HomeMy WebLinkAboutNS-2946 - Amending Certain Sections of Chapter Nine and Chapter Two of Santa Ana Municipal Code to Change Executive Director of Personnel Services to Executive Director of Human ResourcesORDINANCE NO. NS -2946
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CERTAIN SECTIONS OF
CHAPTER NINE AND CHAPTER TWO OF THE SANTA
ANA MUNICIPAL CODE TO CHANGE EXECUTIVE
DIRECTOR OF PERSONNEL SERVICES TO EXECUTIVE
DIRECTOR OF HUMAN RESOURCES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The current job classification title of Executive Director of the Personnel
Services is outdated and does not reflect the current operational structure of the
Department.
B. Over the years, the Personnel Services Department handles much more than
just personnel items. The Department has expanded its role in the organization
to training and development; employee and labor relations; wellness programs,
risk management and many other employee -centered programs.
C. In an effort to reflect this wide -reaching and encompassing philosophy, the
outdated title of Executive Director of Personnel Services is to be replaced with
Executive Director of Human Resources. Likewise, the Personnel Services
Agency will now be known as the Human Resources Department.
Section 2. The Santa Ana City Council hereby amends Sections 2-300 and 2-
300.7 of Chapter 2 of the Santa Ana Municipal Code as follows:
ARTICLE IV.- OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS
DIVISION 1.- GENERALLY
Sec. 2-300. - City officers and department heads.
The following are officers of the City of Santa Ana:
(1) Members of the city council;
(2) City manager;
(3) City attorney;
(4) Clerk of the council;
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(5) Assistant city manager;
(6) Deputy city manager for development services;
(7) Special assistant to the city manager;
(8) Police chief;
(9) Executive director of finance and management services;
(10)Executive director of public works;
(11)Executive director of parks, recreation and community services;
(12)Executive director of human resources;
(13)Executive director of community development;
(14)Executive director of planning and building safety.
Sec. 2-300.7. - Executive director of human resources
All references in the charter or this Code, or in any resolution, agreement,
regulation, authorization or directive of the city council, the city manager, or any board
or commission of the City of Santa Ana, or any document whatsoever, to the executive
director of personnel services or director of personnel shall be deemed references to
the executive director of human resources.
Section 3. The Santa Ana City Council hereby amends sections 9-2 through 9-
2.5, 9-4, 9-8, through 9-9, 9-11 through 9-12, 9-15, 9-32, 9-38, through 9-40, 9-42
through 9-43, 9-46, 9-61 through 9-62, 9-66 through 9-67-69, 9-71, 9-92 through 9-93,
9-112, 9-115, 9-118, 9-142 through 9-143, and 9-166 of Chapter 9 of the Santa Ana
Municipal Code as follows:
ARTICLE I.- IN GENERAL
Sec. 9-2. - Definitions.
The following terms, whenever used in these rules and regulations, shall be
construed as follows:
Assembled examination: A test conducted at a specified time and place at which
applicants are required to appear for competitive examination under the supervision of
an examiner.
Board: The personnel board appointed in accordance with sections 911 and 912 of
the charter.
Charter: The Charter of the city, ratified by the voters of the City November 4, 1952,
adopted by California Concurrent Resolution No. 10, in Assembly January 8, 1953, and
in Senate January 8, 1953, as amended.
Class or classification: A group of positions in the competitive service which are
substantially so similar as to require the same kind and amount of training and
experience for proper performance and to merit equal pay.
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Council: The city council of the City of Santa Ana.
Executive director of human resources: That person designated by the city manager
to have charge of personnel administration.
Eligible: A person who legally may be appointed to a vacant position in the
competitive service as provided in the rules.
Eligible list: A list of persons eligible for appointment in the competitive service to
positions in the class indicated by the title of the class.
Memorandum of understanding: An agreement between the city and represented
employees under the Meyers-Milias-Brown Act.
Oath of office: That oath required by the charter, prior to entering upon the duties of
a position.
Part-time appointment: An employee appointed to a position which averages more
than twenty (20) hours and less than forty (40) hours per week within the civil service
system as outlined in these rules and regulations.
Part-time employee: An employee appointed to a position within the civil service
system which averages more than twenty (20) hours and less than forty (40) hours per
week.
Position: A group of current duties, tasks and responsibilities assigned or delegated
by competent authority, requiring the full or part-time services of one (1) person.
Regular appointment: An appointment to a regular full-time or part-time civil service
position after completion of the prescribed probationary period.
