HomeMy WebLinkAboutAgenda Report - October 6, 2010 J-03AGENDA ITEM W3
: r> '• CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Amending the City of Lodi's Rules for Personnel Administration
MEETING DATE: October 6, 2010
SUBMITTED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt resolution amending the City of Lodi's Rules for Personnel
Administration.
BACKGROUND INFORMATION: The City's Rules for Personnel Administration are intended to
establish an equitable and uniform procedure for dealing with
personnel matters and to place municipal employment on a
competitive merit basis such that the best qualified persons
available are brought into and retained in City service.
This past year, the City embarked on an update to these Personnel Rules to ensure they remain
compliant with applicable laws and regulations, provide staff with constructive guidelines to manage
personnel operations, and are reflective of current Human Resources practices and processes. The last
update for these rules was approved by the City Council on November 16, 1994.
The principal changes to these Rules include:
■ Article 4: Emplovee Compensation. Create new Article presenting the City's overtime policy and a
requirementfor employees to complete a timesheet;
■ Article 7: Recruitment. Restructure the City's recruitment process in relation to applying for a
position, disqualification of applicants, and rating categories following the interview/test.
■ Article 8: Eliaibility Lists. Modify duration of eligibility lists from two years to one year.
■ Article 9: Appointments. Detail employment background investigation process, including those
procedures to complete prior to a Conditional Job Offer, and those to complete after a Conditional
Job Offer.
■ Article 12: Disciolinary Procedures. Expand criteria to consider in determining type/level of
disciplinary action. Additionally, modify the decision by the Personnel Board of Review to be
advisory, rather than binding, to the City Manager. The City Manager's decision is final and
binding.
■ Article 14: Employee Reauirements. Create new Article detailing the following subsections:
Dress Code
Employee Performance Eval
Holiday Leave
Outside Employment
Voting Time Off
APPROVED:
Drivers License
Employee Separation
Jury Duty/Witness Subpoena
Public Relations/Media
Working Hours
Employee Assistance Program
Fingerprinting
Nepotism
Training
Customer Service
Interim City Manager
Except for the Customer Service subsection, Article 14 consists of current City policies that
should be included in the City's Personnel Rules (if Council approves the revised Personnel
Rules, these policies would be eliminated). Each of these subsections has been updated/modified
as part of the overall Personnel Rules revision, with these notable modifications:
o Under, "Drivers License," add requirement that employees notify the City if there is any
change in their Driver's License status, including issuance of a temporary drivers license.
o Under "Fingerprinting" state the City has the right to exclude individuals from employment
or as a volunteer who are convicted of a violation of the law that could have an adverse
impact on the City.
o Add section titled, "Customer Service," stating the manner in which staff is expected to
interact with the public.
Attached is a red -line version of the Personnel Rules.
In revising these Personnel Rules, the City met with each bargaining unit/association, in addition to
Management and Confidential -designated employees. The City made numerous modifications to these
Rules as a result of these meetings. Consequently, the City and all bargaining units/associations, along
with Management and Confidential -designated employees, have concurred with the revised Personnel
Rules as presented to Council in this communication.
FISCAL IMPACT: None.
FUNDING AVAILABLE: N/A.
Respectfully submitted,
VIV
Dean ualco, Hum n Resources Manager
Jordan Ayers, Deputy City Managgr/Internal Services Director
CITY OF LODI, CALIFORNIA
RULES FOR PERSONNEL ADMINISTRATION
AS SUBMITTED TO THE MAYORAND CITY COUNCIL
ON NOVEMBER 16,1994
Deleted: RULES FOR PERSONNEL
IIDMINSfRATION1
9
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lackA. Sieglock, Mayorl
Stephen7, Mann, Mayor Pro
Temporel
Ray G. Davenport, Council
Member¶
PhillipA. Pennino, Council
Memberl
John R. (Randy) Snider, Council
Member%
I
I
I
I
of the I
City of Lodil
1
7
9
7
1
1
7
CITY OF LODI. CALIFORNIA%
I
RULES FOR PERSONNEL ADMINISTRATION
TABLE OF CONTENTS
ARTICLES/SECTION
:'•
ARTICLE 11: DEFINITION OF TERMS
Sec. 2.01 Definitions
ARTICLE 111: GENERAL PROVISIONS
Sec. 3.01 Personnel Policy
Sec. 3.02 Equal Opportunity Employer
Sec. 3.03 Powersof the City Manager
Sec. 3.04 Department Rules and Regulations
Sec. 3.05 Application of Personnel Rules
Sec. 3.06 Adoption of Personnel Rules
Sec. 3.07 Amendment and Revision of Personnel Rules
Sec. 3.08 Conflict of Personnel Rules
Sec. 3.09 Rights of Management
Sec. 4.01 Qvertime
Sec. 4.02 TimPShPPtc
...
Sec. 5.01 Preparation.and Maintenanceof Classifications
Sec. 5.02 Adoption ofLIassifications
Sec. 5.03 ,Allocation cE Positions
Sec. 6.01 Ereparation of Salary Schedule
Sec. 6.02 Adoption of Salary Schedule
PAGE
1
Deleted: F41ESFOR¶
I
PERSONNNEL ADMINISTRATION$
Deleted: MERIT PRINCIPLE
Deleted: Merit System Established
Deleted: Sec. 3.10 Violation of
PersonnelRules¶
Deleted: CLASSIFICATION PLAbj
Deleted:
Deleted: Definition
Deleted: Preparahonand
Maintenance of Classification Plan
2 Deleted: Sec. 4.03 Adoption of
Classification Plan¶
Sec. 4.04 Allocation of Positions¶
Sec. 4.05 Flexibly Staffed Classes$
6 Sec. 4.06
Deleted: Class Specifications
Deleted: lob description¶
Sec. 4.07
Deleted: Class Specification
Deleted: lob Description
Qualifications¶
Sec. 4.08 Interpretation of
Deleted: Class Specifications
Deleted: lob description¶
Sec. 4.09 Official Use of Class Title¶
9 Sec. 4.10 Reclassification$
Sec, 4.11 motion Crmfi@icnrs^I
Sec. 4.12 Stab of Incumbentsin
Reclassified Positionsl
I` Sec. 4.13 Procedure Far
I' F3edass&ationcF Incumbents$
13 - .. Deleted: $
Deleted: SALARY SCHEDULE
Deleted: of Salary Schedule
Deleted: Salary Schedule
Deleted: Salaries
Deleted: $
Deleted: EXAMINATION
Deleted: MCRUITMENT
ANNOUNCEMENT
Deleted: $
14 Deleted: Examination
Deleted: Recruitment Announcement
- - Deleted: Dates may be Changed in
Deleted: Exarrin1hon
Deleted: RecruitmentAnnouncemend
I':' i;;•';;
t
Uelete0: 8ErLII8I TUN ANU
.
Deleted: Applicationsfor —L.-. ;1z1
-
Deleted: 9...1 j24]
Deleted: Citizenshipcf Applicants
Deleted: Sec. 9.11 Restorati nin
Deleted: I ncom pleteApplications
Deleted: 10 Method of Fillin 641
Deleted: Application
ARTICLE VII: RECRUITMENT 15
Sec. 7.01 Recruitment Announcement
Meted: 6
Sec. 7.02 Applications for Employment
Deleted: z
Sec. 7.03 CitizenshiD Of Appllcan
Deleted: Personnel Director
Sec. 7.04 pisgualification of Applicants
Deleted: Manager
Sec, 7.0,E Applicants with Felony or Misdemeanor Convictions
;'
Deleted: 8...Appliication as Par( .,,.. f41
Sec. 7.04 Access to Criminal Recordsby,i-luman Resources
Deleted: Examination
Sec. 7. ecruitment Process
P
_..._..__..-._.._....___._._._.__._.__�
eted: EXAMINATION
Sec. 7.08 Ratinss
7.09 Protest of ADDlication Reiection or Results of Recruitment Process
RDeleted:E
CRUITMENTSec.
Sec. 7.10 Recruitment Records
eted: c. 8.01 Responsib,^;:,-�gI'
Sec. 7.11 Postponement and Cancellation of Recruitment
eted° Examination
Sec. 7.12 Limited Recruitment
Deleted: Recruitments i i
Sec. 7.13 Fees for Recruitments
Deleted: Examination _
Deleted: Recruitments¶ Ljj
ARTICLE VIII: ELIGIBLE LISTS 17
`°'
Deleted: Examination
,Sec. &01 Establishment of Eligible Lists
�,Recruitments¶--f..
__.._87.'
_ _.._
Sec. $,,02 Duration of Eligible Lists
t.
p
Delet:
ed f
Sec. $.03 Substitution of Eligible Lists
', •
Deleted: Examination
Sec. A.0,4 Eligible Lists Resulting from Continuous Recruitment
Deleted: Recruitments¶ „_U
Sec. B4O,5, Reemployment Lists
Deleted: Examination
Sec.B.O,6_ Reinstatement
„i:p?-"•
Deleted_ Recruitments$ I_[10_.
Sec.,A.07 Availabilityof Eligibles
t Deleted: Examination
Sec. ,$48 Removal of Names from Eligible Lists
u.
Deleted: Recruitment Result$ j11
ARTICLE IX: APPOINTMENTS 21
Deleted: Examination
Sec. Q1 Appointments and Promotions
Deleted: Recruitments¶
Sec. 9.02 Reauestto Fill Vacancies,
;:,,:; ,Deleted:
Examination
Sec. $03 Selection of Employees,
Formatted .. 13
Sec. $04 Temoorary Appointments,
"
Deleted: Recruitments and 5 ; L41
Sec. $05 Temporary Promotion,
,..
a
Deleted: Examination
Sec. $06 EmDlovee Oath of Office,
�
Deleted: Recruitment Recor -
d LL
Sec. $07 Proof of Citizenship or Legal Residency,
ation
ARTICLE X. PROBATIONARY PERIOD 26
ments¶
UDeleted:
Sec. 10.01 Purposeof Probationary Period
ation
Sec. 1Q.02 Length of Probationary Period
ments¶ F.
Sec. 1103 ,Rejection During probationary Period _
Deleted: Examination
Deleted: Recruitments$
ARTICLE XL CHANGES IN EMPLOYMENTSTAUS 27i.
i '.
Deleted: 9
Sec. 11.01 Attainment of Status as aRegular/Full-time Employee
i
Deleted: 9...Abolishment off Iig1.
Sec, 11.02 Status of Employee Followins Promotion,
Sec. 103 Transfer of an Employee
Deleted` 9 ..6z1
Sec. 13,04 Demotion of an Emwee.
,•i,;;:,,�;1,;:,
Deleted: Examination
Sec. 13,05 Voluntary Return to Former Position after Promotion, Demotion, or Transfer
i k ;
Deleted: s
Deleted: 9..J
Deleted: 9...8
.
Deleted: 9...9- -
-
Deleted: 9...1 j24]
Deleted: Sec. 9.11 Restorati nin
Deleted: 10
Deleted: 10 Method of Fillin 641
ARTICLE XII: DISCIPLINARY PROCEEDINGS
29
Deleted: Sec. 12.06 Voluntary
Sec. 12.01 Policy for Disciplinary Proceedings
Retum to Former Position after
Sec. 12x02 Persons Who MavTake DISCIDIInaWAct6on,
¶romofiora Demotion orTransfe¶
Sec. 12x03 Considerations in.the Determination of Type of DisciDlinaw Action.
Deleted:t
Sec. 1204 TyDes of DisciDlinaw Action.
Sec. 12x05 Notice of DisciDlinaw Action,
Deletea:3
---- - - --- --- —
Sec. 1106 Process of Disciplinary Action,
Deletes: 3
-- --
Sec. 1107 ADDeal of Disciplinary Action,
Deleted: Causes for Disciplinary
r •, • `
Action
ARTICLE XIII: APPEAL TO THE RULES FOR PERSONNEL ADMINISTRATION
33 I';,' ,
,Deleted: 3
Sec. 13.01 Right of Appeal
Deleted: Persons Who May Take
Disciplinary Action
ARTICLE XIV: EMPLOYEE REQUIREMENTS
Deleted: 3
Sec. 14.01 Dress Code
' ;„
Deleted: Considerations in the
Sec. 14.02 Drivers License
Determination of Type of Disciplinary
[Action
Sec. 14.04 EmDlovee Assistance Program
"','•"
Deleted:3
Sec. 14.05 EmDlovee Performance Evaluation
Sec. 14.06 Employee Separation
Deleted: Types of DiscipliinaryAcfioi
Deleted:3
ss Subooena
dr, Deleted: Process of Disciplinary
nent (Moonliahtina) Action J
Media Deleted: Sec. 13.08 Appeal of
Disciplinary Actor¶
- General, Direct, Primary, or Presidential Deleted: y
ARTICLE 3
PURPOSE
SECITON 1.01 PURPOSEOFTHESEf�JlES
A. By adopting these Rules for Personnel Administration, the City Council hereby
establishes in accordance with the provisions of Ordinance No. 474, an equitable
and uniform procedure for dealing with personnel matters and to place municipal
employment on a competitive merit basis such that the best qualified persons
available are brought into and retained in city service.
IB
0
I Z.
Appointments and promotions in the classified service of the City shall be made
according to.fnerit and from eligible lists to be established in accordance with
these Rules.
in all respects of personnel administration without regard to oolitical affiliation.
race. religion. color, sex, aae. marital status, national oriain, physical or mental
disability, ancestry, veteran status, medical condition, sexual orientation or any
other basis prohibited by law, and with Droper reaard for their privacy and
constitutional riahts as citizens.
Employees shall be notified of proposed changes to these Rulessixty 6 days
prior to submittal to the City Council by written or electronic notice to each
department and posted on the City Hall Bulletin Board.
Violation of the provisionsof the Rules constitutes grounds for dismissal or other
disciplinary action deemed appropriate by the appointing authority.
t Deleted: -1 1
Deleted: MERIT PRINCIPLE
Deleted: MERIMSTEM 1
ESTABLISHED 11
Deleted: qualifications and
Formatted: Bullets and Numbering
Deleted: s
Deleted: C
Deleted: thirty
Deleted: 30
Formatted: Indent: Hanging: 0.5"
Deleted: D
ARTICLE IX
DEFINITION OFTERMS
SECTION 2.01 : The following terms used in these Rules shall have the
meaning hereinafter designated, unless from the context hereof it clearly appears that a
different meaning is intended.
Allocation. The official assignment of an individual position to its appropriate class on
the basis of the duties performed and the authority and responsibilitiesexercised.
ADolicant. A person who has submitted a complete application for employmentwith the
City in accordance with these Rules. The term does not apply to a person who has
indicated orally or in writing interest in employmentor has filed an interest card for
employment.
ADDointina Authority. The person or persons having lawful authority to appoint or
remove persons from positions in the City in accordance with Ordinance No. 474.
Aimointment. The offer of and acceptance of a position in the City service in
accordance with these Rules.
At -Will Service. The service of an employee which does not provide a legal right to
continued employment, and who therefore may be disciplined or discharged with or
without cause for any non-discriminatory reason and without the right of appeal.
A full-time positionAuthorized by the City Council,.
Certification. The submission byhuman Resources Df names of eligibles from an
appropriate eligible list to an appointing authority in accordance with these Rules.
Com, The City of Lodi, California.
Class or Classification. Position or ,group of positions,iw th duties, authorities and
responsibilities of which are sufficiently similar so that the same descriptive title,
examples of duties, recruiting standards, and compensation can be applied.
Classification Plan. The current schedule of classes established by the City Council, class
specifications, assigned salaries, and the procedures for maintaining the plan.
Classified Service. Al I employees except for the following: elected officials, officers
appointed by the City Council, Department Directors, members of appointed boards,
commissions and committees, persons engaged under contract to render professional,
scientific, technical or expert services; and part-time, seasonal or temporary employees.
Deleted: 1.1 1
Deleted: a
Deleted: n
Deleted: written
Formatted: Font: (Default) Tahoma
- Deleted: by a person
Deleted: approved and allocated
which is
Deleted: and for which funds are
appropriated
Formatted: Underline
Formatted: Underline
Formatted: No underline
Deleted: the
Deleted: Personnel Director
Deleted:
Deleted:IC ass
Deleted: A
Deleted:I
Deleted: Classification. The process
by which a class is established and by
which its level in the schedule of the
classes is determined.
Deleted: Head
(Deleted: s
Deleted: Directors
rontinuousRecruitment. A recruitment conducted for an unlimited amount of time
Deleted: Compensatory Time Off
subject to close when a sufficient number of applications have been received or when a
The leavetime granted with
position has been filled.
salary in lieu of payment for approved
overtime hoursworkedA
Day. A calendar day unless otherwise designated.
Demotion. The movement of an employee from one class to another class having a
lower salary range.
Eliaible. A person whose name is on a current employment, reemploymentor
reinstatement list.
Eliaible List. A list of eligibles established by competitiverecruitment who may be
f Deleted: examination
considered for employmentwith the City under specific conditions set forth in these
Rules.
Em to ee. A person occupying, a classified or unclassified position in City Service.
Deleted: an exempt 1�
Deleted:,
xem t Emplovee. Employees who are not entitled to overtime compensation under the
Formatted: Underline
Fair Labor StandardsAct (FLSA) becauseof their status as Executive Administrative or
Professional em to ees as those terms are defined by the FLSA and related reaulations.
Flexibly Staffed. The procedureby which an employee may be promoted to the next
Deleted: of J
level of staffing within a job series without a competitivexecruitmentnrocess.
Deleted: examination
Deleted:
full-tomeRe ular Full-time employee
Deleted: recruitment
Job Description. A written statement of the general duties of a classification and the
Formatted: Underline
minimum qualifications required to perform them.
Deleted: ClassificationSoecifm lon
Layoff. The involuntary separation of one or morexeaular/full-time employeesfrom the
l Deleted: regular
workforce occasioned by the abolishment of a position or positions or the reduction in
number of employees in a given class. Lavoffscan arise from includina, but not limited
to, a reoraanization. reassignment. service level adiustment. lack of work. or lack of
fr rnric
[Formatted: Underline 1
Formatted: Font: (Default) Tahoma,
11 pt
Formatted: Font: 11 pt
Formatted: No underline
Formatted: No underline
Formatted: Underline
Open Recruitment. A competitiverecruitmentfor a particular class in which all those
applicants who meet the qualifications for the class may participate, whether or not they
are employed by the City.
Oral Reorimand (Oral Waminq). A verbal statement to an employee, usually by the
supervisor, pointing out an unsatisfactory element of job performance. An oral
reprimand (oral warning) is intended to be corrective or cautionary.
The official personnel file maintained in,f Inman Resources by gaper or
Position. A combination of kb duties_ and responsibilities assigned to a single class and
normally performed by4n employee.
An employee who has been appointed from an eligible list to a
but has not completed the probationary period.
Probationary Period. An extension of the recruitmentorocess to include a specified -work
test period during which an employee serves at will and may be terminated for any non -
Probationary Release. The separation of an employee from City service during the
probationary period with or without cause. An employee released durina the
I Promotion. The movement of an employee from one class to another class with a
higher maximum salary range.
Promotional Recruitment. A competitiverecruitment for a particular class which may be
taken only by regular/full-time and probationary employees of the City who meet the
requirements set forth in ther ruitment jobannouncement.
Deleted: E& mbafon
Deleted: examination
Formatted: Underline
Formatted: Font: (Default) Tahoma,
11 pt
Deleted:'
Formatted: W underline
{ Formatted: W underline
Deleted: the Human Resources
Department
Deleted: .
Formatted: Justified
Deleted: current
Deleted: one
Deleted: regular
Deleted: A
Deleted: fxaminaton
Deleted: examination
Deleted:
Deleted: recruitment
f Deleted: reoular
f Deleted: examination
f Deleted:
Provisional Aopointment. The temporary appointment of an individual, who possesses
the appropriate minimum qualifications, to areaular/full-time authorized and budaeted
position pending the establishmentof an eligible list.
Reclassification. The change in the assignment of a position from one existing class to a
new class or another existing class. The.,reclassif soon shall be effective upon approval
by the City Council.
2ecruitmentT ss The recruitment.technique used to measure theknowledae, skills and
abMities of applicants.
an eligible list. The final score or ranking may be ,computed from a
A set of base salary rates assigned to specific classes of positions.
Deleted: regular
Deleted: allocated
(Deleted: R J
Deleted: prospectively, and only
Deleted: Examination
Deleted: (Test of rzaml
Deleted: selection ds�
Deleted: Final
Deleted: scores
Deleted: exam
Formatted: No underline
Deleted: .
Deleted:
Deleted: regular
Formatted: Justified
Deleted: those laid off last
Formatted: No underline
Deleted: , —
Deteted: class
Formatted: Justified
Deleted:
Deleted: A full-time regular
employee is one hired into a full-time
regular position.
Deleted:
Deleted: amount of
Deleted: individual
Deleted: cash
Deleted: compensation J
Deleted: s
Deleted: Management
Deleted: Plan I
Formatted: Underline
Formatted: Font: (Default) Tahoma,
Formatted: No underline
Supervisory File. A written or electronicfile maintainedbv the department to be used
Deleted: Salary Rance. A series of
the performanceap raisal,
salary steps to which a class may be
_generate
assigned.$
1
Temporary Employee. A person hired for a limited period of time,
Deleted: The supervisory
Termination. The involuntary separation of an employee from City service,
Deleted: in written or electronic form
Deleted: f
Transfer. The movement of an employee from one position to another position in the
Deleted: r
same class or in a comparable class.
; Deleted: under the direction of the
Director for one year.
.Unclassified Emolovee. Officers of the Citv Council, Deoartment Directors, and part-time
Formatted: Justified
seasonal or temporary employees.
Deleted: An employee
Vacancv. A position in City service which is not occupied.
Deleted: H
` Deleted: h
.Written Reorimand. A cautionary or corrective written notice to an employee with a
Deleted: who may work part or full -
copy to his/her personnel file informing the employee of an action on his/her part which
time.$
is the cause for disciplinary action.
9
Deleted: for cause
tM. The action of 'freezing" the salary of an employee when such salary exceeds
Formatted: Underline
�@ Mximum rate authorized in the Salary Schedule for the class of said employee.
Deleted:I
[Deleted: salary plan
ARTICLE=
GENERAL PROVISIONS
SECTION 3.01 PERSONNEL POLICY. I n accepting employment with the City each -
employee agrees to be governed by and to comply with ordinances, these Rules, the
administrative policy and procedure manual, the rules, regulations and directives of the
department in which employed, and the memorandum of understandinq in effect
between the City and the appropriate employee organization. Violation of the provisions
of these Rules shall be arounds for disclOinary action UD to and including dismissal.
