The words and terms defined in this section shall have the following meanings in this chapter and in any other ordinance classifying and fixing the salaries and compensation or authorizing the employment of personnel in any department or office of the City:
"ACA Full-time Employee"
means, for the purposes of the Affordable Care Act only, a full-time employee is an employee who earns, on average, 30 hours of service in a week, or 130 hours of service in a month.
"Allocation"
means the official determination of the class in which a position shall be deemed to exist and the assignment of an individual position to an appropriate class.
"Applicant"
means an individual who has made formal application for a position in the City service.
"Appointing Authority"
means any person authorized by ordinance or resolution to make appointments to any office or position in the City service.
"Appointment"
means the offer to, and acceptance by, an individual for a position in the City service.
"At-will Employee"
means either a probationary employee or a limited-service employee who has no property rights in his/her position, or an individual who holds employment with the City under a contract, which defines the terms and conditions of employment.
"Bulletin Board"
means the official posting place for public notices as prescribed by law.
"Certification"
means the furnishing of names by the City Manager's Office of eligible, available candidates for employment, from an eligibility list in the manner prescribed in these chapters.
"City"
means the City of Santa Maria.
"City Administrative Memorandum (CAM)"
means memorandums regarding administrative procedures and other matters of interest that are produced and distributed by the City Manager's Office.
"City Council"
means the City Council of the City of Santa Maria.
"City Manager"
means the City Manager of the City of Santa Maria or his/her designated representative.
"Class" or "class of positions"
mean a recognized kind of employment in the City designed to embrace all positions having duties and responsibilities sufficiently similar so that the same title may be used, the same requirements as to education, experience, knowledge and ability may be demanded of incumbents. The same schedule of compensation may be used to apply with equity.
"Compensation"
means wages, salary, fees, or any other valuable consideration paid to an employee for performing the duties and conducting the responsibilities of a position.
"Department Director"
means an individual designated as the administrative director of a department, and in some cases a division, or his or her designated representative. Department Directors are at-will, on an employment contract, which defines the terms and conditions of employment.
"Employee"
means a person legally occupying a position in the City service, pursuant to Section 2-20.02(a) of this Code.
"Eligibility list"
means a list of names or persons who have gone through an examination process for a position in City service and have qualified to the list with an overall score of at least 70% or above.
"Equal Opportunity Officer"
is the designation given to the City Manager as the Officer responsible for coordinating the functions under the City's Equal Opportunity in Employment Plan.
"Full-time Position"
means a position in the City service normally scheduled for at least 40 hours in a work week.
"Job Specification"
means a written description of duties, responsibilities, and the minimum qualification requirements of the positions included in the class.
"Joint recruitment"
means a collaborative hiring process with two or more agencies.
"Limited-service"
means employment on a temporary [see subsection (bb)] or seasonal basis of a nature which is not equivalent to any position in any class included in the full-time or 32-hour part-time classification plans, where the employee works less than 1,000 hours in a fiscal year.
"Memoranda of Understanding" or "MOU"
means an understanding reached, with employee bargaining groups, as a result of meeting and conferring on hours, wages, and working conditions in accordance with State law and City ordinances, chapters and regulations.
"Minimum Qualifications"
means the lowest qualifications deemed necessary for a candidate to possess for selection to fill a vacancy and to maintain employment with the City.
"Oral Interview or Appraisal Board"
means that part of an examination conducted by a competent board to evaluate the candidate's education, experience, and general qualifications pertinent to the position for which examined.
"Out-of-Class Pay" also known as "move-up pay,"
means a higher compensation an employee will receive for working in a classification having a higher salary range than the one to which that employee was appointed during a specified period of time as specified in the then-current memoranda of understanding or other administrative documents.
"Overtime"
means work performed in excess of a full-time [see Subsection (q)] work period or as specified in the then-current memoranda of understanding or resolution.
"Part-time"
means employment normally scheduled as 32 hours in a work week.
"Performance Evaluation"
means reports of job performance prepared at designated intervals and filed in the employee's official personnel file; minimum of one evaluation annually.
"Personnel Records"
means the official records of the City of each employee maintained by and in the City Manager's Office, except records that may be required to be maintained in other locations.
"Position"
means a group of current duties and responsibilities assigned or delegated by competent authority, requiring the full-time, part-time, limited-service, or temporary services of one person.
"Probationary period"
means a period to be considered an integral part of the examination, recruiting, testing, and selection process during which an employee is required to demonstrate his/her fitness for the duties to which he/she is appointed by actual performance of the duties of his/her position over an extended period for observation and evaluation before an employee becomes permanent.
"Reclassification"
means the modification of job title and corresponding salary range adjustment supported by an appropriate classification analysis prepared under the direction of the City Manager's Office which identifies a change in level of difficulty or responsibilities between the existing job description and actual job duties.
"Reemployment List"
means a list of names of qualified full-time, 32-hour part-time and probationary employees who have been laid off, pursuant to the then-current memoranda of understanding, resolution or CAM.
"Regular Status"
means an appointment to a full-time or 32-hour part-time position after satisfactory completion of a probationary period as required by these chapters.
"Rejection"
means the dismissal or demotion of an employee during a probationary period.
"Resignation"
means the voluntary separation of City employment by an employee.
"Resolution"
means a formal expression of intent of a majority of the City Council, which serves as a substitute for a memorandum of understanding either:
(1) 
to define terms and conditions of employment for employees represented by a union; or
(2) 
to define wages and benefits for employees not represented by a union.
"Title," "class title" or "title of class"
means the designation given to or name applied to a class or to each position allocated to the class and to the legally appointed incumbent of each position allocated to the class. Its meaning is set forth in the corresponding class specifications.
"Transfer"
means a horizontal movement from a position in one department or division to a position in the same classification in another department or division pursuant to CAM 76-5.
"Vacancy"
means an authorized position that is not occupied by an employee.
(Prior Code § 2-28; Ord. 97-13, eff. 12/4/97; Ord. 99-08, eff. 4/16/99; Ord. 2005-01, eff. 3/3/05; Ord. 2006-02, eff. 3/21/2006; Ord. 2007-08, eff. 7/5/07; Ord. 2009-03, eff. 3/5/09; Ord. 2010-03, eff. 5/20/10; Ord. 2012-02, eff. 4/5/12; Ord. 2014-02, eff. 4/17/14; Ord. 2017-10 § 1, eff. 8/31/17; Ord. 2019-01 § 1, eff. 3/21/19)
(a) 
The classification of positions for the purpose of this chapter shall be as contained in the official book of class specifications.
