may be taken if the cause
is not corrected.
b. Suspension Without Pay: The temporary separation from City employment of an
employee, without compensation during the separation period and without accrual of
employee leave benefits (if the suspension exceeds 13 working days or 7 shifts in Fire), for a
period of time designated by the appointing authority as a disciplinary measure.
c. Reduction in Step Within a Range: The reduction of the step granted for merit, efficiency,
and/or length of service, which may be permanent or temporary.
d. Demotion: The movement of an employee from one class to another class having a lower
maximum rate of pay, which may be permanent or temporary.
e. Dismissal: The discharge of an employee from City employment.
An appointing authority may place an employee on a leave of absence with pay, with the approval of the
Personnel & Employee Relations Director, while determining what type of disciplinary action, if any, may
be imposed on the employee.
11.7 Written Notice to Employee: Prior to the suspension without pay, reduction in step within a
range, demotion, or dismissal of a classified employee for disciplinary purposes, written notice of the
proposed disciplinary action shall be given to the employee. The written notice to the employee shall be
reviewed by the Personnel & Employee Relations Director and/or City Attorney for conformance to these
Rules and due process requirements of law prior to distribution to the employee. Such notice shall
include the specific charges and the facts upon which the proposed action is based. The notice shall also
advise the employee of an informal opportunity to respond. The written notice may include copies of
documents or materials on which the proposed action is based or provide the employee with notice of an
opportunity to review said materials prior to responding to the proposed action.
No such prior notice is required for a written reprimand or other administrative actions as set forth in these
Rules, which is in itself a notice of deficiency which may lead to future disciplinary action. The written
notice shall be in a form prescribed by the City Attorney and the Personnel & Employee Relations
Director consistent with applicable law.
Within five (5) working days after the date the employee is provided with the notice of proposed action,
the employee shall have the right to respond, orally or in writing, at the employee’s option, to the
appointing authority or assigned Predetermination Hearing Officer concerning the proposed action. This
period may be extended by mutual written agreement or by the City Manager under mitigating
circumstances. The appointing authority shall render a final written notice of decision following this
response period and shall provide the employee with a copy of the appeal rights provided by this Rule. RULE 11
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11.8 Right to Appeal:
a. Final Determination:
(1) Written Reprimand - City Manager: A written reprimand may be appealed by filing
a grievance pursuant to the Grievance provisions, except that such appeal shall not
proceed beyond review by the City Manager.
(2) Commission - Disciplinary Actions (Excluding Written Reprimands): Any
employee in the Classified Service, who is subject to suspension without pay,
reduction in step within a range, demotion, or dismissal, shall have the right to appeal
to the Commission from that disciplinary action.
b. Appeal Procedures:
(1) Employee: An employee wishing to file an appeal shall do the following:
i. The employee shall file with the Personnel & Employee Relations Director,
no later than ten (10) working days (five shifts in Fire Suppression) following
the date of receipt of the notice of final discipline, a written answer to the
charges and an appeal requesting the Commission, hearing officer or board
to review the disciplinary action, or shall forfeit the employee’s appeal rights.
ii. The answer to the charges shall contain a statement of the issues being
appealed.
iii. The appeal shall contain a request for either an open or closed hearing
before the Commission.
(2) Personnel & Employee Relations Director:
i. Regardless of the request in the appeal for an open or closed hearing, if the
hearing is to occur before the Commission, the Commission will cause notice
to be served on the employee, pursuant to State law, at least twenty-four (24)
hours prior to the hearing, of the employee’s right to have the Commission
hear the appeal in public.
ii. In the event no request is made at the time, the hearing shall be closed.
iii. A copy of the Notice of Intent, Final Notice, and the employee’s appeal shall
be placed in the employee’s personnel file as a matter of record.
11.9 Processing: Upon the receipt of an appeal, the Personnel & Employee Relations Director shall
prepare a summary of the charges and imposed discipline for the Commission to review. The matter will
then be placed on the next regular meeting agenda to schedule a hearing date.
11.10 Hearings: Upon the scheduling of a hearing by the Commission, the Personnel & Employee
Relations Director shall notify the affected parties of the date, time, and place set by the Commission and
shall publicly post a notice of the date, time and place of the hearing together with the names of the
affected parties.
Unless incapacitated, the employee shall appear personally before the Commission at the hearing. The
employee may be represented by any person the employee selects. If the employee or the employee’s
representative fails to appear, or fails to give notice of employee’s incapacity with proof of valid cause, the
appeal shall be deemed withdrawn and the disciplinary action sustained.
The Commission may, in its discretion, grant continuances for valid reasons (e.g., incapacity of the
employee, unavailability of counsel, or documentable emergency circumstances, among others).
The hearing shall be conducted informally, and the rules of evidence shall not apply.
RULE 11
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11.11 Subpoenas: Each Commissioner shall have the power to cause subpoenas to be issued to
compel the attendance of witnesses and the production of evidence relating to the hearing subject matter.
The appellant and the department may request subpoenas to be issued to compel the attendance of
witnesses by filing such request with the Personnel & Employee Relations Director at least fourteen (14)
business days prior to the scheduled hearing. Subpoenas shall be delivered to the appointing authority or
the appellant’s representative for service.
11.12 Oaths: Any Commissioner present at the hearing shall have the power to administer oaths to
witnesses. The refusal of a City employee to testify under oath shall be grounds for disciplinary action.
11.13 Use of Hearing Officer or Board: A hearing officer or board, composed of person(s) qualified to
conduct a hearing and make findings and recommendations, may be appointed to conduct an appeal
hearing under the following conditions:
a. Commission: The Commission, upon a majority vote, may appoint a hearing officer or
board to conduct a hearing as follows:
(1) The decision to appoint the officer or board shall be based on a reasonable
determination that it would benefit the City and appellant to ensure the expeditious
completion of the hearing process.
(2) The hearing officer or board member shall not be a Commissioner or elected official
of the City.
(3) The hearing officer or board shall report their written findings and recommendations
to the Commission for review and final decision.
b. Employee: The employee shall have the option of having a hearing before a hearing officer
or board under the following conditions:
(1) The employee shall make a written request to the Commission for such hearing
officer or board, based upon a showing it would not be possible to receive an
unbiased hearing before the Commission, and the recusal of no more than two (2)
Commissioners, would not alleviate the potential bias.
(2) The hearing officer or board member shall not be a resident, employee or elected or
appointed official of the City.
(3) Such request shall be made in writing and included with the appeal as set forth in this
Rule. If such request is not made at that time, the right to a hearing officer or board
is deemed waived. RULE 11
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11.14 Hearing Procedure: The Commission, Hearing Officer or Board, through its chair, shall conduct
a hearing in the following manner:
a. The hearing shall be called to order at the scheduled time.
b. Each party shall be required to identify their witnesses and to present their pre-marked
exhibits at the beginning of the hearing. Except for good cause, at the discretion of the
Commission, Hearing Officer or Board, no witness or exhibit not identified or presented at the
start of the hearing will be allowed or admitted.
c. The Commission, Hearing Officer or Board shall maintain order at the hearing and may
enforce its orders through the following mechanisms:
(1) Exclusion or expulsion of witnesses;
(2) Expulsion of anyone who disturbs or disrupts the hearing or fails to follow any lawful
directives of the Commission, Hearing Officer or Board.
d. The Commission, Hearing Officer or Board may establish reasonable time limits for
examination and cross-examination of witnesses, require parties to attempt to stipulate to
non-controversial facts and/or to establish other rules regarding the presentation of evidence
to expedite the completion of a fair and impartial hearing.
e. Each party may present an opening statement, with the City going first. Appellant may
reserve an opening statement until the beginning of the appellant’s response.
f. The appointing authority or department representative shall, by preponderance of the
evidence, prove the conduct upon which the charges are based. The employee may present
witnesses and evidence in defense of the charges and may raise any affirmative defense. All
witnesses shall be subject to cross examination by the parties or the parties’ representatives
and by the Commission, Hearing Officer or Board.
g. Closing arguments shall then be presented, with the appointing authority or departmental
representative preceding the employee or his/her representative in presentation. The
appointing authority shall be provided final rebuttal following appellant’s closing arguments.
h. At the discretion of the Commission, Hearing Officer or Board, closing briefs rather than
closing arguments may be permitted. If closing briefs are permitted, the Commission,
hearing officer or board shall establish reasonable schedules for briefings.
i. Upon completion of the hearing, the chair shall formally close the hearing.
11.15 Deliberations: The Commission shall deliberate in closed session and make a decision on the
case. The Commission, hearing officer or board shall have no authority to substitute his/her judgment as
to the propriety of the discipline other than for the reasons set forth herein.
11.16 Decision:
a. Modification/Rejection of Disciplinary Action: The Commission may only modify or reject
a disciplinary action on one or more of the following basis:
(1) There is no substantial evidence to support the need for the disciplinary action.
(2) The disciplinary action taken resulted from discrimination on the basis of race, color,
gender, national origin, marital status, religion, age, disability, political affiliation,
sexual orientation / identification.
(3) The disciplinary action taken was arbitrary, unreasonable or excessive. RULE 11
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b. Employees Deprived of Due Process: If the Commission, Hearing Officer or Board
concludes that the procedures for disciplinary actions were not properly followed, and such
failure deprived the employee of due process and caused the employee a loss of wages, the
Commission, Hearing Officer or Board may order that back pay be awarded or other such
remedy to correct the deficiency imposed on the employee.
11.17 Time Frame for Written Findings and Decision: Written findings and decision of the
Commission shall be rendered within fifteen (15) working days after the closing date of the hearing or
after the date of the Commission meeting at which the recommendations of the Hearing Officer or Board
are filed for review, and shall thereupon be directed to the proper authorities and the affected employee,
unless extended by mutual consent of both parties.
The decision of the Commission shall be binding, except in the case where the appointing authority is the
City Council, in which case the decision may be modified or overruled by a majority vote of the City
Council.
11.18 Execution of Decision: It shall be the duty of the Personnel & Employee Relations Director to
keep the Commission fully informed of the final execution of its decision, and to assist the appointing
authority and City Council in such execution when requested.
In the event the employee is reinstated by the Civil Service Commission or City Council following a
hearing, the employee shall be reinstated to duty with such salary and other accrued benefits as would
have been payable for the period reinstated, less amounts earned by the employee during that period.
11.19 Judicial Review: Either the City or the employee may seek judicial review and appeal the final
decision of the Commission, pursuant to California Code of Civil Procedure, Section 1094.5. An
employee whose appeal is denied or modified by the final decision of the Commission shall be advised
that the time to seek judicial review is set forth in California Code of Civil Procedure, Section 1094.6.
11.20 Protection Against Reprisal: An employee who appeals a disciplinary action or a witness who
appears in the hearing or participates in the investigation process shall not be discriminated against,
coerced, threatened, or in any other manner interfered with or subjected to reprisal by any other
employee or official of the City by virtue of the matters raised properly in the appeal proceeding.
The violation of this section by an employee or official of the City shall be grounds for immediate
dismissal of the offending party.
RULE 12
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RULE 12
GRIEVANCES
12.1 Statement: The purpose of the Grievance Procedure is to establish channels of communication
between employees, supervisors and management. The City encourages any employee having a
grievance related to the employee’s working conditions to discuss the matter informally with the
employee’s immediate supervisor without undue delay. The informal discussion need not be reduced to
writing and no records need be kept. The purpose of informal discussion is to settle grievances fairly and
as quickly as possible.
12.2 Right to Grieve: Any permanent classified employee may file a grievance concerning claims
that the City has violated, misinterpreted or misapplied an obligation to the employee as such obligation is
expressed and written in the Memorandum of Understanding.
Grievance procedures for unclassified employees are addressed in the respective MOU.
12.3 Representation: An employee may seek advice and assistance of any person or organization to
represent the employee in any stage of the grievance procedure.