SECTION 3.02 EQUAL OPPORTUNITY EMPLOYER The City of Lodi is an eaual�
opportunity employer and is committed to a policy of fair employment Dractices
regardless of racecolor, ancest national odain religion sex or sexual orientation,
marital status aae mental or physical disability or perceived disabilily. medical
condition pregnancy, political affiliation or belief, or other unlawful discrimination
AMERICANS WITH DISABILITY ACT - I n compliance with the Americans with Disabilities •
Act and Section 504 of the Rehabilitation Act the City of Lodi provides reasonable
accommodation for aualified individualswith disabilities.
SECTION 3.03 POWERS Q' THE CITY MANAGER
A. Except for the Library Services Director, which is governed by the Library Board -
under the Education Code, Sections 18900-18955, the City Manager is the chief
administrative officer and the head of the administrative branch of the City
Government. Whenever the term "City Manager" is used in these Rules, it shall
include the City Manager or any person designated by him/her to carry out any
function required by these Rules. ,V\4w any officer or employee other than the
City Manager is assigned a duty or responsibility under these Rules, such
assignment is subject to the direction and control of the City Manager, and the
City Manager shall have the right to perform such duty or responsibility or to
assign it to any other officer or employee.
B. subject to Ordinance No. 474, and the Rules for Personnel Administration, the,:'.',,'
City Manager has the power and authority to: r
1. Establish, when not in conflict with these Rules, such other policies,._
procedures, rules and regulations necessary for the control and
supervision of the affairs of the City;,
2. Hire. transfer, promote, demote, reemploy, reinstate, discipline,;
reduce in salary, suspend, or dismiss City employees and Department
Directors, except for those officers appointed by the City Councilor the
Library Board of Trustees.
C. The City Manager shall interpret, apply, administer and enforce the provisions of
these Rules, any ordinances or resolutions relating to personnel matters, the
employer-employee relations resolution, the memoranda ,Qf understanding, and
Deleted: Ill
pd
Biwa
---- ---
Formatted: Justified, Indent: Left
.0", First line: 0", Tabs: Not at 0.5'
Deleted: The City is committed to
the goal of equal employment
opportunitiesand to that end(; f35]_.
Deleted: I
Formatted 36
Formatted
Formatted: Justified
Deleted: ¶ ... 38_..
Formatted 39
Formatted: Bullets and Numbering
Deleted: Departm�t
Deleted: with reference to `qp
Formatted: Justified
Deleted: B. .
Formatted
Formatted: Bullets and Numbering
Formatted 42 .
Formatted: Justified
Formatted: Bullets and Numbering
Deleted: I
Formatted
Formatted: Bullets and Numbering
Deleted: I (;— -q4
Deleted: Head
r
eted: s
eted: Directors
eted: ,officers and emplq 4eW: Head
Formatted: J Ified�
Formatted
Deleted: um
Deleted: or
any other pertinent regulations, directives and policies which relate to the City's
personnel system.
SECTION 3.04 DEPARTMENT RULES AND REGULATIONS. ,Department Directors may
develop, implement as necessary any departmental policies, procedures, rules and
regulations pertaining to unique operational requirements and their effect upon
departmental personnel as are needed for the full performance of duties and
responsibilities and which are not contrary to these Rules, the employer-employee
SECTION 3.05 APPLICATION OF PERSONNEL FUEBL, These Rules shall apply to all City
employees and positions in the classified service except for the following:
A. Elected officials;
B. Members of appointed boards, commissions and committees;
C. Persons engaged under contract to render professional, scientific, technical or
expert services for a definite period of time;
Volunteer personnel who receive no regular compensation from the City;
E. Where a particular rule or article expressly states it does not apply to certain.
employees and/or positions, or applies to certain employees and/or positions.
SECTION 3.06 ADOPTION OF PERSONNEL RULES. The personnel rules shall be'
established by resolution adopted by the City Council.
SECTION 3.07 AMENDMENT AND REVISION OF PERSONNEL RULES. Proposed
amendments to/or revisions of the Personnel Rules shall be submitted to the City
Council in writing by the Human Resources Manaaer after approval of the City Manager.
Formatted: ]ustifled
Deleted%
Deleted: Department
Deleted: Head
Deleted: s
Deleted: Directors a
Deleted: e 3
Deleted: um
Deleted s 1
Deleted: .
Fol rmatted: No underline
Formatted: Bullets and Numbering
Formatted: ]ustifled, Indent: Left:
W, Hanging: 0.5"
Formatted: Bullets and Numbering
Formatted: Justified
Deleted: Personnel Director 1
SECTION 3.08 CONFLICT OF PERSONNEL RULES, jn the event that one or more [Formatted: No underline J
provisions of these Rules contradict provisions included in the applicable memorandum (Deleted:
of understanding�he terms of the memorandum of understanding shall prevail. If there Deleted: as received by the Council
is a conflict between these Rules and a state or federal law, that law prevails. If there is and curreritlyi n effedt between the
a conflict between these Rules and an administrative regulation, these Rules prevail. Gcogniz ai employee
the rom ans
recognized employee organizations,
SECTION 3.09 RIGHTS OF MANAGEMENT, The adoption of these Rules shall not be
deemed a waiver or surrender of any management prerogative in relation to the
organization or the necessity of any department or position.
Formatted: No underline
Deleted: 1
Deleted: SECTION 3.10 V101 ATION
Foch
employee is responsible to comply
with these Rules and any
amendments hereto. Violation of the
provisionsof these Rules shall be
grouncisfor disciplinary action, up to
and including dism6ssal. I
Deleted:,
Deleted: for each workweek. The
timesheet, which is
Deleted: I
ARTICLE V
CLASSIFICATIONS
SECTION x,01 PREPARATION & MAINTENANCE OF CLASSIFICATIONS
A. The,J-luman Resources Manaaer shall have the responsibility to recommend the,,
establishment of new classes, or the combination, alteration or abolishment of
existing classes to insure the efficient and equitable operation of the
classification plan.
B. TheJiuman Resources Manager 'shall ascertain and record the duties and level of
responsibilities of all positions in the City and develop/maintain a classification\\ ,,,
plan for such positions.
C. The classification plan may contain classes to which there are no current
allocations of positions in order to provide for future organizational growth or
changes in organizational structure.
(Deleted: PLAN
(Deleted:4...DEFINMQN, The
classification plan is the systematic
orgxuzation of classes. A class is
composed of one or more positions
which are substantially similar with
respect to duties, responsibilities,
authorities and character of work
such that the same title, definition,
minimum qualifications and
compensation schedules are applied
equitably under similar working
conditions for all positions in the
class.'
1 _
SEMON 4.02,,, PLAN ('qg
Formatted: No underline
Deleted: Personnel Director
\l Formatted: Justified
(Deleted: Pasonmel Deedor.
SECI-ION JO -Z ADOPTION OF CLASSIFICATIONS The City Council may create new* (Delated:
4.,.3...
classes and revise, or abolish existing classes of positions in the City service. I
Famunded; Nbundedine
Deleted: I---'—
SECTION 5,03,ALLOCATION OF POSITIONS, Jhe allocation of a position to a class shall.
.
be authorized by the City Council as recommended by the Jiuman Resources Manager ��, .
Deleted: The classification pk" ;
----
after study of the duties and responsbilities of the positions„ 2ositions shall be included.';"%;\• "
Formatted
in the same class if: ;\ ,
Formatted: Justified
`
A. The positions are sufficiently similar in respect to duties, authority and.;
Formatted i" :-.-
responsibilitiesthat the same descriptive title may be used; and
Delated`9,,4
Delated: I
B. Substantially the same education, experience, knowledge and ability are
Formatted: Nounderllne
demanded of incumbents; and
Deleted: Personnel Director
Deleted: in conjunction with(",
C. Substantially the same ,capacities and fitness tests may be used in choosing
For„,atted: Justified
qualified appointees. Deleted: requirements�---
SECI-ION j0j FLEXIBLY STAFFED CLASSES ,The J-luman Resources Manaaer may
Deleted: test; of
recommend the arrangement of various classes of positions into flexibly staffed series ` ...Formatted`
Justified
when, in the judgment of the Jiuman Resources Manaaer and the appropriate
Deleted:4 S I...
e artment Director, the classes are similar or closely related enough in requirements,
Deleted:
duties and responsibilities, V
Formatted: No underline
Deleted:
SECTION 15, 054 JOB DESCRIPTION/JOB DESCRIPTIONS. TheJ-luman Resources Manaaer ,Deleted: Personnel Director
shall prepare and maintain a written specification for each class in the City service. Each `•, �'. --
job descrintlon shall set forth at a minimum the title of the class, a definition of the Deleted' judgement
class, examples of the typical duties performed by positions within that class, and a \ Deleted: Personnel 5
statementofqualificationsnecessarytoperformthedutiesofthat class.
Deleted: to �:--�
[Deleted: 4 6 CLA55 .._[611
A. Qualifications shall be revised as the need arises. Deleted: SECTION 4.07 S,LA,y' ..._fiz.
Deleted%
Deleted: t
B. Personal qualifications commonly required of all incumbents of positions, such as
acceptable physical condition, honesty, sobriety, amenability to supervision, and
willingness to work cooperatively with others, the ability to comprehend and
communicate in the English language, to follow written and oral instructions,
shall be implied as qualifications required for every class even though such traits
may not be mentioned specifically in the job description.
C. Where a position requires an employee to drive either a City -owned or privately -
owned vehicle on official City business, such employee must possess and
maintain the appropriate valid California operator's license. When drivina a
privately -owned vehicle the vehicle must be insured according to state law.
D. Where a position requires an employee to have a certificate, license, permit or I'
registration, such employee must possess and maintain a current certificate, h"
license, permit or registration on file with Human Resources.
A,
SECTION.Of, INTERPRETATIONOFJOB DESCRIPTION, Thejob descriptionsare
aeneral'n nature and discuss the duties, xasks, responsibilities, and qualifications
reauired within each classification.
SECTION 107 OFFICIAL USE OF CLASS TITLE. A position shall be identified by class
title in all official personnel and budget records and transactions.
SECTION 12a RECLASSIFICATION. Whenever a material change in duties or
responsibilitiesof any existing position in the City service occurs theJ-luman Resources
Manage upon a requestof theDepartment Director,1he City Manager, or an emplovee.
may review the duties of the affected position..
SECTION5,2% STATUS OF INCUMBENTS IN RECLASSIFIED POSTIONS.- Whenever
reclassification occurs, the incumbent -may be retained in the position after it has been
reclassified without further competitive recruitment when:
A. The reclassification resultsfrom an official recognition of a change in duties and
responsibilitieswhich has already occurred for a significant period of time,
normally one year, and
& The incumbent possessesthe knowledge, skills, abilities and experience required
of the different class.
SECTION IQ PROCEDURE FOR RECLASSIFICATIONOF INCUMBENTS.
A Aq Human RacroirrasManaaarfora
written request is forwarded to t e,�__
classification study to be conducted on a position. Such request shall include
supporting evidence/information justifying the study. The.Human Renames
Manager shall determine if the classification study is warranted.,
8 -The Human RPcrn rrreo ManaaPr shall determine whether the reclassification of a •
position constitutes a downward, lateral or upward movement of the position
Deleted: class specifications
Deleted: and insurance
Formatted: Font Bold
Deleted: 4...8...CIASS
Formatted: No underline
Deleted: class
specifications.descripdve and
Deleted: specific ..They are
intended to indicate the kinds of
duties and responsibilitiesallocatedto
the vadous classes, they -----
Deleted: and
Deleted: should not be construed as
limiting the assignment of duties and
responsibilities to any posltlon,
Deleted: The use of a particular
expression or an illustrationas to
duties should not be interpretedto
excludeothers not mentioned that
are of similar kind o: level of
responsibility. The specification for
each class should be considered in its
entirety and in relation to other
classes in the classification plan.
Consideration should be given to the
general duties, specifictasks,
responsibilities, qualifications required
and relation to other positions.¶
Formatted: No underline
Deleted: 4...10 i ,.,-0771
Formatted: No underline
Deleted:
Deleted: Personnel Director
Deleted: on his/her own initiatives
Deleted: Department Head..(
Deleted: 4...12 I ... [691
Formatted: No underline
Deleted: an employeeoccupl 7Jjp'
Deleted: examination
Deleted: B. The changed d( 711
Deleted: 4 .13 I
Deleted: The Department Head
Formatted: Bullets and Numberina
Deleted: maysubmita...Per�
FormattedI .. [741
Formatted: Bulletsand Numbering
Deleted: Personnel Department
relative to its current allocation. The following actions prevail with regard to
each of the following kinds of changes:
1. Downward. The incumbent may accept a demotion to the reallocated position
or be reassigned to a vacant position in the same class and retainregular/full-
Deleted: regular J
time status.
2. Lateral. The incumbentwill remain unchanged in the class to which the
position is reallocated.
3. Upward. Upward reclassifications are discussed in Section 5.09 Upward
Deleted: follow Personnel Rule 4.09
reclassifications reauireCity Council approval,
Deleted:.
Deleted: The employee will retain
The Human Resources Manaaer shall recommendto the City Manaaer
regular status in the new class when
appropriate action to betaken regarding the incumbent whose Dosition is being
termines
the Personnel thereDepaas been
that either (a) there has been no
reclassified
essential change in the duties or
responsibildiesof the positionduring
An employee ma a appeal a reclassification ccordin to the following procedure:
Y Pp p g 9 P
•
the individual's incumbemy, or (b)
there has been a gradual change in
the duties and the incumbent has
1. The appeal shall be submitted inwriting,to the uman Resources
within fifteen (15)J)usiness days of the date of notificationof
action.
performed the higher level tasks fora
signifManaaer,
oneye r. if iodoftime, normally
one year. I f none of the above
situations ebst, the employee may
compete for the reallocated position.
Formatted: Indent: Hanging: 0.5" I
2. The.Human Resources Manaaershall respond in writing within fifteen
(15) ,)usiness da vs of the date of receipt of the appeal.
Formatted: Indent: Left: 0",
3. If the appeal is not settled in step Z prior to council action the employee
may submit ri appeal,to the City Managerwithin fifteen (15)
;; ,,
Hanging: 0.5", W bullets or
numbering
Deleted: action
Deli: using the appropriate form
aveilalale from the Rsmomnel
Department,
business days of the date of the response by the,Human Resources
Manager. ";„ '
4 -The City Manager shall respond in writing within fi n(15) siness
days of the date of receipt of the appeal. The decision of the City
Manager shall be final and binding, except as to uaward reclassifications
which reauire City Council approval.
`
.r, , ; .,
^• ,,�
Deleted: Personnel Director
Deleted: work days
Deleted: Personnel Director
Deleted: work days
Formatted: Indent: Left: 0.5
Hanging: 0.5"
c :
Formatted: Bullets and Numbering
Deleted: n
Deleted: in writing
"
Deleted: work days
Deleted: Personnel Director
'j
( Formatted: Indent: Left: 0.5",
(Hanging: 0.5"
Formatted: Bullets and Numbering
Deleted: days
Deleted: .
ARTICLE V I
SALARY SCHEDULE
SECTION 6.01 PREPARATION OF SALARY SCI -i DLLF. Human Resources shall prepare.,
a salary schedule for all classes in the classified and unclassified City service. The
development and implementation of the salary schedule shall include, but not be limited
to, the following considerations:
A. Enabling the recruitmentof qualified employees;
employee retention;
Recoanizina salary trends in other clovemmental adencies and private industr
(Deleted:
Formatted: Bullets and Nut --L51
Formatted —. 761
Deleted: ¶ t „�77j I
Formatted (-
Deleted: The ON Manager
Deleted- The salaryschedula�__---�
Deleted: a schedule of salary1gp�_
Deleted:.
Deleted: showing monthly q... gi_
Deleted: I
Formatted
Deleted: 1.
Formatted j ... LCL
Formatted f as
Formatted I -«i
D. Observing the principle of equal salary for equal work;
Formattea
L. is I
Formatted
L1
E. Recognizing differences in minimum requirements and responsibilities relative to,
Deleted: Recognizing salary i-, lgik
the classification plan;
Formatted
I L.: N
Formatted
f911
F. Providing incentivesfor employeework performance and job development;
Formatted
::i92I°
G. Supporting the internal equity and alignment of the classification plan. ■
Formatted
I ;, f93j
■
Formatted
SECTION 6.02 ADOPTION OF SALARY SCI-EDLAE Salary ranae increasesincludii ng
Formatted ®..9s1
changes negotiated through Memoranda of Understand») will be emended by
Formatted
resolution adopted b the Ci Council, ach class in the classified and the unclassified .."
P Y City . . �``1
Formatted
. 971
services shall be assigned to the Salary Schedule,
Formatted
'; ;" gg''
Deleted:.
SECTION 6.03 SALARIES. All salary rates prescribed shall be fixed on the full-time
Formatted
--
service in full-time positions, unlessotherwise designated.
99
Deleted:,T
(... 100
A An emplovee shall be appointed at the minimum rate for the class, except whew. ;,,
Deleted: The salary schedul ; 101 -
the Department Director believes it is necessary to make an appointment or •
Deleted: 11
I ,._ ioZ
reinstatement to Step B of the Salary Schedule. Authorization for appointment
Deleted: a salary range an
"";.. 103
above Step B of the Salary Schedule must be obtained from the City Manaaer. I n
Formatted
; ;-1oa
reviewing such requests, consideration will be aiven to exceptional) high , ,, ,
Deleted: <#>Exempt
qualifications of the candidate, the candidate's salary history and outstanding
'MFormatted
: ;-i0s
experience, the availability of aualified applicants and the resultina salary \
I
relationships with similar positions.
Formatted:llets and Nu(.- pgl
B. Upon promotion, the employee shall be assigned within his or her new Dosition'
I"- [lug
at a level which represents at least a 5% increase or the maximum ranae. ;,.
ally
whichever is lower. No such increase may exceed the maximum pay desianated ",';
" --
for the Dosition to which the employee is Dromoted. An emplovee so promoted
Formatted
shall be assianed a new anniversary date (with respect to evaluations and step
increases).corresponding to his or her appointment to the new Dosition. \
Deleted: C
Formatted
_
;;. 112
Deleted: P
Formatted
.. [1131
step that is below their current rate of pay. In the event of a disciplinary
demotion, thev shall be assigned to the step as determined throuah the
disciplinary orocess. An employee so demoted shall be assiqned a new
anniversary date with resoect to evaluations and sten increases„ cnrresQQOWW
to his or her appointment to the new Dosition.
Deleted: step in the S
Formatted: Font: (Default) Tahoma,
11 pt
Deleted: Demotion of an Employee.
Formatted: Font: (Default) Tahoma
11 pt
Deleted: Schedule
Deleted: nearest to the employee's
rate of pay
Formatted: Font: (Default) Tahoma,
11 pt
Formatted: Font: (Default) Tahoma,
11 pt
Formatted: Font: (Default) Tahoma,
11 pt
Formatted: Indent: Left: 0",
Hanging: 0.5'
Deleted: Y
i ue:etea: tnAMINA uUN
(Deleted: ANNOUNCEMENT51
„ Llaleted:b
Deleted: EXAMINATION
Formatted
ARTICLE VII
,RECRUITMENT, l Deleted:;
Formatted: Bullets and Nu:`J jji
SECTION 7 01 RECRUITMENT ANNOUNCEMENT, Deleted: C. ...personnel
Deleted: the
A. All appropriate requisition forms must be received by J-luman Resources jorior to,,,.,',.Deleted: Personnel Department
announcement of a recruitment. Human Resources shall prepare an, Deleted: Department
announcementsof any proposed recruitment and place it in public view in such ', l. Formatted
places and by such means as to attractgualifed applicants,:
n#,, Deleted:examination
B. The recruitment announcement shall contain pertinent information about the. 111„ Deleted:
position, which may include the ,title, a _statement that the City is an ,equal 1 r11'; , Deleted: The
opportunity employer, and ,lob responsibilities, Aualifications, and the general `\I\ Deleted: Personnel Department
selection process to be used' \ \ Deleted: Department
Deleted: official bulletin „- 11S
CDates specified in any recruitment announcement may be extended, postponed.. , \1
Deleted: examination
or canceled by the J-luman Resources Manager if such action is necessary or
expedient to the needs of the City.
Deleted:. The bulletin sha' ; ;-120 ,
1„
Deleted, I i ., 121j_
..;.111 •)
SECTION 7.02 APPLICATIONS FOR EMPLOYMENT, 11,1'
Deleted: examination
......'
Deleted:class afflrmati(L�j
City pp • 111 1,
A. Applications for employment with the Ci shall be made on official a lication ,11
pp
Formatted I— �� .
forms ior the official application process (via the online recruitment system) 1',1`1,1
- � �"' Formatted
available frorgjjuman Resou[0,$ separate application must be submittedfor, \II; ,
Deleted: SECTION 6.02p9j ;,;' 125
each position for which an applicant applies.
1111
Deleted: EXAMINATION
The application shall contain the original signature of the applicant in the Deleted: RECRUITMENT
space.', ,; ;1;11
proon the or the electronic signature via the online recrultmen� 11', ' Deleted: examination
plication,
system, and be received inhuman Resources on or before the announced final ,
Deleted: Personnel Director
filing dace and time
g I
Formatted 127
Deleted: ARTICLE VII¶
ma licenseor•
C Applicants may be required to furnish certified copies of any diplo1°\;;,,
e , n
Deleted: ;
anv other accreditation or certification reauired to meet the aualifications il' °
the the to
Deletes: the _
esta is a or recruitment w is applicant claims old
"
Deleted: Personnel Department
1
a During the course of the employment process. Information presented on
Deleted: Department
_an --1'
application may be verified and supplemented by investiaations which may, 1•,,, `
Deleted:I-i29
include, but not be limited to, the employment record, character and Dersoaa_I ,. 11i"
Deleted:
history of the applicant. Incomplete or inaccurate applicationsare rejected Cnd. ' 1,':'O'W ��; . •••, signed... � 130
fit. ,
the applicant is not eliaible for consideration for that p sing tl_on.
..
Format: Bullets and Nu- .. Wi -.