(b) 
The classification of positions may be amended by the addition, division, consolidation or abolishment of classes on recommendation of the City Manager and approval of the City Council by resolution.
(Prior Code § 2-29; Ord. 97-13, eff. 12/4/97; Ord. 99-08, eff. 4/16/99)
(a) 
Each position shall be allocated to its appropriate class on the basis of duties and responsibilities. Positions in a single class shall be sufficiently similar to permit substantially the same level of skill, knowledge, ability, and other qualifications required of incumbents, same or similar selection method to select incumbents, and the same schedule of compensation.
(b) 
The allocation of positions as of the adoption of the ordinance from which this section derives may be changed by the City Manager whenever the duties of the position change materially; provided, that the proposed change conforms with this chapter, with the established classification plan, and with the approved budget. The City Manager's review of a position or the creation of a new position occurs upon the recommendation of the department director, or upon the request of an employee and with the concurrence of the department director and the Human Resources Division.
(c) 
Upon receiving written justification to review a position, pursuant to these chapters, the City Manager will perform a classification study of the duties and responsibilities and the relationship to other classes of positions. Said department director will be consulted before a classification study is begun.
(d) 
When a new position is authorized, it will be assigned to a class in the official book of class specifications or, when appropriate, a new class will be created. When a new position is created and is classified before it is occupied, such position may be subject to review by the City Manager, after it has been occupied for a period of time, to determine if the incumbent is performing the duties of the class.
(e) 
Reclassification of a position shall not be used to circumvent the procedures concerning demotion, promotion, or compensation.
(Prior Code § 2-30; Ord. 97-13, eff. 12/4/97; Ord. 2005-01, eff. 3/3/05; Ord. 2019-01 § 2, eff. 3/21/19)
The title of the class to which any position is allocated shall be used in all official personnel records and in all official personnel transactions of the City.
(Prior Code § 2-31; Ord. 97-13, eff. 12/4/97)
(a) 
The City Manager, with the assistance of the department directors, shall prepare written specifications for each class of positions. The specifications, when approved by the City Council, shall constitute the official class specifications for the City service. The City Manager may make adjustments to specifications to reflect current practices. The official copy of the specifications for each class shall be maintained in the City Manager's Office and shall indicate the date of approval or last revision.
(b) 
Each specification shall include, but not be limited to, the class title; a brief description of the scope, nature, and responsibility of the class; a description of the tasks or essential duties ordinarily performed in the positions allocated to the class; a statement of the minimum qualifications considered necessary for proficient performance of the work, including education, experience, training, knowledge and abilities, skills, physical characteristics; and any additional factors considered pertinent.
(c) 
Specifications are not restrictive; a department director may temporarily assign other related duties and responsibilities or otherwise direct the work of employees.
(d) 
No person shall be appointed to any position unless that person meets the minimum qualifications set forth in the currently approved class specification for that position or meets the permissible equivalency provisions of these chapters.
(Ord. 97-13, eff. 12/4/97; Ord. 2007-08, eff. 7/5/07; Ord. 2012-02, eff. 4/5/12; Ord. 2019-01 § 3, eff. 3/21/19)
(a) 
The schematic schedule of salary ranges referred to as Schematic Bi-weekly Rates constitutes the compensation plan applicable to classes of positions included under the schematic list of classes.
(b) 
All salaries prescribed are bi-weekly rates. In those positions where it is more appropriate to pay upon an hourly or daily basis, the hourly and daily rates shall be determined by the following formula:
A 40 hour week is equivalent to 173.33 hours per month; daily rates are equivalent to the appropriate hourly rate multiplied by eight hours.
(c) 
The compensation of employees shall be as set forth in the schematic list of class titles and salary ranges as shown in Schematic Bi-weekly Rates, or on the flat-rate or hourly rate basis set forth for the classes listed under the table of typical hourly equivalents.
(Ord. 99-08, eff. 4/16/99; Ord. 2006-02, eff. 3/21/2006; Ord. 2007-08, eff. 7/5/07; Ord. 2009-03, eff. 3/5/09; Ord. 2012-02, eff. 4/5/12; Ord. 2022-04, eff. 7/7/22)
(a) 
Normally, and as a general rule, employees may be considered eligible for increase in salary according to the following general plan:
(1) 
The letters A, B, C, D and E, respectively, denote the various steps in the pay range.
(2) 
Step A will be paid upon initial employment for a period of one year, which period shall be considered the employee's probationary period, for full-time and 32-hour part-time employees without an employment agreement.
(3) 
Step B will be paid upon completion of one year of employment where the employee has demonstrated satisfactory job progress and normally increasing productivity, except for management, Fire personnel and sworn Police personnel who must demonstrate satisfactory job progress and normally increasing productivity prior to promotion to step B.
(4) 
Step C will be paid upon completion of one year of employment in salary step B where the employee has demonstrated satisfactory job progress and normally increasing productivity, except for management, Fire personnel and sworn Police personnel who must demonstrate satisfactory job progress and normally increasing productivity prior to promotion to step C.
(5) 
Step D will be paid upon completion of one year of employment in salary step C where the employee has convincingly demonstrated job progress and productivity; provided further, however, that management, Fire and sworn Police personnel must demonstrate such progress and productivity substantially above average for the class.
(6) 
Step E will be paid upon completion of one year of employment in salary step D where the employee has convincingly demonstrated job progress and productivity; provided further, however, that management, Fire and sworn Police personnel must demonstrate such progress and productivity substantially above average for the class.
(7) 
Advancements from step to step shall be only upon written recommendation of a department director and approved by the City Manager.
(b) 
In any case where by reason of unusual circumstances, rigid adherence to the foregoing time frames related to salary adjustment would cause a manifest injustice or for operational necessity, the City Manager may make such order relating thereto as in his/her discretion is proper. The effective date shall become the new salary anniversary date.
(c) 
Normally, initial employment appointments will be at the first step of the salary range; however, initial employment in any step, A through E, may be authorized by the City Manager when a particularly difficult recruiting problem is found to exist, or on the basis that a candidate possesses outstanding job qualifications.
(Prior Code § 2-33; Ord. 97-13, eff. 12/4/97; Ord. 2003-02, eff. 3/6/03; Ord. 2007-08, eff. 7/5/07; Ord. 2010-03, eff. 5/20/10; Ord. 2014-02, eff. 4/17/14; Ord. 2016-05 § 4, eff. 3/2/16; Ord. 2017-10 § 2, eff. 8/31/17; Ord. 2019-01 § 4, eff. 3/21/19)
At-will department directors, the City Manager and the City Attorney are eligible for Performance-Based Pay.