12.4 Exclusions: The following matters shall be excluded from the grievance procedure:
a. Changing Policies, Standards or Procedures: The grievance procedure shall not be used
for the purpose of changing an established policy, standard or procedure, unless it is the
contention of the grievant that the policy, standard or procedure is in violation of law;
b. Employees Without Permanent Status / Unclassified Employees: The grievance
procedure shall not be used to contest or appeal the dismissal or other discipline of
employees who do not hold permanent status in any classification;
c. Employee Layoffs: The grievance procedure shall not be used to contest or appeal the
layoff of an employee, except to the extent that such employee was laid off before employees
with less seniority in that classification;
d. Removal of Probationary Employees: The grievance procedure shall not be used to
contest or appeal the removal from a classification in which an employee is serving a
probationary period;
e. Performance Evaluations: The grievance procedure shall not be used to contest or appeal
a performance evaluation. An employee shall have the right to submit written comments to
be included with said performance evaluation and placed in the employee’s personnel file;
f. Alternative Resolutions: The grievance procedure shall not be used for matters in which an
alternative resolution procedure is provided for in these Rules, City provisions or State and
Federal law. RULE 12
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12.5 Procedure: The grievance procedures consist of an Informal Grievance Process (informal
discussion with supervisor) and a Formal Written Grievance Process. All grievances shall be handled in
the following manner:
a. Informal Grievance Process: Before filing a formal written grievance, the employee should
attempt to resolve the dispute by presenting the complaint to the employee’s supervisor and
discussing it with the supervisor to resolve the situation that gave rise to the complaint. The
Informal Grievance Process involves the following:
(1) Time Limits For Beginning the Informal Grievance Process: An employee with a
complaint shall present the employee’s case to their supervisor within thirty (30)
calendar days after the incident, or when the employee should have become aware
of the incident, giving rise to the complaint.
i. Failure to present the complaint within the prescribed time limits may result in
the employee losing the right to present the complaint as part of the Informal
Grievance Process.
(2) Representation During Informal Grievance Process: The employee may request
the presence of a labor representative at the informal meeting between the employee
and the employee’s supervisor.
(3) Time Limits for Supervisor Decision: The supervisor shall attempt to settle the
matter, and shall inform the employee of the decision within five (5) working days
after meeting with the employee.
(4) Waiving Informal Grievance Process: The Employee may choose to waive the
Informal Grievance Process and file a Formal Written Grievance form.
b. Formal Written Grievance Process: The Formal Written Grievance procedure shall consist
of four (4) progressive steps:
(1) Step One (Grievance to Supervisor): If the employee disagrees with the
supervisor’s decision that resulted from the Informal Grievance Process or, if
employee waived the Informal Grievance Process, the employee may begin the
Formal Written Grievance Process by completing and submitting a grievance form,
available through the Personnel Department, to the employee’s supervisor.
i. The completed Formal Written Grievance Form shall indicate what rule or
policy is involved (if known), what act or omission caused the grievance, and
what remedy the grievant is seeking.
ii. The completed grievance form shall be submitted to the grievant’s supervisor
within ten (10) working days of receipt of the supervisor’s decision on the
Informal Grievance Process, except where the employee waived the Informal
Grievance Process.
In the event the employee waived the Informal Grievance Process, the
employee shall submit the completed grievance form as soon as the
employee became aware of the incident that gave rise to the grievance.
iii. The supervisor shall review the completed grievance form and evaluate any
new data or facts presented and provide the grievant with a written decision
within five (5) working days of receipt of the completed grievance form. RULE 12
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(2) Step Two (Grievance to Department Head): If the grievant disagrees with the
supervisor’s decision on the grievance (Step One), the grievant shall forward the
completed grievance form to the grievant’s Department Head within ten (10) working
days after the receipt of the supervisor’s written response.
i. The Department Head or the Department Head’s designee shall investigate
the case and discuss the matter in a joint meeting with the grievant and the
grievant’s supervisor within ten (10) working days of the receipt of the
completed Formal Written Grievance Form.
ii. The Department Head shall respond in writing within fifteen (15) working
days following the joint meeting.
In cases where the grievant’s supervisor is also the Department Head, the grievant
can proceed to the next step, from Step One to Step Three.
(3) Step Three (Grievance to City Manager): If the grievant disagrees with the
Department Head’s decision and chooses to proceed, the grievant shall forward the
completed Grievance Form to the City Manager through the Personnel & Employee
Relations Director within ten (10) working days after receipt of the decision from the
Department Head.
i. The Personnel & Employee Relations Director shall compile the record of the
grievance and prepare a report for the City Manager within five (5) working
days after receipt of the completed grievance form.
ii. The Personnel & Employee Relations Director, having received the
completed grievance form, shall facilitate a meeting between the City
Manager, the grievant and the grievant’s department head within fifteen (15)
working days after receipt of the completed grievance form, or at a date to be
determined by mutual agreement confirmed in writing. The Personnel &
Employee Relations Director may be present at said meeting if requested by
the grievant and/or the department head.
iii. The City Manager shall notify the grievant within fifteen (15) working days of
the joint meeting, or later if extended by mutual consent of both parties and
confirmed in writing, and notify the grievant and the Department Head of the
decision.
iv. If no notice of the decision is provided by the City Manager within the fifteen
(15) working days time limit, the Personnel & Employee Relations Director
shall notify the Commission and the Commission shall schedule a grievance
appeal hearing for the grievant.
(4) Step Four (Grievance to Commission): If the grievant disagrees with the City
Manager’s decision, the grievant may appeal the decision to the Commission no later
than fifteen (15) working days after the receipt of the City Manager decision.
i. The grievant shall state what type of grievance hearing is desired, open or
closed, by specifying such request on the completed grievance form.
RULE 12
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ii. The Personnel & Employee Relations Director, having received the
Grievance, shall compile the entire record of the grievance, the completed
grievance form along with whatever other data was provided by the grievant
or management during the Grievance Process for the Commission’s review
of the employee’s appeal.
iii. The Commission shall consider the entire record of the grievance and:
a) May schedule a hearing to review the appeal; or
b) Exercise its power to adjudicate an appeal without a hearing, at its
discretion.
12.6 Time Limits Not Met – Grievance Deemed Resolved:
a. Employee: If the prescribed time limits for the employee to file a written grievance at any
step are not met, the grievance shall be deemed resolved at that step without further review.
b. Supervisor/Management: If a supervisory or management representative fails to respond
within the prescribed time limits, the employee shall be entitled to carry the grievance forward
to the next step of review.
12.7 Extended Time Limits: The parties to a grievance may extend the time limits at any step by
mutual written consent and prior to the expiration of established time limits.
12.8 Time Limits Only for Matters on City Council Policy: In Formal Written Grievance cases
pertaining to the City Council policy, the City Manager shall have the right to defer action until the City
Manager has obtained City Council direction.
a. The City Manager through the Personnel & Employee Relations Director shall inform the
grievant and the Commission of this intent within the required fifteen (15) working day period.
b. The City Council shall settle Formal Grievances as expeditiously as City Council business will
allow, and according to whatever procedure the City Council may see fit to formulate.
c. The City Manager shall consult with the City Council and respond to the grievant within thirty
(30) working days after having met with the City Council
12.9 Right to Appeal to Commission: Only permanent employees in the classified service shall
have a right to appeal a decision reached on a grievance up to the Civil Service Commission.
Employees in the unclassified service shall have a right to appeal a decision on a grievance, except that
such appeals shall not proceed beyond review by the City Manager. All determinations reached by the
City Manager shall be final and not appealable.
12.10 Protection Against Reprisal: No employee who presents or participates in a grievance, assists
in the grievance or is a witness who appears in the grievance hearing shall be discriminated against,
coerced, threatened, or in any other manner interfered with or subjected to reprisal by any other
employee or official of the City by virtue of the matters raised properly in the grievance proceeding.
The violation of this section by an employee or official of the City shall be grounds for immediate
dismissal of the offending party, in accordance with the Discrimination and Harassment in the Workplace
Policy.
RULE 12
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12.11 Grievance Hearings: If the Commission elects to hold a hearing, the Personnel & Employee
Relations Director shall notify the affected parties of the date, time, and place, and shall publicly post a
notice of the date, time, and place of the hearing, together with the names of the affected parties.
a. Unless incapacitated, the employee shall appear personally at the grievance hearing, and
may be represented by any person the employee selects. Failure of the grievant, or the
grievant’s representative, to appear, without good cause or advance notice, shall be
considered a withdrawal of the appeal and shall sustain the decision of the City Manager.
b. The Commission may, in its discretion, grant continuances for valid reasons (e.g., incapacity
of the employee, unavailability of counsel, or documentable emergency, among others).
c. The Commission hearing shall be conducted informally, and the rules of evidence shall not
apply. The grievance hearing may be open or closed to the public at the option of the
employee.
12.12 Use of Grievance Hearing Officer or Board: The Commission, upon a majority vote, may
appoint a grievance hearing officer or board composed of person(s) qualified to conduct a grievance
hearing and make findings and recommendations, to conduct a grievance hearing under the following
conditions:
a. The decision to appoint the grievance hearing officer or board shall be based on a
reasonable determination that it would benefit the City and the grievant to ensure the
expeditious completion of the grievance hearing process.
b. The grievance hearing officer or board member shall not be a Commissioner or elected or
appointed official of the City.
c. The grievance hearing officer or board shall report their findings and recommendations to the
Commission within fifteen (15) working days following the hearing for review and final
recommendation to the Commission.
12.13 Subpoenas: Each Commissioner, grievance hearing officer or board shall have the power to
cause subpoenas to be issued to compel the attendance of witnesses and the production of evidence
relating to the hearing subject matter.
a. The grievant and the department may request subpoenas to be issued to compel the
attendance of witnesses by filing such request with the Personnel & Employee Relations
Director at least fourteen (14) business days prior to the scheduled grievance hearing.
b. At the discretion of the Commission, the Commission shall have the right to issue additional
subpoenas after the grievance hearing has commenced, provided both parties are notified in
writing. Subpoenas shall be delivered to the Department Head and/or the grievant’s
representative for service.
12.14 Oaths: Any Commissioner, grievance hearing officer or board, present at the grievance hearing
shall have the power to administer oaths to witnesses. The refusal of a City employee to testify under
oath shall be grounds for disciplinary action.
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12.15 Grievance Hearing Procedure: The Commission, grievance hearing officer or board, through its
chair, shall conduct a grievance hearing in the following manner:
a. The grievance hearing shall be called to order at the scheduled time.
b. Each party shall be required to identify their witnesses and to present their pre-marked
exhibits at the beginning of the grievance hearing. Except for good cause, at the discretion of
the Commission, grievance hearing officer or board, no witness or exhibit not identified or
presented at the start of the hearing will be allowed or admitted.
c. The Commission, grievance hearing officer or board shall maintain order at the grievance
hearing and may enforce its orders through the following mechanisms:
(1) Exclusion or expulsion of witnesses;
(2) Expulsion of anyone who disturbs or disrupts the grievance hearing or fails to follow
any lawful directives of the Commission, grievance hearing officer or board.
d. The Commission, grievance hearing officer or board may establish reasonable time limits for
examination and cross-examination of witnesses, require parties to attempt to stipulate to
non-controversial facts and/or to establish other rules regarding the presentation of evidence
to expedite the completion of a fair and impartial hearing.
e. Each party may present an opening statement, with the grievant going first. The City may
reserve an opening statement until the beginning of the City’s response.
f. The grievant shall present the completed Formal Written Grievance Form, together with
whatever witnesses and evidence the grievant may deem pertinent. If the grievant and/or the
grievant’s witnesses testify, they shall be subject to cross-examination by the City’s
representative and the Commission, grievance hearing officer or board.
g. The City’s representative may present the City’s rebuttal evidence together with whatever
witnesses the City’s representative deems pertinent. City witnesses shall be subject to cross-
examination by the grievant, and the Commission, grievance hearing officer or board.
h. At any time during the grievance hearing, the Commission, grievance hearing officer or board
may interrogate a witness, any party, or any representative of any party.
i. Closing arguments shall then be presented, with the employee or the employee’s
representative preceding the representative of the City in presentation. The employee shall
be provided final rebuttal following the City’s closing statement.
j. The Chair shall then formally close the grievance hearing.
12.16 Deliberations: The Commission shall deliberate in closed session and make a decision on the
grievance.