Regular employee/status: A full-time or part-time employee who has successfully
completed his or her probationary period and has received a regular appointment. An
employee who has attained regular status retains that status during any probationary
promotional periods.
Unassembled examination: An appraisal of training, experience, work history, or
use of other means for evaluating relative qualifications without the necessity for the
personal appearance of applicants at a specified time.
Sec. 9-2.5. - Appointing authorities.
(a) For purposes of section 707 of the charter, the following officers of the city are
designated as the heads of a department, office or agency, having the power to
appoint and remove such deputies, assistants, subordinates, and employees as
are provided by the city council for their department, office, or agency, and shall
be deemed to be a "department head," "appointing officer," and "appointing
authority" with respect to such deputies, assistants, subordinates and
employees for purposes of this chapter:
(1) City attorney;
(2) Clerk of the council;
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(3) Police chief;
(4) Fire chief;
(5) Executive director of finance and management services;
(6) Executive director of public works;
(7) Executive director of recreation and community services;
(8) Executive director of human resources;
(9) Executive director of planning and building safety;
(10) Executive director of community development;
(11) Library director;
(b) The city manager shall be the "appointing officer' and "appointing authority" for
purposes of this chapter for all appointed officers of the city except officers
appointed by the city council pursuant to the charter and for those employees of
the city who are not subject to appointment and dismissal by any officer
designated in subsection (a) of this section.
(c)The officers listed in subsection (a) of this section shall constitute the heads of
departments of the city for purposes of clause (7) of subsection (a) of section
1002 of the charter.
Sec. 9-4. - Executive director of human resources.
There is created the position of executive director of human resources. The
executive director of human resources shall be appointed by, and serve at the pleasure
of, the city manager. The duties of the executive director of human resources may be
combined with those of any other office or position which is filled by appointment by the
city manager. The executive director of human resources shall:
(1) Serve as secretary to the personnel board, if so appointed by the city manager.
(2) Administer all the provisions of the civil service rules and regulations except
those specifically reserved to the council, the personnel board, or the city
manager.
(3) Be custodian of the official records concerning the employment status of all
employees.
(4) Confirm that authorized budgeted positions exist, before probationary or
temporary appointments are made.
(5) Keep such records as required by these rules and regulations.
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(6) Ascertain that employee pay items conform to memorandum of understanding
provisions and to federal, state and municipal laws.
Sec. 9-8. - Medical examinations.
Before the initial placement with the city, individuals receiving job offers will be
required to successfully pass a physical examination before a licensed physician. The
standards for the physical examination including the drug screening shall be established
prior to publication of the written announcement of the examination. The licensed
physician mentioned in this section shall be one selected by the executive director of
human resources. The examination fee shall be paid by the city.
A candidate for a promotional appointment to a classification which requires higher
or more stringent medical standards than the classification from which the candidate
seeks promotion shall be required to pass a medical examination prior to appointment.
Sec. 9-9. - Hearings—Before personnel board.
Hearings before the personnel board shall be called by the chair of the personnel
board or, in the chair's absence, by the vice -chair. The chair shall make arrangements
through the executive director of human resources for suitable clerical assistance and
for assignment of space in which to hold the hearings.
Sec. 9-11. - Employee performance appraisals.
The city manager shall establish and make effective a system of employee
performance appraisal. Such evaluations shall be prepared by the employee's
immediate supervisor and shall be reviewed by the division and/or department head.
Performance appraisals shall be reviewed with the employee concerned and the
employee shall sign the appraisal form to acknowledge said review. Performance
appraisals will be submitted according to the following schedule for full-time civil service
employees and after equivalent hours of service for part-time civil service employees:
(a) At the end of each four (4) months' service during probationary periods;
(b) Annually after completion of probation;
(c) Prior to a merit increase eligibility date;
(d) As called for, at the discretion of the appointing authority and/or as mandated
by the applicable memorandum of understanding.
Employee performance appraisals, including those prepared as directed in this
section will be delivered to the executive director of human resources for filing with the
records of the employee. Performance appraisals will be considered in making merit
salary advances and may be considered a factor in promotional examination,
demotions, and dismissals.
Sec. 9-12. - Employee records.
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Department heads shall furnish the executive director of human resources with
written reports of any disciplinary action involving loss of pay, and of any especially
noteworthy communication or oral commendation or condemnation received or written
by the department head relative to the performance of any employee.
Sec. 9-15. - Same—Records.