(Ord. 2016-05 § 5, eff. 3/2/16; Ord. 2019-01 § 5, eff. 3/21/19)
The salary schedule for the respective classes of positions as set forth in Schematic Bi-weekly Rates with such amendments as may be adopted by the City Council from time to time shall have the force and effect and shall be interpreted and applied as follows:
(a) 
The salaries or rates of compensation prescribed are fixed on the basis of full-time service in full-time positions, unless otherwise designated.
(b) 
The rates of pay prescribed shall be deemed to include pay in every form, except for necessary expenses authorized and incurred incident to employment, or except as provided in this chapter.
(c) 
Where a salary range for a given class or for several classes is revised upward or downward, the incumbents of positions in classes affected shall have their existing salary adjusted to the same relative step in the new salary range.
(Prior Code § 2-34; Ord. 97-13, eff. 12/4/97; Ord. 2006-02, eff. 3/21/2006)
For the purposes of administration of the compensation plan, all employees under the bi-weekly payroll system shall have as their anniversary date the actual date of their employment, if employed on the first working day of the bi-weekly payroll period; otherwise, the anniversary date for purposes of the compensation plan shall be the first day of the next biweekly payroll.
(Prior Code § 2-35; Ord. 97-13, eff. 2/4/97; Ord. 2012-02, eff. 4/5/12)
The City shall have the right to require all employees to complete and submit any applications, agreements or statements pertinent to their employment as stipulated by decision of the City Council.
(Prior Code § 2-36; Ord. 97-13, eff. 12/4/97)
(a) 
Announcements: At the City Manager's discretion, department director classifications may be exempted from recruitment. All other recruitments shall be publicized by such methods as the City Manager deems appropriate. Special recruiting shall be conducted, if necessary, to ensure that all segments of the community are aware of the forthcoming examinations. All persons who completed interest cards for a position, within the immediate prior twelve-month period shall be notified of a recruitment in accordance with these chapters. All recruitments shall be publicized by posting announcements on each City department bulletin board, and by such other methods as the City Manager deems appropriate. The announcements shall specify the following:
(1) 
The title and salary range for the position;
(2) 
The period during which applications for the recruitment will be accepted;
(3) 
A brief statement concerning the duties of the position, and the selection process;
(4) 
The examination process;
(5) 
The knowledge, skills, and other job-related requirements for the position; and
(6) 
Special conditions of employment.
Notice of recruitment shall be given at least 10 calendar days prior to the final filing date. However, by way of announcement, the City Manager may adjust the final filing date to a cap at a reasonable specific number of complete application packets for recruitments that are anticipated to be highly competitive. Posting of the announcement copy on the City website and/or each department bulletin board shall meet this requirement. Recruitments may be postponed or canceled by placing notice on each department bulletin board and notifying applicants.
(b) 
Recruitment Process: The City Manager shall schedule open or promotional recruitments based on vacancies or anticipated vacancies to meet the need in the City service. The City Manager or his designee shall prepare, announce, and conduct examinations in accordance with guidelines provided herein and in the Equal Opportunity in Employment Plan.
(1) 
Open Recruitments: Open recruitments may be scheduled when it is not practical to fill vacancies by promotion or when specifically requested by the appointing authority, with the approval of the City Manager. Open recruitments shall be open to all applicants who meet the minimum requirements for the position in accordance with these chapters.
(2) 
Promotional Recruitments: Promotional recruitments are open to all City employees who have full-time, 32-hour part-time, probationary, or limited-service status, and meet the minimum requirements for the position in accordance with these chapters. Each candidate must complete and submit an official application form in accordance with these chapters.
(3) 
Recruitment Release Time: City employees shall be granted sufficient time, with pay, from duties to participate in City selection processes.
(4) 
Recruitment Process Exception: Upon recommendation of the department director and approval of the City Manager, a former regular employee may be rehired to a classification in which the employee served as a regular nonprobationary employee, without examination, within one year of separation from the City, provided that said employee separated in good standing, and has maintained the minimum qualifications for said classification. Unless otherwise detailed in their applicable MOU or benefit resolution, the individual would be treated as a new employee, being required to serve a new hire probation; employee would have benefits restored as follows:
(i) 
Prior benefit accrual rates and prior sick leave accrual balances;
(ii) 
Seniority at time of separation for purposes of determining merit increases, vacation or personal leave accruals, and future reduction in force; and
(iii) 
Salary step paid and benefits shall be equivalent to that which the employee was receiving immediately prior to separation in accordance with City CAMs. For those benefits that have been adjusted for new hires and "grandfathered" existing employees, the individual will remain eligible to receive the benefit offered to existing employees should they meet all other eligibility requirements.
In accordance with the California Public Employees' Pension Reform Act (PEPRA), an individual who is rehired after a break in service of greater than six months will not be eligible for Tier I or Tier II retirement benefits.
(c) 
Application Filing: Each person participating in a scheduled selection process for City service shall have completed and filed an official application form for that recruitment. The official application form must be received by the City Manager's Office staff no later than the time and date specified as published in the announcement. Each applicant, including applicants who submit applications electronically, must sign the application form certifying that all statements are correct. Upon receipt, electronic submissions will be considered "signed" for purposes of certifying accuracy of statements for eligibility to participate in the recruitment process.
Persons applying for positions in the City service must comply with the following conditions:
(1) 
Meet the general conditions pertaining to filing applications for positions according to these chapters;
(2) 
Meet the specific requirements as shown on the announcement for a particular position;
(3) 
Meet the right-to-work in the United States or citizenship requirement when applying for City positions; and
(4) 
Be willing and able to accept the employment in the present vacant position or a future similar vacant position, if employment were offered.
Names of persons applying for City positions or the evaluation of their participation in any selection process shall not be made public.
Applications will be accepted when the recruitment filing period has begun for a position; interest cards will be accepted for other positions. Application forms will have been officially received on the date indicated by electronic applicant tracking system.
(d) 
Interest Card Filing: Applications are accepted only if a recruitment is being conducted; all other interests of employment will be filed on an official interest card or electronic form (e-form) provided by the City. When a vacancy occurs, notice shall be given to the addressee when recruitment starts for the position indicated on the card or e-form. A completed card or e-form shall remain on file for a twelve month period or until notice has been given, whichever occurs first.