The Commission may only recommend modification or rejection of a decision pertaining to a grievance on
one or more of the following basis:
a. The decision itself resulted in a violation of the Civil Service Rules.
b. The decision resulted from discrimination on the basis of political affiliation, religion, age,
gender, color, national origin, disability, marital status, race or sexual
orientation/identification.
c. The decision reached was arbitrary, unreasonable, or excessive. RULE 12
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12.17 Findings and Recommendations: Written findings and recommendations of the Commission
shall be rendered within fifteen (15) working days after the conclusion of deliberations unless extended by
mutual consent by both parties.
12.18 Execution of Commission Recommendations: The findings and recommendations of the
Commission, pursuant to a grievance, shall not be binding unless or until they are adopted by a majority
vote of the City Council. The grievant shall be provided an opportunity to address the City Council
regarding the grievance prior to the City Council’s decision but may not present new evidence.
12.19 Records: A copy of the employee’s grievance form, along with the final decision on the
grievance shall be maintained by the Personnel Department for a period of at least five (5) years.
12.20 Judicial Review: Either the City or the employee may seek judicial review and appeal the final
decision of the Commission, pursuant to the California Code of Civil Procedure, Section 1094.5. An
employee whose appeal is denied by the final action of the City Council shall be advised in writing that
employee’s timeframe to seek judicial review is set forth in the California Code of Civil Procedure Section
1094.6.
RULE 13
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RULE 13
TERMINATION OF EMPLOYMENT
13.1 Types of Termination: Terminations may be any one of the following types:
a. Resignation: Occurs when an employee terminates their appointment voluntarily by
submitting an oral or a written resignation.
b. Dismissal: The involuntary termination of the employment relationship between the City and
an employee.
c. Separation: Occurs when the employee’s services terminate for reasons other than
resignation or dismissal, including but not limited to the following:
(1) service retirement
(2) disability retirement
(3) failed probation
(4) lay off
(5) assignment completed
(6) absence for three (3) consecutive days or shifts without authorization
(7) death
13.2 Reasons Given For Termination: The reasons upon which the employee’s removal from duty is
based will be given to the employee through due process, as set forth in these Rules.
Employees who resign do not need to provide a reason for the resignation; however, the employee is
encouraged to state a reason and complete an exit interview.
13.3 Eligibility for Re-employment: An employee who terminates employment may be eligible for
re-employment in the last classification in which the employee held permanent status, under the following
conditions:
a. Resignation: An employee who resigns under favorable conditions may be eligible for re-
employment in the position from which the employee resigned, or a like position, provided the
employee held permanent status in that classification, as set forth in these Rules.
b. Dismissal: An employee who is dismissed shall not be eligible for re-employment with the
City, except by prior approval of the Commission.
c. Separation: Employees who terminate employment due to the following types of
separations may be eligible for re-employment:
(1) Disability retirement, provided that the disabled employee is able to perform the
essential functions of the position from which the employee disability retired, as
permitted by state law;
(2) Involuntary job abandonment, except by prior approval of the Commission.
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Re-instatement rights are only afforded to employees who have been separated or displaced as a result
of a layoff, as set forth in Layoffs provisions.
13.4 Exit Interview: Terminated employees are encouraged to complete an exit interview with the
appointing authority or with the Personnel & Employee Relations Director.
RULE 14
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RULE 14
LAY OFF
14.1 Policy: Where lack of work, funds, reorganization, technological advances, or other conditions
approved or directed by City Council require a reduction in the number of authorized budgeted positions
in the classified service, the City Manager will effect said reduction using the lay off provisions set forth
below:
a. Identify the classifications that will be subject to a reduction in the number of authorized
budgeted positions;
b. Identify the employees that will be impacted by the reduction in the number of authorized
budgeted positions;
c. Effect the lay off and displacement of employees based on seniority.
14.2 Special Definitions: The following terms are defined for lay off purposes:
a. Lay off: A reduction in the work force of authorized budgeted positions within a department
or division budget that results in the removal from employment or displacement of
incumbent(s) in the affected classification(s).
b. Displacement: The removal of an incumbent from a classification affected by the reduction
in work force and subsequently reassigned to another position or classification of equal or
lower salary range.
c. Seniority: The criteria used to identify the employees that will be affected by the lay off.
There are two (2) kinds of seniority, these are as follows:
(1) For Lay off purposes: Length of service in classification
(2) For Displacement purposes: Length of total City service
d. Bumped: A permanent employee who is reassigned to a lower classification as a result of
another employee being displaced due to a reduction in work force. An employee who is
bumped shall be entitled to placement rights, according to seniority, in any classification in
which they formerly held permanent status that has the same or lower salary range.
14.3 Decision to Lay off: The decision to reduce the number of budgeted positions may be made by
an appointing authority, subject to the approval or direction of the City Council.
14.4 Employees Subject To Layoff: All employees in the affected classification shall be considered
without regard to location, division or department whenever a lay off is to occur in said classification.
14.5 Order of Effecting Reduction In Work Force: No lay off of a classified employee in the
classification affected by the reduction in the number of authorized budgeted positions shall be permitted
in any department which employs temporary employees within the same classification. The order in
which the reduction in work force will be implemented is as follows:
a. Group 1: Temporary Employees. This group includes employees who do not have
permanent status (casual part-time, regular part-time, provisional, limited term, seasonal) in
the classification affected by the reduction in work force. Temporary employees affected by
the reduction in work force will be terminated prior to the lay off of any probationary or
permanent employee in said classification.
RULE 14
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b. Group 2: Permanent Employees. The employee with the least seniority in the affected
classification shall be the first person subject to lay off, followed by the next least senior, etc.
until the number of positions have been reduced to the authorized levels.
14.6 Determining Seniority:
a. Within Classification: Length of service is determined by the total time the employee has
served in the affected classification (less leave of absences without pay, excluding protected
leaves). Employee shall be given credit for time served in a higher or equivalent
classification if employee was displaced due to a previous reduction in work force.
b. City-Wide: Length of service shall be determined by computing the total time the employee
has been employed by the City (less leave of absences without pay, excluding protected
leaves), irrespective of types of appointment. City-wide length of service shall be used in
determining displacement to other positions in the City for which the employee may be
qualified.
14.7 Seniority Ties: In the event of seniority ties within classification, City-wide length of service shall
be used to break ties. In the event the foregoing fails to break a tie, the following criteria may be used to
determine order of lay off or displacement:
a. Rank on eligible list from which employee was hired into the affected classification.
b. Based upon the qualifications of the employee with regard to the needs of the City, as
approved by the City Manager, provided a justification memo has been submitted by the
affected employee’s department head to the Personnel & Employee Relations Director for
review.
c. The date (including time stamp) the employee’s application was received for the classification
in question.
d. Lottery or coin-toss.
14.8 Seniority Limitations: Employees holding temporary, provisional, casual part-time, regular part
time (RPT), limited term or probationary appointments that do not have permanent status in another
classification shall not have seniority rights in a lay off.
14.9 Seniority List: Upon notification of the proposed layoff, the Personnel & Employee Relations
Director shall establish a Seniority List of City employees in the affected classifications. The Seniority List
shall indicate the department, employee name, classification, and length of service of each employee, in
the following order:
a. Seniority in classification;
b. Seniority in length of total City service.
14.10 Placement List: The Personnel & Employee Relations Director shall establish a Placement List
for laid off or displaced employees by:
a. Reviewing the personnel file of the affected employee; and
b. Determining the other classifications, if any, that the employee may be qualified to perform
without examination; and
c. Identifying the classification(s) whose salary range is equal to or less than the classification
from which the employee is being laid off or displaced.
RULE 14
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d. Advising the employee of the classifications for which they are eligible, including vacant
unclassified positions. The employee shall indicate which positions in the classified service
are of interest to the employee as well as those that are not of interest.
e. The employee’s name will be placed on the Placement List for all of the classifications in
which the employee expressed an interest, provided the employee is eligible for the
classification(s) and an eligible list can be established for said classification(s).
An employee may not be promoted as a result of a lay off. This means that the affected employee cannot
be appointed to a classification whose established salary range is greater than the classification from
which the employee was laid off or displaced, unless otherwise approved by the City Manager.
The Placement and Seniority Lists shall be transmitted to the Commission for approval. The approved
lists shall be transmitted to the City Manager for implementation of lay off decisions and procedures under
this Rule.
14.11 Notification to Affected Employees: A written notice of impending lay off shall be issued to
each employee affected at least thirty (30) calendar days prior to the anticipated effective date, whenever
possible. The notification shall state the reasons for the lay off or displacement, the department(s)
involved, the classifications affected, the anticipated date of lay off or displacement, and the employee’s
rights under these Rules.
14.12 Displacement Rights: An employee who is impacted by a lay off may be placed in another
position within the same classification or bumped to another classification for which the employee is
qualified without examination. An employee whose position is eliminated as a result of the reduction in
work force shall be eligible for appointment to any of the following:
a. Another vacant position within the same or equivalent classification;
b. Another vacant position within a classification with a lower salary range.
The final decision as to which positions will be affected by displacement shall be made by the City
Manager.
14.13 Displacement Offer:
a. Acceptance: Employees who receive a layoff notice may also be eligible for a displacement
offer. Employees who are offered displacement in lieu of lay off must accept the
displacement offer within fifteen (15) calendar days of the lay off notice so that the
displacement may become effective on the sixteenth (16
th
) calendar day.
b. Declination: Employees subject to displacement may decline to accept the position offered,
in which case they shall be separated with reinstatement rights. The employee’s decision to
accept or decline the position must be made at least fifteen (15) calendar days prior to the
expiration of the thirty (30) calendar day lay off notice so that the implementation of the
decision may occur on the sixteenth (16
th
) calendar day. RULE 14
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14.14 Reinstatement Rights: Classified employees who have been displaced or laid off shall be
granted reinstatement rights. The names of all such employees shall be placed on an eligible list
corresponding to the classification in which the employee held permanent status and from which the
employee was displaced or laid off. Reinstatement rights include, but are not limited to, the following:
a. Employees who have been laid off or displaced shall be reinstated in the employee’s
permanent classification in seniority order (inverse order of lay off) when such a position in
the affected classification becomes vacant, based on the total time served in the given
classification.
b. Employees who have been laid off pursuant to the time limits specified in Rule 8.
c. Such reinstatement shall be made irrespective of organization and shall have priority over all
other employees, except disabled employees, when placed in such positions.
d. Employees reinstated shall be placed at the same step in their permanent classification as
they held prior to the lay off or transfer.
e. Employees offered reinstatement to the position from which they were laid off or displaced, or
one, within the same classification will be given up to ten (10) calendar days from the City’s
offer of reinstatement to notify the Personnel & Employee Relations Director in writing of the
acceptance or declination of the reinstatement offer. If the employee declines the offer, fails
to respond within a prescribed time period, or fails to appear for work within an agreed upon
period, reinstatement rights shall be considered waived as to any future vacancy.
14.15 Displacement and Lay off Grievance Rights: A grievance can only be filed by employees who
have been subjected to displacement or lay off under any of the following conditions:
a. Failure To Adhere to the Order of Effecting Reduction In Work Force: A grievance may
be filed by an employee affected by a reduction in work force when:
(1) Said employee was displaced or laid off before or instead of other employees holding
temporary positions in the same classification within the same department;
(2) Said employee was displaced or laid off prior to the displacement or lay off of other
employees with less seniority in the affected classification within the same
department.
b. Failure To Grant/Adhere To Reinstatement Rights: Employees who have been displaced
or laid off shall have grievance rights relative only to the employee’s reinstatement rights.
14.16 Reversion Rights: Any employee, holding a provisional, temporary, or unclassified appointment,
having previously held permanent status in the classified service within the previous two (2) years, shall
be entitled to revert to the employee’s permanent classification in the event of a reduction in work force.
Classified permanent employees serving a probationary period in a new classification shall be entitled to
revert to the employee’s permanent classification if the employee’s probationary position is affected by lay
off. Such employees shall not have any priority rights for job openings or displacements under this Rule,
appeal rights or seniority rights in lay off, except those accorded in the employee’s permanent position.
