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HomeMy WebLinkAbout0722CVWINANCE NO. 722 (1977 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING PERSONNEL RULES AND REGULATIONS FOR CITY EMPLOYEES BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Municipal Code Article II, Chapter 7, Personnel, is hereby repealed. SECTION 2. Municipal Code Article II, Chapter 7, entitled "Personnel Rules and Regulations" is hereby included to read in full as follows: (See attached text) SECTION 3. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting thereof held on the 6th day of September-, 1977, on motion of Councilman Jorgensen , seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Dunin and Mayor Schwartz c' ORDINANCE NO. 722 FINALLY PASSED this 20th day of September 1977 , on motion of Councilman Jorgensen seconded by Councilman Petterson on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Gurnee, Dunin and Mayor Schwartz NOES: None ABSENT: None ATTEST: Fit atrick, CITY CLERK PERSONNEL RULES AND REGULATIONS Table of Contents Section Title Page 2700 General Provisions 1 2701 Definition of Terms 3 2702 Classification 6 2703 Compensation Plan 8 2704 Staffing 9 2705 Separation 17 2706 Disciplinary Actions 20 2707 Grievance Procedure 22 2708 Employee Responsibilities and Benefits 24 2709 Reports and Records 32 2710 Departmental Rules 33 1 PERSONNEL RULES AND REGULATIONS SECTION 2700. General Provisions This chapter shall be known as the "Personnel Regulations" of the City. SECTION 2700.1 Adoption of Personnel System This chapter is adopted in order to establish an equitable and uniform procedure for dealing with personnel matters, to attract and retain competent personnel, and to assure that appointments and promotions of employees will be based on merit and fitness. SECTION 2.700.2 Personnel Department There is hereby created the Department of Personnel for the City. The Personnel Department shall be headed by the Personnel Director, who shall be appointed by the City Administrative Officer. SECTION 2700.3 Personnel Director The Personnel Director shall: A. Administer all provisions of this chapter not specifically reserved to the City Council. B. Recommend any revisions and amendments to this chapter and the employer - employee relations resolution. C. Prepare and maintain a Job Classification Plan, including job descriptions, and make periodic revisions of the plan as needed. D. Provide for the administration of the recruitment and selection process as outlined in this chapter. E. Supervise and coordinate employee training programs. F. Conduct employee meet and confer sessions and related labor relations functions as directed by the City Administrative Officer. 2 G. Administer the Compensation Plan of the City. H. Administer an Affirmative Action Program and promote Equal Opportunity Employment in all City departments. I. Perform other work as assigned by the City Administrative Officer or designated representative. SECTION 2700.4 Unclassified Service The following positions and types of employment shall be termed the. unclassified service. A. Elective officials B. Members of appointive boards, commissions,--ard committees C. Cite Administrative Officer D. City Clerk E. City Treasurer F. City Attorney G. Department Heads H. Persons engaged under contract to supply expert professional, technical, or other special services I. Volunteer personnel J. Temporary appointments as defined by this chapter K. Persons employed under Federal, State or County funded programs Appointments to the unclassified service shall be made on the basis of merit and fitness. The procedures outlined for filling classified service positions may be used in filling vacancies in the unclassified service. Persons employed under contract shall perform work not normally a part of regular City business, usually without supervision, and for a specified amount rather than by a time rate. Such contract employment shall be approved by the Personnel Director and persons so employed shall complete a written contract with the City. 3 SECTION 2700.5 Classified Service The provisions of this chapter shall apply to all offices, positions, and employment in the service of the City not listed in Section 2700.4 of this code which shall be known as the classified service. SECTION 2700.6 Equal Opportunity Employment All persons seeking employment with the City and all City employees shall be treated equally and without discrimination which is prohibited by Federal, State, or local law,. _ This commitment also applies to job assignment, promotion, demotion, transfer, termination, and disciplinary actions. The City is committed to the development of positive measures to help eliminate barriers to the recognition of individual merit in personnel practices. Employees shall not be discriminated against because of the exercise of their rights under Section 3502 of the California Government Code or under the City's Employer - Employee Relations Resolution. SECTION 2700.7 Employment of Relatives The policy of the City Council shall be as prescribed in Section 906 of the City Charter covering nepotism. The City Administrative Officer may establish additional guidelines where considered to be in the best interests of the City. Such guidelines shall be on file in the Personnel Department. SECTION 2701. Definition of Terms The terms used in this chapter shall be defined as listed below: Appointing Authority: Each employee empowered by the City Administrative Officer to have substantial influence over appointments and other personnel actions. This includes department heads and in some cases division heads. Benefit Date: The date which determines eligibility for salary step and fringe benefit increases. If the date of hire or promotion occurs on or between 4 the first and fifteenth day of the month, the benefit date is the first of that month. If date of hire or promotion is after the fifteenth of the month, the benefit date is the first of the following month. Business Days: Calendar days exclusive of Saturdays, Sundays, and legal holidays. Certification: The submission to an appointing authority of the eligible list from which a selection to fill a vacant position shall be made. Classification: All positions sufficiently similar in duties, authority, and respon- sibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion, and salary. Days: Calendar days unless specified otherwise. Demotion: The movement of an employee from one class to another class having a lower maximum rate of pay. Eligible List: A list of qualified candidates eligible for employment with the City under specific conditions as a result of open or promotional examination for a job classification. Examination: Any selection instrument, process, or procedure used to measure the ability of a person applying for a position within the City service to perform successfully in that position. Line -Item Position: A position which is specifically itemized in the City budget, requiring forty hour s_or- more_. ner__week.._Such a position is eligible to accumulate all fringe benefits. 