E. Al I application materials shall become the Drooerty of the Citv and are considered 1,
Deleted: C....¶ 132
part of the recruitmentDrocess.
the
°�� ft
Deleted: Department
SECTION 7.03 CITIZENSHIP CIF APPLICANTS. Employment is open to qualified persons 1';;,; Deleted:Departrnent
who are citizens of Pp United States and to qualified personswho are not citizens of the , "` Formatted r
United States but who have complied with state and federal laws defining the eligibility'
p 9 „Formatted: Bullets and Nu
of non -citizens for employment in state and local government. Del; r
" Deleted:I
:' Deleted:
�eted: and/or completion
Formatted I
,SECTION 7.04 DISQUALIFICATION OF APPLICANTS. The,Human Resources Manager
may disqualify any applicant from consideration, either before or after a recruitment. for
a numberof reasonsto include. but not be limited to the following
A. The applicant is lacking in any of the qualifications or requirements established
for the recruitment, or set forth in the Job Description for the class for which
he/she isapDlying, or in these Rules.
B The aDDlicant fails to follow written or oral direction is disru tive durina the
recruitment Drocess, fails to appear Dromotly at the time and Dlace designated
for any portion of a recruitment, or fails to reply within a reasonable time to
communications concerning availability for employment.
C. The aDDlicant has made false statement(s) of material factfs), or Dracticed or
attempted to Dractice deception or fraud in his/her recruitment, or in securing
eligibility for appointment.
D. The aDDlicant used or attempted to use personal political influence or oressure,
or bribery, to secure an advantaae in a recruitmentor amointment.
E. The aDDlicant did not successfully pass all aspects of the recruitment Drocess,
which may include but not be limited to, a criminal history, credit verification,
and a drug and alcohol test or physical examination.
E. The applicant is unable to perform the essential functions of the position with
reasonable accommodations.
SECTION 7.05, APPLICANTS WITH FELONY CR MISDEMEANOR CON\ACTIONS.
Convictions including pleas of guilty and nolo contendere of a felony or of an
misdemeanor on the part of the applicant or eligible will be reviewed individually by th
m n Resources Manage as to determine the standing or removal of the name of a
eligible from any employment list. Applicants with convictions listed by State law shal
be Oneloamble for positions su erviso disciplinary res onsibilities
SECRON 7.0 ACCESS TO CRIMINAL RECORDS BY HUMAN RESOURCES. I n order t
further the objectives set forth it these Rules and as authorized by the California Pena
Code Section 11105b(10) and 13300(b)(10), Jjuman Resources is hereby authorized t
have access to and utilize criminal history record information on file with the State o
ueietea: get,iWN ua 1 ...
(1371
Deleted: <#>reauitment c( ; 'j0f
". Formatted
Deleted: <#>examination
G
Deleted: examination
Deleted: recruitment
---------
Deleted--------
Deleted: Reasons for re'
Formatted
Formatted: Bullets and Nuj _;_,
j142j-
Formatted
j143]_
Formatted .=j1441
Formatted: Bullets and Nuj�145]-
Formatted
Formatted: Bullets and Nu(
Formatted i-
riarii
m
Foratted: Bulletsand Nu(--risof
Deleted: A.
[Deleted: s
Deleted: The applicant is la( ... [1521
{Deleted: <#> n
Deleted: <#> examination(;.. 153
Deleted: F.
Deleted: The applicantfaile";;; 1154]
[Deleted: n
Deleted: examination, or
Deleted: <#>¶
Formatted
y Deleted:6
e Formatted „1j5
n Deleted: Personnel Department
Deleted: Department
Deleted: 7...PERSONNEL DL 1158]_
O Deleted: in Section 7.06 ofi jlsg - I
Deleted: Personnel Director
O = -' Deleted: the ... Departmen
f i.
Deleted: SECTION 7.08
California Department of Justice and/or local law enforcement agencies when it is / Formatted Lim
necessary for such records to be utilized to fulfill employment, certification or licensing Deleted, RESPorvslell Irr
duties as set forth in these Rules and in California Labor Code Section 432.7.
Deleted:
,SECTION Z,OZ RECRUITMENT PROCESS, tDele�t�ed:s
ee Personnel Dir(.:, [i6}]
A. ,iuman Resources $hall schedule _recruitments as deemed necessary- _for ruitment
maintaining a continuity of City services. Recruitments may be specified as,
eitherromotional or
p opsn; Deleted: ...¶ _ (.,._j165]_
Deleted:
Deleted: -Examination I
Deleted: Recruitment
Deleted: s
Deleted:. 1
Deleted: are
Formatted
Formatted
Formatted
Deleted: regular ...c
1. Oben recruitments are .open to all persons who meet the reauirements
and conditions set forth in the recruitment announcement. They may be
conducted on a continuous basis when the Human Resources Manager
determines such recruitments are in the best interest of the Citv.
2. Promotional recruitments are open to probationary and reaular/full-time•
emulovees of the Citv who meet the reauirements and conditions set
forth in the recruitment announcement. The names of eliaibles on
promotional lists who are no lonaer employed by the .City shall
automatically be dropped from such lists.
:r
.L_The -Human Resources Manaaer shall determine or approve the manner an&. J '
methods of preparation of recruitments and by whom they are administered, 1 ;i
and shall be responsible for the conduct of recruitments for all classes of j
positionswithin the City service. ./
The jecruitment +selection process is intended to test for the job functions%
identified in the job analysis and job description. Iran Resources may I
examine applicants by a variety of techniques to include, but not be limited to
achievement tests; aptitude tests; evaluation of training, experience, and
education assessment centers; personal interview; performance tests; evaluation
of work performance and/or work samples; physical agility tests; written tests;
review and investigation of personal background and references; medical,,
physical and/or psychological examinations; successful completion of prescribed 1
training; and/or by such other techniques as determined by the Ijuman
Resources Manaaer.
IN
,SECTION 7.0_4 RATINGS, Following the examination a candidate will be rated according,j;d/ „r
Ir her overall.performance and by his or her ell ibili ,to uroceed to the next level i ,'
anina in the recruitment urocess.
Rating determinations to advance throush the recruitment process will be u
established bv.}iuman Resources.. Failure on any one part of the recruitment
may be grounds for declaring that the applicant has failed the entirejecruitment.
or that the applicant is disqualified rom subsequent parts of thejecruitment,
B^Each applicant in a recruitment shall be sent noticed his or her outcome. .
Formatted _
Formatted: Bullets and
Deleted: Personnel Director(-
-------- 1
Formatted I
.. f 17, 1J
Formatted
Formatted: Bullets and Nut."."iiim
Deleted: examination c4
Deleted: recruitments
Deleted: Personnel Director
Formatted
Deleted: SECTION 8.03 04
Formatted
Deleted: 8...5 1
Formatted I
Deleted: EXAMNATIONs
Deleted:.'
Formatted i
Formatted
Deleted: the
Deleted: Personnel Depa! n
Deleted: Department
Deleted: t
Deleted: for
Deleted: examination
FAMPIM!
Deleted: 9
Formatted
Deleted: Parts of an exams
Deleted: of
Deleted: giving the results
Deleted: Start here
Deleted:' i :. [1901
SECTION 7 00 PROTEST OF APPLICATION REJECTION OR RESULTS OF RECRUITMENT Formatted
PROCESS Protests as to alleged errors, fraud, discrimination or recruitment results - -
Deleted: 8...8
must be submitted tgJJuman Resourceswithin fifteen (15.1 htrsinessdays of the date of ` Deli: EMMINATION
the mailing of the appropriate notices and he/she may take such corrective measures as
appropriate. Correction of anyratinashill not invalidate any previous appointment. [Deleted- or...the 193
Deleted: Personnel Director
A. A written statement to Human Resources shall include the followins: ;�,_ Deleted: DEPARTMENT
Deleted: ten 0 I .:. [194j
1. The action being appealed; ; Deleted:work Ing
I r10S1
Deleted: score C . 196
F
[Formatted
Deleted: [ ... (19ff
(Formatted
Deleted: EXAMINATION
Deleted: ten...0
.Yi
2. The specific basis for the appeal; and
/Deleted: working the
Deleted: Personnel Director
3. The relief sought.
Deleted: Department
m
�
B. Within fifteen (1�J usiness days from the receipt of a timely appeal, uman
Deleted: the
f
Resources hall complete an investigation. The individual shall be promptly
Deleted: Personnel Director
notified of the results of the investigation and advised of any rights and
Deleted: Department
responsibilitiesfor further appeal.
Deleted: Personnel ;
Deleted: working ... the i
C. An individual may appeal the decision of J-luman Resourcesfo the City Manager
Deleted: Personnel Director
or his designee by filing a written request to do so with the Jiuman Resources
; ; Deleted: Department
Manaaerwithin fifteen 1S). business days followingthewritten notificationof
.Deleted:8
resultsby,Jiuman Resources The City Manager's decision is binding on both
parties.
Deleted: EXAMINATION
Deleted: The records of a
SECTION 7 10 ,RECRUITMENT RECORDS. Recruitment records are working documents,
Deleted: n
confidential in nature, and not public documents. The Jjuman Resources Manager shall
Deleted:
establish and maintain procedures to ensure the confidential�of recruitment recordsto
ination
include but not be limited to. _sting sheets, test results, reference checks, background
investigations, physical and psychological ,,�minations, records, ethnic, sex, age,
nnel Director
EDeleted:
citizenship/legal alien documents and data.
SECTION 2,] ] POSTPONEMENTAND CANCELLATION OF RECRUITMENTS. If, in the
ination...ind
opinion of the J-luman Resources Manaaer, a sufficient number of qualified applicants
Deleted: recruitment
,have not submitted an application for a„t•ecruitment or the vacancy no longer exists, the
Deleted: SECTION 8.11 SE
ii,•
may extend the final filing date and the date of the
, Deleted: EXAMINATION
recruitment or cancel therecruitment,
Deleted: RECRUITMENTS. The
SECTION 71,?_ LIMITED RECRUITMENT. When it can be anticipated that the applicant
p iA:
loll Deleted: Personnel Director
" �." '
group will be large in relation to anticipated vacancies, the.Human Resources Ma nager
Deleted, Human Resources) ,,,
y'
may take steps to limit the size of the applicant group through a shorter filing period,
Y P PP 9 P 9 () 9P
Deleted: scoring
�'
or (b) sDecifving a maximum number of applications which will be accepted; or (c) other
Deleted: of tests and other) ;-
means which are appropriate to the ci rcu msta n ces a nd otherwise consistent with these
;'; ° . Deleted: examination
Rules.
G^ Deleted: recruitment, certirl" ;
v...
Deleted: EXAMINATIONS...
SECTION Z.1� FEES FORRECRUITMENTS. Application and/or recruitment fees may be
Deleted: has
charged to applicants for the recovery of costs associated with the selection process for
"
Deleted: made
openrecruitments.
Deleted. n
Deleted: examination...Pers� 214]1]
".. "
I,
Deleted: 8...3
� Deleted: Personnel Director
Deleted: SECTION 8.14 $EI 216
Deleted: Personnel Director
Deleted: HumanResourcesl L2121
Deleted: SECTION
Deleted: EXAMINATION et ... r2201
ARTICLE VIII
ELIGIBLE LISTS
SEC IC &01 ESTABLISHMENT OF ELIGIBLE LISTS: -,Upon completion of
.recruitment, Human Resourcesshall prepare and keep available an Eliaible List detailinc
the names of those aodicants who Qualifiedin the recruitment and therefore r eed to
the next level of screening. Generally, an eligible list halo (2) cateaories:.Eligibie to
Proceed in the Recruitment Process at this time and Not Eliaible to Proceed in the
Recruitment Process at this time. Though the Citv Manaaer or desianee will make the
final emolovment decision they are expected to be actively involved orior to the
establishmentof an eliaible list
SECTION,@.02 DURATION OF ELIGIBLE LISTS. Eligible lists shall be effective for a
period of twelve (12) months,unless exhausted or extended. Prior to its expiration. the
Human Resources Manager may extend the effective period of an eligible list for open
recruitments forno formore than two 2 oeriods of six months each.
SECTION 9.03 SUBSTITUTION.' ELIGIBLE LISTS. Eligible lists that are current)
[Deleted: IX
i Farsnattedz- Justified
Deleted: 9...¶
n...examination ...the ...
Deleted: T
Deleted: A.. Eligible lists
Deleted: Those who qual
Deleted: Eligible lists mal
Dale. ;#>An eligible 's -
Deleted: 9
Deleted: two years
Deleted:, abolished,
y Deleted:I
established may be substituted to fill vacancies in classifications which require the same ';:,
Deleted: a period of time -.;--2
knowledge, skills, and abilities, or of the same or lower level compensation for which
Deleted: I
there is no eligible list. ;
Deleted: SECTION 9.03 j -'Z
SECTION,-.�4 ELIGIBLE LISTS RESULTING FROM CONTINUOUS RECRUITMENT. Lists `\`;,
Deleted: Personnel Director
established as a result of a continuous filing shall remain in effect no longer than twelve `,' ,
Deleted: Human Resources(.......2
(121 monthsfrom the date of the peruitmenf unless sooner exhausted, abolished, or ', \, Deleted: SECTION 9.04 IX'... [z,
extended. Names placed on such lists may be merged with any others in order to
Deleted:9...s
establish one pool of applicants.
Deleted: as classifications ;„ 2
SECTION REEMPLOYMENT LISTS. The reemployment lists for any class shall,
...6
Deleted: 9 "-
,x.0,5,
consist of the names of employees who have been laid off. Such names shall be placed
Deleted: one year ...examir(; z
on the reemployment list in reverse order of layoff.
Formatted ;•;
Deleted: 9...7...;1 I 2
SECTION,&W REINSTATEMENT._Any former employee gho voluntarily separatedlnay,
Formatted: Justified
request to be placed on a reinstatement list for a period not to exceed three years.
Formatted
Any separated employee may be reinstated at the request of theDepartment Directorto
Deleted: 9..a . _..Z
the employee's former classification if vacant, or to a vacant position in a lower rated
Dem:
class in the same class series in which he/she meets the minimum qualifications.
Whenever any person is reinstated, his/her reinstatement date shall govern his/her
Formatted: No underline
Iseniority. Reinstated employees shall be required to serve a six (6) month probationary
Deleted' 3
period with an additional six (6) months at the discretion of the deoartment director. No
Deleted:
former employee has a right to reinstatement. The decision to reinstate is at the
Deleted: Department
discretion of thej2epartment Director with the approval of the appointing authority.
..
Deleted:I --f2;
,SECTION AVPLPBLI Y OF EILfl�
.... �� -E-Formatted: No underline
A. It is the responsibility of eligibles, those on reemployment lists and individuals Formatted: Justified
who have requested reinstatement to notify Human Resourcesf any change of Del Deleted: the
address or other change affecting availability for appointment. Deleted: Personnel Department
B. A report.,gr information related to an applicants backclround, to include but note,
be limited to a medical examination. criminal history, credit verification. drucl and Formatted: Bulletsand Numbering
alcohol test, or psychological examination that is unsatisfactorv. Formatted: Justified, Indent: Leff:
10",hlanalna OS'
C. An evidence that the eligible cannot be located by postal authorities at the last':_ rFaanatfed:Bu" awNumbering
known address. Failure to reply withinen business days from the date the
I Fxrrmatted:Justified
B. Eligibles, those on re-employment lists, and those who have requested.
noleteq 9
reinstatement, who do not indicate a willingness to accept employment under
Fbrmatted:Justified
the offered conditions will be considered to have declined appointment, and their
eleted:
DDeleted
names may be withheld from certification for other positions in which the same
verification, and a drug and alcohol
testy
employment conditions apply. ;
Personnel Director
restore the name of an eligible to the appropriate list. \
Deleted 5
<#>A report of a
ISECTION &Of! REMOVAL OF NAMES FROM ELIGIBLE, LISTS. The 1- Human Resources-
D. The eligible has been appointed to the position for which the list was established: ;;
[Deleted:
Ibackgrnund'nvestrgation J
Manager may remove the name of any eligible from an eligible list for any of the
Deleled: or
aell rt of a met", cdmkvA
following reasons:
his/her name from a list. "`
history,oe0verrific0on,drug and
E ___.,The eligible selected has been granted at least two weeks to report to work and*,
Deleted: Personnel Department
atodlrad test,
A. Disqualification for any of the reasons identified in these Rules that would be
Deleted ar
grounds for termination of employment.
Office
Deleted: psychologicalexamination
Deleted: therefore,
"
or any other examination is
B. A report.,gr information related to an applicants backclround, to include but note,
be limited to a medical examination. criminal history, credit verification. drucl and Formatted: Bulletsand Numbering
alcohol test, or psychological examination that is unsatisfactorv. Formatted: Justified, Indent: Leff:
10",hlanalna OS'
C. An evidence that the eligible cannot be located by postal authorities at the last':_ rFaanatfed:Bu" awNumbering
known address. Failure to reply withinen business days from the date the
Deleted:I
set q 9 Y
letter, card or email was n re uestin. inform-ation as to availability for , ,
ssful
<#>The applicant did not recruitment
passasaspects of the recruitment
appointment, or failure to notify -Human Resource& of any change of address `;.
per, Which may include but not
resulting in the return of letters or emails. will be considered sufficient evidence. 'y
be limited to, a criminal history, credit
On submission of a requestgiving acceptable reasons as to why the notice was,-.. •
verification, and a drug and alcohol
testy
not returned or change of address not filed, their m Resources Manager may ; :`;; ;;,
Deleted: five
restore the name of an eligible to the appropriate list. \
Deleted 5
.,..,:
D. The eligible has been appointed to the position for which the list was established: ;;
FDkded W°rlcdays�
Deleled: or
E. Upon receipt of a written statement from the eligible requesting the removal of,. ".
Deleted: mailed
his/her name from a list. "`
Dated: the
E ___.,The eligible selected has been granted at least two weeks to report to work and*,
Deleted: Personnel Department
Deli: Department
fails to do so. ;,
Deleted: by are united states Post
' • `
Office
1`
Deleted: therefore,
"
Deleted: Personnel Director
Formatted: Justified
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: <#>An offer of rq
Format6ed: Bullets and Numbering
Deleted: <#>The eligible ,.. M
Deleted: Personnel Director
Deleted: Human Resources(-
esources(Deleted:
'(Deleted:
Personnel Director
Deleted: Human Resources{_,,,,,, �Z t
Deleted: 10...;...¶
Formatted i_�
l Deleted: 10...3
Formatted
ARTICLE IX PDeletted,DeparbTwt HeadAPPOINTMENTS " SECTION 2,ol APPOINTMENTS AND PROMOTIONS, All appointments and promotions*,onnel Director
eted: Department
shall be made from eligible lists to be established in accordance with these Rule the Deleted: on the form(s) prodded
absence of persons eligible in such manner, provisional appointments may be made in : ;' ,
accordance with fhese Rules.
SECTION2.0�_ REQUEST TO FILL VACANCIES. Whenever a position is to be filled, the
Deoartment Director shall notify -;Human— Resources and make a request for the
certification of eligibles and provide such information as is required ,by uman
,SE(;TION 4.Q SELECTION OF EMPLOYEES,riD or to a. conditional offer of employmen
the Citv will conduct a background investigation to include but not be limited to,
reference check both professional and educational a criminal historyand any.othe_
pre-employment testing that is deemed .to be necessary and appropriate b man
Resources, Once a conditional offer of emplQymp.131 ja v,2dencled. Human Resources will
conduct the aDDrov.d.ate medica.ILDhy_sical/Dsvcholoaical, and drug and alcohol
screeninas. An offer of em lovment shall be made continaent u the successful
comdetion of these tests.
,It is the responsibility of the prospective appointee to take and complete any and all
examinations at the time and place set by human Resources. Failure to do so shall
constitute a basis for denying appointment.
,SECTION a.04 TEMPORARY APPOINTMENTS. ,� a position is required for the
efficient and economical operation of a department, the Department Di or , may
reauest a temporary position b submitting written iustification and such other
information to the Citv Manaaer. A tempora_ amointment is the amointment of an
individual who may or may not be on an eligible list to a temoorary il ' n. A
temporary amoontment may be authorized by the City Manaaer.
A No special credit shall be awarded in anyperuitment or the establishmentof an)
employment list for services rendered under a temporary help appointment,
B. Any person on an eligible list who accepts employment as a temporary help
employee shall retain his/her place on such eligible list.
Deleted: the
Deleted: Department
I�et�• �rs0000LOimcm�—
t [Deleted: Department Head J
a Deleted: Department Dlreck :-'jikl
r Deleted:
yu Deleted: medical/physical/q
i Deleted: demand
e :the
Deleted: are successfully cq ... f;
Deleted: Department
Deleted: SECTION 10.06 PE -.7f,
Formatted i. ._r
Deleted: the City
. . . Formatted
` Deleted: <#>SubseWent 4-..'j,
Formatted: Bullets and Nui „.
Deleted: <#>Personnel Director
Deleted: <#>Human Reso1
Deleted: <#>and
Deleted: <#>A
Formatted ( -
Deleted: <#>The
Deleted: <#>Department Head
Deleted: <#>Department q
C. A temporary help employee is not part of the classified service and, if eventually- Deleted, examination
hired as a Mgular/full-time employee, shall receive no credit for any fime Deleted:I
employed as a temporary help,. Formatted: Bullets and Nut ; ;
Deleted: I
D—Unless otherwise approved by the City Manager, benefits, including but not. Formatted i
limited to retirement, health/medical insurance, life insurance, disability Formatted: Bullets and Nu(
insurance, vision care, dental care, vacations, sick leave, and holiday salary shall
not be granted nor accrue to any employee serving in a temporary help Deleted: regular ...purpose i`
appointment. Deleted: Employee unless 1
Formatted: Bullets and Nut"'r
P: A temporary help employee serves at -will and may be removed at any time,
without the right of appeal or hearing.
,SECTION 10� TEMPORARY PROMOTION A temporary promotion is the appointment*
of aj:eaular%full-time City employee to a vacantreaular/full-time position for a limited �•
period of time. Except for a Day differential, a temporary promotion would not result in a
chanae in benefit including but not limited to retirement, health/medical insurance, life
insurance, disability insurance, vision care, dental care, vacation and sick leave shall be
granted or accrue to any probationary or regular employee under a temporary
promotion.
4..,,An employee who is in a temporary promotion may be removed from such.
appointment and returned to his/her original probationary or regular position at
any time without the right of appeal or hearing.
R_ -An employee must be certified by J uman Resources ns meeting all the!,
qualifications for the position prior to promotion.
SECTIONa.O�_ EMPLOYEE OATH OF QEFICE.,Every employee, before entering upon the -
duties of employment, shall take and subscribe to the Oath of Office required by the
ICalifornia Constitution (Government Code Section 3100). -,,,,The Oath of Office shall be
administered and witnessed by, and in the presence of the City Clerk, Assistant City
Clerk, or the appropriate person deputized by the City Clerk.
r•
n, r.