(e) 
Applicant Disqualifications: The City Manager may eliminate from the selection process, remove from the eligible list, or refuse to certify for the personnel transaction, the names of any person:
(1) 
Who does not meet the minimum qualifications established for the class or position to which they seek appointment;
(2) 
Who has made a false statement or misrepresentation of material fact or actual or attempted deception, fraud, or misconduct in connection with his or her application;
(3) 
Who has improperly used or attempted to use any personal or political influence to further his or her eligibility for appointment;
(4) 
Who has failed to submit the required application documents correctly within the prescribed time limit;
(5) 
Who has directly or indirectly obtained information regarding examinations to which applicants are not entitled; and/or
(6) 
Who has otherwise violated provisions of these Chapters.
Applicants with the least desirable background or qualifications among a large number of applicants may be denied further participation in the selection process through an evaluation of their qualifications, thus providing a reasonable number of the best qualified candidates for consideration.
Unless otherwise noted on the recruitment announcement, applicants needing to submit additional documentation to participate further in the selection process, may be notified by the City to permit submission of additional information providing the time limits for receiving applications has not expired. Applicant's notification can be either by telephone, electronic transmission, or mail; it shall be the applicant's responsibility to keep his or her contact information current. Proper submittal of the application packet shall be the responsibility of the applicant.
(f) 
Application Disposition: Completed application forms shall become the property of the City. They shall not be returned to the individual applicant. Applications filed through the selection process may be destroyed after a period of three years.
(g) 
Screening: The screening of applications will be conducted in a non-discriminatory manner. The screening process will be based upon the application, any supplemental application/questionnaire and other information received which clearly demonstrates the most appropriate breadth and depth of job-related training, experience, and education for the position. Applicants not meeting the minimum qualifications for the vacant position will be screened-out, and only a limited number of the most suited applicants will be selected to further participate in the examination process. The City Manager's Office shall oversee the screening process for all full-time recruitments. The department directors shall oversee the screening process for all part-time and limited-service recruitments, and shall adhere to the administrative standards set forth in the part-time hiring manual, as well as the requirements of the City's electronic applicant tracking system.
(Ord. 97-13, eff. 12/4/97; Ord. 99-08, eff. 4/16/01; Ord. 2003-02, eff. 3/6/03; Ord. 2005-01, eff. 3/3/05; Ord. 2006-02, eff. 3/21/2006; Ord. 2007-08, eff. 7/5/07; Ord. 2009-03, eff. 3/5/09; Ord. 2010-03, eff. 5/20/10; Ord. 2011-02, eff. 5/5/11; Ord. 2012-02, eff. 4/5/12; Ord. 2014-02, eff. 4/17/14; Ord. 2017-10 § 3, eff. 8/31/17; Ord. 2019-01 § 6, eff. 3/21/19)
(a) 
Nature and Types of Examinations: The selection techniques used in the examination process shall be impartial and related to those subjects which, in the opinion of the City Manager, fairly measure the relative capacities of the person examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as: personal interview, written examination, performance tests, work samples, physical agility tests, evaluation of training and experience, psychological tests, background investigation, or any combination of these or other tests.
(1) 
Open Examinations: Examinations may be administered periodically for a single class as needed and approved by the City Manager. Names shall be placed on eligibility lists, and shall remain on such lists, as prescribed in these chapters.
(2) 
Promotional Examinations: Promotional examinations may be conducted whenever, in the opinion of the City Manager and the department director, it appears that it may meet the needs of the selection process. Promotional examinations may include any of the selection techniques mentioned in this chapter, or any combination of them. City employees who have full-time, probationary, part-time, or limited-service status, entered City service through a competitive process, and meet the requirements set forth in the promotional examination announcement may apply and compete in promotional examinations.
(b) 
Conduct of Examination: The City may contract with any competent agency or individual for the preparing and/or administering of examinations. Selection material shall be prepared under the direction of the City Manager. The City Manager may use examinations prepared by the contracted agencies or individuals when deemed appropriate. Qualified employees may assist as subject matter experts in the development and administration of the selection process if requested by the City Manager.
(c) 
Oral Board: Oral boards will be generally composed of members of the workforce at large and subject matter experts. Whenever possible, the oral board will include a member of a protected group, to reflect the composition of the applicants being interviewed. Non-technical, community interest representatives will be considered for the board when possible. The City Manager, or if the recruitment is for a part-time or limited-service position, the department director, shall have the responsibility for ensuring oral board diversity. Prior to the interview, the oral board members shall be provided an orientation to assure that questions are consistent, relevant, non-discriminatory and provide an equal opportunity for applicants to present their qualifications.
(d) 
Scoring Examination and Qualifying Scores: A candidate's score in a given examination shall be the total of his scores on each competitive part of the examination, weighted as determined for the selection process. Failure in one part of the examination may be grounds for declaring such applicant as failing the entire examination or as disqualified for subsequent parts of an examination.
The City Manager's Office will determine pass-points on all written examinations. In determining an examination's pass-point, the City may take into consideration such factors as, but not limited to, an appropriate amount of candidates to interview, natural "breaks" in the score distribution, and the minimization of adverse impacts on the applicant pool.
City employees who have full-time, 32-hour part-time, probationary, limited-service or status as a reserve and are competing in an open recruitment for another position, and are required to take a written examination for screening purposes, shall be given extra credit equal to 5% of the individual's passing score.
The City Manager may, at his discretion, include as part of the examination, tests which are qualifying only.
(e) 
Notice of Examination Results: Applicants shall be notified by mail or email concerning the results of their participation in the selection process. Said notification shall indicate whether the applicant is being considered further in the recruitment process or if the applicant has been placed on the eligibility list. Except as set out below, no test scores will be released to applicants, except if required by the certifying agency, or in the case of a joint recruitment when written test scores may be released.
Notwithstanding the restriction on release of test scores above, a City employee who holds employment in a sworn designation in the Santa Maria Fire Department or Santa Maria Police Department and is participating in a promotional examination for a position other than Fire Chief or Police Chief in that same department may review the applicant's own test scores for that recruitment, as follows. Once a candidate is appointed to the position, an applicant who participated may email a request to the Human Resources Division to review his or her own score(s), including written examination scores. The request must include the applicant's preferred telephone contact number and at least three date/times during the applicant's off-duty time and during normal City Hall business hours for the review. Human Resources staff will confirm the meeting date and time by email. At the meeting, the applicant can review his or her own scores for the recruitment, including scores on any written exam. Upon request the applicant may also receive debriefing from Human Resources staff concerning the applicant's interview.