5 Normal Work Week: The number of an employee's regularly scheduled paid hours of work averaged over the fiscal year. Probationary Employee: An employee appointed from :`an eligible _list_:fillina_a line- item_ _ position in the classified service who has not completed the probationary period. Promotion: The advancement of an employee from one job classification to another having a higher maximum base rate of pay. Reclassification: The change in classification of an individual position by raising it to a higher, reducing it to a lower, or allocating to another classification at the same pay range, on the basis of significant and substantive changes in the kind or difficulty of duties and responsibilities in that position. Regular Employee: An employee filling a line -item position who has successfully completed the probationary period and has been retained as hereafter provided in this chapter. Reinstatement: The re- employment without examination of a former regular or probationary employee following separation of service with the City within the time limits prescribed in this chapter. Suspension: The temporary separation of an employee from the City service for disciplinary reasons with loss of pay. Temporary Appointment: The placement of a person in a line -item position on an interim basis while an eligible list is being prepared for the appointment of a probationary employee." Temporary Position: A position not specifically itemized in the budget, either full or part time, requiring less than an average of forty hours per week for the calendar year. Such a position is not eligible to accumulate fringe benefits and is paid on a straight hourly basis for all hours worked, with the exception of retirement benefits which are accrued and partially paid for by employees who work an average of twenty hours a week or more during a calendar year. Temporary Promotion: The advancement of a regular or probationary employee from one line -item position to another on an interim basis. Transfer: A change of an employee from one position to another position in the same classification or in a comparable classification having the same pay range, requiring substantially the same basic qualifications and involving the performance of similar duties. SECTION 2702. Classification The Classification Plan, is, in effect, an occupational inventory of the positions in the City Service. It is a fundamental tool of personnel administration,since:it makes possible standardization of class titles for purposes of personnel record keeping, examining, pay administration, and related personnel administrative objectives. SECTION 2702.1 Nature of Classification Plan The Classification Plan may be summarized as follows: A. A grouping of positions involving substantially the same duties and responsibilities, which require similar levels of education, experience, knowledge, skills, and abilities and are of such character that the same tests of fitness may be used to select qualified employees. 7 B. A list showing the classification titles of all positions in the City Service, together with the allocation of each position to its appropriate class, including the number of such positions currently authorized and budgeted. C. Written job descriptions containing at least the following elements: 1. A brief descriptive title 2. A concise definition of the job's general scope and function 3. The series of duties most commonly performed by the position 4. The minimum qualifications for the position listed in terms of knowledge, abilities, and specialized education', experience, and /or licenses essential for satisfactory performance of the job. A job description should clearly show those features which distinguish it from other descriptions with similar duties Classification definitions do not restrict the assignment of duties to an employee in any way—However, assignment of a substantial volume of higher grade or lower grade duties to an employee over a period of time may result in raising the question of a reclassification of the employee's position. SECTION 2702.2 Maintenance of Classification Plan The classification plan shall be so maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class. The classification plan shall be adopted by resolution of the City Council and may be amended from time to time in accordance with the following procedure: E3 A. Upon the request of a department head to create a new position or reevaluate a current position's job classification, the Personnel Director shall classify or reclassify each such position on.the basis of the duties and responsibilities of that position. The classification action of the Personnel Director will become final when approved by the City Administrative Officer. B. An employee may request consideration of a change in the classification of his/her position during January and February of any year. Such requests shall be in writing, and shall set forth supporting reasons. The Personnel Director shall make a study of the position and shall submit a written report to the City Administrative Officer, whose decision shall be in writing and shall be final. Such decision shall be made before adoption of the City budget for the next fiscal year. Upon the adoption of such a reclassification, the affected employee shall be placed in the new classification without competitive examination. SECTION 2703.3 Compensation Plan The Compensation Plan is based upon the Classification Plan and.is designed to establish levels of pay and benefits which reflect on appropriate relationships among classifications in the City service. The plan should be maintained consistent with the goals of adequately compensating City employees for their work and attracting and retaining qualified applicants. SECTION 2703.1 . Nature of Compensation Plan A. The compensation plan shall be adopted by resolution of the City Council covering classified and unclassified City employees. D B. The following rules shall govern step increases for line -item employees: 1. The first step is the minimum rate and shall normally be the hiring rate for the class. 