SECTION ,9,OZ PROOF OF CITIZENSHIP CR LEGAL RESIDENCY, jn accordance with the
agglicable laws II employees shall be required to submit a proof of citizenship, or legal',;',':;,
residency and/or permit to work tq Human Resources Such documents shall be !'•'
returnedto the employee.
Formatted: Justified)
Formatted: Bullets and Numbering
Deleted: <#>A temporary help
employee shall not be employed for
more than 1664 hours in a regular
position in any consecutive twelve
(12) month period.$
Formatted: Bullets and Numbering
Deleted: 10
Deleted: 8
Deleted: :
Formatted: No underline
Deleted: ¶
I
Deleted: regular
Deleted: regular
Deleted: ¶
I
Deleted: No change in bent-„ L2731
Formatted: Bullets and Numbering
Deleted: replaced in
Formatted: Bullets and Numbering
Deleted: the
Deleted: Personnel Department
Deleted, Department
Formatted _-274
Deleted: 10
Deleted: 9
Deleted: ¶ fnsi
Deleted: provisions of Ardcr.. j
Deleted: I f27�
Deleted:
Deleted: .
rDeleted:
Deleted: Deputy
" Formatted: Justified
^", Deleted: 10 --
Deleted: 1
Formatted: No underline
Deleted:
°, Deleted: Immig2tion Refor; [27gj
Deleted: the
Deleted: Personnel Dewrtment
(Deleted: Department
ARTICLE)(,
PROBATIONARY PERIOD
SECTION 1Q.01 PURPOSE OF PROBATIONARY PERIOD. The probationary period is part
of the recruitment .process and shall be used for observing the employee's work, for
facilitating the effective adjustment of the employee to his/her position, and for he Cit
to determine whether to retainthe probationary employee. ,
SECTION 18.02 LENGTH OF PROBA11ONARY PERIOD,
A All appointments are subject to a probationary period of no less than one year, or-
a time period specified in the appropriate memorandum of understanding.
&.The probationary period shall not include the time served under any provisional,
temporary help, emergency or acting appointment, and shall begin on the
effective date of appointment to a regular position except as otherwise specified
in a memorandum of understanding.
Deleted: I
IDeleted:: 1
[Formatted: Justified 1
Deleted: 1
Formatted: No underline
Deleted: testing
Deleted: and selection
Deleted: rejecting
[Deleted: any
Deleted: A probationary employee
does not have any right of appeal if
releasedduring the probationary
period.
{ Deleted: 1 {
{ Deleted::
`,{ Formatted: Bullets and Numbering
Deleted:.$
C As an alternative to the release of a probationary employee, aprgJationarv-�;
period may be extended at the discretion of the City Manager and in accordance °
with the timeframes of the appropriate memorandum of understanding. .
SECTION 14.0 RELEASE DURING PROBA110NARY PERIOD.. With approval of the Cily ;,�
Manager, a probationary employee may be released at any time during the probationary
period. Such action shall not be subject to appeal. The effective date of release shall
be no later than the last day of the probationary period.
An employee Xeleased during the probationary period from a position to which he/she• a`
has been promoted shall be reinstated to the position from which he/she was promoted,
unless he/she is dismissed from the service of the City for cause. °.
F"
r<
r.�
Any person appointed or promoted to
a position shall serve a probationary
period for one year
Formatted: Bullets and Numbering
Deleted: <#>Leaves of absence
shall not be counted toward
completion of the probationary period
and the probationary period shall be
extended by the number of days of
such leaves or assignments that are
in excess of one pay period.$
D
Formatted: Justified, Indent: Left:
0", Hanging: 0.5"
Deleted: SECTION 11.03
Deleted: and under extraordinary
circumstances, a probationary period
may be extended for a periq_.'_
Deleted: Extension ofro
p 28C
Formatted: Justified
Formatted: Bullets and Numbering
Deleted: 1
l Deleted: 4
Deleted: REJECTION
ar.
°'` Formatted: No underline
Deleted:
Deleted: With
(Formatted: Bullets and Numbennq I
{ Deleted: resected
ARTICLE XTr Deleted:I
CHANGES I N EMPLOYMENT STATUS Formatted: Justified
Deleted: 2
SECTION 1],Ol ATTAINMENT OF STATUS AS A REGULAR EMPLOYES. An employee. Deleted: :
appointed to a position in the classified service shall earn status as a regular employee Formatted: w underline
in a class if the employee successfully completes the designated probationary period.
I Deleted: SECTION 12.02
,SECTION 11,.0,Z STATUS OF EMPLOYEE FOLLOWING PROMOTION. An employee who
Promotion to a position in the
has been promoted, and successfully completes the designated probationary period in
classified service shall be made from
that classification, gains status as a regular employee In that pOSItIOfI,
9 9class.¶
an eligible list establishedfor the
SECTION 11Q, TRANSFER OF AN. EMPLOYEE. _Regular transfers shall not be made'
Deleted:2
unless the employee being transferred shall have been in the position at least six (6)'l
1
Deleted 3
months prior thereto. A transfer is not a right, but is made at the discretion of the
.
r �
Deleted: (subject to Section 11.02
Department Director. Transfers between departments must have the,approval of both
,, ,
'''
of these Rules)
Department Directors involved.
•
Formatted: Justified, Indent: Left:
+�, •.
O, First line: 0
SECTION 1 ]X01 DEMOTION OF AN EMPLOYEE.
( Deleted: 2
Deleted:4
A. An employee may be demoted at his/her request, or as a result of reduction in'
„°' ,
force, or for disciplinary reasons.
Formatted: No underline
"e'++
Deleteda 1
B. A regular employee may request a demotion by submitting such a request in;(„e,�f,
writing to the Human Resources Manager. Any demotion resulting from an
e.a
:.".;1'.
employee's request shall be known as a voluntary demotion. Voluntary
Deleted;-D4rnrtment-Heacl
--
demotions may be made to a vacant position upon approval of the Department
':::` `
Deleted:I
Director. No employee may voluntarily demote to a position for which he/she
',', `nit :
B.
does not meet the minimum qualifications and no employee has a right to
Regulartransfers (, [2821.!
voluntarily demote.
'Deleted:
°
.,:1
Deleted: Department
C. A demotion resulting from a disciplinary action shall be known as an involuntary
demotion.
" '
F"""'»"''' JrLstified
Deleted:- 2
SECTION 1105 VOLUNTARY RETURN TO FORMER POSITION AFTER PROMOTION,
Deleted:5
DEMOTION. CR TRANSFER
Deleted: Personnel Director
Deleted: Department Head
A. An employee separated from a class due to a promotion, demotion or transfer,
Deleted:2
does not have the right to return to the former position except in accordance
with ,these Rules. An employee recently separated from a class due to a
Deleted:6
promotion, or transfer may be returned to the formerly held classification ;.
Fomratted: No underline
provided:
Deleted: Article xI, section ii.
Deleted:
1. A vacancy in the formerly held classification exists; and
lleleted:0
2. Such return is approved by the appropriateDepartment Director(s).
Deleted:
Deleted: 4(B)
Deleted: subject to
Deleted: al
Deleted: Department Head
B. Such employee is exempt from the recruitment process for the formerly held. Formatted: Justified J
position providing the employee meets the current minimum qualifications for [Deleted: examination
the classification.
ARTICLE XII
DISCIPLINARY PROCEEDINGS
SECTION ]-,01 POLICY FOR DISCIPLINARY PROCEEDINGS. In order to establish.
employee standards of conduct and work performance that are consistent with the
efficient and effective delivery of public services, this section outlines those
circumstances under which disciplinary action may be required,,The following may be
causes for disciplinary action including, but not limited to, written reprimand, demotion,
suspension, or discharge of any employee. The purpose of specifying these causes is to
alert employees to the more common types of disciplinary issues. However, this list is
not all inclusive and there may arise instances of unacceptable behavior not included in
this list.
A. Improper or unauthorized use or abuse of sick leave, ■
B. Inability to maintain reaular and consistent attendance, which n_ revents the,
reasonable availability for assigned duties.
C. Absence without authorized leave; repeated tardiness to assigned work, leaving•
assigned work without authorization; failure to report to work after a leave of
absence has expired, or after a leave has been disapproved or revoked.
D. Misconduct; willful or negligent violation ofranv City rule or policy,
E. Insubordination.
F. Acceptance of gifts or gratuities in connection with or relating to the employee's.
duties.
G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a,
verdict of guilty, or a conviction following a plea of nolo contendere, to a charge
of a felony or any offense involving moral turpitude is deemed to be a conviction.
H. Fraud or the submission of false information related to employment application,.
payroll, or any work-related record or report.
I. Soliciting outside work for personal gain during the conduct of City business;.
engaging in outside employment for any business under contract with the City;
or participating in any outside employment that adversely affects the employee's
City work performance; or conducting personal business on City time.
J.Discourteous treatment of the public or City employees or disorderly conduct on,
City property or on City business; for examde. fighting, using profanity,
intimidation, or abusive and hreatening language.
K. Conduct that interferes with the reasonable management, operation and,
discipline of the City or any of its departments or divisions or failure to, ooperate
with superiors or fellow employees.
Deleted: 3
Deleted
Formatted: No underline
Formatted: Justified
Deleted: ¶
1
SECTION 13.02 CAUSES FOR
Formatted: Justified, Indent: Left:
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+ Start at: 1 + Alignment: Left +
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+ Indentat: 0.38", Tabs: Not at
0.38
Deleted: 11
Formatted: Justified
Formatted
... [2831
Deleted: r>waaswabser athat
rFormatted: Justified
Formatted
Deleted: station
Formatted: Justified
Deleted: the persaoriel TV191,..
.. -I2_80 I
Deleted written
J
Deleted. departmental nAel ... [2861
Fe.meSQd
Formatted: Justified
Formatted
Formatted: Justified
Formatted
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Formatted
Formatted: Justified
Formatted
r29A
Formatted: lu stitied
Formatted
Formatted: Justified
Formatted
[2931
Deleted: including
Deleted: or
Deleted: or
Formatted: Justified
Formatted
I:. 294].
Deleted: cooperation
I Engaging in political activities while on duty, in uniform or using the authority •. -
associated with City employment.
M. Violation or neglect of safety rules or practices.
N. Behavior, either during or outside duty hours, which is of such a nature that it
causes discredit to the City or one of its operating practices.
O. Refusal or inabilityto improvejob performance in accordance with written or
verbal direction after a reasonable trial period.
P. Inefficiency, incompetence, or negligence in the performance of duties, including
failure to perform or complete assignedtasks or training in a prompt competent
and reasonable manner.
Q Refusal to accept and carry out reasonable and proper assignmentfrom an '
authorized supervisor.
R Sntoxication incapacity or possession or use of controlled substances or alcohol
on City property and/or at the worksite.
S--Failureto obtain or maintain possession of the minimum qualifications for the
position.
TCareless, negligent, or improper use of City property, equipment or funds,
including unauthorized removal, or use for private purpose, or use involving
damage or unreasonable risk of damage to property.
u Unauthorized release or use of confidential information or official records.
Participation in an illegal strike, work stoppage, slowdown, or other job action
against the City.
141 Inability to perform the duties of his/her job.
X. Dishonesty.
Ypossession of firearms on the job (except for law enforcement nen:onne .
ZSleeping on the job. '
AA. Theft. '
BB. Retaliation for actions protected by law. '
CC. Failure to report loss of or damage caused to City equipment and/or facilities for
which the employee was responsible.
Deleted: ¶
Formatted: Indent: Left: 0",
Hanging: 0.5", Numbered+Level: 1
+ Numbering Style: q B, G ... +
Startat: 11+Alignment: Left+
Aligned at: (Y'+ Tab after: 0.25" +
Indent at: 0.25". Tabs: 0.05'. List
tab + Not at 0.25"
Deleted: <#>Q.
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Hanging: 0.5", Numbered + Level: 1
+NumberingStyle: q B, Q ...+
Start at: 18+Alignment: Left+
Aligned at: 0 +Tab after: 0.25" +
Indentat: 0.25", Tabs: Notat 0.25"
Deleted: <#>Refusal or inabilityto
improvejob performancein
accordancewith written or verbal
direction after a reasonable trial
period.¶
9
Formatted: Font: (Default) Tahoma,
11 pt
Deleted:
Deleted: P
Formatted: Indent: Left: 9',
Hanging: 0.5", No bullets or
numberina
Formatted: Indent: Left: 0",
Hanging: 0,5", Nobulletsor
numbering
Deleted: Intoxication, intemperance,
or incapacitydue to the use of
controlled substancesor alcohol while
on duty.¶
1
Formatted: Indent: Left: 0",
Hanging: 0.5", No bullets or
numbering
Formatted: No bullets or
numbering
Threats of violence against City employees and/or City property.
SECTION 12,03 PERSONSWHO MAYTAIE DISCIPLINARY ACTION. The City Manager
or any Department Director or designee may take disciplinary action against an
employee.
SECTION 12
,04 CONSIDERATIONS IN THE DETERMINATION OF TYPE OF
process. The considerations used in determining the type of disciplinary action shall be
considered on a case-by-case basis. Such considerations shall include, but not be
limited to: the employee's work history and performance record; the nature and severity
of the infraction; aaaravatina and mitigating circumstances associated with the offense:
and any extenuating factors.
SECTION 105 TYPES OF DISCIPLINARY ACTION. The types of disciplinary action that
may be taken shall include but not be limited to oral reprimand, written reprimand,
demotion, suspension, reductionjn pay and dismissal.
SEC11ON 12 06 NOTICE CE' DISCIPLINARY ACl10N. Those disciplinary actions beyond
an oral rearimand shall be in writina and include he following:
■ `Formatted: Justified
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A. The causes/reasons for the disciplinary action, which may include the,
performance expectations, rules, regulations or policies that have been violated.
B. The effective date(s) of the disciplinary action.
C. Any rights of appeal.
Deleted: degree of orientation;
Deleted: 3...
W 2971_.
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[Deleted: to
Deleted: 3
Deleted: a written notice shall
given to the employee of
Formatted 1...12981,
Deleted: including what
Formatted: Justified
Formatted 2_991"
Formatted: Justified
Formatted
Formatted: Justified
[Deleted: SECUON 13.07 P. j301]_
Deleted:. The process is sl 302
,SECTION 17.07 APPEAL OF DISCIPLINARY ACTION. An employee shall have the right
Delet= which is
to appeal any disciplinary action through the appropriate chain of command. The `,
Deletedjand ll be
appeal process shall be composed of the following steps:
Deletedented on aDeletedA.
An appeal shall be submitted in writing to the person who nronosed and enacted
Deletede appropriate
the diswithin fifteen (15) business days of the date of notification for
cipline
Deleted: <#>an acceptable
disciplinary action.
Deleted: <#>level. ¶ i
B. The person who Uroposed and enacted the discipline shall respond in writing,
Deleted:. The appealprK
within fifteen (15) business days of the date of receipt of the employee's appeal.
Deleted: employees immecf-.
Deleted: supervisor ...work
C. If resolution is not achieved at that level, the employee may submit an appeal in
Deleted: with the supervisor
writing to the Department Director within fifteen (15) jusoness days of the date
Deletes: Department Head
Wsupervisor's response.
Deleted: days
Formatted („
D. The ,Qepartment Director shall respond in writing within fifteen (15) husiness-
of the date of receipt of the appeal.
Deleted: Department Head
Deleted: work days
E.
I f resolution is not achieved with the J?egartment Director, the employee mays .. Deleted: Department Head
submit an appeal in writing to the Ci Mana erwithin fifteen 15 business days
pp g g ( )
Formatted: Justified, Indent: Left:
0", Hanging: 0.5", Numbered +
of the date of the Department Director's response.
Level: 1 + Numbering Style: A, B, C,
... + Start at: 4 + Alignment: Left +
E�
The Ci Manager shall respond in writing within fifteen 15 business days of they ', •
City 9 P 9 ( )
Aligned at: a' +Tab after: 0.25" +
date of receipt of the appeal.
Indemda3t 0.25, iTelm 0.3°, LWftb
+ Not at 0.25"
Deleted: work days
G.
I f resolution is not achieved with the City Manager, the employee may submit d
Deleted: Department Head
reauest'n yvriting to the City Clerk for the personnel Board of Review to hear a''
review of the case within fifteen (15) business days of the date of the City'`,'.
Formatted: Justified
Manager's response.
Formatted: Justified, Indent: Left:
0", Hanging: 0.5", Numbered +
10
Level: 1 + Numbering Style: A, B, C,
H.
A hearing by the Personnel Board of Review shall be scheduled within fifteen ';;; , ,
•• + start at: 4 + Alignment: Left +
rat, o.zs° +
(1S_) business days .of the date of receipt of the ues by the City Clerk. The '';;;;,', •
i`,
after:
Indentat: 0 2s
hearingb the Board shall be a ublic,hearin unless the employee desires a
Y P 9,!I,
Deleted: work days
closed hearing. !
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I.
The Personnel Board of Review shall submit a statement of opinion 0 the •';';;, Deleted: n
Did
employee, City ,Manager, and the employee's Department Director in writing ;I, `;';, Deleted: appeal
within fifteen (15) business days of1he hearing. The decision of the Board shall i' °, '';, Deleted: �I
be advisory to the Citv Manaaer. ;i °; • '
Deleted: appeal to be heard by the
Deleted: as constituted in Ordinance
�.
The Citv Manager shall resoond in writing within fifteen (15) business days of -1,0' d,`'`
Nos. 474 and 1477,
il receiot of the statement of ooinion by the Personnel Board of Review. ;" ; ,',
Deleted: work days
K.
Failure, by either part to respond in a timely manner would result in iu_dana nt- ;',I '•
Daleted.0
for the 0000sina party. :t" "'`
I"'0 Deleted: work days
Deleted: I
,u
Deleted: appeal
"
Deleted:
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"
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Deleted: I
Deleted: final and binding
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0.25"
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0.25"
Formatted: Bullets and Numbering
Formatted: Justified
ARTICLE XW
APPEAL TO THE RULES FOR PERSONNEL ADM INISTRATION
SECTION 13,01 RIGHT TO. APPEAL. ,An employee shall have the right to appeal the
interpretation and application of these Rules and the City's Administrative Policies and
Procedures. The following procedure shall be used to process and resolve disputes.
A. Employee(s) shall submit in writing on the appropriate form to,Human Resources
within fifteen (15) .business days from the date of alleged infraction of these
Rules, or the date the employee became aware of the incident which is the basis
for filing the appeal.
B. The Human Resources Manager shall respond in writing within fifteen (15) -
business days from the date of receipt of the appeal.
■
C. f resolution is not achieved with Auman Resources the employee may submit.
an appeal in writing to the City Manager within fifteen (15) business days of the
date ofBuman Resources',response.
DL, --The City Manager shall respond in writing within fifteen (15) hi iciness rtaTc of the-',
date of receipt of the appeal. The decision of the City Manager shall be final and "
binding.
E I f aooeal of these rules is connected to a disciolinary action that aooeal will be
consolidated with the disciplinary aooeal.
for the opposing gArIL
[Deleted: V j
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Deleted:
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numbering
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Deleted: Department
1.',
;;,• Deleted: work
Deleted: the
• " Deleted: Personnel Department
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Deleted: work days
Formatted: Centered - Jf
ARTICLE XIV
EMPLOYEE REQUIREMENTS
SECTION 14.01 DRESS CODE Emolovees of the City of Lodi should remain conscious
of all ootential health and safety issues that may be addressed durina the course of their
work day. Work attire should be aoorooriate to the iob task and assianment and in
pod taste. Dress should be sensitive to the wtilic the individual will encounter. It is
exoected that all emiDloyees will use clood iudament and common sense in choosing
their work-dav attire.
A. Shorts are oermissible accordinq to your work assignment and departmental
standards. Shorts shall be worn with a belt or stitched -in waistband/belt and
shall be no shorter than one-half the distance between the knee and inseam.
B. No shirt may be worn that would disolav an inaoorooriate sloaan (i.e. druas sex.
andlanauaae).
C. Supervisors and/or Department UirectorE will retain the right to be the final
fudge of an ensemblethat may be auestionable.
D. Emohoyees sent from the workplace to chanae into proper attire will do so on
unpaid time.
SECTION 14.02 DRIVERS. LICENSE. An em-p—loye-e who drives or may drive a City
vehicle drives a oersonal vehicle on Citv business. or whose iob classification reauires a
driver's license must have a valid California drivers' license in his/her Dossession while at
work or on Citv business. e
vehicle the employee drives or may drive.
An Employee who drives or may drive vehicle on City business is reauired to reoorl
to his/her suoervosor on the first busoness day after there Os any ch n
may
invalid any lapse in his/her driver's license due to loss of license. suspension failure to
ass the test issuance of a temporary license Dending an administrative or other Woe of
hearinci by the DeDefti ent of Motor Vehicles -Those cited for driving under the influence
DU will reRQrt such citation heir supervisor no later than the next business day.
Failure to maintain a .valid license in the manner .prescribed above -may result in
discininnary actmon up to and includina
A. I n situations when licensina problems are due to physical reasons the Citv mai
hold a position open for up to one year if medical evidence indicates the oroblem
is resolvable within the one-vear oeriod. If a medical condition is oermanent and
precludes oualifvina for the necessary driver's license. the City will follow
applicable law.
B Employees reauired to have a commercial license e.. Class A or ED must renew,
their medical examination card as reauired by DMV. The Citv will oav the cost of
Formatted: Underline
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Deleted:
Fom
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Level: 1 + Numbering Style: A B, C
+ Startat: 1 +Alignment: Left +
Aligned a t 0.5" +Tab after: 0.75"
+ Indentat: 0.75", Tabs: Notat
0.75"
Deleted: as work attire as long as
■ the employee meets the above
standards
Formatted: Justified, Indent: Left:
0.5"
Formatted: Justified, Indent: Left:
0, Hanging: 0,5", Numbered +
Level: 1 + Numbering Style: A 6, C,
+ Start at: 1 + Alignment: Left +
Aligned at: 0.5" + Tab after: 0.75"
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0.75"
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Level: 1+NumberingStyle: A B, G
+ Startat: 1 +Alignment: Left +
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Deleted: Head
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Formatted: Justified
u", Formatted i ... [309
^; Formatted
v Deleted: <#>Violation of tlj
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m
Foratted: Underline
Fornr-aedt Umdblrrme
Deleted: , or potential change
Deleted: your
` Oeteted:. Faihse to renews
rD
ascribed
, failure to report
Formatted ...131411
Formatted: Justified
Formatted [315
these reauired examinations. Failure to maintain a current medical examiner's
card must be immediatelvreoorted to the suDervisor.