(f) 
Inspection of Tests: All candidates may request to inspect their own test answer sheet within five working days after the notifications of examination results. Any error in computation, if called to the attention of the City Manager within this period, shall be corrected. Such corrections will not, however, require invalidation of appointments previously made. A process for handling written complaints regarding test content or test procedures may be established in a joint recruitment.
(g) 
Record: The record of each selection process shall be maintained in the City Manager's Office for the period of three years and shall include the applicants' names and scores, method of testing, sample and scores of the examination, and the names of the proctors and/or oral board participants.
(h) 
Selection Procedures: The selection procedures shall be conducted under the supervision of the City Manager or through his designated staff.
(i) 
Exemption from Examination: A vacant position may be exempted from examination by the City Manager if it is to be filled by the assignment of an individual who is not presently a City employee but is performing duties of the position as part of a designated federal, State, local, or other rehabilitation training program. The training program must have job placement as a goal and the individual will be required to meet the minimum requirements for the position and have performed satisfactorily during the training period before probationary appointment may be authorized.
Upon concurrence of the department(s) concerned and with the approval of the City Manager, an employee may be placed in a vacancy in another class when a disabling condition prevents continuing performance of the duties in the present class or the employee is party to a layoff and has qualified for the vacancy. The disabled employee does not have to be on an eligibility list for the class to which the appointment is being made.
(j) 
Physical Examinations: The City shall have the right to require a job-related physical examination of any applicant for employment or new employee and in addition shall have the right to require periodic medical examinations of all City employees.
(Prior Code § 2-37; Ord. 97-13, eff. 12/4/97; Ord. 99-08, eff. 4/16/99; Ord. 2007-08, eff. 7/5/07; Ord. 2009-03, eff. 3/5/09; Ord. 2010-03, eff. 5/20/10; Ord. 2011-02, eff. 5/5/2011; Ord. 2012-02, eff. 4/5/12; Ord. 2013-02, eff. 4/4/13; Ord. 2014-02, eff. 4/17/14; Ord. 2019-01 § 7, eff. 3/21/19)
(a) 
Establishment of Eligibility List: The City Manager shall establish lists, either in hard-copy or as information in electronic format via an applicant tracking system, as a result of open or promotional examinations. Eligibility lists shall be confidential; names and final scores shall not be made public information.
A vacancy in a part-time classification may be filled using an existing eligibility list from a comparable or higher level classification upon approval of the City Manager.
(b) 
Eligibility List Order: All eligible receiving a total overall score of 70% and above, from the examination process, shall be certified to the eligibility list. Names appearing on the eligibility list shall be ranked in the order of their overall score or position placement. The appointing authority may select any eligible from the eligibility list who has been certified by the board.
(c) 
Appointments: After receipt of the eligibility list, the appointing authority shall proceed with a job-related interview. The appointing authority or a designated representative may review the application forms and examination papers. Reports on file in the Human Resources Division and reference checks shall be used prior to the actual offer of employment. When a decision has been made, the appointing authority shall immediately return a copy of the certified eligibility list with the appropriate job-related comments in reference to his or her employment decision, pursuant to the City's Equal Opportunity in Employment Plan, to the City Manager for approval. The appointing authority is also responsible to provide all notifications to those candidates who continue in the examination process after the eligibility list has been established. No appointment is official until the City Manager signs and files a formal document appointing the applicant to a job position following successful completion of all employment procedures. Until formal appointment is made in this manner, any offers of City employment are conditional and preliminary and may be withdrawn.
(d) 
Duration of Lists: An eligibility list shall be in effect from the date it is certified by the City Manager. It shall remain in effect up to six months and will expire at that time unless the City Manager, after review with the appropriate appointing authority, extends the list.
An eligibility list may be extended for a period not greater than an additional six months by the City Manager when it appears to be in the best interest of the City, except in the case of a joint recruitment when an eligibility list may be extended for a period not greater than an additional 18 months. The City Manager may abolish a promotional recruitment eligibility list when fewer than three names remain on the list or when a certification of three active eligibles is not available. The City Manager may abolish an open recruitment eligibility list when fewer than four names remain on the list or when a certification of four active eligibles is not available. Active eligibles on an abolished list shall be given the opportunity to reapply for the classification or have their names integrated in the newly established list if the selection procedure has not changed, for a period not to exceed the life of the newly established list. In order to make their determination, eligibles may be notified of their score. If eligibles decide to have their names integrated in the newly established list, such integration may be granted only once for any eligibility list.
(e) 
Removal from Lists: The name of an eligible may be removed from an eligibility list by the City Manager:
(1) 
For any cause in these chapters deemed sufficient for disqualification of application or dismissal from the City service;
(2) 
On evidence that the eligible cannot be located by the postal authorities;
(3) 
On receipt of a statement from the eligible indicating a lack of interest in the class or the City service;
(4) 
If more than one offer of an appointment to the class for which the eligibility list was established has been declined by the eligible;
(5) 
If eligibles on a promotional list are separated from City services, their names shall be removed from the list; and/or
(6) 
If an eligible accepts a job with another agency participating in a joint recruitment.
(Ord. 99-08, eff. 4/16/99; Ord. 2005-01, eff. 3/3/05; Ord. 2006-02, eff. 3/21/2006; Ord. 2007-08, eff. 7/5/07; Ord. 2010-03, eff. 5/20/10; Ord. 2014-02, eff. 4/17/14)
(a) 
Purpose: The probationary period is the final step in the selection process; it is an extension of the examination process and the employee's performance shall be carefully observed and documented through the performance appraisal process.
(b) 
Duration of Probationary Period: Each appointment or promotion made to a full-time or part-time position in City service shall be subject to a probationary period; for the length of the probationary period, refer to existing memoranda of understanding or applicable resolution.
(c) 
Successful Completion of Probationary Period: If the employee's performance has been satisfactory and advancement to regular status is warranted, the department director shall so state in the employee's final probationary performance evaluation report. The employee shall then be advanced to regular status.
(d) 
Rejection of Probationer: If the employee's performance has not been satisfactory, the department director with the approval of the City Manager may terminate any employee during the probationary period. The employee shall have no right of appeal during the probationary period, but shall be afforded the opportunity to respond to the proposed disciplinary action pursuant to the then-current CAM.
In the event the probationary employee is subject to disciplinary action, other than termination, the department director of the employee shall deliver to the employee a written notice of the proposed action, the reasons supporting the proposed action, and a statement that the employee may respond, either orally, in writing, or both, to the proposed action as prescribed in the appropriate memoranda of understanding, resolution or CAM.