2. In cases where it is difficult to secure qualified personnel, or if a person of unusual qualifications is considered for hire, the City Administrative Officer may authorize hiring at any step. 3: Rules for advancement shall be outlined in the salary resolution. SECTION 2704 Staffing The staffing function comprises recruitment, examinations, eligible lists, selection, appointment, probation, performance evaluation, and related activities. SECTION 2704.1 Recruitment When necessary to establish an eligible list, the Personnel Director shall prepare a job announcement which shall specify the position title, nature of duties, minimum qualifications, rate of compensation, application procedure, and other pertinent information. Suitable and effective methods of distributing and publicizing information relative to job openings shall be practiced to secure qualified candidates. All applicants shall fill out the application forms prepared by the Personnel Director and obtainable in the Personnel Department. The Personnel Director shall reject any application for any of the following reasons which indicate unfitness of the applicant for the position: A. Failure of the applicant to meet the minimum qualifications stated on the job announcement; 10 B. False statements by the applicant on the application; C. Any fraudulent practice by the applicant in connection with any phase of the recruitment and selection process; D. Unsatisfactory criminal or driving conviction records of the applicant. Driving records will only'be considered for those positions requiring a driver's license unless a felony conviction is involved. Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of'an applicant for employment by the City; provided, however, that the Personnel Director may disregard such conviction if it is found and determined that mitigating circumstances exist. In making such a determination, the Personnel Director shall consider the following factors: 1. The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction; 2. The nature and seriousness of the offense; 3. The circumstances surrounding the conviction; 4. The length of time elapsed since the conviction; 5. The age of the person at the time of the conviction; 6. The presence or absence of rehabilitation or efforts at rehabilitation; 7. Contributing social or environmental conditions. The Personnel Director shall give written notice of disqualification to an applicant disqualified under this provision. Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment, if the applicant shall have been convicted of a felony or misdemeanor involving moral turpitude. 11 E. Any other reason which would indicate unfitness of the applicant for the position, upon determination of the Personnel Director. The Personnel Director shall notify in writing those persons whose applications have been rejected with statement of reason. Accepted appli- cants shall be notified in writing of the time and place of examination. SECTION 2704.2 Examinations The examination process shall be impartial and related to those subjects which, in the opinion of the Personnel Director, measure the relative abilities of the person examined to execute the duties and responsibilities of the job.' The identity of applicants shall be concealed in written examinations until after they have been graded and the pass point established. In examining persons for positions in the classified service, promotional and /or open examinations may be used as determined by the Personnel Director. Candidates for promotional examination must be employed by the City at the time of the examination and must possess the minimum requirements for the position. Examinations shall consist of selection techniques which will test the qualifications of candidates such as, but not necessarily limited to, achievement, aptitude,and_ other written tests;_._ personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical and /or psychological, polygraph, or similar tests, successful completion of prescribed training, or any combination of these or other tests. The Personnel Director may establish a lateral .transfer policy, permitting candidates meeting minimum education and experience requirements to be placed on an eligible list based on a limited examination process. Oral board members will be selected from individuals who can fairly and impartially evaluate candidates on the basis of merit. Every effort will 9 1 f be made to utilize raters who have no preconceived opinions or prejudices regarding one or more of the candidates to be examined. The Personnel Director shall establish the minimum qualifying score on individual tests or the entire examination in accord with the needs of the service. The Personnel Director, may, at his/herldscretion, include as part of the examination, tests which are qualifying only. Each candidate in an examination shall be given written notice of the results thereof, and if successful, the final earned score and /or rank on the eligible list. SECTION 2704.3 Eligible Lists A. Establishment of Lists: After completion of an examination, the Personnel Director shall prepare and keep available an eligible list consisting of the names of candidates who qualified in the examination, arranged in order of final scores, from the highest to the lowest qualifying score. B. Duration'of Lists: Eligible lists shall remain in effect for one year, unless 12 sooner exhausted or abolished by the Personnel Director upon the recommendation of a department head or other appointing authority. Such lists may be extended for up to one additional year by the Personnel Director. C. Re- Employment Lists: The names of probationary and regular employees who have been laid off for budgetary reasons shall be placed on appropriate re- employment lists for the positions from which they were laid off for consideration for future vacancies. When'a re- employment list is to be used to fill vacancies, the Personnel Director shall certify all of the names on the list for consideration by the appointing authority as meeting minimum qualifications for the position. 