All departments shall keep attendance records prescribed by the city manager and
shall transmit them to the executive director of human resources on the dates he or she
shall specify.
ARTICLE II. -EXAMINATIONS
Sec. 9-32. - Announcement.
Whenever an examination is to be given, the executive director of human resources
shall give sufficient public notice to ensure an adequate number of applications are
received from qualified individuals. Notices for open competitive examinations shall be
posted on a bulletin board at the city hall, readily available to the public, in the office of
the executive director of personnel services and in the departments where exist
classifications for which examinations are being held, and in such other places as may
attract qualified candidates. The notices will contain sufficient information relative to the
examination to indicate to interested candidates the duties and prerequisites of the
position, together with dates, salaries and pertinent benefits. Promotional examinations
will be published by means of notices posted in the departments containing qualified
candidates and in the office of the executive director of human resources.
Sec. 9-38. - Conducting.
The executive director of human resources shall determine the manner and
methods and by whom examinations are to be administered. No person shall be
permitted to take an examination unless an application has been submitted in
accordance with the terms of the public notice for the particular position.
Sec. 9-39. - Qualification appraisal.
In examinations where the executive director of human resources considers it
appropriate, education, experience and personal qualifications of the candidates shall
be evaluated on the basis of interviews conducted by a board composed of persons
known to be interested in the improvement of public administration and in the selection
of efficient personnel according to merit system principles. In classifications requiring
technical knowledge, at least one (1) of the members of the board shall be familiar with
the technical aspects of the work in the classification for which the applicant will be
examined. The board mentioned in this section shall consist of at least two (2) persons.
Each member of the board will submit a report in writing on forms supplied by the
executive director of human resources, and these reports will be made available to the
appointing authority for those candidates who have been certified as eligible for
appointment. The boards described in this section will be known as qualification
appraisal boards.
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Sec. 9-40. - Rating.
The minimum grade or standard determining eligibility shall be based upon all
factors in the examination, including educational requirements, experience, and other
qualifying elements as shown on the application of the candidate or other verified
information. Each section of the examination shall be graded independently. Weights of
sections shall aggregate to one hundred (100). Veterans' preference and seniority shall
not be considered sections. When applicable, veterans' preference and seniority points
shall be added to the general average, and the resulting sum shall be used in
determining the order or band in which the name of the candidate shall appear on the
eligible list. Failure in one (1) section may be grounds for declaring the applicant as
having failed in the entire examination and as disqualifying for subsequent parts of an
examination as shall be determined by the executive director of human resources. All
applicants in the same examination shall be accorded uniform and equal treatment in all
phases of the examination procedure.
Sec. 9-42. - Error appeal.
During the five (5) working days commencing with the first working day after a
written test has been completed, a candidate may file with the executive director of
human resources an appeal against any item of the test or any part of the test, citing the
items or the parts against which the appeal is directed and the reasons for such an
appeal. An eligible list resulting from such test shall not thereafter be established until all
the disputed items have been reviewed by the executive director of human resources
and corrected if found to be wrong, or the appeal denied. Decisions of the executive
director of human resources shall be subject to review by the city manager upon written
request by the candidate filed with the executive director of human resources within five
(5) working days of the decision.
Sec. 9-43. - Grading appeal.
During the five (5) working days beginning with the day after notice of placement on
the eligible list has been mailed, a candidate may file with the executive director of
human resources a request to review the score assigned to each component of the
examination. If the candidate believes an error has been made in any computation of
his or her scores, including computation of score assigned to each examination
component, determination of weighted scores, or in the summing of weighted scores, he
or she may make application, in writing, to the executive director of human resources for
an adjustment of his or her score. However, in such application the candidate must
state specifically and particularly wherein he or she believes error has been made. Any
error that may appear shall be corrected, and any change in the standing of candidates
as a result thereof shall be made by the executive director of human resources within
five (5) working days after the appeal period. All conclusions in connection with appeals
shall be approved or disapproved by the city manager and shall be subject to review by
the personnel board upon written request by the candidate filed with the board within
five (5) working days after the candidate has been notified of the decision of the city
manager.
Sec. 9-46. - Same—Duration.
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Such eligible lists shall remain in effect for the time period listed below, unless
within such period the executive director of human resources shall not be able to certify
for appointment the number of persons required under the provisions of this chapter.
(a) Eligible lists for classifications designated as "local police/fire safety" members
of the public employees' retirement system shall be in effect for two (2) years.