The affected employee shall be entitled to the pay step in the employee’s previous position which would
have been received had the employee not left such position.
RULE 15
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RULE 15
EMPLOYEE RECOGNITION AND INCENTIVE PROGRAM
FOR OUTSTANDING JOB PERFORMANCE
15.1 Policy: It shall be the policy of the City to recognize and reward outstanding job performance of
the City’s classified and unclassified employees through an established program.
15.2 Outstanding Job Performance Criteria: The following examples shall be considered
appropriate criteria for outstanding performance awards:
a. Sustained Job Performance Superiority: Whenever an employee performs the duties of
the employee’s position in a manner superior to that of others in similar positions, in terms of
skill, devotion to duty, originality or like manner for six (6) months or more.
b. Outstanding Performance Evaluation Rating: Whenever an employee receives an overall
rating of “Excellent” on the employee’s annual performance evaluation.
c. Acts of Bravery or Safety: Whenever an employee performs a heroic act, involving the
risking of the employee’s life or limb to help others, or the saving of or attempting to save a
human life.
d. Extraordinary Performance (Single Act): Whenever an employee’s extraordinary single
act results in significant achievements.
e. Performance Improving Workplace Environment: Whenever an employee’s acts or
performance contributes to the improvement of health, safety or morale for the City or the
employee’s department.
f. Inventions or Suggestions: Whenever an employee invents or suggests anything for the
use of the City which results in significant savings in manpower, money or materials.
g. Other Performance: Other types of outstanding job performance not enumerated above
may be considered, based on evidence submitted by the appointing authority.
15.3 Outstanding Job Performance Recognition Program: The types of recognition available for
the appointing authority to utilize in recognition of outstanding job performance includes the following:
a. Oral recognition by the appointing authority.
b. Written recognition by the appointing authority with copies to the employee and the
Personnel Department for placement in the employee’s personnel file.
c. City Council resolution commending the employee, i.e., City Council commendation.
d. Granting of up to three (3) working days off with pay.
e. Increase in compensation (step advancement within range prior to scheduled date or
additional step beyond that scheduled).
f. Cash award, up to $1,000. Cash award will be taxable, non-PERSable and subject to
available funds within the awarding department’s budget.
g. A combination of any of the recognition awards set forth above. RULE 15
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15.4 Procedures: The appointing authority may recommend an employee for an outstanding job
performance which meets the criteria of the program. The appointing authority shall prepare written
recommendations and shall forward them to the City Manager for approval, disapproval or modification.
In the case of recognition awards and commendations (excluding oral and written recognition by the
appointing authority), the City Manager shall forward the recommendation to the Commission for review
and approval. If the Commission approves the City Manager’s recommendations for recognition award or
commendation, the action may be immediately implemented.
If the Commission modifies the City Manager’s recommendations, the action may be implemented as
modified, or, at the discretion of the appointing authority, may be taken to the City Council for a final
decision.
15.5 Employee Service Awards: Employees shall receive a service award for the completion of each
five (5) years aggregate service with the City. Such awards shall be determined by the Personnel &
Employee Relations Director, subject to the approval of the City Manager. Service awards shall be
presented to the employee by the City Council at a City Council meeting or any other formal meetings, in
the presence of the appointing authority or department representative.
15.6 Retirement Recognition: Employees who retire or resign after ten (10) or more years of service
are eligible to be honored by the City Council at a City Council meeting. A retirement award may be
presented to the employee at the time of recognition.
RULE 16
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RULE 16
PERSONNEL OPERATIONS
16.1 General: Pursuant to the Culver City Municipal Code establishing the position of Personnel &
Employee Relations Director, there shall be an established system of personnel operations,
departmental or otherwise, to be known as the Personnel Department.
16.2 Personnel Department: The Personnel & Employee Relations Director, or the person or agency
to whom these powers have been delegated, shall be the ex-officio administrative head of the Personnel
Department. The Personnel Department shall be provided with sufficient funds in each annual municipal
budget to carry out the human resources and Civil Service requirements of the City. The Personnel &
Employee Relations Director shall attend to the duties assigned to this position through the funds,
resources and facilities provided in the Personnel Department.
16.3 Maintenance of Employee Records: Accurate and current records of all employees shall be
processed and maintained by the staff of the Personnel Department, pursuant to the requirements of
State and Federal laws and the needs of the City. Such records shall be confidential except as provided
by law.
The staff of the Personnel Department shall maintain such employee records as required by local, State
and Federal laws and City policies, provided that records are maintained which document changes in the
employment status of all employees.
16.4 Destruction of Records: No records shall be destroyed without prior approval of the
Commission, the City Attorney and the City Council. Destruction or storage of personnel records shall be
carried out pursuant to State laws and City Charter provisions relating to the destruction or storage of
official public documents.
16.5 Access to Records: The staff of the Personnel Department, the City Manager, City Attorney,
Civil Service Commission and City Council shall have access to personnel records to the extent such
access is not restricted by law. An appointing authority shall have access to the records contained in the
personnel files of those employees whom they supervise. An employee shall have access to the
employee’s own personnel file.
16.6 Personnel Processes: The staff of the Personnel Department, under the direction of the
Personnel & Employee Relations Director, shall provide the following services including, but not limited to:
a. Recruitment, testing and selection assistance;
b. Classification and compensation;
c. Training and development;
d. Employee benefits administration;
e. Policy administration and interpretation;
f. Employee and labor relations, e.g., negotiations and contract administration and
interpretation;
g. Coordination of employee benefits with Risk Management and Payroll;
h. Maintaining employment records of all City employees;
RULE 16
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i. Provide counseling to employees regarding job performance;
j. Communicate information to employees regarding City programs and activities.
16.7 Services to Civil Service Commission: The staff of the Personnel Department, under the
direction of the Personnel & Employee Relations Director, shall provide services to the Commission as
necessary, including, but not limited to, the following:
a. Administrative support for meetings, conferences, training and hearings;
b. Advice and assistance in the preparation, drafting and distribution of reports and other
correspondence;
c. Advice and assistance in the preparation, drafting, adoption and interpretation of policies and
rules in coordination with the City Attorney;
d. Advice and assistance in the analysis and preparation of classification and pay plans for City
Council approval;
16.8 Counseling: The staff of the Personnel Department, under the direction of the Personnel &
Employee Relations Director, shall advise and counsel appointing authorities on all matters of personnel
administration, subject to review and discussion with the City Attorney on legal matters.
16.9 Personnel Action Control System: The Personnel & Employee Relations Director has been
delegated authority by both the City Council and the Civil Service Commission to review and approve all
changes in the status of employment. Confidential monthly reports of all personnel actions approved by
the Personnel & Employee Relations Director shall be provided to the Civil Service Commission
(classified employees only) and the City Council (both classified and unclassified employees).
RULE 17
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RULE 17
GENERAL PROVISIONS
17.1 Ordered Leave of Absence - With Pay: A department head, with the approval of the Personnel
& Employee Relations Director and the City Manager, may order an employee to take a leave of absence
with pay under the following circumstances:
a. The affected employee is under investigation by the City for accusations made against them
and in the judgment of the department head the continuance in the workplace by the affected
employee would obstruct an investigation or is a threat to the other City employees or to the
general public’s safety and welfare.
b. The affected employee’s safety and welfare is at risk due to the employee’s participation in
an investigation or hearing.
c. The affected employee has been ordered to submit to a medical/psychological evaluation by
the City designated physician to determine fitness for work.
d. The affected employee is named as a defendant in a criminal proceeding but has not yet
been convicted or found not guilty and until a disposition of their criminal charge is obtained.
17.2 Outside Employment or Business/Volunteer Activities: Any employee may engage in outside
employment or business/volunteer activities, in addition to the employee’s appointed duties, as long as
the outside employment or business/volunteer activity is not incompatible or in conflict with the duties and
responsibilities of the employee’s position with the City or impact the employee’s ability to perform the
duties of the employee’s job and said outside employment or business/volunteer activity has been duly
authorized.
a. Obtaining Authorization:
(1) New Employees: New employee must declare pre-existing outside employment or
business/volunteer activity on Outside Employment Form upon first day of hire;
(2) Current Employees: Prior to employee engaging in outside employment or
business/volunteer activity, authorization must be obtained from the appointing
authority. The appointing authority will then submit a completed Outside Employment
Form to the Personnel & Employee Relations Director to determine whether said job
or activity will pose a conflict of interest.
b. Applicability: No employee shall engage in outside employment or perform outside
activities that may be incompatible or in conflict with the employee’s duties or the duties of
the employee’s subordinates or impact the employee’s ability to perform the duties of the
employee’s job. These outside activities shall not be performed on City time or use City
resources, unless authorized by the City Manager.
RULE 17
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17.3 Amendment of Rules: Any employee, elected official, Commissioner or employee organization,
hereinafter referred to as “party,” may propose amendments to these Rules, subject to the following
procedures.
a. Proposed Amendment Procedures:
(1) The party shall provide the Personnel & Employee Relations Director the reasons for
the proposal, along with a written copy of the proposed amendments, and a request
to place the matter on the Commission agenda. Such request shall be made to the
Personnel & Employee Relations Director at least ten (10) working days in advance
of the next regularly scheduled Commission meeting.
(2) The Personnel & Employee Relations Director and City Attorney shall review the
proposed amendments and make such analysis and recommendations as they deem
appropriate for Commission consideration. The Commission shall receive and
consider the original proposed amendments to these Rules and the Personnel &
Employee Relations Director’s analysis and recommendations. The party or the
party’s representative(s) shall present proposed amendments to the Commission in
person at a regular meeting.
(3) The Commission shall determine whether or not to consider the proposed
amendments. Proposals rejected by the Commission may be appealed by the party
to the City Council. The City Council shall affirm the rejection or remand the matter
to the Commission for public hearing.
(4) Notice of Public Hearing: Proposed amendments accepted for consideration by the
Commission shall be reproduced and distributed by the Personnel & Employee
Relations Director to each member of the City Council and Commission, and shall be
made available to all City employees. Once this has been done, the notice of the
public hearing shall be as follows:
i. The proposed change shall be advertised at least once by the Personnel &
Employee Relations Director in a local newspaper, five (5) to (10) ten
calendar days prior to the hearing.
ii. The advertisement shall be legal notice that the Civil Service Commission
shall hold a public hearing at a certain time, date and place on the proposed
amendments.
iii. The proposed amendment shall be posted by the Personnel & Employee
Relations Director in a conspicuous place in City Hall and on all public notice
boards within the City Departments together with a notice of the hearing time,
date and place; and a copy of this notice (and the proposed amendment)
shall be distributed by the Personnel & Employee Relations Director to each
member of the City Council and Commission, and shall be made available to
City employees.
(5) Public Hearing: The Commission shall convene a regular or special meeting at the
time, date and place advertised for public hearing, and shall provide each person in
attendance at the public hearing with an opportunity to be heard. The Commission
may approve, modify or reject the proposed amendment based on the hearing,
without further hearing. RULE 17
- 68 -
(6) Adoption: The Commission shall forward its recommendation regarding a proposed
amendment(s) to the City Council for adoption by Resolution. The action of the City
Council shall be binding upon the Commission and all City employees, with no further
action required. Any rule amended shall be provided to each member of the City
Council and the Commission, and shall be made available to City employees and
employee organizations.
APPENDIX
Culver City Municipal Code
Civil Service Commission
Composition
Terms of Members
Absence from Meetings
Powers and Duties
Term Limits
Civil Service Systems
Purpose
Civil Service Rules
Classified Service; Applicability
Personnel Officer; Duties
Right to Contract for Services
Appointments
Probationary Period
Right of Restoration
Disciplinary Action
Personnel in Departments of City Clerk and City Treasurer
Abolition of Position
Nondiscrimination
Falsification of Statements or Documents; Fraud
Anti-Nepotism Policy
Appendix A
§ 3.03.005
§3.03.010
§3.03.015
§3.03.020
§3.03.025
§3.05.005
§3.05.010
§3.05.015
§3.05.020
§3.05.025
§3.05.030
§3.05.035
§3.05.040
§3.05.045
§3.05.050
§3.05.055
§3.05.060
§3.05.065
§3.05.070
Culver City Charter
Article XII. Civil Service
Merit Principle
Classification
Appointments from Civil Service Positions
Prohibitions
Appendix B
§1200
§1201
§1202
§1203
California Code of Civil Procedure
Judicial Review
Judicial Review Time Limits
Written Depositions
Appendix C
§1094.5
§1094.6
§2028, 2028.010
APPENDIX A
CULVER CITY MUNICIPAL CODE
CIVIL SERVICE COMMISSION
§ 3.03.005 COMPOSITION.