13 D. Removal from List: The name of any person may be removed from an eligible list by the Personnel Director upon written request of the candidate; failure to respond to notice mailed to the last known address within 10 days; resignation of employee whose name is on promotional eligible list, or for any of the reasons specified in Section 2704.1 covering disqualifications. SECTION 2704.4 Certification and Appointment A. Notice to Personnel Director If a vacant position in the City service is to be filled, the appointing authority shall notify the Personnel Director in the manner prescribed. If there is no re- employment list available for the class, the Personnel Director and department head shall determine whether to fill the vacancy by transfer, demotion, appointment from a promotional or open eligible list or reinstatement. B. Certification _11 If a position vacancy in the competitive service cannot be filled by transfer, demotion, or from a re- employment list, certification shall be made from a promotional and /or (open eligible list, provided eligitles are available and willing to accept appointment. C. Appointments All vacancies in the competitive service shall be filled at the discretion of management by transfer, demotion, promotion, reinstatement, or utilization of an appropriate eligible list. After interview and investigation, the appointing authority shall recommend appointments from among those certified. Such appointments shall be approved by the Personnel Director. The person accepting appointment shall present himself /herself to the Personnel Director, or a designated 14 representative at a specified time before the date of appointment for processing. Otherwise he /she shall be deemed to have declined the appointment. D. Temporary Appointments In the absence of the appropriate eligible lists, the appointing authority, upon approval of the Personnel Director, may make a temporary appointment to a vacant line -item position, of a person meeting the minimum qualifications for the position. The Personnel Director shall immediately commence the recruitment process and establish an eligible list from which a probationary employee shall be appointed. Such temporary appointment to a line -item position shall be for a period not to exceed six months and tthe temporary employee shall not accumulate fringe benefits. In the event of a serious emergency, such as extraordinary fire, flood or earthquake, a department -head, with the approval of the City , Administrative Officer, may makeitemporary appointments on an emergency basis. Such appointments shall only last until either the City Council or City Administrative Officer declares the end of such emergency. A temporary employee may be removed at any time without the right of appeal or hearing. E. Reinstatement A regular;or probationary employee who has completed at least six months of probationary service and who has resigned with a good record may be reinstated within one year of the effective date of resignation to a vacant position in the same classification, subject to the approval of the department head and Personnel Director and a favorable report from the City medical examiner. Upon reinstatement, the employee shall be subject to the one:year probationary period. No credit for former employment with the City of San Luis Obispo may be granted in computing salary, vacation, sick leave, or other benefits 15 except on the specific recommendation of the appointing authority and approval of the Personnel Director at the time of reinstatement. SECTION 2704.5 Probationary Period All appointments in line -item positions in the classified service, including promotional appointments, shall be subject to a probationary period of one year. The probationary period may be extended or reinstated if further employee evaluation is deemed necessary for up to six months upon the written recommendation of the department head and the written approval of the Personnel Director SECTION 2704.6 Medical Examination Each appointment to the classified service shall be subject to 'a medical examination conducted by the City's medical examiner. Appointments to the unclassified service may be subject to a medical examination at the discretion of the Personnel Director, based primarily on the nature and duration of the position. SECTION 2704.7 Fingerprints Fingerprints shall be taken of all new employees filling line -item positions and police record checks will be made to verify conviction record information submitted on the application for employment. Any omissions may be grounds for rejection of the application, removal of name from the eligible list, or dismissal from position. New temporary employees may also be fingerprinted at the discretion of the Personnel Director. SECTION 2704.8 Performance Evaluation Written performance rating reports shall be completed on forms devised by the Personnel Director at least annually for all department heads • i 16 and employees in the classified service and at least quarterly for all employees serving their probationary period. Supervisors shall review each report form with the employee concerned and the employee shall sign the form acknowledging that this review has taken place. Employee's signature does not necessarily constitute agreement with supervisor's rating. The Personnel Director shall maintain a record of each employee's ratings. The rating reports may be used as measures of an employee's fitness to advance in pay and to determine the order for layoffs as outlined in Section 2705.3. SECTION 2704.9 Transfer, Promotion, Demotion, Temporary Assignment A. Transfer Upon proper notice and concurrence by the City Administrative Officer, an employee may be transferred by the appointing authority from one position to another in the same pay range provided he /she possesses the minimum qualifications as determined by the Personnel Director. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Administrative Officer orders the transfer for purposes of economy and efficiency. B. Promotion Insofar as consistent with the best interests of the City, all vacancies in the classified service shall be filled by promotion from within the classified service. If, in the opinion of the Personnel Director and department head, a vacancy could be filled better by an open- competitive examination, then arrangements will be made for the preparation and certification of an open- competitive eligible list. A temporary promotion to a higher grade may be made for 120 days or less without competitive promotion procedures. Temporary promotions `- 17 for more than 120 days must be made under competitive promotion procedures. When an employee is promoted, the employee shall be paid at the first step in the salary range for the new position whose salary is the same as or above that last earned in the former position. If the promotion is to..a supervisory position, the promoted employee shall receive not less than the next higher rate above the highest rate being paid to his /her subordinate. If the employee returns to his/her regular position, the pay rate will be the same as if no temporary promotion had occurred. C. Demotion An employee who performs his /her duties in an unsatisfactory manner may be demoted in accordance with Section 2706 if the employee gives evidence of the ability to perform work satisfactorily in a lower classification where a vacancy exists. A demoted employee shall be placed in a salary step in the new classification which is the same as or lower than the salary rate held prior to demotion. D. Temporary Assignment An appointing authority may temporarily assign an employee to a different position for a specific period of time, after which the employee returns to his/her regular duties and position from which he /she was detailed. Such action shall have the prior approval of the Personnel Director. SECTION 2705. Separation In the normal course of events, each employee becomes separated from the City Service. Separations may occur due to resignation, termination, layoff, removal, retirement, or medical reasons. SECTION 2705.1 Resignation An employee wishing to leave the City Service in good standing shall file with the appointing authority, a written resignation stating the effective date and reason(s) for leaving at least two weeks before leaving 18 the service. A statement from the department head as to the resigning employee's service performance and other pertinent information shall accompany the written resignation and shall be forwarded to the Personnel Department. The Personnel Director shall hold an exit interview with each regular line -item employee leaving the City service when possible. The results shall be filed in the employee's personnel folder. SECTION 2705.2 Termination of Probationers During the probationary period, an employee may be terminated at any time by the appointing authority without the right of appeal or hearing. SECTION 2705.3 Lay -off Any City employee may be laid off for an indefinite period of time whenever the City Council determines there is a lack of work or funds for the position or that the necessity for the position no longer exists. No regular or probationary employee shall be laid off while a temporary employee is serving in the same classification in that department. Temporary employees within a deleted position within a particular department shall be the first subject to lay -off, followed by probationary employees, the order being determined by seniority, the last hired being laid off first. For regular employees, lay -offs shall be governed by job performance and seniority in service within a particular department and job classification; that is, a regular employee being laid off shall be that employee with the least seniority in the particular job classification concerned and in the department involved who is in the lowest job performance 19 category based on the overall performance rating on the last evaluation form due prior to the effective date of the lay - off(s). In other words, the regular employee in the lowest job performance category having the least seniority within the job classification to be deleted from a department, will be the first to be laid off. The names of regular and probationary employees laid off shall be placed upon re- employment lists for one year for those classes requiring substantially the same basic (minimal) qualifications, duties and responsi- bilities of the class from which lay -off was made. SECTION 2705.4 Removal Any employee may be removed from the City Service for just and proper cause as outlined in Section 2706. SECTION 2705.5 Retirement The City Council is empowered to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California (PERS), as it now exists or may hereafter be amended,_ :.WAKing the appointed officials and employees of the City members of PERS. It is provided, however, that the Council may terminate this contract only upon authority granted by an ordinance adopted by a majority vote of the electors of the City voting on such a proposition at an election at which such proposal is presented. SECTION 2705.6 Medical An employee may be separated for medical reasons when a chronic or frequently recurring mental or physical condition renders said employee inefficient or incapable of performing the duties of this position. At the request of the appointing authority, the= Personnel Director may require an employee to submit to an examination by one or more medical examiners. If A A. 20 the results of the examination indicate that the employee is incapacitated for performance of required duties, the employee shall be placed on sick leave as a preliminary to restoration of adequate mental or physical fitness or disability retirement or disability separation. SECTION 2706. Disciplinary Action Each appointing authority shall have the right to discipline any employee subject to his /her jurisdiction for misconduct, incompetency, inefficiency, insubordination, failure to perform duties, falsifying an oath, failure to observe the personnel rules or the rules of the individual department or a related serious offense. Such discipline may include but not be limited to reprimand, demotion, removal, reduction in compensation, or suspension without pay for up to 30 calendar days in any fiscal year. The appointing authority shall consult with the Personnel Director before suspending, demoting, or removing a regular employee in the classified service. The City Administrative Officer shall approve each such action before it takes effect. The provisions of this chapter shall not apply to reductions in pay which are a part of a fiscal emergency calling for a reduction in salaries, wages, hours of work, or positions. SECTION 2706.1 Charges The department head shall give each regular employee in the classified service he /she intends to demote or remove written notification of the intended disciplinary action prior to the effective date. The supervisor shall also provide the employee with a copy. of all materials which