(e) 
Rejection Following Promotion: A promoted employee who does not successfully complete a probationary period will be restored to the same or similar position (if available) in the same class from which promoted unless charges are filed and employee is discharged in the manner provided for in these chapters. If there is no vacancy for such position, the employee may request to be placed on a re-employment list.
(f) 
Extension of Probationary Period: It is not the City's general policy to extend probationary periods; however, a probationary period may be extended beyond the duration of time called for in these chapters if the department director feels the extension is necessary to best judge the employee's ability and such extension is approved by the City Manager.
(Ord. 97-13, eff. 12/4/97; Ord. 2005-01, eff. 3/3/05; Ord. 2006-02, eff. 3/21/2006; Ord. 2007-08, eff. 7/5/07; Ord. 2012-02, eff. 4/5/12; Ord. 2019-01 § 8, eff. 3/21/19)
(a) 
Promotion of employees to a higher range with the City shall be made by the City Manager when found qualified by suitable tests and after standard recruitment methods have been followed and the employee found to be the best-qualified candidate.
(b) 
A promotion to a higher range shall be on the basis of assignment of substantially more responsible duties or a different position commensurate with those set forth in the class specifications.
(c) 
In case of the promotion of any employee in the City service to a higher pay range, the provisions of Section 2-20.06 shall apply.
(Ord. 99-08, eff. 4/16/99)
(a) 
A demotion to lower class shall be on the basis of assignment of substantially less responsible duties commensurate with those set forth in the class specifications.
(b) 
In the case of a demotion for disciplinary reasons of an employee of the City to a class with a lower pay range, such employee shall be retained in the same pay step in the lower range as he was in, in the higher class before demotion. In the case of a voluntary demotion to a position in a lower classification for which the employee is qualified, the employee shall be retained in the salary step in the lower classification consistent to the salary step in the higher classification. In such cases, the employee shall retain his original anniversary date.
(Prior Code § 2-38(c), (e); Ord. 97-13, eff. 12/4/97)
In the case of the transfer of an employee from one position to another in the same range, the employee shall remain at the same pay step and shall retain his original anniversary date.
(Prior Code § 2-38(f); Ord. 97-13, eff. 12/4/97)
Whenever an employee accepts work under a different class of position in the City service, the character and nature of which work is similar and the responsibilities of which are equal or superior to the work such employee has been performing, and later returns to his former position, his term of employment under such different class of position shall apply on and be added to his term of service in the former class upon his return to same; provided, that his employment in the City service has been continuous from the date on which the employee accepts work in such different class.
(Prior Code § 2-39; Ord. 97-13, eff. 12/4/97)
(a) 
All City employment, with the exception of that of full-time Firefighters, is based on a 40 hour workweek. Employment in a "shift" position in the Fire Department is based on a 56 hour week.
(b) 
Daily hours of work (or shifts) for employees within departments shall be assigned by department directors as required to meet the operational requirements of such departments.
(c) 
Monthly compensation shall be based on a 40 hour and 56 hour workweek, as stated in subsection (a) of this section, and no authorization may be made for an employee to work less than 40 hours or 56 hours without direct proportionate decrease in compensation.
(d) 
Any foreseeable absence or other deviation from regular working hours desired by an employee shall, in advance, be cleared through the office of the City Manager and such absences shall be noted on the employee's time sheet.
(Prior Code § 2-40; Ord. 97-13, eff. 12/4/97; Ord. 2009-03, eff. 3/5/09; Ord. 2014-02, eff. 4/17/14; Ord. 2019-01 § 9, eff. 3/21/19)
Except as otherwise provided, employees who are not employed as full-time employees as listed in the established classification plan and as approved in the budget shall be considered part-time or limited-service employees. Compensation therefor shall be determined by the relation that the actual number of hours of service bears to the number of hours required in full-time employment in each class of position. The hourly rates prescribed for limited-service employees are considered full compensation to include the value of vacation, sick leave and holidays, except as otherwise prescribed by state or federal legislation.
Part-time employees who are selected to fill a full-time position may not receive credit for time served in their part-time status. Part-time employees may not be appointed to occupy a full-time position without successful completion of a competitive selection examination process.
Part-time employees are categorized as working 32-hours per week.
(a) 
32-hour per week part-time: All 32-hour per week part-time employees shall meet the minimum qualifications for the appointed position. 32-hour per week part-time employees are appointed to budgeted part-time positions (not to exceed 32 hours/week) and may be eligible for benefits pursuant to the applicable memoranda of understanding.
32-hour per week part-time employees shall not be entitled to preference for, or right to, a regular full-time position. A person hired as a 32-hour per week part-time employee shall be notified in writing of the above on forms furnished by the City Manager that so state. Original notification shall be signed by the employee and kept in the Human Resources Division.
(b) 
Limited-Service: All limited-service employees shall meet the minimum qualifications for the position appointed to. Limited-service employees shall be appointed to non-regular positions of a limited duration (not to exceed a maximum of either 19 hours per week or 999 hours per fiscal year) and are not eligible for part-time benefits. However, employees hired on a temporary basis for a specific project may work as long as necessary to complete that project with prior written approval by the City Manager.
Limited-service employees shall not be entitled to preference for, or right to, a regular part-time or full-time position. A person hired as a limited-service appointment shall be notified in writing of the above on forms furnished by the City Manager that so state and that the appointment is of a temporary nature. Original notification shall be signed by the employee and kept in the Human Resources Division.
(Prior Code § 2-41; Ord. 97-13, eff. 12/4/97; Ord. 2005-01, eff. 3/3/05; Ord. 2006-02, eff. 3/21/2006; Ord. 2007-08, eff. 7/5/07; Ord. 2009-03, eff. 3/5/09; Ord. 2010-03, eff. 5/20/10; Ord. 2011-02, eff. 5/5/11; Ord. 2012-02, eff. 4/5/12; Ord. 2014-02, eff. 4/17/14; Ord. 2016-05 § 6, eff. 3/2/16)
(a) 
It is the policy of the City to avoid the necessity for overtime work whenever possible.
(b) 
In the case of classifications that are exempted from working hour restrictions by the Fair Labor Standards Act ("exempt classifications"), the monthly salaries shall be considered full compensation for all hours worked except as may be provided for in the current memoranda of understanding or resolution, and no overtime shall be paid except that said employees shall receive management leave in accordance with the then-current resolution.
(c) 
In emergencies, where prior authorization cannot be issued, the department director shall obtain approval for the overtime worked by an employee at the earliest opportunity thereafter, in no case to exceed 10 days after the date worked.
