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HomeMy WebLinkAboutNS-0994ORDINANCE NS-994 REPEALING AND READOPTING CERTAIN SECTIONS OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO CIVIL SERVICE RULES AND REGULATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The Santa Aha Municipal Code is hereby amended by amending Sections 2204, 2207, 2210, 2215, 2224, 2229, 2239, 2240, 2240.1, 2245, 2246, 2247, 2250, 2252, 2254, 2255, 2266, 2266.1, 2267, 2267.1, 2268, 2269, 2272 and 2273 of Part 1, Chapter 2, Article II thereof to read in words and figures as follows: Section 2204. Schedulinq of Examinations. Vacancies in the competitive service will be anticipated as far as possible so that the Director of Personnel may certify to appointing officers to meet vacancies. Section 2207. Disquali. fication o~fApplicants. The Director of Personnel may reject any application, refuse to examine an applicant, disqualify an applicant, remove his name from an eligible list, or refuse to certify any person on an eligible list if: (a) he is found to lack any of the requirements prescribed for the class or position; (b) he is so disabled as to be unable to perform all the duties of the position for which he is a candidate; (c) he is addicted to the use of narcotics or to the habitual use of intoxicating liquors to excess; (d) he has been convicted of an infamous crime or other crime involving moral turpitude; (e) he has previously been dismissed from any public or private employment for any cause other than abolition of position or reduction in force; (f) he has used, or attempted to use, political pressure or bribery to secure an advantage in connection with the application, examination, certification, or appointment; (g) he has directly, or indirectly, obtained informa- tion regarding the examination to which, as an applicant, he was not entitled; (h) he has failed to submit his application correctly, or within the prescribed time; (i) he has taken part in the compilation, administra- tion or correction of the examination; (j) he has practiced, or attempted to practice, any deception or fraud in his application, or in securing his eligibility or appointment; (k) on evidence that he cannot be located by postal authorities; (1) on receipt of a written statement declining an appointment or stating that he wishes his name removed from the eligible list; -1- (m) if an offer of an appointment from the eligible list has been extended but not accepted; (n) if he declines to reply to letters of inquiry or letters of appointment, or fails to respond to a notification of certification; (o) if he does not report for duty, after appointment by the appointing officer; (p) when he has been appointed to the position for which he has applied; (q) if he has not been selected for appointment after being certified from the eligible list four times; (r) if, after examination by a designated physician, he does not meet the medical standards prescribed for the class for which he has applied; The Personnel Board may, upon written request of applicant, review any action taken pursuant to the provisions of this section. The applicant shall have ten calendar days following notification of such action to file his written request for review in the offices of the Personnel Board. Such review shall normally occur at the next regularly scheduled meeting of the Personnel Board, unless the Board determines that the matter requires earlier consideration. The decision of the personnel Board in the review of such matters shall represent final appeal action. Section 2210. Examinations, ~¥pes of. Examinations shall be assembled or unassembled and, further, they may be written or oral, or in the form of a practical demonstration of skill or any combination of these. Any investigation of education, experience, character, or identity, and any test of technical knowledge, manual skill, or physical or mental fitness which in the judgment of the city Manager fairly tests the relative capacities of the applicants to discharge the duties of the position to which they seek appointment, may be employed. Section 2215. Promotional Senioritv Credit. Seniority credit shall be given on promotional examinations where all applicants are permanent employees of the city; and on combined open and promotional examinations as provided in Section 2211, herein. This credit sP~ll be given those employees who attain a passing grade, and shall be one-half of one percent (.5%) for each complete year of service to the City, but not to exceed five percent (5%) of the maximum possible grade. Section 2224. Vacancies, Method of Filling. Vacancies in the competitive service shall be filled by transfer, demotion, from an employment list if available, by reinstatement, or by a temporary appointment for not longer than one hundred eighty (180) calendar days as specified in the Charter. Section 2229. Certified ApDlicant, Refusal of. If upon certification, an eligible declines appointment or neglects to report to the appointing officer for interview after receipt of notice to do so, the appointing officer will notify the Director of Personnel who will certify the next person on the eligible list. The appointing officer may request removal from the list for neglect to report within five (5) days after notice has been sent by mail to the address on file. Section 2239. Transfer. An employee may be transferred by the City Manager at any time from one position to another in the same comparable class. Transfers shall not be used to effect a promotion, demotion, or reduction, each of which may be accomplished only as provided elsewhere in these rules. If such transfer is not in the same class, a qualifying examination shall be required. No transfer within the same or comparative class shall be effected between positions in different departments except with the written consent of both appointing powers. For inter-departmental transfers, the appointing authority shall forward a special performance report on the departing employee before the transfer is effected. Section 2240. Resignation. Any employee voluntarily leaving the employment of the City shall at least two (2) weeks prior to separation, submit a written resignation to his 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 Director of Personnel with a final performance report and any known circumstances relative to the resignation. Section 2240.1. Resiqnation, Withdrawal. The City Manager may permit the withdrawal of a resigna- tion only upon written requesf filed within ten (10) working days prior to its effective date, and provided such request for withdrawal bears the