the decision to discipline the employee is based upon, either in person or by certified mail. The employee shall be given the opportunity to respond within three business days after receipt thereof with any material or evidence which may serve to modify or remove the proposed discipline and may request an informal hearing with the department head during this period to discuss any 21 matters related to the proposed disciplinary action. If the department head feels the employee may endanger the health or welfare of fellow employees or City residents during this response period, he may, with the approval of the Personnel Director, place the employee on up to three business days leave of absence with pay to allow the employee to respond to the intended action. If, following this procedure. the employee is suspended, demoted or removed from the City service, he may follow the following appeals procedure. SECTION 2706.2 Appeals A. Right of Appeal: Disciplinary Action. Any regular employee in the classified service shall have the right to appeal to the Council from any disciplinary action taken by the appointing authority under the provisions of Section 2705.4. Such appeals shall be filed with the Personnel Director within thirty business days after the effective date of such disciplinary action. The appeal shall state specifically the facts upon which it is based. SECTION 2706.3 Hearings A. Conduct of Hearings. In connection with any hearing conducted by the Council, the Council shall hear evidence for and against the employee. Hearings shall be conducted informally in accordance with the procedures established by the Council and the technical rules of evidence shall not apply. The employee may appear in person and may be represented by a person of his choice including a representative of a recognized employees' association. The Council shall have the power to subpoena material witnesses and require the production by them of books, papers, and other materials pertinent to the investigation or hearing. B. Oaths Any member of the Council shall have the power to administer oaths 22 to witnesses. Any regular officer or employee of the City who shall fail to respect such subpoena or refuse to take the oath if called as a witness, or fail to testify truthfully under- oath in hearing, shall be discharged from employment with the City. C. Flies Witnesses may be paid such fees as may be designated by the Council. Employees called as witnesses or participating shall do so without loss of compensation. SECTION 2706.4 Decision of Council Final Within ten days after the conclusion of the hearing, the Council shall render a decision on the appeal. Such decision shall be final and conclusive. If the disciplinary action taken against the employee is reversed or modified by the Council, the employee shall be compensated for'-- time lost. SECTION 2707. Grievance Procedure A grievance is defined as an alleged violation, misinterpretation . or misapplication of the personnel rules and regulations or of any Memoranda of Understanding, excluding disciplinary matters, or other matters as fall within the scope of representation. Each grievance shall be handled in the following manner: I. The employee who is dissatisfied with the response of the immediate supervisoi,__Ishall discuss the grievance with the supervisor's immediate superior. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. 2. If still dissatisfied, the employee may immediately submit the grievance in writing to the department head for consideration, 23 stating the facts on which it was based, including the provision of the rules,'regulations, or agreement said to be violated, and the proposed remedy. The department head shall promptly consider the grievance and render a decision; or, if the grievance concerns a matter which cannot be handled by the department head, it is the responsibility of the department head to advise the employee with respect to further steps. If the employee accepts the department head's decision, the grievance shall be considered terminated. 3. If the employee is dissatisfied with the department head's decision, or the department head finds the matter to be outside the scope of his or her authority, the employee may immediately submit the grievance in writing to the Personnel Director. The Personnel Director shall confer with the employee and the department head and any other interested parties, and shall conduct such other investigations as may be advisable. 4. The results or findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing. The City Administrative Officer will meet with the employee if the employee so desires beforelrendering a decision with respect to the complaint. The City Administrative Officer's decision shall be in writing and shall be final unless the employee desires the City Council to review the decision. If such is the case, the employee will have three working days following receipt of the City Administrative Officer's decision to submit a written request to the City Council, through the City Clerk, for a review of the decision. An affirmative vote of at least three members of ` 24 said Council is required to overrule, change', or modify the decision of the City Administrative Officer. 5. No employee shall be subject to discipline solely for following the grievance procedure. SECTION 2708. Employee Responsibilities and Benefits City -employment provides employees with many responsibilities and benefits. They include the following: SECTION 2708.1 Code of Ethics An official or employee of the City shall not engage in conduct which would tend to discredit or dishonor his/her position with the City. Such elected or appointed o:`ficials and employees must avoid conflicts of private interests with public duties and responsibilities and shall not do indirectly what may not be done directly. Disciplinary action generally does not follow an occasional error in judgment which occurs in good faith and is unintentional,: However, misconduct, dishonesty, and fraud shall be the basis for severe disciplinary action, including removal for cause. Officials and emplovees occupying designated positions are required to file an annual statement of financial interests with the City Clerk as prescribed by the Conflict of Interest Code as adopted by the City of San Luis Obispo. Each new employee must be informed of the obligation to submit a statement of financial interests if he /she falls within the listed designated position categories. Any employee whose job performance is adversely affected by the taking of alcohol, drugs or other stimulants shall be subject to disciplinary action. 