C. The Citv of Lodi particioates in the Pull Notice Program throuah the California
Department of Motor Vehicles (DMV) in order to monitor the drivel's license
status of employees in positions reauirino the ooeration of City vehicles in the
course of their duties. Deepartmen must advise Human .Resourcesif a part-time
emolovee or contract individual will drive during the course of emDloyment or
work with the City. Human Resources will verifv appropriate licensure, and enrol
the emolovee or contract individual in the CitVs DMV DUII program.
ECHON 14.04 EMPLOYEE ASSISTANCE PROGRAM. ur ose of the City of Lod's
employee program o ortuni
counselina reaardina oersonal and familymatters in order to promote personal stabili
and mob performance,
A. Upon emolovment all full-time regular emolovees theirs ouses and dependent
children are eligible to receive counseling services. This Drogram is a benefit
which orovides orofessional, confidential services addressing a wide varietv o
problems.
B Each emolovee and eliaible familymember is entitled free of charae. to three
(3) visits oer incident. Der family member. Any additional counseling might
supplemented by medical insurance.
SECTION 14.05 EMPLOYEE PERFORMANCE EVALUATION. The purpose of emplovee
performance evaluations is to: motivate emolovees to work at their hiahest ca achy by
better delineatina work resoonsibilities: iointly establish iob standards and obiectives
and review rens toward achievina those results and subseauently Dlan the
emdoyee's future develoornento determine an emoloyee's performance level to assist
makina appraisals do
prornotions. transfers, and disciplinary importantly, to serve as
means of communication between manaaernent and staff.
A. An emoloyee may appealthe nerformance evaluation with the Department
Director, and may file a written resDonse to the oerforrnance evaluation which
will be placed in his/her oersonnel file. Performance evaluations are not
grievable.
B. n E I r r Human Resources I
and be prepared by a supervisor as determined by the Department Director. I n
addition, oerforrnance evaluations may be conducted at soecified intervals or at
any time at the discretion of the DeoartmentD i rector.
The emnlnvee will receive and Sian their avahintinn anti the nriainal will l -
forwarded to Human Resourcesfor review by the Human Resources Manacles
and placement in the emolovees' oersonnel file. Each employee will receive a
coon of their evaluation. .
[Formatted: Justified
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0", 'Hanging: 0.5", Nunlbered +
- Level: 1 + Numbering Style: A S G
... +Start at: 1+Alignment: Ieft+
Aligned at: 0.5" +Tab after: 0.75"
+ Indentat: 0.75", Tabs: Notat
a75'
t, Deleted: validitiy
' Deleted: validity
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11 pt
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,(Deleted: DirectorDirector$
ustDirector
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Formatted
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Deleted: P.ersonnelevery ri 320 }
Deleted: thereafter until jg21L
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Formatted ...[32.
(Deleted: The first-line supef 323 _
Formatted I__j- 41I
Deleted: Personnel
Deleted: Personnel Director
Deleted: The second copy 1,,;`(325
SECTION 14.06 EMPLOYEE SEPARATION. An employee's failure to notify a suoervisor
of an absence or to arrive at his/her designated workplace for three 3 consecutive
business days as scheduled may be considered an unauthorized absence and/or an
abandonment of position. Such absence may be orocessed as an automatic resianatior
or be cause for disciplinary action LID to and including termination.
A. The following orocedures are applicable to cases of termination and resignation
after initial notification of such action has been received by the affected
department after the emolovee has submitted a signed resianation notice stating
the effective date and reason for leavina emolovment.
1. The responsible deaartment shall submit all oertinent documentation,
includina resianation notice or termination documents, and reauired
Personnel Action Form and Property Checklistto Human Resources.
2. Finance will determine leave balances.
3. Final checks are normally issued on the date of termination or 72 hours
after a resianation. Anv other arrangements must be made by the
emoloveethrouah Finance.
SECTION 14.07 FINGERPRINTING. The City of Lodi requires all employees, volunteer,'
olunteer;; ,
and contractual employees to be fingerprinted in compliance with current laws and as
part of the City's obligation for due diligence in screening people who work with children
and act on behalf of the City of Lodi,-jollowing the City's submission of fingerprints to
the Department of Justice a criminal history report is issued to Human Resources, The
City of Lodi will not hire any person or permit any person to employ or volunteer his/her
services who has been convicted of any offense identified in Penal Code Section 11105.3
("disqualifying violations").
where the exounaement is based on a findina of factual innocence.
SECTION 14.08_ HOLIDAY LEAVE. All full-time regular and probationary employees are -
eligible for holiday leave upon employment. Employees will receive a paid holiday if
they are in a paid status on the day before the holiday. Part-time, temporary, and
seasonal employees do not receive paid holidays.
[Formatted: Justified
Deleted: <#>The EmpkWw
Performance Report must be
fon. bled before each naerit mcrease
eligibility date.?
Deleted: delineate
Deleted: All resigning employees
sirdll sUbniR their resigrrdfron nMce
at least 2 weeks prior to the effective
date of separation in order to permit
adequate replacement arrangements
and to remain in good standing with
the City of Lodi after leaving.¶
Formatted: Justified, Indent:
Hanging: 05', Numbered + Level: 1
+ Numbering Style: A B, Q ... +
Start at: 1 +Alignment: Left+
Aligned at: 0.25" + Tab after: 0.5"
+ Indent at: 0.5", Tabs: Not at 0.5"
Formatted: Justified, Indent: Left:
0.75", Numbered + Level: 3 +
Numbering Style: 1, 2 3, ... + Start
at: 1+Alignment: Left +Aligned at:
1.13" +Tab after: 1.38"+ Indent
t:a138"TabsNotat 1.38"
. _
Formatted: Justified, Indent: Left:
0.75"
Formatted
Formatted: Justified
Formatted
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" Formatted —
„ I ... 328]
Deleted: 5
Deleted: full-time (including` „Igo
Deleted: ¶ 330]
Deleted: the
Deleted: Department
t Formatted; Justified
On January 1, of each calendar year, employees are credited with a specified number of.- Formatted: Bulletsand Numbering
floating holiday and fixed holidays, or a corresponding number of holiday hours
according to the appropriate memorandum of understanding or statement of benefits.
Employees hired after the first pay period of the year are credited with the veaes
remainina fixed holidays plus a prorated share of floating holidays for the
remainder of the calendar year. Employees separating from employment shall 1
be debited the fyced holidays and the prorated share of floating holidays for the LDeleted: o
remainder of the calendar year.
Holiday leave balance must be exhausted prior to the end of each calendar year,
and may not be carried into the following calendar year. Holiday hours may be
taken in quarter hour increments.
Formatted: Justified 1
Fixed holidays consist of a specified number of holidays observed each calendar year b y Formatted: Bullets and Numbering
the City of Lodi and the appropriate memorandum of understanding.
Holidays that fall during a regularly scheduled work day will be observed on that day.,
Holidays that fall on the first regularly scheduled day off shall be observed on the
preceding work day. Holidays which fall on any other regularly scheduled day off shall
be observed on the next regularly scheduled work day. The exception will be if the next
regularly scheduled work day is also a holiday in which case the first holiday will be
observed on the preceding work day.
The following circumstances pertain to fixed holidays.
Leave of Absence: I f a holiday falls while an employee is on a leave of absence without.
pay, the employee will not receive credit for the holiday. If a holiday falls while an
employee is on a leave of absence with pay, such that the employee is in a paid status
on the day before and the day after the holiday, he/she will receive credit or payment
for the holiday.
Vacation Leave: If a holiday falls during a scheduled vacation, the employee shall not.
be charged as using vacation leave for that day.
Sock Leave: When a holiday occurs on a day on which an employee is taking sick leave,
with pay, such employee shall not be charged as using sick leave for that day. The
employee's compensation for that day shall be a holiday.
(Formatted: Bullets and Numbering
-1 Formatted: Bulletsand Numbering j
Formatted: Bulletsand Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Hours worked on a fixed holiday as part of an employee's regular work schedule shall be, Formatted: Bulletsand Numbering J
compensated at the straight rate of pay plus the appropriate overtime rate of pay in
accordance with the terms and conditions of the appropriate memorandum of
understanding.
Floating holidays consist of a specified number of days the employee is permitted to bei i Formatted: Bulletsand Numberino
absent from work, the leave compensation of which is designated as Holiday Leave.
The scheduling of floating holiday leave is determined between the employee and
his/her Qepartment J21rector.
( Deleted: d J
Deleted: head
SECTION 1109 JURY DUTY/WITNESS SUBPOENA The City of Lodi does not discharge
Deleted:5
or in any manner discriminate against any employee for taking time off from his/her
regular duties to serve as required by law on an inquestjury or trial jury, or as a witness
in a court of law if such employee, prior to taking such time off, gives reasonable notice
that he/she is required to serve or appear.
All full-time regular employees are grantedjury duty leave with pay. An employee who,
Formatted: Bullets and Numbering J
is summoned to attend any court during the time regularly required for his/her
employment for the purpose of jury service shall be entitled, while so engaged and
actually serving, to his/her regular compensation in addition to any jury duty
compensation received from the court. Such leave shall not be charged to any of the
employee's existing leave balances.
No employee shall receive paid time off while such employee will be testifying np theiry
Formatted: Bulletsand Numbering
own behalf or as a witness in a court of law, except as a witness on behalf of the City of
Deleted: i
Lodi. An employee subpoenaed to appear in court on behalf of the City of Lodi, and/or
[Deleted: of oneself
connected with the employee's official duties, shall receive full compensation. Mileage
and/or subsistence allowances paid by the court shall be retained by the employee.
Notwithstanding the provisions of the appropriate memorandum of understanding, an-
Formatted: Bulletsand Numbering
employee engaged in jury service or as a witness, who is not required to be in
attendance at such jury duty or testimonial for more than one half of the employee's
normal working day is expected to return to his/her regular work assignment for the
balance of the day.
SECTION 1,.10 NEPOTISM. It is the policy of the City of Lodi not to discriminate in its
1
Deleted:5 J
employment and personnel actions with respect to its employees, prospective
[Formatted: underline
employees, and applicants on the basis of familial or marital status. No employee,
prospective employee, or applicant shall be denied employment or benefits of
employment on the basis of his or her familial or marital status. This policy applies to
the selection of persons for training programs leading to employment in addition to the
above -designated persons. The City of Lodi reservesthe right to reasonably regulatefor
reasons of supervision, security, or morale, the working of spouses, reaistered domestic
partners and relatives in the same department, division or facility.
The City of Lodi shall prohibit the initial appointment to a position within the City- ( Formatted: Justified, Indent: Left: I
of Lodi of any person or employee who has the status marjtal,, registered I O.T. Nobullets ornumberina 1
domestic Dartner or familial relationship with the Lodi City Manager, De u City, Deleted: t 1
Manager, City Attorney, or Human Resourcesl`lanager, members of the City of [Deleted: Assistant
Lodi Council and in the case of Library employees, members of the Library Board Deleted: Personnel
or thel.ibrary Services Director, Further, The City will prohibit the employment Deleted:Di
in that Department of any person who has status of marital, domestic Danner or nW - ! an, Librarian
familial relationship with the Department irD ector of that Department. DeWtedz- Head
Formatted: Justified
Marital status is defined as an individual's state of marriage, non -marriage, divorce or'
(Formatted: Bullets and Numbering
dissolution, separation, widowhood, annulment, or other marital state for the purpose of
Formatted: Bullets and Numbering
this anti -discrimination policy.
Formatted: Bullets and Numbering
Spouse is partner in marriage as defined in California Civil Code Section 4100.
� a P g •
Formatted: Font: (Default) Tahoma,
Il pt
Formatted: Justified, Indent: Left:
Familial status is defined as the state of an individual's specific relatives working for the-
o.s", No bullets or numbering
City of Lodi and shall include spouse, child, brother, sister, parent or parent -in-law.
Deleted: public safety dispatch,
Reaistered Domestic Partner status is a same-sex legal union formalized throw h a
—
Deleted: dispatchedreamstratmon
Secreta[y State's Office.
Deleted:
process with the of
Deleted: The provisions of this
The City of Lodi shall prohibit the initial appointment or advancement of any
paragraph shall not apply to part-time
employees who may supervise,
person or employee to any position within any department within the City of
dispatch or evaluate other part-time
Lodi, wherein that person so appointed or advanced would or may in any
employees.
manner or form, supervise, pr evaluate; or wherein that person would or may be
Formatted: Justified
supervised, pr evaluated by any person within the same department, where, in : ,`
Formatted: Justified, Indent: Left:
either event, there exists a marital, reaistered domestic partner, pr familial status
o.s°, No bullets or numbering
factor between said persons.
Deleted: each other
F.atted: Justified, Indent: Left:
I n the event two persons employed in the same City department marryori
7
become registered domestic partners and would thereby fall within the
Deleted: married
prohibitions listed in this policy, one of such employees shall be transferred to a
Formatted: Justified
comparable vacant position, if any exists, in another division or City department.
Deleted: s
• .
Formatted: Underline
If no comparable position is then vacant, the us bject employees may remain in
Deleted: I
their respective positions for up to six (6) months. If a conflict still exists at the(
Deleted:
end of six (6) months, the married employees may designate the one to be
inimical
}—
terminated, or the employee with less seniority will be terminated.
( Deleted: d
Deleted: head
SECTION 14.11_ .OUTSIDE EMPLOYMENT. Unless otherwise stated in an employmen ,
Deleted: A job which might be
contract it is the policy of the City that employees should not, because of their position,
;",, unsuitable for employees in one
department.
be unduly restricted in their private lives. The use of time outside City working hours
shall be unrestricted as long as the activities of the employees do not interfere, prove
Formatted: Underline
detrimental, or presenta conflictwith the employees' duties or to the City of Lodi.
Deleted: The following are
guidelines to be followed by those
employees who are in positions
A City employee shall not engage in any employment, activity or enterprise for
normally involving contact with the
compensation which is inconsistent, incompatible, in conflict with, or adverseto his/her
public:¶
duties as a City employee or with the duties, functions or responsibilities of such a ,' '
Deleted: I
Emphasize courtesy. Avoid "Yes" and
person's Department or or the department in which employed.
"No" answers; use person's name in
addressing if it is known, otherwise
Each instance of outside work by an employee shall be judged on its own merits,
Sir, etc.¶
Be Helpful. Be alert to detect lack of
particularly applied to the employee's function with the City.
understanding. Take time to clarify.
Be sure employee understands what
SECTION 14.12 .PUBLIC RELATIONS/MEDIA, m to ees approached b the media for ;+
€ .. p Y . pp Y
get
person wants. hersMakif matter
answer from others if matter is not
is n
information on City business operations should refer the individual to the appropriate
your function.¶
departmental media representative, or the City's Communication Specialist.
wherever with right pet. If poeoplessible, si
contact with right party. If possible,
conduct the person to proper
employee or, where possibiq_ L337
_1..
SECTION 14.13 TRAINING. The Citv encouracies Iraining opportunities for all of its
emdovees to insure that the services thev render for the Citv may be made more
effective. Human Resources shall familiarize new emolovees with the nature of the
Cfi1s benefitplans and emolovimentirmlicles and Droceduresas mandated by law.
An emolovee may not attend department soonsored traininas while on injury leave
unless authorized to do so by their treating h sician.
SECTION 14.14 VOTING TIME OFF — GENERAL DIRECT PRIMARY CR PRESIDENTIAL
ELECTIONS. All emolovees reaistered to vote take to two 2 hours time off
from work without loss of pay, to vote. Such time shall be scheduled either at the
beainnina or the end of his/her work dav, unless otherwise mutuallv aareed.
Most emolo ees of the City of Lodi will have sufficient time available outside of workin
hours in which to vote. However, if an emolovee believes it necessa to be released
from work for all or a oortion of the two 2 hours he/she should reauest time off in
writina to his/her su ervisor two 2 days before the election in order that arranaements
can be made for release. Such reauest shall include reasons for the release.
SECTION 14.15 WORKING HOURS. The Citv of Lodi will establish and post its normal
business hours. Deciartments andtheir divisions mayvary from these hours n
relative to the services they provide to the citizens of Lodi with the aooroval of the City
Manaaer.
The work Dedod is an established and re ularly recurrina oeriod of work which under
the terms of the FLSk cannot be less than 7 consecutive da nor more than 28
consecutive days. Except for this limitation the work Deriod can be of anv lenath. and it
need not coincide with the duty cycle or pay oeriod or with a particular dav of the week
or hour of the day. Once the beciinninq and ending time of an employee's work oeriod
is established however, it remains fixed reaardless of how manv hours are worked
within the oeriod. The besinnina and endina of the work oeriod may be changecL
Work ' A work dav shall be thetime worked within a designated24-hour oerio
12:00 a.m. to 12:00 a.m.) such that an emolovee oerformshis/her duties in accordance
with the dutv cvcle established by his/her deoartment.
Breaks and Meal Periods: Subiect to the Drovisions of the appropriate memorandum of
determined h i r i n of the DeciartmentDirector. Such determination shalI
include but not be limited to consideration such as workload distribution among
emolovees. workload priorities, and departmental oriorities and shall not exceed six
60 minutes in duration durino an emolovees business dav without a suoervisors
aooroval.
Breaks r considered im by the iv. If woroved. breaksshall not x 1
Deleted: and promotes
Formatted: underline
Deleted: The purpose of this policy
is to develop maximum efficiency in
the performanceof official duties
through the provision of employee
training in their official duties and by
assisting them in the fulfillment of
their broad duties and responsibilities.t
1
The City's training philosophy is
designed to:¶
Promote an operational philosophyof
workers as the City's most important
resource and hence supports I ife long
learning for all employees; ¶
Provide a fully supported education
and developmentprogram basedon
the businessneeds of the City;¶
Help City employeesdwelop and
enhancetheir Aills and abilitiesto
meet the numerous functions and
responsibilities relating to theirjobs
and to provide opportunities for
career dwelopment and upward
mobility.¶
Supportthe values of improving
flexibility, quality, diversity,
empowerment,
efficiency/effectiveness and
organizational support.¶
1
The City's training program shall be a
cooperative approach to continuous
organizational and individual
improvement. The Personnel Director
shall assist Department Heads, shall
encourage the developmentof
departmental and interdepartmental
training programs designed to meet
training needs and to preparefor
promotionto positions of greater
responsibility.$
I
Formatted: Justified
Deleted: Department Heads or their
representativesshould familiarize new
employees with their obligations and
rights and also inform them of the
function of City government[
Formatted: underline
Formatted: Justified
Formatted: underline
Deleted:, provided thatthischange
is intended to be permanentand is
not designed to evade overtime
Deleted: Federal and State laws do
not require public employers to
provide breaks and meal periods.
Deleted: Head
Subiect to the provisions of the approoriate memorandum of understanding and
applicable law, meal periods shall not be considered paid time and shall not exceed
sixtv (60) minutes in duration durina an employee's business day.
SECTION 14.16 CUSTOMER SERVICE. Employees are expected to be polite, courteous
rom t and attentive to every customer. If an em to ee encounters an uncomfortable
situation or abusive customer that he or she does not feel caoable of handlina a
supervisor or manager should be called immediately.
Never reaard a aasbmees auestion or concem as an interruption or an annoyance. We
are a service business and must remember that the customer comes first. Our
customers are to be treated courteously and given proper attention and respect at all
tires.
END
November 16, 1994
RESOLUTION NO. 2010-175
A RESOLUTION OF THE LODI CITY COUNCIL
AMENDING THE CITY OF LODI'S RULES FOR
PERSONNEL ADMINISTRATION
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WHEREAS, the City of Lodi has revised and updated the Rules for Personnel Administration
to ensure they remain compliant with applicable laws and regulations, provide staff with constructive
guidelines to manage personnel operations, and are reflective of current Human Resources
practices and processes.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve an
amendment to the City's Rules for Personnel Administration to include the following:
• Article 4: Emplovee Compensation. A new Article setting forth the City's overtime policy
and the requirement for employees to complete timesheets.
• Article 7: Recruitment. Restructure the City's recruitment process in relation to applying for
a position, disqualification of applicants, and rating categories following the interview/test.
• Article 8: Eligibility Lists. Modify the duration of eligibility lists from two years to one year.
• Article 9: Appointments. Describe the employment background investigative process,
including those procedures to be completed prior to a Conditional Job Offer, and those to
complete after a Conditional Job Offer.
• Article 12: Disciplinary Procedures. Expand criteria to be considered in determining
type/level of disciplinary action. Also, makes decisions of the Personnel Board of Review
advisory, rather than binding, on the City Manager. As revised, the City Manager's decision
will be final and binding in all disciplinary actions.
• Article 14: Employee Requirements. A new Article addressing the following subjects:
Customer Service
Employee Assistance
Program
Fingerprinting
Nepotism
Training
Dress Code
Employee Performance
Eval uation
Holiday Leave
Outside Employment
Voting Time Off
Drivers License
Employee Separation
Jury Duty/Witness Subpoena
Public Relations/Media
Working Hours
BE IT FURTHER RESOLVED that a copy of the amended Rules for Personnel
Administration are attached hereto as Exhibit and incorporated herein by this reference.
