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HomeMy WebLinkAboutNS-2285 - Amending Sections and Repealing a Section Related to Part-Time EmployeesEJCmvb:7/7/95 ORDINANCE NO. NS-2285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 9-2v 9-11v'9-14~ 9-36t 9-37; 9-71; 9-95~ 9-117v 9-X18; AND 9-170; ADDING SECTION 9-184; AND REPEALING SECTION 9-184 RELATING TO PART-TINE EMPLOYEES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. That Section 9-! of the Santa Aha Municipal Code, is hereby amended to read as follows: 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 competi- tive 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 competi- tive 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. Council: The city council of the City of Santa Aha. Executive Director of Personnel Services: 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. 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. Regular appointment: An appointment to a regular full-time or part-time civil service position after completion of the prescribed probationary period. Part-time appointment: An appointment to a position which averages more than 20 hours and less than 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 20 hours and less than 40 hours per week. 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. Position: A group of current duties, tasks and responsibili- ties assigned or delegated by competent authority, requiring the full or part-time services of one person. 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. Section 2: That Section 9-11 of the 8antaAna Munioipal Co4e, is hereby amended to'read as follows: Sec. 9-~. 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. ORDINANCE NS-2285 ~5~ 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) (c) (d) Annually after completion of probation; Prior to a merit increase eligibility date; As called for, at the discretion of the appointing authority and/or as mandated bythe applicable memorandum of understanding. Employee performance appraisals, including those prepared as directed in this section will be delivered to the executive director of personnel services 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 examinations, demotions, and dismissals. Section 3. That Section 9-14 of the Santa Ana Municipal Code, is hereby amended to read as follows~ 9-14. Attendance--Hours of work. Eight (8) hours shall constitute a normal day and forty (40) hours of work shall constitute a minimum workweek for full-time employees, except for employees for whom special provisions 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 4. That Section 9-36 of the Santa Ana Municipal Code, is hereby amended to read as follows~ Sec. 9-36. Promotional. Promotions shall be based on competitive examination. The examinations shall be open, promotional, or both open and promo- tional. In each case of an examination for a higher classification, the city manager shall determine which positions in a lower classification are appropriate for advancement to the higher classification. If the number of employees considered eligible for promotion is less than three (3), the city manager may determine that an open or a combination of open and promotional examinations be held to create an eligible list. In the event that a combined open and promotional examination is to be held as provided herein, employees holding regular full-time or part-time civil service status in any one of the classifications considered appropriate for advancement, and actually in the employment of the city at the time 3 ORDINANCE NS-2285 255 of the examination, will be placed at the top of the eligible list if they have an overall examination grade of eighty (80) percent or more, prior to inclusion of preferential credits. Section 5. That Section 9-37 of the Santa Aha Municipal Code, is hereby amended to read as followss Sec. 9-37. Promotional seniority credit. Seniority credit shall be given on promotional examinations where all applicants are regular employees of the city and on combined open and promotional examinations as provided in section 9-36. This credit shall be given those employees who attain a passing grade and shall be one-half of one (0.5) percent for each complete year of service to the city but not to exceed five (5) percent of the maximum possible grade. Full-time or equivalent part-time hours of service in the promotional ladder within the same occupation field shall apply in the computation of this credit. Such service completed prior to a break in continuous city service shall not apply unless the break in service was concluded by reappointment, as provided in section 9-114. Section 6. That Section 9-71 of the Santa Aha Municipal Code, is hereby amended to read as follows: 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 personnel services for record keeping purposes and to conform with personnel policies and regulations. Seotion 7. That the Santa Aha Municipal Code, is hereby amended by adding a section, to be n,,mhered 9-95, which said section reads as follows= section 9-95. Part-time Referenoe. Whenever reference is made to a required number of days, months, or years for full-time civil service employees in this article, an equivalent number of hours will be substituted to satisfy an equivalent requirement for part-time civil service employees as defined in Section 9-2. 4 ORDINANCE NS-2285 Section 8. That section 9-117 ofthe Santa&ha Munio~pal Code, is hereby amended to read as follows~ sec. 9-117. Reduction-in-force. When it becomes necessary because of lack of work, lack of funds, or other sufficient reason, to reduce the staff of any city office, activity or department, the reduction shall be accomplished by laying off the employee or employees with the least amount of service, including temporary appointees, that have been appointed in the class, until the necessary reduction has been made. Vacancies in the lowest class, resulting from such layoff, shall be filled by the employee or employees last appointed to the next higher class, and those vacant positions filled by the employee or employees in the next succeeding higher class and so on until all vacant positions have been filled. Re-employment shall be in reverse order of any layoff or demotion made under the terms of this section and prior to any other appointments. Section 9. That Section 9-118 of the Santa Ana Municipal Code, is hereby amended to read as follows: See. 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 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. 5 ' 259 ORDINANANCE NS-2285 (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 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 personnel services. 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 witness- es. 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) working 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 suspension, demotion or dismissal, and that such punishment was warranted, such decision shall be final. 6 0RDINANANCE NS-2285 ~6~ (h) Vacancies created under this section may be filled by the appointing authority by temporary appointment pending the comple- tion 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. Section 10. That Section 9-170 of the Santa An& Municipal Code, is hereby amende~ to reed es follows: Sec. 9-170. General policy for overtime work. Whenever it shall be determined that the public interest requires it, or that an emergency situation requires it, the city manager, the authorized department head, or a qualified representa- tive of either, may require an employee to perform overtime work. However, the employees who are considered exempt under the FLSA regulations will not be eligible for compensation or compensatory time off with pay for working overtime. Employees who work under part-time civil service provisions of this code will be governed bythe Fair Labor Standards Act overtime provisions and not the provisions of this code. Section 11. That Section 9-184 of tho Santa Aha Municipal Code, is hereby repealed. SECTION 12: 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 Aha 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. 7 263 O~IN~N~HCE N$-2255 ~: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 6th ATTEST: COUNCILMEMBERS: day of May , 1996. Pulido Richardson Espinoza Lutz Ave McGuigan Mills AbsDnt Moreno APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C~ GUY, Clerk of the Council, do hereby certify the attached Ordinance of Santa Ana on with the Charter of the City of Santa Ana. Date: ~,~'//~ 8 to be the original ordinance adopted by the City Council of the City ~ ~ ' ~' ; and that said ordinance was published in accordance ty of Santo Ana ~-g