25 C � Each employee is required to be familiar with City standards and statutory provisions relating to ethical and other standards of conduct. Each employee is expected to secure the advice of his/her superior or the Personnel Director or other appropriate officials, when in doubt about the meaning or application of any conduct requirement applying to his /her particular situation. The political activities of City employees shall conform to pertinent provisions of State and Federal law. SECTION 2708.2 Outside Employment City employees filling line -item positions may engage, in part -time or occasional outside employment outside of their regular working hours if such employment is approved in advance by the City Administrative Officer or delegated representative, or in the case of City Council appointees, by the City Council. The City Administrative Officer may establish a minimum time period worked on such outside employment and a minimum number of hours of outside work per week before requiring advance written approval. Incompatible employment includes, but is not limited to: A. Work which tends to impair mental or physical capacity to perform City duties efficiently and effectively. B. -work which takes-the employee's time and attention during his /her official working hours. C. Activities which create a conflict of responsibility or duty between the employee's City work responsibility and the proposed outside employment. This includes work which would, by its nature, tend to reduce the ability of the employee to exercise completely independent and unfettered judgment with respect to effectively discharging City work responsibility. D. Employment in another City department for full -time City employees. Any employee who engages in employment outside regular working hours shall be subject to perform regular City duties first. 1- 26 SECTION 2708.3 Safety It is the policy of the City to maintain a safe and healthful work environment for its employees. The Personnel Director shall convene a safety committee of appropriate managerial, superviscrial, and other employees on a regular basis to evaluate occupational safety problems and discuss and institute appropriate remedies where unsafe working conditions are discovered. SECTION 2708.4 Employee Training It is the policy of the City to develop maximum efficiency in the performance of official duties by City employees by providing for a training program to assist them in fulfillment of their duties and responsibilities. The Personnel Director shall supervise and coordinate training programs for City personnel. The department head, with the approval of the Personnel Director, may authorize participation in approved training courses and attendance at meetings of professional organizations and other groups when such attendance will benefit the City. Employees attending such training sessions shall submit a written summary of the session to the Personnel Department. SECTION 2708.5 Sick Leave A. Definitions - Sick leave shall be defined as follows: 1. Absence from duty because of illness or off-the-job injury, or exposure to contagious diseases as evidenced by certification from an accepted medical authority; or 2. At each employee's option, absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister, or any other relative living in the M same household, provided such leave as defined in this section shall not exceed five working days for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. B. Rules governing sick leave: 1:. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of 12 days or the shift equivalent per year of continuous service since the benefit date. 2. Sick leave may be used after the completion of the month of service in which it was earned. 3. Sick leave shall begin with the first day of illness. 4. Department heads shall be responsible to the_City Administrative officer for the uses of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five consecutive working days by personnel in his /her department. Such proof may be required for periods of less than five consecutive working days where there exists an indication of abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify his/her immediate supervisor or department head as soon as possible but in any event during the first days of absence. Any employee who fails to comply with this provision without having a valid reason will be placed on leave of absence without pay during the unexcused absence and be subject to disciplinary action in accordance with procedures established by this chapter. C 28 7. Any employee absent for an extended illness or other physical disability may be required by the Personnel Director . _ - - to have an examination by the City's medical examiner at City expense prior to reinstatement to the City service. 8. An appointing authority, subject to approval of the Personnel Director, may require any employee to be medically examined where reasonable cause.exists to believe that an employee has a medical condition which impairs his /her job effectiveness or may endanger the health, safety, or welfare of the employee, other employees, or the public. Employees who are judged to be physically incapable of meeting normal- requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. 9.. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to.contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of Section 2708.9. 10. The right to benefits.under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the services of the City, or any right of claim to sickness disability benefits after separation from the service of the City. When an employee receives compensation under the Worker's Compensation Act of California, such compensation received shall be considered part of the salary 29 to be paid to the employee eligible for such payments as required by State Law. The amount paid by the City shall be the difference between the amount received by the employee from the City's compensation insurance coverage and the eligible employee's regular rate of pay. lla_ Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City for monetary gain or other compensation, or by reason of engaging in business or activity for monetary,-gain or other compensation other than business or activity connected with his/her City employment. 