(d) 
Overtime work for employees other than exempt classifications shall be compensated in accordance with applicable federal law and/or the then-current Memoranda of Understanding or resolution. The rate of overtime compensation shall be set by resolution of the City Council.
(e) 
Incidental overtime is not compensable and may not be credited as overtime. Unless otherwise provided for in the then-current memoranda of understanding or resolution, incidental overtime shall be deemed to be any amount of overtime less than one-quarter (1/4) hour in one day.
(f) 
The time when compensating time off may be taken shall be at the discretion of the department director. If the employee fails to take his compensating time off at the time designated by the department director, he shall have waived his right to compensation for such overtime.
(Prior Code § 2-42(a)—(f); Ord. 97-13, eff. 12/4/97; Ord. 99-08, eff. 4/16/99; Ord. 2006-02, eff. 3/21/2006; Ord. 2007-08, eff. 7/5/07; Ord. 2011-02, eff. 5/5/11; Ord. 2012-02, eff. 4/5/12; Ord. 2019-01 § 10, eff. 3/21/19)
In those departments in which regular shift assignments require employees to work on an observed holiday, during which other City employees are not required to work, unless otherwise provided for in a memorandum of understanding, such employees shall have credited as overtime the hours equivalent to those worked by them on the holiday or at the rate prescribed by the Council by resolution.
(Prior Code § 2-42(g); Ord. 97-13, eff. 12/4/97; Ord. 2005-01, eff. 3/3/05; Ord. 2007-08, eff. 7/5/07)
Every full-time employee shall be allowed vacation leave with pay, which vacation leave shall be earned at the rates and in the manner prescribed by the City Council in accordance with the applicable resolution or the then-current memoranda of understanding with the respective then-recognized employee representatives.
Vacations shall be scheduled by the department directors so as not to interfere seriously with or impair the efficiency of the various departments. Vacation leave may be accumulated up to a maximum amount in accordance with the then-current resolution or memoranda of understanding.
(a) 
An employee about to be separated from City service, and who has earned vacation time to his or her credit, shall be paid for such vacation through the effective date of such separation.
(b) 
Holidays occurring during a vacation shall not be counted as a day of vacation.
(c) 
The City Manager shall review and approve vacation periods for the chief officials and the department directors of the City, except the City Librarian and City Attorney.
(Prior Code § 2-43; Ord. 97-13, eff. 12/4/97; Ord. 2005-01, eff. 3/3/05; Ord. 2007-08, eff. 7/5/07; Ord. 2012-02, eff. 4/5/12; Ord. 2014-02, eff. 4/17/14; Ord. 2019-01 § 11, eff. 3/21/19)
(a) 
Unless otherwise provided for in the then-current memoranda of understanding or resolution, holidays for all sworn shift Fire Department personnel of the City shall be as follows: January 1st (New Year's Day), February 12th (Lincoln's Birthday), the third Monday in February (Washington's Birthday), the last Monday in May (Memorial Day), July 4th (Independence Day), the first Monday in September (Labor Day), the second Monday in October (Columbus Day), November 11th (Veterans Day), the fourth Thursday of November (Thanksgiving), December 24th (Christmas Eve), December 25th (Christmas) and December 31st (New Year's Eve).
(b) 
Unless otherwise provided for in the then-current resolution, holidays for all management and other full-time officers and personnel of the City, other than fire and police sworn personnel and Dispatch personnel, shall be eight hours of holiday pay for each holiday as follows: January 1st (New Year's Day), the last Monday in May (Memorial Day), July 4th (Independence Day), the first Monday in September (Labor Day), the fourth Thursday of November (Thanksgiving), the fourth Friday of November (the day after Thanksgiving) and December 25th (Christmas). In addition to the foregoing, those personnel shall be entitled to 40 holiday hours per year, designated floating time, which shall be designated and approved by the City Manager, in accordance with the provisions of this chapter, and routine City operations will be conducted on such floating holidays.
(b.1) 
Unless otherwise provided for in the then-current memoranda of understanding or resolution, holidays for all 32-hour part-time personnel of the City, shall be six hours of holiday pay for each holiday as follows: January 1st (New Year's Day), the last Monday in May (Memorial Day), July 4th (Independence Day), the first Monday in September (Labor Day), the fourth Thursday of November (Thanksgiving), the fourth Friday of November (the day after Thanks-giving) and December 25th (Christmas). In addition to the foregoing, those personnel shall be entitled to 32 holiday hours per year, designated floating time, which shall be designated and approved by the City Manager, in accordance with the provisions of this chapter, and routine City operations will be conducted on such floating holiday.
(c) 
In addition to the holidays set out in subsections (a) and (b) of this section, holidays for all officers and employees of the City shall include each day designated or proclaimed by the President of the United States or the Governor of the State for a public fast, Thanksgiving or holiday, in the event such designation or proclamation is also designated by the Mayor, by the Mayor pro tem, if the Mayor is unable to act by reason of absence or otherwise, or by the acting Mayor, if both the Mayor and the Mayor pro tem are unable to act by reason of absence or otherwise.
(d) 
The City Manager, in his discretion, in each year, may designate any one or more of the holidays listed in this section as a holiday not to be observed, and designate another and different day or half days to be observed as a holiday in lieu thereof, in accordance with then-current memoranda of understanding or resolution. The City Manager is further authorized to designate alternate days off for any of the holidays designated in this section as the same affect special-shift and weekend workers, in order to adjust inequities which may result therefrom.
(e) 
Whenever any of the holidays listed in this section falls on a Sunday, the following Monday shall be a holiday in lieu thereof.
(f) 
Whenever any of the holidays listed in this section falls on a Saturday, the preceding Friday shall be a holiday in lieu thereof.
(Prior Code § 2-44; Ord. 97-13, eff. 12/4/97; Ord. 99-08, eff. 4/16/99; Ord. 2005-01, eff. 3/3/05; Ord. 2006-02, eff. 3/21/2006; Ord. 2007-08, eff. 7/5/07; Ord. 2012-02, eff. 4/5/12; Ord. 2014-02, eff. 4/17/14; Ord. 2016-05 § 7, eff. 3/2/16; Ord. 2017-10 § 4, eff. 8/31/17)
(a) 
Unless otherwise provided for in the then-current resolution or memoranda of understanding, each full-time City employee is entitled to the accrual rate of one day of sick leave with pay for each calendar month of service, on the submission of satisfactory proof of the necessity for sick leave.