Dated: October 6, 2010
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hereby certify that Resolution No. 2010-175 was passed and adopted by the Lodi City
Council in a regular meeting held October 6, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS – Hansen, Hitchcock, Johnson, Mounce, and
Mayor Katzakian
COUNCIL MEMBERS – None
COUNCIL MEMBERS – None
COUNCIL MEMBERS – None
2010-175
qE��—
ANI JOHL
City Clerk
RULES FOR PERSONNEL ADMINISTRATION
TABLE OF CONTENTS
ARTICLES/SECTION PAGE
ARTICLE 1 PURPOSE
Sec. 1.01 Purpose of These Rules
ARTICLE 11: DEFINITION OF TERMS 2
Sec. 2.01 Definitions
ARTICLE 111: GENERAL PROVISIONS 6
Sec. 3.01 Personnel Policy
Sec. 3.02 Equal Opportunity Employer
Sec. 3.03 Powers of the City Manager
Sec. 3.04 Department Rules and Regulations
Sec. 3.05 Application of Personnel Rules
Sec. 3.06 Adoption of Personnel Rules
Sec. 3.07 Amendment and Revision of Personnel Rules
Sec. 3.08 Conflict of Personnel Rules
Sec. 3.09 Rights of Management
ARTICLE IV: EMPLOYEE COMPENSATION 9
Sec. 4.01 Overtime
Sec. 4.02 Timesheets
ARTICLE V: CLASSIFICATIONS 13
Sec. 5.01 Preparation and Maintenance of Classifications
Sec. 5.02 Adoption of Classifications
Sec. 5.03 Allocation of Positions
Sec. 5.04 Flexibly Staffed Classes
Sec. 5.05 Job Description/Job Descriptions
Sec. 5.06 Interpretation of Job Description
Sec. 5.07 Official use of Class Title
Sec. 5.08 Reclassification
Sec. 5.09 Status of Incumbents in Reclassified Positions
Sec. 5.10 Procedure for Reclassification of Incumbents
ARTICLE VI: SALARY SCHEDULE 14
Sec. 6.01 Preparation of Salary Schedule
Sec. 6.02 Adoption of Salary Schedule
Sec. 6.03 Salaries
ARTICLE VI I: RECRUITMENT 15
Sec. 7.01 Recruitment Announcement
Sec. 7.02 Applications for Employment
Sec. 7.03 Citizenship of Applicants
Sec. 7.04 Disqualification of Applicants
Sec. 7.05 Applicants with Felony or Misdemeanor Convictions
Sec. 7.06 Access to Criminal Records by Human Resources
Sec. 7.07 Recruitment Process
Sec. 7.08 Ratings
Sec. 7.09 Protest of Application Rejection or Results of Recruitment Process
Sec. 7.10 Recruitment Records
Sec. 7.11 Postponement and Cancellation of Recruitment
Sec. 7.12 Limited Recruitment
Sec. 7.13 Fees for Recruitments
ARTICLE VI I I: ELIGIBLE LISTS
Sec. 8.01 Establishmentof Eligible Lists
Sec. 8.02 Duration of Eligible Lists
Sec. 8.03 Substitution of Eligible Lists
Sec. 8.04 Eligible Lists Resulting from Continuous Recruitment
Sec. 8.05 Reemployment Lists
Sec. 8.06 Reinstatement
Sec. 8.07 Availability of Eligibles
Sec. 8.08 Removal of Names from Eligible Lists
ARTICLE IX: APPOINTMENTS
Sec. 9.01
Appointments and Promotions
Sec. 9.02
Request to Fill Vacancies
Sec. 9.03
Selection of Employees
Sec. 9.04
Temporary Appointments
Sec. 9.05
Temporary Promotion
Sec. 9.06
Employee Oath of Office
Sec. 9.07
Proof of Citizenship or Legal Residency
ARTICLE X: PROBATIONARY PERIOD
Sec. 10.01 Purpose of Probationary Period
Sec. 10.02 Length of Probationary Period
Sec. 10.03 Rejection During Probationary Period
ARTICLE XI: CHANGES IN EMPLOYMENTSTAUS
fi 0
21
23
24
Sec.
11.01
Attainment of Status as a Regular/Full-time Employee
Sec.
11.02
Status of Employee Following Promotion
Sec.
11.03
Transfer of an Employee
Sec.
11.04
Demotion of an Employee
Sec.
11.05
Voluntary Return to Former Position after Promotion, Demotion, or Transfer
ARTICLE XI I: DISCIPLINARY PROCEEDINGS
Sec. 12.01 Policyfor Disciplinary Proceedings
26
Sec.
12.02
Persons Who May Take Disciplinary Action
Sec.
12.03
Considerations in the Determination of Type of Disciplinary Action
Sec.
12.04
Types of Disciplinary Action
Sec.
12.05
Notice of Disciplinary Action
Sec.
12.06
Process of Disciplinary Action
Sec.
12.07
Appeal of Disciplinary Action
ARTICLE XIII: APPEAL TO THE RULES FOR PERSONNEL ADMINISTRATION
Sec. 13.01 Right of Appeal
ARTICLE XIV: EMPLOYEE REQUIREMENTS
Sec.
14.01
Dress Code
Sec.
14.02
Drivers License
Sec.
14.04
Employee Assistance Program
Sec.
14.05
Employee Performance Evaluation
Sec.
14.06
Employee Separation
Sec.
14.07
Fingerprinting
Sec.
14.08
Holiday Leave
Sec.
14.09
Jury Duty/Witness Subpoena
Sec.
14.10
Nepotism
Sec.
14.11
Outside Employment (Moonlighting)
Sec.
14.12
Public Relations/Media
Sec.
14.13
Training
Sec.
14.14
Voting Time Off — General, Direct, Primary, or Presidential
Sec.
14.15
Working Hours
Sec.
14.16
Customer Service
31
ARTICLE
PURPOSE
SECITON 1.01 PURPOSE OF THESE RULES
By adopting these Rules for Personnel Administration, the City Council hereby
establishes in accordance with the provisions of Ordinance No. 474, an equitable
and uniform procedure for dealing with personnel matters and to place municipal
employment on a competitive merit basis such that the best qualified persons
available are brought into and retained in city service.
B. Appointments and promotions in the classified service of the City shall be made
according to merit and from eligible lists to be established in accordance with
these Rules.
Individuals are assured of impartial treatment either as an applicant or employee
in all respects of personnel administration without regard to political affiliation,
race, religion, color, sex, age, marital status, national origin, physical or mental
disability, ancestry, veteran status, medical condition, sexual orientation or any
other basis prohibited by law, and with proper regard for their privacy and
constitutional rights as citizens.
D. Employees shall be notified of proposed changes to these Rules sixty (60) days
prior to submittal to the City Council by written or electronic notice to each
department and posted on the City Hall Bulletin Board.
Violation of the provisions of the Rules constitutes grounds for dismissal or other
disciplinary action deemed appropriate by the appointing authority.
ARTICLE II
DEFINITION OF TERMS
SECTION 2.01 DEFINITIONS: The following terms used in these Rules shall have the
meaning hereinafter designated, unless from the context hereof it clearly appears that a
different meaning is intended,
Allocation. The official assignment of an individual position to its appropriate class on
the basis of the duties performed and the authority and responsibilities exercised.
Applicant. A person who has submitted a complete application for employment with the
City in accordance with these Rules. The term does not apply to a person who has
indicated orally or in writing interest in employment or has filed an interest card for
employment.
Appointing Authority. The person or persons having lawful authority to appoint or
remove persons from positions in the City in accordance with Ordinance No. 474.
Appointment. The offer of and acceptance of a position in the City service in
accordance with these Rules.
At -Will Service. The service of an employee which does not provide a legal right to
continued employment, and who therefore may be disciplined or discharged with or
without cause for any non-discriminatory reason and without the right of appeal.
Authorized Position. A full-time position authorized by the City Council.
Budqeted Position. An authorized full-time position for which funds are appropriated.
Business Dav. The days in which City Hall is in operation.
Certification. The submission by Human Resources of names of eligibles from an
appropriate eligible list to an appointing authority in accordance with these Rules.
Com. The City of Lodi, California.
Class or Classification. Position or group of positions, with duties, authorities and
responsibilities of which are sufficiently similar so that the same descriptive title,
examples of duties, recruiting standards, and compensation can be applied.
Classification Plan. The current schedule of classes established by the City Council, class
specifications, assigned salaries, and the procedures for maintaining the plan.
Classified Service. All employees except for the following: elected officials, officers
appointed by the City Council, Department Directors, members of appointed boards,
commissions and committees, persons engaged under contract to render professional,
scientific, technical or expert services; and part-time, seasonal or temporary employees.
Continuous Recruitment. A recruitment conducted for an unlimited amount of time
subject to close when a sufficient number of applications have been received or when a
position has been filled.
pay. A calendar day unless otherwise designated.
Demotion. The movement of an employee from one class to another class having a
lower salary range.
Eligible. A person whose name is on a current employment, reemployment or
reinstatement list.
Eligible List. A list of eligibles established by competitive recruitment who may be
considered for employment with the City under specific conditions set forth in these
Rules.
Emplovee. A person occupying a classified or unclassified position in City Service.
Exempt Emplovee. Employees who are not entitled to overtime compensation under the
Fair Labor Standards Act (FLSA) because of their status as Executive, Administrative or
Professional employees, as those terms are defined by the FLSA and related regulations.
Flexibly Staffed. The procedure by which an employee may be promoted to the next
level of staffing within a job series without a competitive recruitment process.
Full-time Employee. See definition for Regular/Full-time employee.
Job Description. A written statement of the general duties of a classification and the
minimum qualifications required to perform them.
Layoff. The involuntary separation of one or more regular/full-time employees from the
work force occasioned by the abolishment of a position or positions or the reduction in
number of employees in a given class. Layoffs can arise from including, but not limited
to, a reorganization, reassignment, service level adjustment, lack of work, or lack of
funds.
Memorandum of Understandinq. A document describing a bilateral or multilateral
agreement between the City of Lodi and a recognized bargaining unit. For Executive
Management and Fire Mid-Managementthis would be the Statement of Benefits.
Merit. A system where personnel decisions, including hiring, evaluation, promotion and
discipline, are based solely on employee's ability, knowledge, skills, education,
experience, performance and qualifications.
Non -Exempt Employee. Employees who are entitled to overtime under the FLSA and
related regulations. Non-exempt employees' pay is calculated on an hourly basis.
Open Recruitment. A competitive recruitment for a particular class in which all those
applicants who meet the qualifications for the class may participate, whether or not they
are employed by the City.
Oral Reprimand (Oral Warning). A verbal statement to an employee, usually by the
supervisor, pointing out an unsatisfactory element of job performance. An oral
reprimand (oral warning) is intended to be corrective or cautionary.
Overtime. Employees working overtime shall be paid in increments of 15 minutes. Time
within any 15 minute increment shall be rounded off, with 0-7 minutes adjusting back to
the preceding increment and 8-15 minutes adjusting forward to the next increment.
Therefore, overtime shall be compensated in increments of 15 minutes at a rate of time
and one-half.
Part-time Employee. A person hired less than full-time.
Personnel Board of Review. The board shall hear appeals by any person in the classified
service relative to any situation involving the employees' status or conditions of
employment, including disciplinary matters.
Personnel File. The official personnel file maintained in Human Resources by paper or
electronic form
Position. A combination of job duties and responsibilities assigned to a single class and
normally performed by an employee.
Probationary Employee. An employee who has been appointed from an eligible list to a
regular/full-time position but has not completed the probationary period.
Probationary Period. An extension of the recruitment process to include a specified work
test period during which an employee serves at will and may be terminated for any non-
discriminatory reason (only in regards to terminations).
Probationary Release. The separation of an employee from City service during the
probationary period with or without cause. An employee released during the
probationary period from a position to which he/she has been promoted shall be
reinstated to the position from which he/she was promoted, unless he/she is dismissed
from the service of the City for cause.
Promotion. The movement of an employee from one class to another class with a
higher maximum salary range.
Promotional Recruitment. A competitive recruitment for a particular class which may be
taken only by regular/full-time and probationary employees of the City who meet the
requirements set forth in the recruitment job announcement.
Provisional Appointment. The temporary appointment of an individual, who possesses
the appropriate minimum qualifications, to a regular/full-time authorized and budgeted
position pending the establishment of an eligible list.
Reclassification. The change in the assignment of a position from one existing class to a
new class or another existing class. The reclassification shall be effective upon approval
by the City Council.
Recruitment Test. The recruitment technique used to measure the knowledge, skills and
abilities of applicants.
Recruitment/Test Score/Ranking. The score or ranking used to establish an applicant's
placement on an eligible list. The final score or ranking may be computed from a
combination of tests from various parts of the recruitment process.
Reemployment List. A list of names of former regular/full-time employees who have
been laid off from a class, with the most recent layoff at the top of the list for
reemploymentto that class.
Regular/Full-time Employee. An employee hired from an eligible list who has
successfully completed the probationary period for a position and occupies a budgeted
position in the classified service. A regular/full-time employee is one hired into a
regular/full-time position.
Reqular/Full-time Position. A budgeted position established by the City Council that is a
part of the classified service.
Reinstatement. The rehiring of a separated employee to the same classification held
during employment with the city.
Resignation. The voluntary separation of an employee from employment with the City.
Salary. The pay rate established for the position for the performance of duties in a
position in a range and steps established in accordance with a Memorandum of
Understanding or Salary Schedule.
Salary Range. A series of salary steps for a position within the Salary Schedule.
Salary Schedule. A set of base salary rates assigned to specific classes of positions.
Senioritv. The status, priority, or precedence achieved by length of service, as in a
given job.
Supervisor. An individual authorized to assign and evaluate the work of another
employee. Every employee is assigned an immediate supervisor, though, they may
receive direction from other supervisors and/or managers.
Supervisory File. A written or electronic file maintained by the department to be used to
generate the performance appraisal.
Temporary Employee. A person hired for a limited period of time.
Termination. The involuntary separation of an employee from City service.
Transfer. The movement of an employee from one position to another position in the
same class or in a comparable class.
Unclassified Employee. Officers of the City Council, Department Directors, and part-time
seasonal or temporary employees.
Vacancy. A position in City service which is not occupied.
Written Reprimand. A cautionary or corrective written notice to an employee with a
copy to his/her personnel file informing the employee of an action on his/her part which
is the cause for disciplinary action.
Y -Rate. The action of "freezing" the salary of an employee when such salary exceeds
the maximum rate authorized in the Salary Schedule for the class of said employee.
ARTICLE III
GENERAL PROVISIONS
SECTION 3.01 PERSONNEL POLICY. I n accepting employment with the City each
employee agrees to be governed by and to comply with ordinances, these Rules, the
administrative policy and procedure manual, the rules, regulations and directives of the
department in which employed, and the memorandum of understanding in effect
between the City and the appropriate employee organization. Violation of the provisions
of these Rules shall be grounds for disciplinary action, up to and including dismissal.
SECTION 3.02 EQUAL OPPORTUNITY EMPLOYER. The City of Lodi is an equal
opportunity employer and is committed to a policy of fair employment practices
regardless of race, color, ancestry, national origin, religion, sex or sexual orientation,
marital status, age, mental or physical disability or perceived disability, medical
condition, pregnancy, political affiliation or belief, or other unlawful discrimination.
AMERICANS WITH DISABILITYACT - I n compliance with the Americans with Disabilities
Act and Section 504 of the Rehabilitation Act, the City of Lodi provides reasonable
accommodation for qualified individuals with disabilities.
SECTION 3.03 POWERS OF THE CITY MANAGER.
A. Except for the Library Services Director, which is governed by the Library Board
under the Education Code, Sections 18900-18955, the City Manager is the chief
administrative officer and the head of the administrative branch of the City
Government. Whenever the term "City Manager" is used in these Rules, it shall
include the City Manager or any person designated by him/her to carry out any
function required by these Rules. When any officer or employee other than the
City Manager is assigned a duty or responsibility under these Rules, such
assignment is subject to the direction and control of the City Manager, and the
City Manager shall have the right to perform such duty or responsibility or to
assign it to any other officer or employee.
B. Subject to Ordinance No. 474, and the Rules for Personnel Administration, the
City Manager has the power and authority to:
Establish, when not in conflict with these Rules, such other policies,
procedures, rules and regulations necessary for the control and
supervision of the affairs of the City;
2. Hire, transfer, promote, demote, reemploy, reinstate, discipline, layoff,
reduce in salary, suspend, or dismiss City employees and Department
Directors, except for those officers appointed by the City Council or the
Library Board of Trustees.
C. The City Manager shall interpret, apply, administer and enforce the provisions of
these Rules, any ordinances or resolutions relating to personnel matters, the
employer-employee relations resolution, the memoranda of understanding, and
any other pertinent regulations, directives and policies which relate to the City's
personnel system.
SECTION 3.04 DEPARTMENT RULES AND REGULATIONS. Department Directors may
develop, implement as necessary any departmental policies, procedures, rules and
regulations pertaining to unique operational requirements and their effect upon
departmental personnel as are needed for the full performance of duties and
responsibilities and which are not contrary to these Rules, the employer-employee
relations resolution, the memoranda of understanding, and other pertinent regulations.
SECTION 3.05 APPLICATION OF PERSONNEL RULES. These Rules shall apply to all City
employees and positions in the classified service except for the following:
A. Elected officials;
B. Members of appointed boards, commissions and committees;
C. Persons engaged under contract to render professional, scientific, technical or
expert services for a definite period of time;
D. Volunteer personnel who receive no regular compensation from the City;
E. Where a particular rule or article expressly states it does not apply to certain
employees and/or positions, or applies to certain employees and/or positions.
SECTION 3.06 ADOPTION OF PERSONNEL RULES. The personnel rules shall be
established by resolution adopted by the City Council.
SECTION 3.07 AMENDMENT AND REVISION OF PERSONNEL RULES. Proposed
amendments to/or revisions of the Personnel Rules shall be submitted to the City
Council in writing by the Human Resources Manager after approval of the City Manager.
SECTION 3.08 CONFLICT OF PERSONNEL RULES. I n the event that one or more
provisions of these Rules contradict provisions included in the applicable memorandum
of understanding the terms of the memorandum of understanding shall prevail. If there
is a conflict between these Rules and a state or federal law, that law prevails. If there is
a conflict between these Rules and an administrative regulation, these Rules prevail.
SECTION 3.09 RIGHTS OF MANAGEMENT. The adoption of these Rules shall not be
deemed a waiver or surrender of any management prerogative in relation to the
organization or the necessity of any department or position.
ARTICLE I V
EMPLOYEE COMPENSATION
SECTION 4.01 OVERTIME. All overtime must be authorized by the appropriate
supervisor and recorded on the employee's time card. Employees working overtime
shall be paid in increments of 15 minutes. Time within any 15 minute increment shall
be rounded off, with 0-7 minutes adjusting back to the preceding increment and 8-15
minutes adjusting forward to the next increment. Therefore, overtime shall be
compensated in increments of 15 minutes at a rate of time and one-half.
SECTION 4.02 TIMESHEETS. All employees are required to submit a timesheet to their
supervisor which records an employee's actual work and leave hours in a payroll period.
ARTICLE V
CLASSIFICATIONS
SECTION 5.01 PREPARATION & MAINTENANCE OF CLASSIFICATIONS.
A. The Human Resources Manager shall have the responsibility to recommend the
establishment of new classes, or the combination, alteration or abolishment of
existing classes to insure the efficient and equitable operation of the
classification plan.
B. The Human Resources Manager shall ascertain and record the duties and level of
responsibilities of all positions in the City and develop/maintain a classification
plan for such positions.
C. The classification plan may contain classes to which there are no current
allocations of positions in order to provide for future organizational growth or
changes in organizational structure.
SECTION 5.02 ADOPTION OF CLASSIFICATIONS. The City Council may create new
classes and revise, or abolish existing classes of positions in the City sewice.
SECTION 5.03 ALLOCATION OF POSITIONS. The allocation of a position to a class shall
be authorized by the City Council as recommended by the Human Resources Manager
after study of the duties and responsibilities of the positions. Positions shall be included
in the same class if:
A. The positions are sufficiently similar in respect to duties, authority and
responsibilities that the same descriptive title may be used; and
B. Substantially the same education, experience, knowledge and ability are
demanded of incumbents; and
C. Substantially the same capacities and fitness tests may be used in choosing
qualified appointees.
SECTION 5.04 FLEXIBLY STAFFED CLASSES. The Human Resources Manager may
recommend the arrangement of various classes of positions into flexibly staffed series
when, in the judgment of the Human Resources Manager and the appropriate
Department Director, the classes are similar or closely related enough in requirements,
duties and responsibilities.
SECTION 5.05 JOB DESCRIPTION/JOB DESCRIPTIONS. The Human Resources Manager
shall prepare and maintain a written specification for each class in the City sewice. Each
job description shall set forth at a minimum the title of the class, a definition of the
class, examples of the typical duties performed by positions within that class, and a
statement of qualifications necessary to perform the duties of that class.
A. Qualifications shall be revised as the need arises.
B. Personal qualifications commonly required of all incumbents of positions, such as
acceptable physical condition, honesty, sobriety, amenability to supervision, and
willingness to work cooperatively with others, the ability to comprehend and
communicate in the English language, to follow written and oral instructions,
shall be implied as qualifications required for every class even though such traits
may not be mentioned specifically in the job description.
C. Where a position requires an employee to drive either a City -owned or privately -
owned vehicle on official City business, such employee must possess and
maintain the appropriate valid California operator's license. When driving a
privately -owned vehicle the vehicle must be insured according to state law.
D. Where a position requires an employee to have a certificate, license, permit or
registration, such employee must possess and maintain a current certificate,
license, permit or registration on file with Human Resources.
SECTION 5.06 INTERPRETATION OF JOB DESCRIPTION. The job descriptions are
general in nature and discuss the duties, tasks, responsibilities, and qualifications
required within each classification.
SECTION 5.07 OFFICIAL USE OF CLASS TITLE. A position shall be identified by class
title in all official personnel and budget records and transactions.
SECTION 5.08 RECLASSIFICATION. Whenever a material change in duties or
responsibilities of any existing position in the City service occurs the Human Resources
Manager, upon a request of the Department Director, the City Manager, or an employee,
may review the duties of the affected position.
SECTION 5.09 STATUS OF INCUMBENTS IN RECLASSIFIED POSTIONS. Whenever
reclassification occurs, the incumbent may be retained in the position after it has been
reclassified without further competitive recruitment when:
A. The reclassification results from an official recognition of a change in duties and
responsibilities which has already occurred for a significant period of time,
normally one year; and
B. The incumbent possesses the knowledge, skills, abilities and experience required
of the different class.
SECTION 5.10 PROCEDURE FOR RECLASSIFICATION OF INCUMBENTS.
A. A written request is forwarded to the Human Resources Manager for a
classification study to be conducted on a position. Such request shall include
supporting evidence/information justifying the study. The Human Resources
Manager shall determine if the classification study is warranted.
B. The Human Resources Manager shall determine whether the reclassification of a
position constitutes a downward, lateral or upward movement of the position
relative to its current allocation. The following actions prevail with regard to
each of the following kinds of changes:
1. Downward. The incumbent may accept a demotion to the reallocated position
or be reassigned to a vacant position in the same class and retain regular/full-
time status.
2. Lateral. The incumbent will remain unchanged in the class to which the
position is reallocated.
3. Upward. Upward reclassifications are discussed in Section 5.09. Upward
reclassifications require City Council approval.
C. The Human Resources Manager shall recommend to the City Manager
appropriate action to be taken regarding the incumbent whose position is being
reclassified.
D. An employee may appeal a reclassification according to the following procedure:
1. The appeal shall be submitted in writing to the Human Resources
Manager, within fifteen (15) business days of the date of notification of
action.
2. The Human Resources Manager shall respond in writing within fifteen
(15) business days of the date of receipt of the appeal.
3. If the appeal is not settled in step 2 prior to council action the employee
may submit a written appeal to the City Manager within fifteen (15)
business days of the date of the response by the Human Resources
Manager.