favorable recommendation of the appointing officer. Section 2245. Hearinq~, Personnel Board. Hearings before the Personnel Board, held at the request of an employee to review suspension, demotion, or dismissal, as provided in the Charter, shall be called by the chairman of the pers~nel Boar~or in his absence, by the Vice chairman, within the time specified in the applicable section of the Charter. The Chairman shall make arrangements, through the Director of Personnel, for suitable clerical assistance and for assignment of space in which to hold the hearings. Section 2246. Hearinq~, Order of. The order of proof in any hearing of review shall be as follows: (a) the appointing authority shall present his evidence in support of the charges; (b) the employee shall then produce such evidence as he may wish to offer in his defense~ (c) the parties in interest may then offer, respectively, rebuttal and surrebutal evidence~ (d) all evidence must be relevant and material to the issues, and the Board's decision concerning the relevance or materiality of evidence shall be final! (e) following the presentation of evidence, each side shall be permitted to argue the case to the Personnel Board. The order of argument shall be as follows: the Appointing Authority shall be permitted to present its opening argument; the employee, or employee's counsel, shall be permitted to argue; if the employee presents an argument, the Appointing Authority shall be permitted to present a closing argument; -3- (f) when arguments are completed, the Chairman shall declare the hearing closed; (g) the Personnel Board shall then retire to its chambers to consider and review the evidence presented to it; (h) following its review of the evidence, the Board Members shall return to the hearing room and shall vote publicly "yes" or "no" upon the question of whether each charge has been sustained. The chairman shall announce the result of the vote. If any charge is sustained, the Board shall consider what disciplinary action, if any, it concludes to be warranted. Such consideration of appropriate disciplinary action may, at the Board's discretion, be conducted at the public meeting or in the chambers of the Board. In either event, any proposed disciplinary action shall be determined by roll call vote. The chairman may announce the recommended disciplinary action at the public meeting or submit such recommendation within the ten days prescribed by Section 1008 of the City Charter~ (i) the Board shall adjourn to prepare its written find- ings, conclusions and reco~nmendations; (j) the written findings, conclusions and recommendations shall be signed by the chairman and authenticated by the Secretary of the Board before distribution as required by the city Charter; Section 2247. Performance Reports. The city Manager shall establish and make effective a system of Reports of Performance designed to give an evaluation of the quality and quantity of work performed and of the employee's value to the City. Such ratings shall be prepared by the employee's immediate section, division or department head and shall be reviewed by the department head. Performance reports shall be shown to the employee concerned and he shall sign a statement thereon to the effect that he has examined it. Reports will be submitted annually on all employees having permanent status in the class in which they are serving; prior to merit raise dates in each case; and at the end of each three months' service during probationary periods. Reports of Performance, prepared as directed in this Section and instructions from the Manager, will be delivered to the Director of Personnel for filing with the records of the employee. Performance reports will be considered in making merit salary advances and may be considered a factor in promotional examina- tions, demotions, and dismissals. Section 2250. Attendance~ Hours of Work. Eight hours shall constitute a normal day and forty (40) hours of work shall constitute a minimum work week, except for employees for whom special regulations have been approved by the Council. Employees shall be in attendance at their work during prescribed hours and shall not absent themselves during prescribed hours without approval of the department head. Section 2252. Regular Vacation Period. Regular vacation with pay is granted to each full-time employee at the rate of fifteen (15) working days for each completed year of service to be taken in the calendar year following the year in which it is earned, except as provided elsewhere in these rules. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his credit d~ing the year, provided however, no employee shall be entitled to any vacation until he has completed six (6) months of continuous service. Absence on -4- sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service for vacation accrual purposes. Each sworn member of the Police and Fire Departments is hereby granted fifteen (15) consecutive days (equivalent to six shifts in the Fire Department) of regular vacation with pay for each full year of service with the city, as provided for in Government Code Sections 38634 and 53250. Section 2254. Longevity Vacation. Each permanent employee is granted one (1) additional working day of vacation leave with pay for each completed year of city service in excess of ten years. No employee shall be allowed more than ten (10) working days of longevity vacation leave with pay by reason of the provisions of this Section, regardless of the number of completed years of City service. Section 2255. Limitation on Vacation. No employee is granted and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days in any one year by any combination of the vacations in these Rules and Regulations granted. Further, no employee may accumulate more than one longevity vacation period, and the equivalent of one regular vacation period, from a previous year, and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than ten (10) years' service could accumulate is thirty (30) working days, and only an employee with more than twenty (20) years' service could accumulate and take the authorized maximum of fity (50) working days in any one year. Section 2266. Sick Leave, Industrial Accident. If any employee is compelled to be absent from duty as a result of any injury or disease which comes under the State of california Workmen's Compensation Insurance and Safety Act, the sick leave allowed to such employee shall begin with the first day he is absent from duty for this reason and continue until the first day for which he is paid compensation from the insurance fund. Deduction shall be made from his accumulated sick leave for the period of time he is paid full salary by the City for such absence. I.