(b) 
Employees shall be entitled to accumulate and receive sick leave with pay from the first day of employment.
(c) 
Sick leave shall be granted only in case of a bona fide illness of an employee; or an illness involving an employee's family member incapable of self care; or medical, dental or optical examination or treatment; or in case of the death of a member of an employee's family. An employee's allowable sick leave shall not exceed provisions of the then-current resolution or memoranda of understanding.
(d) 
Sick leave may be accumulated without limit. Accumulated unused sick leave may be paid in whole or in part to an employee upon termination in accordance with the then-current resolution, memoranda of understanding, or employment contract, and subsection (h) of this Section. No additional sick leave with pay beyond that accumulated shall be granted to any employee in any event.
(e) 
A City employee who is entitled to temporary disability indemnity under the Labor Code may elect to take as much accumulated sick leave, accumulated vacation, accumulated personal leave, earned administrative leave, or earned floating holidays, after the employee's disability indemnity, which will result in a payment of his or her full salary or wage. The employee is nevertheless entitled to medical, surgical and hospital treatment as provided in the Labor Code. When the employee's accumulated/earned leave is exhausted, s/he is still entitled to receive disability indemnity.
(f) 
Holidays occurring during paid sick leave shall not be counted as a day of sick leave.
(g) 
Evidence, in the form of a health care provider's certificate or otherwise, may be required in determining the adequacy of reasons for any employee's absence during a time for which sick leave is requested.
(h) 
No payment shall be made for accumulated sick leave at the time of termination of employment, except for regular retirement, disability retirement, death, or as authorized by way of employment contracts. The appropriate compensation shall be set by resolution of the Council from time to time.
(Prior Code § 2-45; Ord. 97-13, eff. 12/4/97; Ord. 99-08, eff. 4/16/99; Ord. 2005-01, eff. 3/3/05; Ord. 2007-08, eff. 7/5/07; Ord. 2008-01, eff. 3/20/08; Ord. 2009-03, eff. 3/5/09; Ord. 2011-02, eff. 5/5/2011; Ord. 2016-05 § 8, eff. 3/2/16)
(a) 
Unless otherwise provided for in the applicable Memoranda of Understanding, each 32-hour part time employee is entitled to personal leave. Personal leave is defined as paid leave time to be used for personal time off, or sick leave types of uses, or family bereavement leave. Provisions for accrual, accrual rate, use, administration and other matters pertaining to personal leave shall be as provided below and in then-current Memoranda of Understanding.
(b) 
Personal leave time used as personal time off shall be scheduled by the department directors so as not to interfere seriously with or impair the efficiency of various departments.
(c) 
Personal leave time as sick leave shall be granted only in case of a bona fide illness of an employee; or an illness involving an employee's family member incapable of self-care; or medical, dental or optical examination or treatment; or in case of the death of a member of an employee's family. An employee's allowable personal leave used as sick leave shall not exceed provisions of the then-current Memoranda of Understanding.
(d) 
Holidays occurring during use of authorized paid personal leave time, shall not be counted as paid holiday leave.
(e) 
Evidence, in the form of a health care provider's certificate or otherwise, may be required in determining the adequacy of reasons for any employee's absence during a time for which personal leave time used as sick leave is requested.
(Ord. 2011-02, eff. 5/5/11; Ord. 2012-02, eff. 4/5/12; Ord. 2016-05 § 9, eff. 3/2/16; Ord. 2019-01 § 12, eff. 3/21/19)
No employee of the City shall engage in any occupation or outside activity which is incompatible with his employment by the City, as determined by the City Manager in the manner provided in this chapter. Any officer or employee proposing to engage in an occupation or outside activity for compensation shall make written application to the City Manager, setting forth the time required and the nature of such proposed occupation or activity, and the City Manager shall determine whether or not such activity is incompatible with City employment, and approve or disapprove the application. Approved applications must be renewed at periodic intervals, which intervals shall be determined by the City Manager.
(Prior Code § 2-46; Ord. 2007-08, eff. 7/5/07; Ord. 97-13, eff. 12/4/97)
The City Manager shall maintain such employee records as are necessary to the accomplishment of the various provisions of this chapter. These records shall include a central roster of employees and positions which is to include the record of employment of each employee in the classified service, including dates of service, positions held, salaries or wages received, leave benefits earned, accrued and taken, and other such information as may be deemed appropriate.
(Prior Code § 2-47; Ord. 97-13, eff. 12/4/97; Ord. 2012-02, eff. 4/5/12)
Military leave with pay shall be granted in accordance with Section 395 of the Military and Veterans' Code, the first 30 days of which, in any fiscal year, shall be with pay pursuant to the appropriate CAM.
(Prior Code § 2-48; Ord. 97-13, eff. 12/4/97)
The City Council, upon the recommendation of the City Manager, may adopt regulations implementing or supplementing the provisions of this chapter by resolution. Such regulations may include, but are not necessarily limited to, provisions for incentive pay, uniform allowances and other matters of benefit to the City and employees, and specific provisions for carrying out, implementing or clarifying the provisions of this chapter.
(Prior Code § 2-48.1; Ord. 97-13, eff. 12/4/97)
The Bi-weekly Salary Schedule, Schematic List of Classes and Salary Ranges, and Part-Time and Limited-Service Compensation Schedule shall be adopted and amended by supplemental resolution and the salaries and pay ranges contained therein shall be fixed by either ordinance or resolution.
(Prior Code § 2-49; Ord. 97-13, eff. 12/4/97; Ord. 99-08, eff. 4/16/99; Ord. 2006-02, eff. 3/21/2006; Ord. 2007-08, eff. 7/5/07)
Nothing contained in this chapter shall operate to or be construed to limit the right of the City to discharge any employee at will. Nothing contained in this chapter shall be construed to be the adoption of a merit system or civil service system, nor a system for the suspension, discharge or retirement of appointive officers and employees. This chapter is enacted pursuant to the authority conferred upon the City by Sections 36505 and 36506 of the Government Code to create a civil service system. It is not the intention of the City Council in adopting the provisions codified in this chapter to exercise any of the powers or authority conferred upon it by Section 45000 et seq. of the Government Code. If any section, phrase or clause of this chapter is found by any court to have been an exercise of powers and authority granted by Section 45000 et seq., and not an exercise of authority and powers granted by Sections 36505 and 36506 of the Government Code, then such section, phrase or clause shall be void and of no force or effect.
(Prior Code § 2-50; Ord. 97-13, eff. 12/4/97)