There shall be a Civil Service Commission, consisting of five (5) members, to be appointed by the
City Council from the qualified electors of the City, none of whom shall hold any paid office or
employment in the City government.
§ 3.03.010 TERMS OF MEMBERS.
Members of the Commission shall serve for a term of four (4) years and until their respective
successors are appointed and qualified. The terms of at least one, and not more than two members shall
expire on July 1st of each succeeding year, and any appointment to fill an unexpired term shall be for
such unexpired period only.
§ 3.03.015 ABSENCE FROM MEETINGS.
Any Commissioner who is absent from three (3) consecutive meetings of the Commission or a total of
five (5) meetings in any six (6) month period shall thereby automatically forfeit his membership in said
Commission, provided however, that there shall be no such forfeiture in the event of any of the following:
A. When a Commissioner is unable to attend due to illness or physical incapacity.
B. When a Commissioner is unable to attend because of business or vacation.
C. When the City Council has determined before forfeiture that an absence is justified.
§ 3.03.020 POWERS AND DUTIES.
The Commission shall have the following powers and duties:
A. To act in an advisory capacity to the City Council on personnel administration.
B. After a public hearing thereon, and subject to the approval of the City Council, to adopt, amend or
repeal Civil Service Rules.
C. To make any investigation which it may consider desirable concerning the administration of
personnel in the municipal service and report its findings to the City Council. APPENDIX A
D. To hear appeals or grievances of any officer or employee under the Civil Service System who is
suspended, demoted or removed and report in writing to the City Council, its findings, conclusions and
recommendations.
E. To periodically, at the discretion of the City Council, make a study of salaries being paid by other
public and private agencies, in order to ascertain whether the salaries being paid City employees for
similar work are comparable, fair and reasonable and make recommendations with respect thereto to the
City Council.
F. To exercise such functions with respect to the Civil Service System, not inconsistent herewith, as
may be prescribed by Ordinance and the Civil Service Rules.
G. To examine witnesses under oath and compel their attendance or the production of evidence
before it by subpoenas issued in the name of the City and attested by the City Clerk.
H. To formulate, adopt, change or amend Civil Service Rules consistent with the City Charter and
Civil Service System, holding public hearings thereon before presentation to City Council for approval.
§ 3.03.025 TERM LIMITS.
A. No person shall serve more than two (2) consecutive full terms as Commissioner. If a person
serves a partial term in excess of two (2) years, it shall be considered a full term for the purpose of this
provision.
B. All consecutive Commission terms shall be counted for appointment upon April 17, 1996, the
effective date of this section.
C. Nothing in this provision shall act as a bar to service as a Commissioner after at least two (2)
years have elapsed from the last full term as Commissioner.
CIVIL SERVICE SYSTEM
§ 3.05.005 PURPOSE.
To establish and maintain an equitable and uniform procedure for dealing with personnel matters and
to place municipal employment on a merit basis so that the best qualified persons may be available
through competitive tests.
§ 3.05.010 CIVIL SERVICE RULES.
In addition to such other rules as the Civil Service Commission may determine are necessary and
proper to carry out the intent and purpose of the personnel program, the following rules shall govern:
A. Preparation, installation, revision and maintenance of a position classification plan covering all
positions in the Classified Service, including employment standards and qualifications for each class. APPENDIX A
B. Preparation, revision, and administration of a plan of compensation directly correlated with the
position classification plan, providing a rate or range of pay for each class.
C. Public announcement of all tests and the acceptance of applications for employment.
D. Preparation and conduct of tests and the establishment and use of resulting eligible lists
containing names of persons eligible for appointment.
E. Certification and appointment of persons from eligible lists, and making of temporary
appointments.
F. Evaluation of employees during the probationary period.
G. Transfer, promotion, demotion and reinstatement of employees in the Classified Service.
H. Separation of employees from municipal service through layoff, suspension and dismissal.
I. Standardization of hours of work, attendance and leave regulations, working conditions and the
development of employee morale, welfare, education and training.
J. Suitable provision for orderly and equitable presentations to the Council by employees relating to
general conditions of employment.
K. Content, maintenance and use of personnel records and forms.
§ 3.05.015 CLASSIFIED SERVICE; APPLICABILITY.
The Civil Service System shall be applicable to all departments, offices, positions and employments
and all persons employed by the City except the following:
A. Elective offices;
B. Members of appointive boards, commissions and committees;
C. Persons engaged under contract to supply expert professional or technical services for a definite
and limited period of time;
D. The Chief Administrative Officer, whether termed as such, or as City Manager, Coordinator, or by
any other term intended to designate the supervisor and superintendent of the overall administration of
the City;
E. Assistant Administrative Officers, Assistants to the Chief Administrative Officer, the Personnel
Director, the Labor Relations Officer, Public Works Director/City Engineer and such staff assistants to any
of said officers as the City Council may authorize.
F. Volunteer personnel, crossing guards, or other employees holding seasonal, limited or temporary
appointments of limited duration, or serving on a part-time basis;
G. Staff assistants to the head of a department or division as may be authorized by the City Council. APPENDIX A
H. Professional and technical employees in the field of information technology, who perform design,
development, documentation, analysis, acquisition, installation, creation, technical support, testing or
modification of computer systems or programs.
§ 3.05.020 PERSONNEL OFFICER; DUTIES.
A. Designation of officer. The Personnel Officer shall be the Chief Administrative Officer, or such
person as appointed by the Chief Administrative Officer subject to the approval of the City Council. Duties
may be combined with those of any other office or position, provided the appointee shall have had
training or experience in personnel administration.
B. Duties.
1. Attend all meetings of the Civil Service Commission and serve as liaison officer between
the Chief Administrative Officer and the Civil Service Commission.
2. Administer all of the provisions of the Rules not specifically reserved to the City Council,
the Civil Service Commission, or the Chief Administrative Officer.
3. Assist the Civil Service Commission in the preparation, study and analysis of Rules and
revisions and amendments thereto, for submission to the City Council after approval by City
Attorney as to legality of such action.
4. Assist the Civil Service Commission in the study, analysis and/or preparation of
classification and pay plans, including class specifications and revisions of said plans
covering all classifications in the Classified Service; the plans, and any revisions thereto,
becoming effective upon approval by the City Council.
5. Encourage the improvement of municipal service by studying needs and recommending
programs for education and training to the Chief Administrative Officer; such programs
becoming effective upon approval by the Civil Service Commission and the City Council.
§ 3.05.025 RIGHT TO CONTRACT FOR SERVICE.
The City Council, upon the recommendation of the Civil Service Commission or the Chief
Administrative Officer, may contract with any qualified person or agency for the performance of technical
services in the operation of the Civil Service System.
§ 3.05.030 APPOINTMENTS.
Appointments to vacant positions in the Classified Service shall be made in accordance with the Civil
Service Rules by the City Council, the Chief Administrative Officer, or the officer to whom the power to
make appointments has been delegated. APPENDIX A
§ 3.05.035 PROBATIONARY PERIOD.
All regular appointments, including promotional appointments, shall be for a probationary period of
one (1) year. During the probationary period, the employee may be rejected at any time without right of
appeal or hearing. An employee rejected during the probationary period from a position to which he has
been promoted shall be reinstated to the position from which he was promoted, unless he is dismissed
from the municipal service.
§ 3.05.040 RIGHT OF RESTORATION.
In the event an employee of the City holding a position under Civil Service is appointed to a position
not under the Classified Service, and should subsequently be removed therefrom, he shall revert to his
former position under the Classified Service without loss of any rights or privileges and upon the same
terms and conditions as if he had remained in said position continuously. The right of restoration shall be
effective for a period of one (1) year from the date of appointment to the position not within the Classified
Service.
§ 3.05.045 DISCIPLINARY ACTION.
All persons holding positions in the Classified Service shall be subject to disciplinary action for
misconduct, incompetency, inefficiency or failure to perform duties, or to observe the Rules of the
Department in which he is employed or of the Commission, but subject the right of appeal of the
aggrieved party to the Civil Service Commission in the manner set forth in the Civil Service Rules.
§ 3.05.050 PERSONNEL IN DEPARTMENTS OF CITY CLERK AND CITY TREASURER.
The City Clerk and the City Treasurer are the appointing authorities for personnel in their respective
Departments, but such personnel shall be appointed from the eligible lists prepared in the same manner
as applies to other employees in the Classified Service and shall be governed by all of the requirements
of said service.
§ 3.05.055 ABOLITION OF POSITION.
Whenever in the judgment of the City Council it becomes necessary in the interest of efficiency or
economy so to do, it may consolidate any department or departments, or positions in the Classified
Service, or if necessity for the position involved no longer exists, it may abolish any position or
employment in the Classified Service and in the event of such consolidation or abolishment of position
may lay-off, demote, transfer or discharge the employees holding such position. Should such position or
employment or any position involving all or any of the same duties be reinstated or created within two
years, the employee laid-off, demoted, transferred or discharged shall be eligible to be appointed thereto
in preference to any other qualified persons on the eligible list for such position, provided that the said
employee complies with the Rules of the Civil Service Commission relative to such reinstatement.
APPENDIX A
§ 3.05.060 NONDISCRIMINATION.
No City employee or person seeking City employment shall be subject to discrimination which is
prohibited by applicable Federal, State, or local law. In accordance with this policy, no employee or
prospective employee shall be interfered with, intimidated, restrained, coerced, employed, promoted,
demoted, discharged, or in any way favored or discriminated against because of political opinions or
affiliations, race, religious beliefs, age, sex, disability, or national origin.
§ 3.05.065 FALSIFICATION OF STATEMENTS OR DOCUMENTS; FRAUD.
No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in
regard to any application, test, certification, or appointment held or made under the Civil Service System
or in any manner commit or attempt any fraud preventing the impartial execution of such Civil Service
System or Rules made thereunder.
§ 3.05.070 ANTI-NEPOTISM POLICY.
A. Because of the potential for creating adverse impacts on supervision, safety, security or morale,
members of an immediate family shall not be employed in the direct line of supervision of one another.
B. If at the time of the adoption of this policy, an employee has an immediate family member also
employed by the City, this Section shall not be applicable to that employee based on that existing familial
relationship.
C. This policy shall not be applicable to any person whose immediate family member is elected to
the City Council, if such person, at the time of such election, is currently employed by the City.
D. Employees who become subject to this policy after appointment, but who are not otherwise
exempted, pursuant to Subsection B., shall have the opportunity to transfer subject to the provisions of
the Civil Service Rules, relating to transfers. In the event no transfer is available, one of the employees
shall resign and such resignation shall be effective within a reasonable time period, not to exceed thirty
(30) calendar days, after notification of the decision of transfer unavailability. The decision regarding who
shall resign may be made by the affected employees. If no decision is made within thirty (30) calendar
days:
1. The employee with the most recent appointment, transfer or promotion which resulted in
the application of the policy shall be deemed to have resigned; or
2. If the reason the policy applies is other than an appointment, promotion or transfer, the
employee with the least cumulative seniority shall be deemed to have resigned.
E. For the purpose of this Section, IMMEDIATE FAMILY shall be defined as the following
relationships whether established by blood, marriage or other legal actions:
1. Parents, grandparents, step-parents, step-grandparents, brothers, sisters, half-brothers,
half-sisters, step-brothers, step-sisters, children, children's spouse(s), grandchildren, step-
children, step-grandchildren. APPENDIX A
2. Spouse and spouse's parents, grandparents, brothers, sisters, half-brothers, half-sisters,
step-brothers, step-sisters, step-parents, step-grandparents, step-grandchildren.