~ he has no accumulated leave, it shall be advanced and deduction shall be made from any subsequently earned until the total amount advanced has been recovered. If the employee should leave the employment of the city prior to recovery of the sick leave advanced, adjustment shall be made on any final pay check, if practicable. From the first day for which he is paid compensation, he shall receive compensation at a rate equivalent to 100% of his normal gross salary, less the amount of temporary disability indemnity received by him in accordance with the aforementioned Act. If the total temporary disability continues the length of time required to pay him compensation for the first seven (7) days of disability, the sick leave deducted shall be recredited if it has been deducted from accrued sick leave. Payments of difference between salary and compensation shall continue for not more than six (6) calendar months during the twelve (12) months following the first date for which payment is made, excepting those entitled to a longer period by State laws. Any period of time during which an employee is required to be absent from his position by reason of anl injury or disease for which he is entitled to receive compensation shall not be considered a break in his continuous service for the purpose of his right to salary adjustments, sick leave, vacation, or seniority. -5- Section 2266.1. Bereavement Leave. An employee shall be entitled to three days' leave without loss of pay in case of death of a member of the employee's i~mediate family. Such leave is designated as bereavement leave. "Immediate Family" as used in this Section is limited to: (1) any relative by blood or marriage who is a member of the employee's household; (2) any parent, spouse, child, brother or sister of the employee, regardless of residence; (3) any grandparent or parent-in-law of the employee whose death requires the presence of the employee. Section 2267. Holidays. Legal holidays observed by city employees shall be January 1, February 22, May 30, July 4, the first Monday in September, November 11, December 25, Thanksgiving Day and every day proclaimed by the Mayor as a holiday for City employees. Any holiday which falls on Sunday will be observed on the following Monday. Any holiday which falls on a Saturday shall be observed in accordance with a schedule to be determined by the department head in order to allow public offices to remain open on the Friday preceding the holiday. Section 2267.1. Good Friday. Any employee who desires leave from work on Good Friday may be excused by his department head, or the city Manager, for two (2) hours without loss of pa~ between 12:00 noon and 3:00 P.M. If Good Friday occurs during other periods of authorized absence or leave, such as vacation or sick leave, no additional compensation or allowance shall be made for this time. Section 2268. Holidays, Shift Personnel. Full-time employees whose regularly scheduled days off are other than Saturday and Sunday shall be entitled to holiday benefits as provided in Section 2267 to be scheduled by the department head. Fire Department employees who are regularly at their place of work more than f~rty hours during a week shall be entitled to six (6) work shifts off during the year in lieu of holidays, to be scheduled by the Fire Chief. Fire Department uniformed personnel working a 40-hour week and sworn Police personnel who do not take holidays as they occur shall be entitled to twelve (12) working days off during the year in lieu of holidays, to be scheduled by the department head. In the case of sworn Police personnel, five (5) of these days shall be taken in conjunction with vacation, to be scheduled by the department head. All other employees of City departments who do not take holidays as they occur shall be entitled to eight (8) working days off during the year in lieu of holidays, to be scheduled by the department head. An employee entitled to time off in lieu of holidays shall receive that time off in proportion to his service at full pay in such capacity during the year. (NS-787; 3-15-65) -6- Section 2269. Leave o__f Absence, Granting. Upon receipt of a written request from an employee having permanent status and action by the appropriate department head recommending approval of the request, the city Manager may grant a leave of absence not to exceed six (6) months for the following reasons only, except as otherwise provided in these rules: (a) Illness of the employee, or of a member of his immediate family residing in the employee's household, requires that the employee move from the vicinity of the city as a remedial health measure and a designated physician indicates that such removal from the city is necessary and will not be required for longer than six (6) months, or (b) The employee has been appointed by another muni- cipality to a position of executive, or administrative responsibility in a field of employment wherein the employee possesses special competence, and such appointment constitutes an advancement in responsibility and authority over that required in his employment with the city of Santa Ana. Section 2272. Temporary Military Leave. Members of the Reserve Forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans code, will be granted leave with pay not to exceed thirty (30) calendar days in each calendar year after one (1) year's service with the city, upon presenting satisfactory proof of orders to and from such temporary active duties. Section 2273. Leave, ~Prv and Witness. When an employee is called to serve as a juror or witness in any court action, he shall be allowed leave for the time actually required for such services, without loss of pay or loss of accumulated vacation time. Each employee called for such service shall present to his department head for examina- tion the subpoena calling him to such service and shall pay into the city Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. SECTION 2. That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the city Council of the city of Santa Ana at its regular meeting held on the 1st day of December, 1969. ATTEST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the city of Santa Ana; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 17th day of November, 1969, and was again considered by said Council at its regular meeting held on the 1st day of December, 1969, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: Herrin, Brooks, Markel~ Villa, Griset, Evans COUNCILMEN: None COUNCILMEN: Patterson -7- CLERK OF THE COUNCIL