4. The City Manager shall respond in writing within fifteen (15) business
days of the date of receipt of the appeal. The decision of the City
Manager shall be final and binding, except as to upward reclassifications
which require City Council approval.
ARTICLE VI
SALARY SCHEDULE
SECTION 6.01 PREPARATION OF SALARY SCHEDULE. Human Resources shall prepare a
salary schedule for all classes in the classified and unclassified City service. The
development and implementation of the salary schedule shall include, but not be limited
to, the following considerations:
A. Enabling the recruitment of qualified employees;
B. Encouraging employee retention;
C. Recognizing salary trends in other governmental agencies and private industry;
D. Observing the principle of equal salary for equal work;
E. Recognizing differences in minimum requirements and responsibilities relative to
the classification plan;
F. Providing incentives for employee work performance and job development;
G. Supporting the internal equity and alignment of the classification plan.
SECTION 6.02 ADOPTION OF SALARY SCHEDULE. Salary range increases (including
changes negotiated through Memoranda of Understanding) will be amended by
resolution adopted by the City Council, Each class in the classified and the unclassified
services shall be assigned to the Salary Schedule.
SECTION 6.03 SALARIES. All salary rates prescribed shall be fixed on the full-time
service in full-time positions, unless otherwise designated.
A. An employee shall be appointed at the minimum rate for the class, except when
the Department Director believes it is necessary to make an appointment or
reinstatement to Step B of the Salary Schedule. Authorization for appointment
above Step B of the Salary Schedule must be obtained from the City Manager. I n
reviewing such requests, consideration will be given to exceptionally high
qualifications of the candidate, the candidate's salary history and outstanding
experience, the availability of qualified applicants, and the resulting salary
relationships with similar positions.
B. Upon promotion, the employee shall be assigned within his or her new position
at a level which represents at least a 5% increase or the maximum range,
whichever is lower. No such increase may exceed the maximum pay designated
for the position to which the employee is promoted. An employee so promoted
shall be assigned a new anniversary date (with respect to evaluations and step
increases) corresponding to his or her appointment to the new position.
C. Upon demotion, an employee shall be assigned to the lower salary range, at the
step that is below their current rate of pay. In the event of a disciplinary
demotion, they shall be assigned to the step as determined through the
disciplinary process. An employee so demoted shall be assigned a new
anniversary date with respect to evaluations and step increases, corresponding
to his or her appointment to the new position.
ARTICLE V I I
RECRUITMENT
SECTION 7.01 RECRUITMENT ANNOUNCEMENT.
A. All appropriate requisition forms must be received by Human Resources prior to
announcement of a recruitment. Human Resources shall prepare an
announcement of any proposed recruitment and place it in public view in such
places and by such means as to attract qualified applicants.
B. The recruitment announcement shall contain pertinent information about the
position, which may include the title, a statement that the City is an equal
opportunity employer, and job responsibilities, qualifications, and the general
selection process to be used.
C. Dates specified in any recruitment announcement may be extended, postponed
or canceled by the Human Resources Manager if such action is necessary or
expedient to the needs of the City.
SECTION 7.02 APPLICATIONS FOR EMPLOYMENT.
A. Applications for employment with the City shall be made on official application
forms or the official application process (via the online recruitment system)
available from Human Resources. A separate application must be submitted for
each position for which an applicant applies.
B. The application shall contain the original signature of the applicant in the space
provided on the application, or the electronic signature via the online recruitment
system, and be received in Human Resources on or before the announced final
filing date and time.
C. Applicants may be required to furnish certified copies of any diploma, license or
any other accreditation or certification required to meet the qualifications
established for the recruitment of which the applicant claims to hold.
D. During the course of the employment process, information presented on an
application may be verified and supplemented by investigations which may
include, but not be limited to, the employment record, character and personal
history of the applicant. Incomplete or inaccurate applications are rejected and
the applicant is not eligible for consideration for that position.
E. All application materials shall become the property of the City and are considered
part of the recruitment process.
SECTION 7.03 CITIZENSHIP OF APPLICANTS. Employment is open to qualified persons
who are citizens of the United States and to qualified persons who are not citizens of the
United States but who have complied with state and federal laws defining the eligibility
of non-citizensfor employment in state and local government.
SECTION 7.04 DISQUALIFICATION OF APPLICANTS. The Human Resources Manager
may disqualify any applicant from consideration, either before or after a recruitment, for
a number of reasons to include, but not be limited to, the following:
A. The applicant is lacking in any of the qualifications or requirements established
for the recruitment, or set forth in the Job Description for the class for which
he/she is applying, or in these Rules.
B. The applicant fails to follow written or oral direction, is disruptive during the
recruitment process, fails to appear promptly at the time and place designated
for any portion of a recruitment, or fails to reply within a reasonable time to
communications concerning availability for employment.
C. The applicant has made false statement(s) of material fact(s), or practiced or
attempted to practice deception or fraud in his/her recruitment, or in securing
eligibility for appointment.
D. The applicant used or attempted to use personal political influence or pressure,
or bribery, to secure an advantage in a recruitment or appointment.
E. The applicant did not successfully pass all aspects of the recruitment process,
which may include but not be limited to, a criminal history, credit verification,
and a drug and alcohol test or physical examination.
F. The applicant is unable to perform the essential functions of the position with
reasonable accommodations.
SECTION 7.05. APPLICANTS WITH FELONY OR MISDEMEANOR CONVICTIONS.
Convictions including pleas of guilty and nolo contendere of a felony or of any
misdemeanor on the part of the applicant or eligible will be reviewed individually by the
Human Resources Manager as to determine the standing or removal of the name of an
eligible from any employment list. Applicants with convictions listed by State law shall
be ineligible for positions with supervisory or disciplinary responsibilities over minors.
SECTION 7.06 ACCESS TO CRIMINAL RECORDS BY HUMAN RESOURCES. I n order to
further the objectives set forth in these Rules and as authorized by the California Penal
Code Section 11105b(10) and 13300(b)(10), Human Resources is hereby authorized to
have access to and utilize criminal history record information on file with the State of
California Department of Justice and/or local law enforcement agencies when it is
necessary for such records to be utilized to fulfill employment, certification or licensing
duties as set forth in these Rules and in California Labor Code Section 432.7.
SECTION 7.07 RECRUITMENT PROCESS.
A. Human Resources shall schedule recruitments as deemed necessary for
maintaining a continuity of City services. Recruitments may be specified as
either promotional or open:
Open recruitments are open to all persons who meet the requirements
and conditions set forth in the recruitment announcement. They may be
conducted on a continuous basis when the Human Resources Manager
determines such recruitments are in the best interest of the City.
2. Promotional recruitments are open to probationary and regular/full-time
employees of the City who meet the requirements and conditions set
forth in the recruitment announcement. The names of eligibles on
promotional lists who are no longer employed by the City shall
automatically be dropped from such lists.
B. The Human Resources Manager shall determine or approve the manner and
methods of preparation of recruitments, and by whom they are administered,
and shall be responsible for the conduct of recruitments for all classes of
positions within the City service.
C. The recruitment selection process is intended to test for the job functions
identified in the job analysis and job description. Human Resources may
examine applicants by a variety of techniques to include, but not be limited to:
achievement tests; aptitude tests; evaluation of training, experience, and
education assessment centers; personal interview; performance tests; evaluation
of work performance and/or work samples; physical agility tests; written tests;
review and investigation of personal background and references; medical,
physical and/or psychological examinations; successful completion of prescribed
training; and/or by such other techniques as determined by the Human
Resources Manager.
SECTION 7.08 RATINGS. Following the examination, a candidate will be rated according
to his or her overall performance and by his or her eligibility to proceed to the next level
of screening in the recruitment process.
A. Rating determinations to advance through the recruitment process will be
established by Human Resources. Failure on any one part of the recruitment
may be grounds for declaring that the applicant has failed the entire recruitment,
or that the applicant is disqualified from subsequent parts of the recruitment.
B. Each applicant in a recruitment shall be sent notice of his or her outcome.
SECTION 7.09 PROTEST OF APPLICATION REJECTION CR RESULTS OF RECRUITMENT
PROCESS. Protests as to alleged errors, fraud, discrimination or recruitment results
must be submitted to Human Resources within fifteen (15) business days of the date of
the mailing of the appropriate notices and he/she may take such corrective measures as
appropriate. Correction of any rating shall not invalidate any previous appointment.
A. A written statement to Human Resources shall include the following:
1. The action being appealed;
2. The specific basis for the appeal; and
3. The relief sought.
B. Within fifteen (15) business days from the receipt of a timely appeal, Human
Resources shall complete an investigation. The individual shall be promptly
notified of the results of the investigation and advised of any rights and
responsibilitiesfor further appeal.
C. An individual may appeal the decision of Human Resources to the City Manager
or his designee by filing a written request to do so with the Human Resources
Manager within fifteen (15) business days following the written notification of
results by Human Resources, The City Manager's decision is binding on both
parties.
SECTION 7.10 RECRUITMENT RECORDS. Recruitment records are working documents,
confidential in nature, and not public documents. The Human Resources Manager shall
establish and maintain procedures to ensure the confidentiality of recruitment records to
include, but not be limited to, rating sheets, test results, reference checks, background
investigations, physical and psychological examinations, records, ethnic, sex, age,
citizenship/legal alien documents and data.
SECTION 7.11 POSTPONEMENT AND CANCELLATION OF RECRUITMENTS. If, in the
opinion of the Human Resources Manager, a sufficient number of qualified applicants
have not submitted an application for a recruitment or the vacancy no longer exists, the
Human Resources Manager may extend the final filing date and the date of the
recruitment or cancel the recruitment.
SECTION 7.12 LIMITED RECRUITMENT. When it can be anticipated that the applicant
group will be large in relation to anticipated vacancies, the Human Resources Manager
may take steps to limit the size of the applicant group through (a) shorter filing period,
or (b) specifying a maximum number of applications which will be accepted; or (c) other
means which are appropriate to the circumstances and otherwise consistent with these
Rules.
SECTION 7.13 FEES FOR RECRUITMENTS. Application and/or recruitment fees may be
charged to applicants for the recovery of costs associated with the selection process for
open recruitments.
ARTICLE V I I I
ELIGIBLE LISTS
SECTION 8.01 ESTABLISHMENTOF ELIGIBLE LISTS: Upon completion of a recruitment,
Human Resources shall prepare and keep available an Eligible List detailing the names
of those applicants who qualified in the recruitment and therefore proceed to the next
level of screening. Generally, an eligible list has two (2) categories: Eligible to Proceed
in the Recruitment Process at this time and Not Eligible to Proceed in the Recruitment
Process at this time. Though the City Manager or designee will make the final
employment decision, they are expected to be actively involved prior to the
establishment of an eligible list.
SECTION 8.02 DURATION OF ELIGIBLE LISTS. Eligible lists shall be effective for a
period of twelve (12) months unless exhausted or extended. Prior to its expiration, the
Human Resources Manager may extend the effective period of an eligible list for open
recruitments for no more than two (2) periods of six (6) months each.
SECTION 8.03 SUBSTITUTION OF ELIGIBLE LISTS. Eligible lists that are currently
established may be substituted to fill vacancies in classifications which require the same
knowledge, skills, and abilities, or of the same or lower level compensation for which
there is no eligible list.
SECTION 8.04 ELIGIBLE LISTS RESULTING FROM CONTINUOUS RECRUITMENT. Lists
established as a result of a continuous filing shall remain in effect no longer than twelve
(12) months from the date of the recruitment unless sooner exhausted, abolished, or
extended. Names placed on such lists may be merged with any others in order to
establish one pool of applicants.
SECTION 8.05 REEMPLOYMENT LISTS. The reemployment lists for any class shall
consist of the names of employees who have been laid off. Such names shall be placed
on the reemployment list in reverse order of layoff.
SECTION 8.06 REINSTATEMENT. Any former employee who voluntarily separated may
request to be placed on a reinstatement list for a period not to exceed three (3) years.
Any separated employee may be reinstated at the request of the Department Director to
the employee's former classification if vacant, or to a vacant position in a lower rated
class in the same class series in which he/she meets the minimum qualifications.
Whenever any person is reinstated, his/her reinstatement date shall govern his/her
seniority. Reinstated employees shall be required to serve a six (6) month probationary
period with an additional six (6) months at the discretion of the department director. No
former employee has a right to reinstatement. The decision to reinstate is at the
discretion of the Department Director with the approval of the appointing authority.
SECTION 8.07 AVAILABILITY OF ELIGIBLES.
A. It is the responsibility of eligibles, those on reemployment lists and individuals
who have requested reinstatement to notify Human Resources of any change of
address or other change affecting availability for appointment.
B. Eligibles, those on re-employment lists, and those who have requested
reinstatement, who do not indicate a willingness to accept employment under
the offered conditions will be considered to have declined appointment, and their
names may be withheld from certification for other positions in which the same
employment conditions apply.
SECTION 8.08 REMOVAL OF NAMES FROM ELIGIBLE LISTS. The Human Resources
Manager may remove the name of any eligible from an eligible list for any of the
following reasons:
A. Disqualification for any of the reasons identified in these Rules that would be
grounds for termination of employment.
B. A report or information related to an applicant's background, to include but not
be limited to a medical examination, criminal history, credit verification, drug and
alcohol test, or psychological examination that is unsatisfactory.
C. On evidence that the eligible cannot be located by postal authorities at the last
known address. Failure to reply within ten (10) business days from the date the
letter, card or email was sent requesting information as to availability for
appointment, or failure to notify Human Resources of any change of address
resulting in the return of letters or emails, will be considered sufficient evidence.
On submission of a request giving acceptable reasons as to why the notice was
not returned or change of address not filed, the Human Resources Manager may
restore the name of an eligible to the appropriate list.
D. The eligible has been appointed to the position for which the list was established.
E. Upon receipt of a written statement from the eligible requesting the removal of
his/her name from a list.
F. The eligible selected has been granted at least two weeks to report to work and
fails to do so.
ARTICLE I X
APPOINTMENTS
SECTION 9.01 APPOINTMENTS AND PROMOTIONS. All appointments and promotions
shall be made from eligible lists to be established in accordance with these Rules. I n the
absence of persons eligible in such manner, provisional appointments may be made in
accordance with these Rules.
SECTION 9.02 REQUEST TO FILL VACANCIES. Whenever a position is to be filled, the
Department Director shall notify Human Resources and make a request for the
certification of eligibles and provide such information as is required by Human
Resources.
SECTION 9.03 SELECTION OF EMPLOYEES. Prior to a conditional offer of employment
the City will conduct a background investigation to include but not be limited to, a
reference check (both professional and educational), a criminal history, and any other
pre-employment testing that is deemed to be necessary and appropriate by Human
Resources. Once a conditional offer of employment is extended, Human Resources will
conduct the appropriate medical/physical/psychological, and drug and alcohol
screenings. An offer of employment shall be made contingent upon the successful
completion of these tests.
It is the responsibility of the prospective appointee to take and complete any and all
examinations at the time and place set by Human Resources. Failure to do so shall
constitute a basis for denying appointment.
SECTION 9.04 TEMPORARY APPOINTMENTS. Whenever a position is required for the
efficient and economical operation of a department, the Department Director may
request a temporary position by submitting written justification and such other
information to the City Manager. A temporary appointment is the appointment of an
individual, who may or may not be on an eligible list, to a temporary position. A
temporary appointment may be authorized by the City Manager.
A. No special credit shall be awarded in any recruitment or the establishment of any
employment list for services rendered under a temporary help appointment.
B. Any person on an eligible list who accepts employment as a temporary help
employee shall retain his/her place on such eligible list.
C. A temporary help employee is not part of the classified service and, if eventually
hired as a regular/full-time employee, shall receive no credit for any time
employed as a temporary help.
D. Unless otherwise approved by the City Manager, benefits, including but not
limited to retirement, health/medical insurance, life insurance, disability
insurance, vision care, dental care, vacations, sick leave, and holiday salary shall
not be granted nor accrue to any employee serving in a temporary help
appointment.
E. A temporary help employee serves at -will and may be removed at any time
without the right of appeal or hearing.
SECTION 9.05 TEMPORARY PROMOTION. A temporary promotion is the appointment of
a regular/full-time City employee to a vacant regular/full-time position for a limited
period of time. Except for a pay differential, a temporary promotion would not result in a
change in benefits, including but not limited to retirement, health/medical insurance, life
insurance, disability insurance, vision care, dental care, vacation and sick leave shall be
granted or accrue to any probationary or regular employee under a temporary
promotion.
A. An employee who is in a temporary promotion may be removed from such
appointment and returned to his/her original probationary or regular position at
any time without the right of appeal or hearing.
B. An employee must be certified by Human Resources as meeting all the
qualifications for the position prior to promotion.
SECTION 9.06 EMPLOYEE OATH OF OFFICE. Every employee, before entering upon the
duties of employment, shall take and subscribe to the Oath of Office required by the
California Constitution (Government Code Section 3100). The Oath of Office shall be
administered and witnessed by, and in the presence of the City Clerk, Assistant City
Clerk, or the appropriate person deputized by the City Clerk.
SECTION 9.07 PROOF CIE' CITIZENSHIP OR LEGAL RESIDENCY. I n accordance with the
applicable laws all employees shall be required to submit a proof of citizenship, or legal
residency and/or permit to work to Human Resources. Such documents shall be
returned to the employee.
ARTICLE X
PROBATIONARY PERIOD
SECTION 10.01 PURPOSE OF PROBATIONARY PERIOD. The probationary period is part
of the recruitment process and shall be used for observing the employee's work, for
facilitating the effective adjustment of the employee to his/her position, and for the City
to determine whether to retain the probationary employee.
SECTION 10.02 LENGTH OF PROBATIONARY PERIOD.
A. All appointments are subject to a probationary period of no less than one year or
a time period specified in the appropriate memorandum of understanding.
B. The probationary period shall not include the time served under any provisional,
temporary help, emergency or acting appointment, and shall begin on the
effective date of appointment to a regular position except as otherwise specified
in a memorandum of understanding.
C. As an alternative to the release of a probationary employee, a probationary
period may be extended at the discretion of the City Manager and in accordance
with the timeframes of the appropriate memorandum of understanding.
SECTION 10.03 RELEASE DURING PROBATIONARY PERIOD. With approval of the City
Manager, a probationary employee may be released at any time during the probationary
period. Such action shall not be subject to appeal. The effective date of release shall
be no later than the last day of the probationary period.
An employee released during the probationary period from a position to which he/she
has been promoted shall be reinstated to the position from which he/she was promoted,
unless he/she is dismissed from the service of the City for cause.
ARTICLE X I
CHANGES I N EMPLOYMENT STATUS
SECTION 11.01 ATTAINMENT OF STATUS AS A REGULAR EMPLOYEE. An employee
appointed to a position in the classified service shall earn status as a regular employee
in a class if the employee successfully completes the designated probationary period.
SECTION 11.02 STATUS OF EMPLOYEE FOLLOWING PROMOTION. An employee who
has been promoted, and successfully completes the designated probationary period in
that classification, gains status as a regular employee in that position.
SECTION 11.03 TRANSFER OF AN EMPLOYEE. Regular transfers shall not be made
unless the employee being transferred shall have been in the position at least six (6)
months prior thereto. A transfer is not a right, but is made at the discretion of the
Department Director. Transfers between departments must have the approval of both
Department Directors involved.
SECTION 11.04 DEMOTION OF AN EMPLOYEE.
A. An employee may be demoted at his/her request, or as a result of reduction in
force, or for disciplinary reasons.
B. A regular employee may request a demotion by submitting such a request in
writing to the Human Resources Manager. Any demotion resulting from an
employee's request shall be known as a voluntary demotion. Voluntary
demotions may be made to a vacant position upon approval of the Department
Director. No employee may voluntarily demote to a position for which he/she
does not meet the minimum qualifications and no employee has a right to
voluntarily demote.
C. A demotion resulting from a disciplinary action shall be known as an involuntary
demotion.
SECTION 11.05 VOLUNTARY RETURN TO FORMER POSITION AFTER PROMOTION,
DEMOTION, OR TRANSFER.
A. An employee separated from a class due to a promotion, demotion or transfer,
does not have the right to return to the former position except in accordance
with these Rules. An employee recently separated from a class due to a
promotion, or transfer may be returned to the formerly held classification
provided:
1. A vacancy in the formerly held classification exists; and
2. Such return is approved by the appropriate Department Director(s).
Such employee is exempt from the recruitment process for the formerly held
position providing the employee meets the current minimum qualifications for
the classification.
ARTICLE XII
DISCIPLINARY PROCEEDINGS
SECTION 12.01 POLICY FOR DISCIPLINARY PROCEEDINGS. In order to establish
employee standards of conduct and work performance that are consistent with the
efficient and effective delivery of public services, this section outlines those
circumstances under which disciplinary action may be required. The following may be
causes for disciplinary action including, but not limited to, written reprimand, demotion,
suspension, or discharge of any employee. The purpose of specifying these causes is to
alert employees to the more common types of disciplinary issues. However, this list is
not all inclusive and there may arise instances of unacceptable behavior not included in
this list.
A. Improper or unauthorized use or abuse of sick leave.
B. Inability to maintain regular and consistent attendance, which prevents the
reasonable availability for assigned duties.
C. Absence without authorized leave; repeated tardiness to assigned work, leaving
assigned work without authorization; failure to report to work after a leave of
absence has expired, or after a leave has been disapproved or revoked.
D. Misconduct; willful or negligent violation of any City rule or policy.
E. Insubordination.
F. Acceptance of gifts or gratuities in connection with or relating to the employee's
duties.
G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a
verdict of guilty, or a conviction following a plea of nolo contendere, to a charge
of a felony or any offense involving moral turpitude is deemed to be a conviction.
H. Fraud or the submission of false information related to employment application,
payroll, or any work-related record or report.
1 _ Soliciting outside work for personal gain during the conduct of City business;
engaging in outside employment for any business under contract with the City;
or participating in any outside employment that adversely affects the employee's
City work Performance; or conducting personal business on City time.
J. Discourteous treatment of the public or City employees or disorderly conduct on
City property or on City business; for example, fighting, using profanity,
intimidation, or abusive and threatening language.
K. Conduct that interferes with the reasonable management, operation and
discipline of the City or any of its departments or divisions or failure to cooperate
with superiors or fellow employees.
L. Engaging in political activities while on duty, in uniform or using the authority
associated with City employment.
M. Violation or neglect of safety rules or practices.
N. Behavior, either during or outside duty hours, which is of such a nature that it
causes discredit to the City or one of its operating practices.