F. For the purpose of this Section, DIRECT LINE OF SUPERVISION shall be defined as any
regularly assigned employment relationship wherein an employee holds a position with any control or
authority over an immediate family member of that employee. A City Council member shall be deemed to
hold a position of control and authority over every City employee. A member of a City Commission, Board
or Committee shall be deemed to hold a position of control and authority over every City employee who is
regularly assigned as staff support to that member's Commission, Board or Committee.
G. When it is determined an employee is affected by this policy, the employee may appeal such
determination to the Civil Service Commission for a final administrative adjudication of the matter;
provided that the Civil Service Commission, in its discretion, may use the services of a hearing officer and
not hold evidentiary hearings itself; and provided further that, if the employee to whom the Policy has
been determined to apply is an immediate family member of any member of the Civil Service Commission
that Commission member shall abstain from voting on the appeal.
H. The administrative procedures contained in this policy shall constitute an employee's exclusive
administrative remedy. An employee may not file a grievance or other form of complaint for any
determination, decision or action taken under this policy, except as provided in Subsection G. herein.
APPENDIX B
ARTICLE XII. CIVIL SERVICE
§ 1200. MERIT PRINCIPLE.
Appointments and promotions in the administrative service of the City shall be made according to
merit and fitness, to be ascertained, so far as practicable, by competitive examination.
The Civil Service System adopted by the City Council pursuant to State law and in effect prior to the
effective date of this Charter, shall continue in full force and effect unless changed by ordinance of the
City Council or by amendment to the rules and regulations approved by the City Council. As provided in
the State enabling act referred to above, the City Council shall not have the authority to withdraw any
departments or employees, including Department Heads, placed in Classified Service, from the operation
of such system, either by outright repeal of the Civil Service ordinance or otherwise, unless and until its
withdrawal shall have been submitted to the voters of the City at a regular or special municipal election
held in the City and shall have been approved by majority vote at a City election.
§ 1201. CLASSIFICATION.
All Department Heads shall be in the Unclassified Service.
The City Manager, City Attorney, City Clerk and City Treasurer shall be in the Unclassified Service.
§ 1202. APPOINTMENTS FROM CIVIL SERVICE POSITIONS.
In the event an employee of the City holding a position in the Classified Service is appointed to a
position in the Unclassified Service, and within two years is removed or resigns from that position, the
employee shall revert to his or her former position in the Classified Service upon the same terms and
conditions as if he or she had continuously remained in that position.
§ 1203. PROHIBITIONS.
No person shall willfully make any false statements, certificate, mark, rating or report in regard to
any application, test certification or appointment held or made under the Civil Service System or in any
manner commit or attempt any fraud preventing the impartial execution of such Civil Service System or its
rules and regulations. APPENDIX C
CALIFORNIA CODE OF CIVIL PROCEDURE
§ 1094.5 JUDICIAL REVIEW.
SUMMARY: Law by which an employee or agency may issue a writ for the purpose of inquiry made into
the validity of any final administrative order or decision by an inferior tribunal, e.g. Commission, City
Council, etc. The case would be heard by the court without a jury. The inquiry shall extend to the
questions whether the respondent proceeded without a fair trial, or in excess of jurisdiction; whether there
was a fair trial; whether there was any prejudicial abuse of discretion (when the decision is not supported
by the findings or the findings are not supported by the evidence).
(a) Where the writ is issued for the purpose of inquiring into the validity of any final
administrative order or decision made as the result of a proceeding in which by law a hearing is required
to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the
inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury.
All or part of the record of the proceedings before the inferior tribunal, corporation, board, or officer may
be filed with the petition, may be filed with respondent's points and authorities, or may be ordered to be
filed by the court. Except when otherwise prescribed by statute, the cost of preparing the record shall be
borne by the petitioner. Where the petitioner has proceeded pursuant to Section 68511.3 of the
Government Code and the Rules of Court implementing that section and where the transcript is
necessary to a proper review of the administrative proceedings, the cost of preparing the transcript shall
be borne by the respondent. Where the party seeking the writ has proceeded pursuant to Section
1088.5, the administrative record shall be filed as expeditiously as possible, and may be filed with the
petition, or by the respondent after payment of the costs by the petitioner, where required, or as otherwise
directed by the court. If the expense of preparing all or any part of the record has been borne by the
prevailing party, the expense shall be taxable as costs.
(b) The inquiry in such a case shall extend to the questions whether the respondent has
proceeded without, or in excess of jurisdiction; whether there was a fair trial; and whether there was any
prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in
the manner required by law, the order or decision is not supported by the findings, or the findings are not
supported by the evidence.
(c) Where it is claimed that the findings are not supported by the evidence, in cases in which
the court is authorized by law to exercise its independent judgment on the evidence, abuse of discretion
is established if the court determines that the findings are not supported by the weight of the evidence. In
all other cases, abuse of discretion is established if the court determines that the findings are not
supported by substantial evidence in the light of the whole record.
(d) Notwithstanding subdivision (c), in cases arising from private hospital boards or boards of
directors of districts organized pursuant to The Local Hospital District Law, Division 23 (commencing with
Section 32000) of the Health and Safety Code or governing bodies of municipal hospitals formed
pursuant to Article 7 (commencing with Section 37600) or Article 8 (commencing with Section 37650) of
Chapter 5 of Division 3 of Title 4 of the Government Code, abuse of discretion is established if the court
determines that the findings are not supported by substantial evidence in the light of the whole record.
However, in all cases in which the petition alleges discriminatory actions prohibited by Section 1316 of the
Health and Safety Code, and the plaintiff makes a preliminary showing of substantial evidence in support
of that allegation, the court shall exercise its independent judgment on the evidence and abuse of
discretion shall be established if the court determines that the findings are not supported by the weight of
the evidence. APPENDIX C
(e) Where the court finds that there is relevant evidence that, in the exercise of reasonable
diligence, could not have been produced or that was improperly excluded at the hearing before
respondent, it may enter judgment as provided in subdivision (f) remanding the case to be reconsidered
in the light of that evidence; or, in cases in which the court is authorized by law to exercise its
independent judgment on the evidence, the court may admit the evidence at the hearing on the writ
without remanding the case.
(f) The court shall enter judgment either commanding respondent to set aside the order or
decision, or denying the writ. Where the judgment commands that the order or decision be set aside, it
may order the reconsideration of the case in the light of the court's opinion and judgment and may order
respondent to take such further action as is specially enjoined upon it by law, but the judgment shall not
limit or control in any way the discretion legally vested in the respondent.
(g) Except as provided in subdivision (h), the court in which proceedings under this section
are instituted may stay the operation of the administrative order or decision pending the judgment of the
court, or until the filing of a notice of appeal from the judgment or until the expiration of the time for filing
the notice, whichever occurs first. However, no such stay shall be imposed or continued if the court is
satisfied that it is against the public interest. The application for the stay shall be accompanied by proof
of service of a copy of the application on the respondent. Service shall be made in the manner provided
by Title 5 (commencing with Section 405) of Part 2 or Chapter 5 (commencing with Section 1010) of Title
14 of Part 2. If an appeal is taken from a denial of the writ, the order or decision of the agency shall not
be stayed except upon the order of the court to which the appeal is taken. However, in cases where a
stay is in effect at the time of filing the notice of appeal, the stay shall be continued by operation of law for
a period of 20 days from the filing of the notice. If an appeal is taken from the granting of the writ, the
order or decision of the agency is stayed pending the determination of the appeal unless the court to
which the appeal is taken shall otherwise order. Where any final administrative order or decision is the
subject of proceedings under this section, if the petition shall have been filed while the penalty imposed is
in full force and effect, the determination shall not be considered to have become moot in cases where
the penalty imposed by the administrative agency has been completed or complied with during the
pendency of the proceedings.
(h) (1) The court in which proceedings under this section are instituted may stay the
operation of the administrative order or decision of any licensed hospital or any state agency
made after a hearing required by statute to be conducted under the Administrative Procedure Act,
as set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, conducted by the agency itself or an administrative law judge on the staff of
the Office of Administrative Hearings pending the judgment of the court, or until the filing of a
notice of appeal from the judgment or until the expiration of the time for filing the notice,
whichever occurs first. However, the stay shall not be imposed or continued unless the court is
satisfied that the public interest will not suffer and that the licensed hospital or agency is unlikely
to prevail ultimately on the merits. The application for the stay shall be accompanied by proof of
service of a copy of the application on the respondent. Service shall be made in the manner
provided by Title 5 (commencing with Section 405) of Part 2 or Chapter 5 (commencing with
Section 1010) of Title 14 of Part 2.
(2) The standard set forth in this subdivision for obtaining a stay shall apply to any
administrative order or decision of an agency that issues licenses pursuant to Division 2
(commencing with Section 500) of the Business and Professions Code or pursuant to the
Osteopathic Initiative Act or the Chiropractic Initiative Act. With respect to orders or decisions of
other state agencies, the standard in this subdivision shall apply only when the agency has
adopted the proposed decision of the administrative law judge in its entirety or has adopted the
proposed decision but reduced the proposed penalty pursuant to subdivision (b) of Section 11517
of the Government Code; otherwise the standard in subdivision (g) shall apply. APPENDIX C
(3) If an appeal is taken from a denial of the writ, the order or decision of the hospital
or agency shall not be stayed except upon the order of the court to which the appeal is taken.
However, in cases where a stay is in effect at the time of filing the notice of appeal, the stay shall
be continued by operation of law for a period of 20 days from the filing of the notice. If an appeal
is taken from the granting of the writ, the order or decision of the hospital or agency is stayed
pending the determination of the appeal unless the court to which the appeal is taken shall
otherwise order. Where any final administrative order or decision is the subject of proceedings
under this section, if the petition shall have been filed while the penalty imposed is in full force
and effect, the determination shall not be considered to have become moot in cases where the
penalty imposed by the administrative agency has been completed or complied with during the
pendency of the proceedings.
(i) Any administrative record received for filing by the clerk of the court may be disposed of
as provided in Sections 1952, 1952.2, and 1952.3.
(j) Effective January 1, 1996, this subdivision shall apply to state employees in State
Bargaining Unit 5. This subdivision shall apply to state employees in State Bargaining Unit 8. For
purposes of this section, the court is not authorized to review any disciplinary decisions reached pursuant
to Section 19576.1 or 19576.5 of the Government Code.
(k) This section shall not apply to state employees in State Bargaining Unit 11 disciplined or
rejected on probation for positive drug test results who expressly waive appeal to the State Personnel
Board and invoke arbitration proceedings pursuant to a State Bargaining Unit 11 collective bargaining
agreement.
§ 1094.6 JUDICIAL REVIEW TIME LIMITS.
SUMMARY: Law which allows an employee or local agency to seek judicial review of a decision made by a
local agency, commission, board or officer, regarding the suspension, demotion or dismissal of an
employee or officer, or the denial of application for any retirement benefit or allowance.
(a) Judicial review of any decision of a local agency, other than school district, as the term
local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or
agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate
pursuant to such section is filed within the time limits specified in this section.
(b) Any such petition shall be filed not later than the 90th day following the date on which the
decision becomes final. If there is no provision for reconsideration of the decision, or for a written
decision or written findings supporting the decision, in any applicable provision of any statute, charter, or
rule, for the purposes of this section, the decision is final on the date it is announced. If the decision is
not announced at the close of the hearing, the date, time, and place of the announcement of the decision
shall be announced at the hearing. If there is a provision for reconsideration, the decision is final for
purposes of this section upon the expiration of the period during which such reconsideration can be
sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for
the purposes of this section on the date that reconsideration is rejected. If there is a provision for a
written decision or written findings, the decision is final for purposes of this section upon the date it is
mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the
party seeking the writ. Subdivision (a) of Section 1013 does not apply to extend the time, following
deposit in the mail of the decision or findings, within which a petition shall be filed. APPENDIX C
(c) The complete record of the proceedings shall be prepared by the local agency or its
commission, board, officer, or agent which made the decision and shall be delivered to the petitioner
within 190 days after he has filed a written request therefor. The local agency may recover from the
petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the
transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing
officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the local agency
or its commission, board, officer, or agent, all written evidence, and any other papers in the case.