12. A public safety employee shall not receive sick leave payments while receiving Worker's Compensation payments. 13. Accumulation of sick leave days shall be unlimited. SECTION 2708.6 Worker's Compensation Employees are insured by the City, under the State Worker's Compensation Act, against injury occurring in the course of employment.. Department heads shall be required to obtain a report of any injury sustained by an employee on duty and shall forward such reports to the Personnel Director for review and to the City's compensation insurance administrator for adjustment and investigation. 30 SECTION 2708.7 Vacation Leave A. Each incumbent of a 40 hour a week line -item position shall accrue vacation leave with pay at the-rate of-.12 days per year of continuous.service since the benefit date for the .first five years, 15 days per year upon completion of five years, 18 days per year upon completion of ten years, and 20 days per year upon completion of twenty years. Employees scheduled for more than 40 hours a week shall receive thel quivalent number of vacation ,days pro -rated to the number of regularly scheduled work hours. B. An incumbent is not eligible to use accrued vacation leave until after the completion of the twelfth calendar month of service since the benefit date. C. A regular employee who leaves the City service shall receive payment for any unused vacation leave. Probationary employees with less than 12 months of continuous service shall not be ,eligible for such payment. D. Department heads shall be responsible for arranging a vacation schedule, first with the needs of the City as the determining factor, second, insofar as possible, with the wishes of the employee. SECTION 2708.8 Retirement All employees who are members of the Public Employees' Retirement System shall be retired at the age designated in the City's current agree- ment with the Retirement System. Upon application by the City or by a member employee, said employee may be separated for disability retirement upon determination.of the Board of Administration of the Public Employees' 31 -1 Retirement System. Benefits are paid in accordance with the Retirement System's current schedule of benefits. SECTION 2708.9 Leave of Absence without Pa A regular full -time employee may be granted a leave of absence without pay upon written application approved by his /her department head and the City Administrative Officer. Such leave may not exceed six months time. Such leave shall be granted only in those cases where an employee's record of service makes it desirable for the City to retain his/her services even at the cost of some inconvenience to the City or when an employee's application for disability retirement is pending and no other leave is available. An employee on such an approved leave shall not accrue seniority or other benefits during the leave period. Failure of an employee to report promptly at the expiration of the leave, or within a reasonable time after notice to return to duty, shall be cause for.dismissal. The mailing by U. S. mail of a First Class letter postage paid, addressed to the employee's last known address, shall be reasonable notice. SECTION 2708.10 Military Leave Any line -item employee shall receive normal salary and fringe; benefits during the first thirty days of any period of temporary military leave. Such compensation shall not exceed thirty calendar days in any one fiscal year. Any temporary military leave in excess of thirty days in one fiscal year shall be taken as vacation leave or leave of absence without pay. SECTION 2708.11 Jury Duty Any regular or probationary City employee, when duly called to serve on any_jury, and when.not• excused therefrom, or when subpoenaed to.appear as a witness at any trial, shall be compensated for the time required to be spent under the jurisdiction of the court by an amount equal to the difference between the pay he/she receives as,a juror and his/her regular daily rate received from the City. The difference between the time required to be spent on jury duty and the normal work day of the employee shall be spent performing said employee's regular job assignment unless the department head, upon approval of the Personnel Director, determines this not to be practical. SECTION 2709. Reports and Records The Personnel Department shall maintain a service record for each employee, showing the original date of employment, and the original job classification and pay rate, together with a record of subsequent changes in the status of the employee in the course of employment with the City. In addition, a personnel file shall be maintained for each employee in which is placed copies of forms and other .records affecting the personnel status of the employee as determined by the Personnel Director. Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported on a personnel action form to and approved by the Personnel Director before taking effect. The Personnel Director shall advise the Finance Director of each of these changes. Each department shall keep daily attendance records of all employees on time cards prepared by the Finance Director. Such other information as may be required to be maintained about City employees by Federal or State requirement shall be kept in the manner prescribed. At the time of separation from service, an employee's service record will be placed in the personnel file and,kept ori-ihact ve- status for at least five years. 32 33 Employment applications and examination materials shall be kept on file for two years from the date the eligible list was established. Public records, as defined in the Government,Code, are open to inspection during regular office hours under the supervision of the custodian of such records. Each City employee may inspect.his /her personnel file under the supervision of the Personnel Director. The City Administrative Officer shall justify withholding any record by demonstrating that the record in question is exempt under the'GSvernment Code or that on the facts of the particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. SECTION 2710. Departmental Rules Each department head shall have the right,to adopt such rules and regulations for his or her department provided they do not conflict with the City Charter, with these rules and regulations, or with any applicable State of Federal law or regulation. Such rules shall be reviewed by the Personnel Director prior to adoption.