(b) Eligible lists for all classifications which are not included in subsection (a) above
shall be in effect for six (6) months, but may be extended in six-month
increments with the approval of the city manager to allow for a maximum life of
list of two (2) years.
ARTICLE III. -FILING VACANCIES
Sec. 9-61. - Same—Request for removal or reinstatement of name.
An eligible, at any time, may request in writing that his or her name be withdrawn
temporarily from the eligible list and placed on inactive status. Upon approval of the
executive director of human resources such request shall be granted, and likewise,
upon written request of the eligible, his or her name may be reinstated to active status
during the life of the list.
Sec. 9-62. - Same—Consolidation.
Two (2) eligible lists of the same type (open or promotional) for the same
classification may be consolidated by the executive director of human resources by
placing eligibles from an old list onto a new list in accordance with the procedures
outlined in section 9-45. The names on the resulting (consolidated) list shall be certified
in accordance with the procedures outlined in section 9-66.
Sec. 9-66. - Certification—Procedure.
Upon receipt of the request from an appointing authority, the executive director of
human resources shall certify, to the appointing authority, names in accordance with the
following:
(1) If a reemployment list exists for the classification, one (1) name for each
vacancy.
(2) If no reemployment list exists, names shall be certified as follows:
(a) By transfer list, then by reappointment list. If the combined total of
candidates eligible for certification from these two (2) lists is less than five
(5), candidates may be certified from a promotional list, if any, or an open
list as shown below.
(b) For promotional -only appointments, the names of the candidates with the
three (3) highest scores on the promotional eligible list. Except in the case
of ties, the number of names to be certified from an active promotional list
shall be two (2) more than the number of appointments to be made.
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In the event of ties, if there are three (3) or more candidates at the highest
score, only those candidates shall be certified. If there are less than three
(3) candidates at the highest score but three (3) or more candidates within
the highest two (2) scores, then those candidates with the two (2) highest
scores will be certified.
If there are no ties at the first and second scores, then all candidates within
the top three (3) scores will be certified.
(c) For open appointments, the number of names to be certified from the open
eligible list may be four (4) more names than the number of appointments to
be made. When the number of candidates certified in the highest band is
less than five (5), the appointing authority may request the certification of
the next lower band. If more than five (5) people are in the group from
which an appointing authority is entitled to select, the appointing authority
may review the applications of the candidates in that group and select a
lesser number of candidates for certification whose qualifications best fit the
needs of the position.
Sec. 9-67. - Appointments.
The appointing authority may appoint, of the candidates certified, whichever one in
his or her opinion is best qualified for the position.
No candidate may be certified more than four (4) times from any eligible list
resulting from any one (1) examination except candidates on open eligible lists, who
may be certified more than four (4) times, at the discretion of the executive director of
human resources, in keeping with the charter.
If no eligible list for the classification exists, or if an existing list for the classification
contains less than three (3) promotional candidates or five (5) nonpromotional
candidates who are eligible and available for appointment, the executive director of
human resources shall so notify the appointing authority who may select from the
existing candidates or, after requesting a new recruitment, may make a temporary
appointment to the vacancy.
After making the selection, the appointing authority shall inform the executive
director of human resources of the candidate appointed, the date that person will
assume the duties of the position and the applicable rate of pay. After verification that
the candidate has passed the required medical examination per section 9-8, and after
verification of the execution of the oath of office, the executive director of human
resources shall confirm the appointment. After confirmation of the appointment, the
appointing authority shall enter the name of the employee on the employment rolls.
Sec. 9-67.1. - Exclusion of close relatives.
If, in the opinion of an appointing authority, the appointment of a candidate to a
position of employment under the jurisdiction of such appointing authority would result in
a violation of the policy set forth in section 9-3.1, the appointing authority shall so notify
the executive director of human resources, who shall exclude such candidate from the
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list of names certified to such appointing authority for such position. Any close relative of
an appointing authority shall likewise be excluded from any list certified to such
appointing authority. In the event a candidate is excluded pursuant to this section, the
executive director of human resources shall certify to the appointing authority a list
containing the names of all candidates who would have appeared on such list if the
excluded candidate had never been a candidate for the subject position of employment.
A candidate who is excluded pursuant to this section shall not be considered as having
been certified from an eligible list for purposes of sections 9-5 or 9-67.
Sec. 9-68. - Failure to appoint certified applicant.
If, upon certification, an eligible declines appointment or neglects to report to the
appointing authority for interview, the appointing authority shall notify the executive
director of human resources. The executive director of human resources shall remove
any eligible from the list for neglect to report within five (5) working days after notice has
been sent by mail to the address on file, unless said eligible provides an explanation
satisfactory to the executive director of human resources.