0. Refusal or inability to improve job performance in accordance with written or
verbal direction after a reasonable trial period.
P. Inefficiency, incompetence, or negligence in the performance of duties, including
failure to perform or complete assigned tasks or training in a prompt competent
and reasonable manner.
Q. Refusal to accept and carry out reasonable and proper assignment from an
authorized supervisor.
R. Intoxication, incapacity or possession or use of controlled substances or alcohol
on City property and/or at the worksite.
S. Failure to obtain or maintain possession of the minimum qualifications for the
position.
T. Careless, negligent, or improper use of City property, equipment or funds,
including unauthorized removal, or use for private purpose, or use involving
damage or unreasonable risk of damage to property.
U. Unauthorized release or use of confidential information or official records.
V. Participation in an illegal strike, work stoppage, slowdown, or other job action
against the City.
W. Inability to perform the duties of his/her job.
X. Dishonesty.
Y. Possession of firearms on the job (except for law enforcement personnel).
Z. Sleeping on the job.
AA. Theft.
BB. Retaliation for actions protected by law.
CC. Failure to report loss of or damage caused to City equipment and/or facilities for
which the employee was responsible.
DD. Threats of violence against City employees and/or City property.
EE. Violation of the Fair Political Practices Act.
SECTION 12.03 PERSONS WHO MAY TAKE DISCIPLINARY ACTION. The City Manager
or any Department Director or designee may take disciplinary action against an
employee.
SECTION 12.04 CONSIDERATIONS I N THE DETERMINATION OF TYPE OF
DISCIPLINARY ACTION. Where appropriate, the City practices a progressive disciplinary
process. The considerations used in determining the type of disciplinary action shall be
considered on a case-by-case basis. Such considerations shall include, but not be
limited to: the employee's work history and performance record; the nature and severity
of the infraction; aggravating and mitigating circumstances associated with the offense;
and any extenuating factors.
SECTION 12.05 TYPES OF DISCI PLINARY ACTION. The types of disciplinary action that
may be taken shall include but not be limited to oral reprimand, written reprimand,
demotion, suspension, reduction in pay and dismissal.
SECTION 12.06 NOTICE OF DISCIPLINARY ACTION. Those disciplinary actions beyond
an oral reprimand shall be in writing and include the following:
A. The causes/reasons for the disciplinary action, which may include the
performance expectations, rules, regulations or policies that have been violated.
B. The effective dates) of the disciplinary action.
C. Any rights of appeal.
SECTION 12.07 APPEAL OF DISCIPLINARY ACTION. An employee shall have the right
to appeal any disciplinary action through the appropriate chain of command. The
appeal process shall be composed of the following steps:
A. An appeal shall be submitted in writing to the person who proposed and enacted
the discipline within fifteen (15) business days of the date of notification for
disciplinary action.
B. The person who proposed and enacted the discipline shall respond in writing
within fifteen (15) business days of the date of receipt of the employee's appeal.
C. If resolution is not achieved at that level, the employee may submit an appeal in
writing to the Department Director within fifteen (15) business days of the date
of the supervisor's response.
D. The Department Director shall respond in writing within fifteen (15) business
days of the date of receipt of the appeal.
E. Y resolution is not achieved with the Department Director, the employee may
submit an appeal in writing to the City Manager within fifteen (15) business days
of the date of the Department Director's response.
F. The City Manager shall respond in writing within fifteen (15) business days of the
date of receipt of the appeal.
G. If resolution is not achieved with the City Manager, the employee may submit a
request in writing to the City Clerk for the Personnel Board of Review to hear a
review of the case within fifteen (15) business days of the date of the City
Manager's response.
H. A hearing by the Personnel Board of Review shall be scheduled within fifteen
(15) business days of the date of receipt of the request by the City Clerk. The
hearing by the Board shall be a public hearing, unless the employee desires a
closed hearing.
1 _ The Personnel Board of Review shall submit a statement of opinion to the
employee, City Manager, and the employee's Department Director in writing
within fifteen (15) business days of the hearing. The decision of the Board shall
be advisory to the City Manager.
J. The City Manager shall respond in writing within fifteen (15) business days of
receipt of the statement of opinion by the Personnel Board of Review.
K. Failure, by either party to respond in a timely manner would result in judgment
for the opposing party.
ARTICLE XIII
APPEAL TO THE RULES FOR PERSONNEL ADMINISTRATION
SECTION 13.01 RIGHT TO APPEAL. An employee shall have the right to appeal the
interpretation and application of these Rules and the City's Administrative Policies and
Procedures. The following procedure shall be used to process and resolve disputes.
A. Employee(s) shall submit in writing on the appropriate form to Human Resources
within fifteen (15) business days from the date of alleged infraction of these
Rules, or the date the employee became aware of the incident which is the basis
for filing the appeal.
B. The Human Resources Manager shall respond in writing within fifteen (15)
business days from the date of receipt of the appeal.
C. If resolution is not achieved with Human Resources, the employee may submit
an appeal in writing to the City Manager within fifteen (15) business days of the
date of Human Resources' response.
D. The City Manager shall respond in writing within fifteen (15) business days of the
date of receipt of the appeal. The decision of the City Manager shall be final and
binding.
E. I f appeal of these rules is connected to a disciplinary action, that appeal will be
consolidated with the disciplinary appeal.
F. Failure by either party to respond in a timely manner would result in judgment
for the opposing party.
ARTICLE X IV
EMPLOYEE REQUIREMENTS
SECTION 14.01 DRESS CODE. Employees of the City of Lodi should remain conscious of
all potential health and safety issues that may be addressed during the course of their
work day. Work attire should be appropriate to the job task and assignment and in
good taste. Dress should be sensitive to the public the individual will encounter. It is
expected that all employees will use good judgment and common sense in choosing
their work -day attire.
A. Shorts are permissible according to your work assignment and departmental
standards. Shorts shall be worn with a belt or stitched -in waistband/belt and
shall be no shorter than one-half the distance between the knee and inseam.
B. No shirt may be worn that would display an inappropriate slogan (i.e. drugs, sex
and language).
C. Supervisors and/or Department Directors will retain the right to be the final
judge of an ensemble that may be questionable.
D. Employees sent from the workplace to change into proper attire will do so on
unpaid time.
SECTION 14.02 DRIVERS LICENSE. An employee who drives, or may drive, a City
vehicle, drives a personal vehicle on City business, or whose job classification requires a
driver's license must have a valid California drivers' license in his/her possession while at
work or on City business. The license must match the classification of the type of
vehicle the employee drives or may drive.
An Employee who drives, or may drive, any vehicle on City business is required to report
to his/her supervisor on the first business day after there is any change in their license
status. A change in license status may include, but is not limited to: the license became
invalid, any lapse in his/her driver's license due to loss of license, suspension, failure to
pass the test; issuance of a temporary license pending an administrative or other type of
hearing by the Department of Motor Vehicles. Those cited for driving under the influence
(DUI) will report such citation to their supervisor no later than the next business day.
Failure to maintain a valid license in the manner prescribed above may result in
disciplinary action up to and including termination.
A. I n situations when licensing problems are due to physical reasons, the City may
hold a position open for up to one year if medical evidence indicates the problem
is resolvable within the one-year period. I f a medical condition is permanent and
precludes qualifying for the necessary driver's license, the City will follow
applicable law.
B. Employees required to have a commercial license (e.g. Class A or B) must renew
their medical examination card as required by DMV. The City will pay the cost of
these required examinations, Failure to maintain a current medical examiner's
card must be immediately reported to the supervisor.
C. The City of Lodi participates in the Pull Notice Program through the California
Department of Motor Vehicles (DMV) in order to monitor the driver's license
status of employees in positions requiring the operation of City vehicles in the
course of their duties. Departments must advise Human Resources if a part-time
employee or contract individual will drive during the course of employment or
work with the City. Human Resources will verify appropriate licensure, and enroll
the employee or contract individual in the City's DMV pull program.
SECTION 14.04 EMPLOYEE ASSISTANCE PROGRAM. The purpose of the City of Lodi's
employee assistance program is to provide employees an opportunity to receive
counseling regarding personal and family matters in order to promote personal stability
and job performance.
A. Upon employment, all full-time regular employees, their spouses, and dependent
children are eligible to receive counseling services. This program is a benefit
which provides professional, confidential services addressing a wide variety of
problems.
B. Each employee and eligible family member is entitled, free of charge, to three
(3) visits per incident, per family member. Any additional counseling might be
supplemented by medical insurance.
SECTION 14.05 EMPLOYEE PERFORMANCE EVALUATION. The purpose of employee
performance evaluations is to: motivate employees to work at their highest capacity by
better delineating work responsibilities; jointly establish job standards and objectives,
and review progress toward achieving those results and subsequently plan the
employee's future development; determine an employee's performance level to assist in
making appraisals for probation completion, appointment, merit pay increases,
promotions, transfers, and disciplinary actions; and most importantly, to serve as a
means of communication between management and staff.
A. An employee may appeal the Performance evaluation with the Department
Director, and may file a written response to the performance evaluation which
will be placed in his/her personnel file. Performance evaluations are not
grievable.
B. An Employee Performance Report shall be filed with Human Resources annually
and be prepared by a supervisor as determined by the Department Director. I n
addition, performance evaluations may be conducted at specified intervals or at
any time at the discretion of the Department Director.
The employee will receive and sign their evaluation and the original will be
forwarded to Human Resources for review by the Human Resources Manager
and placement in the employees' personnel file. Each employee will receive a
copy of their evaluation.
SECTION 14.06 EMPLOYEE SEPARATION. An employee's failure to notify a supervisor of
an absence or to arrive at his/her designated workplace for three (3) consecutive
business days as scheduled may be considered an unauthorized absence and/or an
abandonment of position. Such absence may be processed as an automatic resignation
or be cause for disciplinary action up to and including termination.
A. The following procedures are applicable to cases of termination and resignation
after initial notification of such action has been received by the affected
department after the employee has submitted a signed resignation notice stating
the effective date and reason for leaving employment.
1. The responsible department shall submit all pertinent documentation
including resignation notice or termination documents, and required
Personnel Action Form and Property Checklist to Human Resources.
2. Finance will determine leave balances.
3. Final checks are normally issued on the date of termination or 72 hours
after a resignation. Any other arrangements must be made by the
employee through Finance.
SECTION 14.07 FINGERPRINTING. The City of Lodi requires all employees, volunteer,
and contractual employees to be fingerprinted in compliance with current laws and as
part of the City's obligation for due diligence in screening people who work with children
and act on behalf of the City of Lodi. Following the City's submission of fingerprints to
the Department of Justice a criminal history report is issued to Human Resources. The
City of Lodi will not hire any person or permit any person to employ or volunteer his/her
services who has been convicted of any offense identified in Penal Code Section 11105.3
("disqualifying violations'?.
Based upon the Criminal History Report the City of Lodi reserves the authority and
discretion to exclude any individual from its employ or as a volunteer who has been
convicted of a violation of the law that would have an adverse impact on the City's
operation, as determined by the City Manager or his/her designated representative. All
employees with access to Criminal Record Information (CORI) shall be fingerprinted and
processed through the California Department of Justice. Misuse of CORI is a criminal
offense, which may result in criminal or civil prosecution and shall result in
administrative action up to and including access to information maintained by the
Department of Justice and/or termination of employment.
Expunged convictions shall be considered convictions for purposes of this section except
where the expungement is based on a finding of factual innocence.
SECTION 14.08 HOLIDAY LEAVE. All full-time regular and probationary employees are
eligible for holiday leave upon employment. Employees will receive a paid holiday if
they are in a paid status on the day before the holiday. Part-time, temporary, and
seasonal employees do not receive paid holidays.
On January 1, of each calendar year, employees are credited with a specified number of
floating holiday and fixed holidays, or a corresponding number of holiday hours
according to the appropriate memorandum of understanding or statement of benefits.
Employees hired after the first pay period of the year are credited with the year's
remaining fixed holidays plus a prorated share of floating holidays for the
remainder of the calendar year. Employees separating from employment shall
be debited the fixed holidays and the prorated share of floating holidays for the
remainder of the calendar year.
Holiday leave balance must be exhausted prior to the end of each calendar year,
and may not be carried into the following calendar year. Holiday hours may be
taken in quarter hour increments.
Fixed holidays consist of a specified number of holidays observed each calendar year by
the City of Lodi and the appropriate memorandum of understanding.
Holidays that fall during a regularly scheduled work day will be observed on that day.
Holidays that fall on the first regularly scheduled day off shall be observed on the
preceding work day. Holidays which fall on any other regularly scheduled day off shall
be observed on the next regularly scheduled work day. The exception will be if the next
regularly scheduled work day is also a holiday in which case the first holiday will be
observed on the preceding work day.
The following circumstances pertain to fixed holidays.
Leave of Absence: If a holiday falls while an employee is on a leave of absence without
pay, the employee will not receive credit for the holiday. If a holiday falls while an
employee is on a leave of absence with pay, such that the employee is in a paid status
on the day before and the day after the holiday, he/she will receive credit or payment
for the holiday.
Vacation Leave: I f a holiday falls during a scheduled vacation, the employee shall not
be charged as using vacation leave for that day.
Sick Leave: When a holiday occurs on a day on which an employee is taking sick leave
with pay, such employee shall not be charged as using sick leave for that day. The
employee's compensation for that day shall be a holiday.
Hours worked on a fixed holiday as part of an employee's regular work schedule shall be
compensated at the straight rate of pay plus the appropriate overtime rate of pay in
accordance with the terms and conditions of the appropriate memorandum of
understanding.
Floating holidays consist of a specified number of days the employee is permitted to be
absent from work, the leave compensation of which is designated as Holiday Leave.
The scheduling of floating holiday leave is determined between the employee and
his/her Department Director.
SECTION 14.09 JURY DUTY/WITNESS SUBPOENA. The City of Lodi does not discharge
or in any manner discriminate against any employee for taking time off from his/her
regular duties to serve as required by law on an inquestjury or trial jury, or as a witness
in a court of law if such employee, prior to taking such time off, gives reasonable notice
that he/she is required to serve or appear.
All full-time regular employees are granted jury duty leave with pay. An employee who
is summoned to attend any court during the time regularly required for his/her
employment for the purpose of jury service shall be entitled, while so engaged and
actually serving, to his/her regular compensation in addition to any jury duty
compensation received from the court. Such leave shall not be charged to any of the
employee's existing leave balances.
No employee shall receive paid time off while such employee will be testifying on their
own behalf or as a witness in a court of law, except as a witness on behalf of the City of
Lodi. An employee subpoenaed to appear in court on behalf of the City of Lodi, and/or
connected with the employee's official duties, shall receive full compensation. Mileage
and/or subsistence allowances paid by the court shall be retained by the employee.
Notwithstanding the provisions of the appropriate memorandum of understanding, an
employee engaged in jury service or as a witness, who is not required to be in
attendance at such jury duty or testimonial for more than one half of the employee's
normal working day is expected to return to his/her regular work assignment for the
balance of the day.
SECTION 14.10 NEPOTISM. It is the policy of the City of Lodi not to discriminate in its
employment and personnel actions with respect to its employees, prospective
employees, and applicants on the basis of familial or marital status. No employee,
prospective employee, or applicant shall be denied employment or benefits of
employment on the basis of his or her familial or marital status. This policy applies to
the selection of persons for training programs leading to employment in addition to the
above -designated persons. The City of Lodi reserves the right to reasonably regulate for
reasons of supervision, security, or morale, the working of spouses, registered domestic
partners and relatives in the same department, division or facility.
The City of Lodi shall prohibit the initial appointment to a position within the City
of Lodi of any person or employee who has the status marital, registered
domestic partner or familial relationship with the Lodi City Manager, Deputy City
Manager, City Attorney, or Human Resources Manager, members of the City of
Lodi Council and in the case of Library employees, members of the Library Board
or the Library Services Director. Further, The City will prohibit the employment
in that Department of any person who has status of marital, domestic partner or
familial relationship with the Department Director of that Department.
Marital status is defined as an individual's state of marriage, non -marriage, divorce or
dissolution, separation, widowhood, annulment, or other marital state for the purpose of
this anti -discrimination policy.
Spouse is a partner in marriage as defined in California Civil Code Section 4100.
Familial status is defined as the state of an individual's specific relatives working for the
City of Lodi and shall include spouse, child, brother, sister, parent or parent -in-law.
Registered Domestic Partner status is a same-sex legal union formalized through a
registration process with the Secretary of State's Office.
The City of Lodi shall prohibit the initial appointment or advancement of any
person or employee to any position within any department within the City of
Lodi, wherein that person so appointed or advanced would or may in any
manner or form, supervise, or evaluate; or wherein that person would or may be
supervised, or evaluated by any person within the same department, where, in
either event, there exists a marital, registered domestic partner, or familial status
factor between said persons.
I n the event two persons employed in the same City department marry or
become registered domestic partners and would thereby fall within the
prohibitions listed in this policy, one of such employees shall be transferred to a
comparable vacant position, if any exists, in another division or City department.
If no comparable position is then vacant, the subject employees may remain in
their respective positions for up to six (6) months. If a conflict still exists at the
end of six (6) months, the married employees may designate the one to be
terminated, or the employee with less seniority will be terminated.
SECTION 14.11 OUTSIDE EMPLOYMENT. Unless otherwise stated in an employment
contract, it is the policy of the City that employees should not, because of their position,
be unduly restricted in their private lives. The use of time outside City working hours
shall be unrestricted as long as the activities of the employees do not interfere, prove
detrimental, or present a conflict with the employees` duties or to the City of Lodi.
A City employee shall not engage in any employment, activity or enterprise for
compensation which is inconsistent, incompatible, in conflict with, or adverse to his/her
duties as a City employee or with the duties, functions or responsibilities of such a
person's Department Director or the department in which employed.
Each instance of outside work by an employee shall be judged on its own merits,
particularly applied to the employee's function with the City.
SECTION 14.12 PUBLIC RELATIONS/MEDIA. Employees approached by the media for
information on City business operations should refer the individual to the appropriate
departmental media representative, or the City's Communication Specialist.
SECTION 14.13 TRAINING. The City encourages training opportunities for all of its
employees to insure that the services they render for the City may be made more
effective. Human Resources shall familiarize new employees with the nature of the
City's benefit plans and employment policies and procedures as mandated by law.
An employee may not attend department sponsored trainings while on injury leave
unless authorized to do so by their treating physician.
SECTION 14.14 VOTING TIME OFF — GENERAL, DIRECT, PRIMARY, OR PRESIDENTIAL
ELECTIONS. All employees registered to vote, may take up to two (2) hours time off
from work, without loss of pay, to vote. Such time shall be scheduled either at the
beginning or the end of his/her work day, unless otherwise mutually agreed.
Most employees of the City of Lodi will have sufficient time available outside of working
hours in which to vote. However, if an employee believes it necessary to be released
from work for all or a portion of the two (2) hours, he/she should request time off in
writing to his/her supervisor two (2) days before the election in order that arrangements
can be made for release. Such request shall include reasons for the release.
SECTION 14.15 WORKING HOURS. The City of Lodi will establish and post its normal
business hours. Departments and their divisions may vary from these hours and days
relative to the services they provide to the citizens of Lodi with the approval of the City
Manager.
The work period is an established and regularly recurring period of work which, under
the terms of the FLSA, cannot be less than 7 consecutive days nor more than 28
consecutive days. Except for this limitation, the work period can be of any length, and it
need not coincide with the duty cycle or pay period or with a particular day of the week
or hour of the day. Once the beginning and ending time of an employee's work period
is established, however, it remains fixed regardless of how many hours are worked
within the period. The beginning and ending of the work period may be changed.
Work Day: A work day shall be the time worked within a designated 24-hour period
(12:00 a.m. to 12:00 a.m.) such that an employee performs his/her duties in accordance
with the duty cycle established by his/her department.
Breaks and Meal Periods: Subject to the provisions of the appropriate memorandum of
understanding and applicable law, break and meal period duration and scheduling are
determined at the discretion of the Department Director. Such determination shall
include, but not be limited to, consideration such as workload distribution among
employees, workload priorities, and departmental priorities and shall not exceed sixty
(60) minutes in duration during an employees business day without a supervisor's
approval.
Breaks are considered as paid time by the City. If approved, breaks shall not exceed 15
minutes of duration.
Subject to the provisions of the appropriate memorandum of understanding and
applicable law, meal periods shall not be considered paid time, and shall not exceed
sixty (60) minutes in duration during an employee's business day.
SECTION 14.16 CUSTOMER SERVICE. Employees are expected to be polite, courteous,
prompt, and attentive to every customer. If an employee encounters an uncomfortable
situation or abusive customer that he or she does not feel capable of handling, a
supervisor or manager should be called immediately.
Never regard a customer's question or concern as an interruption or an annoyance. We
are a service business and must remember that the customer comes first. Our
customers are to be treated courteously and given proper attention and respect at all
times.
END
November 16, 1994
4
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A
City of Lodi
P.P..r
�T= r
Rules_ for Personnel A
4
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r Personnel Admini-stratiorropapa'
_ lish rules and guidelines related to,
:"ng others, compensation,
sifications, recruitments, evaluations,
-d discipline.
discipline.
st updated November 16,, 1994
Worked with Management and the City's
11 bargaining groups or associations to
discuss the proposed changes.
4
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tive Changes � —r
ensation: Details the City's policy for
�• ime compensation.
all
itment: Details reasons why applicants for
biployment would be disqualified.
tigible Lists: Candidate placed in two
.categories
— Eligible to Proceed in the Process at this Time
— Not Eligible to Proceed in the Process at this Time.
4
.-Pt W%i6h.
ita-ntive Changes corms: WMMI"'
tatement Lists: Employees who voluntarily
rate and return complete 6 months
ation.
pointment: Conditional job offer process
�5-whereas the City will conduct an initial
background review prior to appointment.
• Discipline: Details criteria to review when
determining the proper level of discipline
4
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el Board
rF
•7e currently includes a 3 member
��- l Board appointed by the Council to
f-= and render binding decisions.
0. '.11,
Board has not met since the City has
-cluded binding arbitration in its MOU"s, and
- =-_'I{7U's take precedence over Personnel Rules.
_ • Personnel Board may be needed in the future:
— Decisions by the Personnel Board would be advisory
to the City Manager
— Change the City Code to include 5 members, not 3
4
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[byee RequirementS
and -alone policies have been
tided in the Personnel Rules.
ese policies have been updated prior to
ficlusion in the Personnel Rules, and will
7-
e eliminated as stand-alone policies
- if/when the Personnel Rules are approved
by Council.