(d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days
after the date the decision becomes final as provided in subdivision (b), the time within which a petition
pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the
date on which the record is either personally delivered or mailed to the petitioner or his attorney of record,
if he has one.
(e) As used in this section, decision means a decision subject to review pursuant to Section
1094.5, suspending, demoting, or dismissing an officer or employee, revoking, denying an application for
a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or
denying an application for any retirement benefit or allowance.
(f) In making a final decision as defined in subdivision (e), the local agency shall provide notice to
the party that the time within which judicial review must be sought is governed by this section.
As used in this subdivision, "party" means an officer or employee who has been suspended, demoted or
dismissed; a person whose permit, license, or other entitlement has been revoked or suspended, or
whose application for a permit, license, or other entitlement has been denied; or a person whose
application for a retirement benefit or allowance has been denied.
(g) This section shall prevail over any conflicting provision in any otherwise applicable law
relating to the subject matter, unless the conflicting provision is a state or federal law which provides a
shorter statute of limitations, in which case the shorter statute of limitations shall apply.
§ 2028.010 WRITTEN DEPOSITIONS.
Any party may obtain discovery by taking a deposition by written questions instead of by oral
examination. Except as modified in this chapter, the procedures for taking oral depositions set forth in
Chapters 9 (commencing with Section 2025.010) and 10 (commencing with Section 2026.010) apply to
written depositions.
INDEX
A
Page
Access to Records………………………………………………………………………………………… 64
Acts of Bravery or Safety……………………………………………………………………………........... 62
Additional Compensation………………………………………………………………………................ 2
Administrative Policy……………………………………………………………………………................. 2
Adoption…………………………………………………………………………………….……................... 68
Adoption of Civil Service Rules Revisions……………………………………………………................... 1
Advertising…………………………………………………………………………….................................. 20
Alternative Resolutions…………………………………………………………………………................... 49
Amendment of Rules...…………………………………………………………………………................... 67
Anti-Nepotism Policy……………………………………………………………………………...................
• Administrative Procedures Not Grieveable………………………………………………….…
• Applicability………………………………………………………………………………………….
28
29
28
Appeal……………………………………………………………………………....................................... 2, 20
Appeal Procedures……………………………………………………………………………....................
• Employee……………………………………………………………………………......................
• Personnel & Employee Relations Director………………………………………………..........
• Processing……………………………………………………………………………....................
45
45
45
45
Appellant…………………………………………………………………………….................................................. 2
Applicant…………………………………………………………………………….................................................. 2
Application……………………………………………………………………………................................................. 2
Application Rejection……………………………………………………………………………................... 18
Applications……………………………………………………………………………................................... 18
Applications and Applicants………………………………………………………………………………... 18
Appointing Authority…………………………………………………………………………….................. 3
Appointment……………………………………………………………………………................................
• General Procedures…………………………………………………………................................
3, 28
35
Appointment Policy…………………………………………………………………………….................... 28
Assembled Examination……………………………………………………………………………............. 5
Assistance……………………………………………………………………………..................................... 11
Authority……………………………………………………………………………......................................
• To Appoint……………………………………………………………………………....................
• To Discipline……………………………………………………………………………...................
• To Examine……………………………………………………………………………..................
34
40
20
Authorized Position……………………………………………………………………………....................
3
B
Base Salary Range…………………………………………………………………………….................... 3
Basis of Recruitment……………………………………………………………………………................... 20
Bumped……………………………………………………………………………......................................... 3, 58
Business Days …………………………………………………………………………….............................
i
3
INDEX
C
Calendar Day…………………………………………………………………………….............................. 3
Candidate……………………………………………………………………………....................................... 3
Casual Part-time……………………………………………………………………………........................... 3
Cause for DisciplinaryAction …………………………………………………………………………........ 40
Certification…………………………………………………………………………….................................. 3, 24
Certification of Eligible List……………………………………………………………………………........ 3
Certification of Eligibles……………………………………………………………………………............... 3
Certification of Eligibles for Multiple Vacancies……………………………………………………........ 25
Changes in Compensation of Individual Employees………………………………………………........ 15
Changing Policies, Standards or Procedures………………………………………………………........ 49
Charter…………………………………………………………………………….......................................... 3
City……………………………………………………………………………................................................ 3
City Council Policy……………………………………………………………………………...................... 4
City Departmental Promotional………………………………………………………………………........ 22
City Physician…………………………………………………………………………….............................. 3
City Promotional……………………………………………………………………………........................... 22
City Terminates Employee …………………………………………………………………………............. 29
Civil Service Commission……………………………………………………………………………..........
• Definition and Function……………………………………………………………………………
• Powers and Duties………………………………………………………………………….………
4, 11
11
12
Civil Service Ordinance………………………………………………………………………………........... 4
Civil Service Rules
• Intent…….…………………………………………………………………………..........................
• Purpose…………………………………………………………………………..............................
1
1
Civil Service Rules vs. Memorandum Of Understanding …………………………………………........ 2
Civil Service System…………………………………………………………………………….................. 1
Classification…………………………………………………………………………………………............. 4, 13
• Appeal…………………………………………………………………………………..................
• Policy…………………………………………………………………………………..................
• Procedure……………………………………………………………………………..................
14
13
13
Classification Specification…………………………………………………………………………….........
4
Classified Employee……………………………………………………………………………..................... 4
Classified Position……………………………………………………………………………...................... 4
Classified Service……………………………………………………………………………......................... 4
Commission and Council Action…………………………………………………………………….......... 35
Commission Approval……………………………………………………………………………................ 20
Commission Authority……………………………………………………………………………................ 1
Compensation……………………………………………………………………………............................... 34
Compensation or Pay Plan…………………………………………………………………………............. 15
Compensation Policy……………………………………………………………………………................... 15
Confidentiality…………………………………………………………………………….............................. 11
Consequences of Employees Failing To Decide Who Will Resign………………………………........ 29
Consolidation of Eligible Lists………………………………………………………………………............. 24
ii
INDEX
Continuous Recruitment……………………………………………………………………………............. 4
Contractual Services…………………………………………………………………………….................. 22
Coordination……………………………………………………………………………................................ 11
Counseling……………………………………………………………………………...........….................... 65
D
Decision……………………………………………………………………………...................…..................... 47
Decision to Lay off……………………………………………………………………………...........….......... 58
Deferred Applicant……………………………………………………………………………...........….......... 4
Deferred Eligible……………………………………………………………………………...........….............. 4
Definition Of Terms……………………………………………………………………………........................ 2
Deliberations……………………………………………………………………………...........….................... 47,
54
Demotion…………………………………………………………………...…………...........…..................... 4, 44
Destruction of Records…………………………………………………………….………………................ 64
Determination of Compensation Rate and Step Increases…………………….……………………........ 15
Determining Seniority……………………………………………………………….…………….....................
• Within Classification……………………………………………………….…………………….........
• City-Wide………………………………………………………………….…………...........................
59
59
59
Direct Line of Supervision……………………………………………………….……………………............ 28
Disability………………………………………………………………………….…...........….......................... 37
Disability Interactive Process………………………………………………………...........….................. 5, 38
Disability Transfer………………………………………………………………………...........…..................... 9, 30
Disability Transfer Placement………………………………………………………………………….......... 38
Disabled Individuals……………………………………………………………………………......................... 37
Disciplinary Action…………………………………………………………………...........…......................
• Definition and Objectives…………………………………………………………............................
5, 40
40
Dismissal……………………………………………………………………………...........…......................
5,
44,
56
Displacement……………………………………………………………………………...........…..................... 30,
58
Displacement and Lay off Grievance Rights…………………………………………………………........... 61
Displacement Offer……………………………………………………………………………...........…...........
• Acceptance……………………………………………………………………………….....................
• Declination………………………………………………………………………………....................
60
60
60
Displacement Rights………………………………………………………………………...........…..............
60
Disqualification……………………………………………………………………………...........…...............
5
Downward Reclassification………………………………………………………………...........…................. 8
Duration of Eligible Lists…………………………………………………………………...........…................ 24
Duty Assignments…………………………………………………………………………...........…................. 14
iii
INDEX
E
Effect on Status…………………………………………………………………………...........…..................... 36
Eligibility for Re-employment…………………………………………………………………………............. 56
Eligible…………………………………………………………………………...........….................................. 5
Eligible List Policy…………………………………………………………………………...........…................. 24
Eligible List(s)…………………………………………………………………………...........…...................... 5,
24,
31
Eligibles Not Selected…………………………………………………………………………...........…........ 26
Elimination of Eligibles…………………………………………………………………………...........…......... 26
Employee…………………………………………………………………………......................................... 5
Employee Layoffs…………………………………………………………………………...........…................. 49
Employee Recognition Policy………………………………………………………………………….......... 62
Employee Returned To Previous Permanent Position…………………………………………………… 29
Employee Right to Transfer…………………………………………………………………………............... 28
Employee Rights…………………………………………………………………………...........…................... 1
Employee Service Awards…………………………………………………………………………...........… 63
Employee’s Right To Resign…………………………………………………………………………............ 29
Employees Deprived of Due Process………………………………………………………………………... 48
Employees Subject To Layoff………………………………………………………………………….......... 58
Employees Without Permanent Status / Unclassified Employees………………………………………... 49
Employment Separation Due to Permanent Disability……………………………………………………... 38
Enforcement of Civil Service Rules…………………………………………………………………………... 1
Enumerated Grounds not Exhaustive……………………………………………………………………… 43
Equal Employment Opportunity…………………………………………………………………………......... 1
Examination…………………………………………………………………………...........…...........................
• Grading and Weighting Method……………………………………………………………………...
5
22
Examination Categories………………………………………………………………………………………
• City Departmental Promotional……………………………………………………………………….
• City Promotional………………………………………………………………………………………
• Open…………………………………………………………………………………………………….
22
22
22
22
Examination Components……………………………………………………………………………………… 21
Examinee…………………………………………………………………………...........….......................... 5
Excepted…………………………………………………………………………...........…................................ 5
Exception to Rules…………………………………………………………………………...........….............. 12
Exclusions…………………………………………………………………………...........…............................ 49
Execution of Commission Recommendations………………………………………………………………. 55
Execution of Decision…………………………………………………………………………...........…........... 48
Exempt…………………………………………………………………………...........….................................. 5
Existing Classifications…………………………………………………………………………...........…...... 13
Exit Interview…………………………………………………………………………...........…......................... 57
Extraordinary Performance (Single Act)……………………………………………………………………...
iv
62 INDEX
F
Failure To Adhere to the Order of Effecting Reduction In Work Force…………………………………... 61
Failure To Grant/Adhere To Reinstatement Rights………………………………………………………… 61
Fair Employment Practices………………………………………………………………………….............. 20
Filling of Vacancies…………………………………………………………………………...........…............... 30
Final Determination…………………………………………………………………………...........…............
• Written Reprimand…………………………………………………………………………...........….
• Excluding Written Reprimands………………………………………………………………………
45
45
45
Final Scores…………………………………………………………………………...........…...........................
24
Findings and Recommendations………………………………………………………………………….......
55
Fitness for Duty Examination…………………………………………………………………………............. 5, 37
For Cause…………………………………………………………………………............................................ 5
Formal Written Grievance Process …………………………………………………………………………
• Step One (Grievance to Supervisor)………………………………………………………………
• Step Two (Grievance to Department Head) ……………………………………………………….
• Step Three (Grievance to City Manager)…………………………………………………………...
• Step Four (Grievance to Commission)……………………………………………………………...
50
50
51
51
51
G
Personnel Operations
• General…………………………………………………………………………...........….....................
64
General Provisions…………………………………………………………………………...........….............. 66
Grammatical Interpretation…………………………………………………………………………................. 2
Grievance…………………………………………………………………………...........…...............................
• Procedure………………………………………………………………………………………………
6
50
Grievance Hearings…………………………………………………………………………...........…............
• Procedure………………………………………………………………………………………………
53
54
H
Hearing Officer or Board, Use of………………………………………………………………………….......