In the case of a promotional -only appointment, after an eligible declines
appointment and/or is removed from the eligible list, the executive director of human
resources shall upon the request of appointing authority certify the next candidate on
the list. In the case of an open appointment, after an eligible declines appointment
and/or is removed from the list, if the number of eligible candidates is less than five (5),
the executive director of human resources shall upon request of the appointing authority
certify the next lower band.
Sec. 9-69. - Filling by temporary appointment.
Temporary appointments may not be for a period longer than one hundred eighty
(180) calendar days after the first day of such temporary appointment, nor may
temporary appointments be made to any position a cumulative total of more than one
hundred eighty (180) calendar days in one (1) calendar year following the first day on
which the position is filled by a temporary appointment. Such temporary appointment
will be terminated when an employment list is prepared for the position. Temporary
appointments shall be processed by the executive director of human resources for
record keeping purposes and to conform with personnel policies and regulations.
Sec. 9-71. - Part-time positions in the excepted service.
Part-time positions of twenty (20) regular hours per week employment, as outlined
in the charter, will be processed by the executive director of human resources for record
keeping purposes and to conform with personnel policies and regulations.
ARTICLE IV. -PROBATION
Sec. 9-92. - Probationary period performance appraisals.
Performance appraisals will be prepared by the appointing authority every four (4)
months during the probationary period and filed with the executive director of human
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resources. These reports will bear the statement that the employee is to be retained or
rejected. The final report will be filed five (5) working days prior to the end of the
probationary period.
Sec. 9-93. - Probationary employee rejection.
A rejection during the probationary period will be effective as of the date of rejection
by the appointing authority. Within ten (10) days of the rejection, the appointing authority
will file a statement with the executive director of human resources, -stating the reason
for rejection and giving the effective date, which shall not be later than the last day of
the probationary period. In case of separation because of rejection during the
probationary period, the probationer concerned will be notified immediately in writing,
and a copy of such notice will be filed with the statement furnished the executive
director of human resources.
ARTICLE V.- DEMOTION, TRANSFER, RESIGNATION, REDUCTION -IN -FORCE,
LAYOFF, ETC.
Sec. 9-112. - Resignation—Submitting.
Any employee voluntarily leaving the employment of the city shall at least two (2)
weeks prior to separation, submit a written resignation to his or her department head
with the effective date and reason for resignation. Failure to furnish the written
resignation within the time stated in this section may be cause for denying the employee
reappointment privileges. Resignations shall be forwarded, by the appointing authority,
to the executive director of human resources.
Sec. 9-115. - Reversion to competitive service.
When an employee is entitled to reversion to his or her former position in the
competitive service from the excepted service, the executive director of human
resources will notify the appointing officer in the department from which the employee
transferred to the excepted service. The latter, in restoring the person to the former
position, as prescribed in the charter, will provide the required vacant position, if it does
not exist, by means of lay-off or demotion, as outlined in other sections of these rules
and regulations.
Sec. 9-118. - Suspensions; demotions; dismissals.
(a) Right to exercise the disciplinary and dismissal powers hereinafter provided is
vested respectively in the officers of the city who have the power of appointment as
to any position in the personnel system.
(b) Except as specified in subparagraph (d), any employee serving a probationary
period in a position in the civil service shall be subject to suspension without pay for
a period not to exceed ninety (90) days, demotion or dismissal, and the employee
so disciplined or discharged shall not have a right of appeal, except that an
employee who held regular status in some other position or employment included
within the civil service immediately prior to his appointment to probationary status
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shall not be discharged without written notice of charges, an opportunity to answer,
a written decision as hereinafter provided and right of appeal to the personnel
board.
(c) Except as specified in subparagraph (d), any employee, other than one serving a
probationary period, holding a position in the civil service shall be subject to
suspension without pay for a period not to exceed ninety (90) days, or to demotion,
or to dismissal subject to a right to appeal to the personnel board in accordance
with the procedures set forth in this article. However, such appeal shall not stay the
imposition of suspension, demotion or dismissal following the written decision of the
appointing authority.
(d) Each or any of said actions relating to suspension, demotion, or dismissal may be
taken by the officer having power of appointment to the position for reasonable and
sufficient cause; provided, however, that no employee who is exempt from the
requirements of the Fair Labor Standards Act shall be subject to suspension without
pay for any period of less than one (1) week.
(e) Each such employee shall have ten (10) calendar days after receipt of the written
decision of the appointing authority in which to file a notice requesting a hearing
before the personnel board. Such request for a hearing shall be filed with the
executive director of human resources. If a hearing is requested, the personnel
board shall thereupon set a date for hearing the matter at its earliest convenience.
Hearing procedures shall be informal, and the rules of evidence generally applicable
to administrative proceedings shall apply.
Such employee shall have an opportunity at such hearing to be heard in person, or
by counsel, and the right to subpoena witnesses. Except as otherwise provided by law,
all hearings held under the provisions of this section shall be open to the public.
(f) The personnel board shall make written findings which shall state as to each charge
whether or not such charge is sustained. The personnel board shall also set forth in
writing its conclusions and recommendations based upon such findings, and within
ten (10) days after concluding the hearing, it shall certify its findings, conclusions,
and recommendations to the officer from whose action the appeal was taken, and to
the city manager and the city council.
(g) If, with respect to a suspension, demotion, or dismissal, the personnel board shall
conclude that the employee charged was not guilty of the act or omission resulting
in such suspension, demotion, or dismissal, a recommendation by it of
reinstatement without loss of pay shall be binding upon the appointing authority,
who forthwith shall order such reinstatement. In the event that the personnel board
shall conclude that the employee was guilty of the act or omission resulting in such
suspension, demotion, or dismissal but that the penalty was not warranted under
the circumstances, the personnel board may review the severity and
appropriateness of the punishment. A recommendation by it of a greater or lesser
punishment or of reinstatement with or without loss of pay shall be binding upon the
appointing authority, who forthwith shall order the same.
If, with respect to a suspension, demotion or dismissal, the personnel board
concludes that the employee was guilty of the act or omission resulting in such
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suspension, demotion or dismissal, and that such punishment was warranted, such
decision shall be final.
(h) Vacancies created under this section may be filled by the appointing authority by
temporary appointment pending the completion of any proceedings taken
hereunder.
(i) A reduction in pay shall be treated as a demotion under this section, unless the
reduction in pay is part of a plan of reclassification of positions or of a plan to reduce
salaries and wages in connection with a general economy or curtailment program,
or is the result of a finding by the appointing authority that the employee's
performance does not justify the continuance of a level of pay that is dependent
upon meritorious service. A failure to grant an increase in pay at a time when an
increase would otherwise have been granted as a part of a plan to increase salaries
and wages throughout the city service shall not be treated as a demotion under this
section.
(j) The personnel board may adopt procedural rules to govern the conduct of its
hearings.
ARTICLE VI.- LEAVES, HOLIDAYS AND ABSENCES
DIVISION 1.- GENERALLY
Sec. 9-142. - Same—Same—Return from.
An employee returning to duty with the city shall inform the department head and
executive director of human resources of his or her intention at least thirty (30) calendar
days prior to the expiration of the six (6) months period or shorter period if the full six (6)
months is not taken. Upon receipt of such notice, the department head concerned will
take steps necessary to restore the employee to the former or comparable position.
Sec. 9-143. - Military leave—Proof of orders; reinstatement.
An employee shall be granted military leave if he or she furnishes the executive
director of human resources satisfactory proof of his or her orders to report for duty.
Upon return and upon showing of proof of actual service pursuant to such orders, he or
she will be reinstated as provided by law.
DIVISION 2.- SICK LEAVE
Sec. 9-166. - Notice.
The employee taking sick leave shall notify his/her department head either prior to
or within four (4) hours after the time set for beginning his/her duties, or as otherwise
established by departmental regulations. When the absence is more than three (3)
consecutive working days, the employee shall present to his/her department head a
physician's certificate stating the cause of illness and that, in his/her opinion, the
employee could not report to work because of such illness or injury and that the
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employee is sufficiently recovered to safely return to work. Such certificate shall be
transmitted to the executive director of human resources with the report of the return of
the employee to work.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this 5th day of June, 2018
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: � . R -�
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers Benavides, Martinez, Solorio, Tinaiero,
Villegas (5)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers Sarmiento (1)
NOT PRESENT: Councilmembers Pulido (1)
Ordinance No. NS -2946
Page 14 of 15
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -2946 to be the original ordinance adopted by the City
Council of the City of Santa Ana on June 5, 2018 and that said ordinance was published
in accordance with the Charter of the City of Santa Ana.
Date: y
Maria D. Huizar /
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2946
Page 15 of 15