• Commission…………………………………………………………………………...........….............
• Employee…………………………………………………………………………...........….................
46,
53
46
46
Hearing Procedure…………………………………………………………………………...........…..............
47
Hearings…………………………………………………………………………...........…................................ 45
I
Immediate Family (of affected employees)………………………………………………………………… 28
Incumbent…………………………………………………………………………...........…............................... 6
Informal Grievance Process …………………………………………………………………………............ 50
v
INDEX
Information Regarding Available Transfer Opportunity…………………………………………………… 29
Insubordination…………………………………………………………………………...........….................... 6
Inter-Departmental Transfer…………………………………………………………………………...........… 9
Interpretation Of These Rules………………………………………………………………………….......... 2
Intra-Departmental Transfer…………………………………………………………………………............... 9
Inventions or Suggestions…………………………………………………………………………...........…... 62
J-K
Job Abandonment…………………………………………………………………………...........…................. 6
Job Bulletin…………………………………………………………………………...........…............................. 6, 21
Judicial Review…………………………………………………………………………...........….................... 6,
48,
55
L
Lateral Transfer…………………………………………………………………………...........…..................... 9
Laws, Statutes and Codes…………………………………………………………………………...........…... 2
Lay Off…………………………………………………………………………...........…....................................
• Policy……………………………………………………………………………………………………
30,
58
58
Limited Term Appointment…………………………………………………………………………...........…... 33
M
Mail Box…………………………………………………………………………...........…................................ 12
Maintenance of Employee Records………………………………………………...........…........................... 64
Medical Examinations…………………………………………………………………………...........…........... 37
Merit Principle…………………………………………………………………………...........…...................... 1
Minimum Requirements…………………………………………………………………………...........…....... 6
Modification/Rejection of Disciplinary Action………………………………………………………………... 47
N
Nepotism…………………………………………………………………………...........…................................. 6
Notice of Public Hearing…………………………………………………………………………...........….... 67
Notice to Affected Employees…………………………………………………………………………........... 28
Notification to Affected Employees………………………………………………………………………….. 60
vi
INDEX
O
Oaths…………………………………………………………………………...........…...................................... 46,
53
Obtaining Authorization…………………………………………………………………………...........….........
• New Employees…………………………………………………………………………...........….......
• Current Employees…………………………………………………………………………...........…
66
66
66
Occupational Medical Standards…………………………………………………………………………...... 6, 37
Open & Competitive Examination………………………………………………………………………….... 6, 24
Order of Effecting Reduction In Work Force…………………………………………………………………
• Group 1: Temporary Employees…………………………………………………………………….
• Group 2: Permanent Employees…………………………………………………………………….
58
58
59
Ordered Leave of Absence - With Pay……………………………………………………………………… 66
Ordered Leave With Pay…………………………………………………………………………...........….... 6
Organizational and Protocol…………………………………………………………………………...........…. 11
Other Performance…………………………………………………………………………...........….............. 62
Outside Employment or Business/Volunteer Activities……………………………………………………...
• Applicability…………………………………………………………………………...........…...............
66
66
Outstanding Job Performance Criteria……………………………………………………………………… 62
Outstanding Job Performance Recognition Program………………………………………………………. 62
Outstanding Performance Evaluation Rating………………………………………………………………... 62
P
Part-time Employees ………………………………………………………………………….................….... 6
Pay Basis…………………………………………………………………………...........….............................. 15
Performance Evaluations…………………………………………………………………………...........…..... 35,
49
Performance Improving Workplace Environment…………………………………………………………… 62
Permanent Appointment…………………………………………………………………………...........…....... 31
Permanent Status…………………………………………………………………………...........…................ 6
Personnel & Employee Relations Director…………………………………………………………………… 7
Personnel & Employee Relations Director Responsibilities…………………………………...........….... 35
Personnel Action…………………………………………………………………………………….........….... 7
Personnel Action Control System………………………………………………………………………….... 65
Personnel Department…………………………………………………………………………...........…........ 64
Personnel File …………………………………………………………………………...........…...................... 7
Personnel Operations…………………………………………………………………………...........…........... 64
Personnel Processes…………………………………………………………………………...........….......... 64
Physical Requirements…………………………………………………………………………...........…......... 19
Placement List…………………………………………………………………………...........…...................... 59
Position…………………………………………………………………………...........…..................................... 7
Pre-Placement Employment Offer Components…………………………………………………………… 21
vii
INDEX
Probationary Appointment…………………………………………………………………………................... 31
Probationary Performance Evaluations……………………………………………………………………… 35
Probationary Period…………………………………………………………………………...........…............... 7
Processing…………………………………………………………………………...........…............................... 13
Prohibitions…………………………………………………………………………...........…............................ 14
Promotion…………………………………………………………………………...........…................................. 7
Promotional Examination(s)…………………………………………………………………………...........… 7,
22,
24
Promotional List…………………………………………………………………………...........….................... 7
Proposed Amendment Procedures………………………………………………………………………….. 67
Protection Against Reprisal…………………………………………………………………………...........… 48,
52
Provisional Appointment…………………………………………………………………………...........…....... 32
Public Hearing…………………………………………………………………………...........…......................... 67
Public Notice …………………………………………………………………………...........…........................ 7
Public Record …………………………………………………………………………...........…..................... 7
Q
Qualified Individuals…………………………………………………………………………...........…............... 37
Quorum…………………………………………………………………………...........…................................ 7
R
Page
Rank…………………………………………………………………………...........…......................................... 24
Reasonable Accommodation…………………………………………………………………………............... 7, 38
Reasons Given For Termination…………………………………………………………………………......... 56
Recertification of Deferred Eligibles…………………………………………………………………………... 26
Recertification of Eligibles…………………………………………………………………………...........…..... 26
Reclassification…………………………………………………………………………...........….......................
• Basis for Reclassification………………………………………………………………………………
• Reclassification to Higher Level Position ……………………………………………………………
8, 13
13
14
Reclassified Employees Layoff Rights………………………………………………………………………... 14
Recognition Program for Outstanding Job Performance…………………………………………………… 62
Recognition Program Procedures…………………………………………………………………………....... 63
Records…………………………………………………………………………...........….................................. 11,
55,
64
Recruitment…………………………………………………………………………...........…............................. 20
Reduction in Pay…………………………………………………………………………...........….................. 8
Reduction in Step Within a Range………………………………………………………………………….... 44
Re-employment…………………………………………………………………………...........…....................... 8, 30
Refusal to Submit to a Fitness For Duty Examination………………………………………………………. 38
viii INDEX
Regular Part-Time…………………………………………………………………………………...........….... 8
Regular Part-Time Appointment (RPT)……………………………………………………………………… 33
Reinstatement…………………………………………………………………………...........…......................... 8, 30
Reinstatement Rights…………………………………………………………………………...........….......... 61
Rejection…………………………………………………………………………...........…................................ 8
Removal From Duty…………………………………………………………………………...........…............... 29
Removal of Classified Service Status………………………………………………………………………… 2
Removal of Probationary Employees…………………………………………………………………………. 49
Representation…………………………………………………………………………...........…...................... 49
Reprimand…………………………………………………………………………...........…............................... 8
Reprisal…………………………………………………………………………...........….................................. 8
Request for Certification…………………………………………………………………………...........…...... 8
Resignation…………………………………………………………………………...........…............................ 8, 56
Retaliation…………………………………………………………………………...........….............................. 9
Retirement Recognition…………………………………………………………………………...........…......... 63
Re-title…………………………………………………………………………...........….................................... 9
Reversion…………………………………………………………………………...........…................................. 9, 33
Reversion Rights…………………………………………………………………………...........….................. 61
Review of Scores by Examinees…………………………………………………………………………...... 23
Right To Appeal…………………………………………………………………………...........….................... 29,
45
Right to Appeal to Commission…………………………………………………………………………........... 52
Right to Grieve…………………………………………………………………………...........…...................... 49
RPT Seniority Points…………………………………………………………………………...........…............ 23
Rule of Five…………………………………………………………………………...........…............................. 25
Rule of Ten…………………………………………………………………………...........…............................ 25
Rule of Three…………………………………………………………………………...........…........................... 25
Rules of Certification…………………………………………………………………………...........…............ 24
S
Salary Range…………………………………………………………………………...........…........................... 15
Salary Steps…………………………………………………………………………...........….......................... 15
Selection…………………………………………………………………………...........…................................ 11
Seniority…………………………………………………………………………...........…................................... 9, 58
Seniority Limitations…………………………………………………………………………...........…............... 59
Seniority List…………………………………………………………………………...........….......................... 59
Seniority Preference…………………………………………………………………………...........…............ 23
Seniority Preference Exceptions…………………………………………………………………………......... 23
Seniority Ties…………………………………………………………………………...........…........................... 59
Separation…………………………………………………………………………...........…............................... 9, 56
Separation Pay…………………………………………………………………………...........…....................... 16
ix
INDEX
Services to Civil Service Commission………………………………………………………………………… 65
Severability …………………………………………………………………………...........…............................. 2
Severity of Disciplinary Action…………………………………………………………………………............. 43
Special Compensation…………………………………………………………………………...........…...........
• Definition…………………………………………………………………………...........…..................
• Eligibility…………………………………………………………………………...........….....................
• Process…………………………………………………………………………...........….......................
16
16
16
17
Special Definitions…………………………………………………………………………...........…................... 28,
58
Special Examinations…………………………………………………………………………...........…............. 25
Statement…………………………………………………………………………...........…................................ 49
Subpoenas…………………………………………………………………………...........…............................... 12,
46,
53
Suspension…………………………………………………………………………...........…............................... 9
Suspension Without Pay…………………………………………………………………………...........…...... 44
Sustained Job Performance Superiority………………………………………………………………………. 62
T
Temporary Disability…………………………………………………………………………...........…............... 38
Temporary Modified Duty…………………………………………………………………………...........…....... 38
Termination…………………………………………………………………………...........…............................... 9
Termination of Eligible Lists…………………………………………………………………………...........…... 27
Termination of Employment…………………………………………………………………………...........…... 56
Time Frame for Written Findings and Decision………………………………………………………………. 48
Time Limits…………………………………………………………………………...........…............................... 52
Time Limits Extended…………………………………………………………………………...........…............. 52
Time Limits For Beginning the Informal Grievance Process………………………………………………... 50
Time Limits for Supervisor Decision………………………………………………………………………….. 50
Time Limits Not Met – Grievance Deemed Resolved………………………………………………………
• Employee……………………………………………………………………………………….….........
• Supervisor/Management……………………………………………………...………………………
52
52
52
Time Limits Only for Matters on City Council Policy…………………………………………………………. 52
Transfer…………………………………………………………………………...........…..................................... 9, 36
Transfer Because of Disability…………………………………………………………………………............ 36
Transfer Eligibility Requirements…………………………………………………………………………......... 36
Transfer Opportunity…………………………………………………………………………...........…............... 30
Transfer Procedures…………………………………………………………………………...........…............... 36
Transfer Request (Origination)…………………………………………………………………………............. 36
Types of Appointment…………………………………………………………………………...........…............. 31
Types of Disciplinary Actions…………………………………………………………………………...........…. 44
Types of Termination…………………………………………………………………………...........…............ 56
x
INDEX
xi
U
Unassembled Examination…………………………………………………………………………...........….. 5
Unclassified…………………………………………………………………………...........…............................ 9
Upward Reclassification…………………….…………………………………………………...........…......... 8
Use and Alteration of Compensation Plan……………………………………………………………………. 15
Use of Outside Examination Agents ………………………………………………………………………… 22
V
Veteran…………………………………………………………………………...........…................................. 9
Veterans’ Preference…………………………………………………………………….…...........…............ 22
W-X
Waiving Informal Grievance Process………………………………………………………………………… 50
Work Authorization…………………………………………………………………………...........…................ 34
Working Days…………………………………………………………………………...........…........................... 10
Written Notice to Employee…………………………………………………………………………................ 44
Written Reprimand…………………………………………………………………………...........…................ 44
Y-Z
Y Rating…………………………………………………………………………...........…................................. 10