HomeMy WebLinkAboutRES CC 1985 185 1985 0429RESOLUTION NO. 85- 185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ESTABLISHING PERSONNEL
SYSTEM RULES AND REGULATIONS
WHEREAS, the City Council is authorized and directed under
the provisions of Chapter 2.60 of Title 2 of the Moorpark Municipal
Code to adopt rules for the administration of the personnel system
created in said chapter; and
WHEREAS, the objectives of these rules are to facilitate
efficient and economical services to the public and to provide for
an equitable system of personnel management in the municipal govern-
ment; and
_ WHEREAS, these rules set forth in detail those procedures
which insure similar treatment for those who compete for original
employment and promotion, and define many of the obligations, rights,
privileges and prohibitions which are placed upon all employees in
the competitive service of the City; and
WHEREAS, at the same time, within the limits of adminis-
trative feasibility, considerable latitude shall be given the City
Manager and the Personnel Director in the interpretation of these
rules;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Moorpark, California, does hereby adopt the following
rules:
RULE 1. DEFINITION OF TERMS
All words and terms used in this section and in an ordinance or
resolution dealing with personnel policies or procedures shall be
defined as they are normally and generally defined in the field of
personnel administration, and shall have the meanings as defined
hereinbelow:
Section 1.1. "Advancement ": A salary increase within the
limits of a pay range establishea for a class.
Section 1.2. "Allocation ": The assignment of a single
position to its proper class in accordance with the duties performed,
the authority and responsibilities exercised, and the educational,
experience and other requirements; or the assignment-of a class to
a salary range or rate.
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Section 1.3. "Anniversary Date" or "Salary Anniversary Date ":
The date on which a probationary or permanent employees is eligible,
on the basis of satisfactory job performance for a prescribed period,
for a merit increase within the salary range established for the class
of position the employee occupies. The initial date is one (1) year
and coincides with the end of the original probationary period, unless
the probationary period is extended pursuant to the applicable rules.
Section 1.4. "Appointing Authority ": The City Manager and
those employees of the City to whom the authority to make appointments
has been delegated by the City Manager, unless otherwise designated
by State law or Municipal Code.
Section 1.5. "Appointment ": The employment of a person
in a position.
Section 1.6. "Base Salary or "Base Rate of Pay ": The salary
range and step established in a salary resolution by the City Council,
exclusive of any overtime, shift - differential, incentive or other
type of premium pay an employee may receive.
Section 1.7. "Call Back Duty ": Occurs when an employee is
unexpectedly ordered by his /her department to return to duty
following the termination of his /her normal work shift or work
week and departure from his /her location because of unanticipated
work requirements.
Section 1.8. "Candidate ": An applicant in the process of
examination and selection.
Section 1.9. "Certification ": Establishment of an Eligibility
List by the Personnel Officer and the submission of the eligibles'
names to the appointing authority.
Section 1.10. "City ": Moorpark, California.
Section 1.11. "City Council" or "Council ": Moorpark City
Council.
Section 1.12. "Class ": All positions sufficiently similar
in duties, authority, and responsibility to permit grouping under
a common title in the application with equity of common standards
of selection, transfer, demotion and compensation.
Section 1.13. "Classification Plan ": The designation by
resolution of the City Council of a title for each class, together
with the specifications for each class, as prepared and maintained
by the personnel officer.
Section 1.14. "Class Specifications ": A written description
of a class, setting forth the essential characteristics, knowledge,
skills, abilities, and requirements of positions in the class.
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Section 1.15. "Compensatory Time off ": Time taken off,
with pay, from work in lieu of receiving payment for overtime
previously accrued by an employee.
Section 1.16. "Competitive Service ": All positions of
employment in the service of the city, except those specifically
excluded by the personnel resolution.
Section 1.17. "Continuous Service ": The employment, without
break or interruption, of an employee having a probationary or
regular appointment. A break or interruption in continuous service
shall be construed as a severance of the employee from his /her
employment initiated by either the City or the employee for periods
of more than fifteen consecutive calendar days.
Section 1.18.
stated.
"Days ": Means calendar days unless otherwise
Section 1.19. "Demotion ": The voluntary or involuntary
movement of an employee from a position in one class to a position
in another class having a lower maximum base salary.
Section 1.20. "Departmental Rules ": Rules that departments
may establish relating to their specific operational needs. These
rules must conform to related laws and must not conflict with the
City's Personnel Rules.
Section 1.21. "Disciplinary Action ": The dismissal, demotion,
reduction in salary, suspension, required payment of restitution,
issuance of a written reprimand or verbal admonishment of a permanent
or probationary employee for punitive reasons and not for any non -
punitive reasons.
Section 1.22. "Dismissal ": The involuntary separation of an
employee from City employment.
Section 1.23. "Eligible ": A person whose name is on an
employment list for a position in the competitive service, who may
be appointed to a vacant position, as provided by the Personnel
Rules.
Section 1.24.
City employment.
"Employee ":
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A person occupying a position in
Section 1 . � 5.
"Employment List ":
(a) Open employment list: A list of names of persons who
have taken an open- competitive examination for a class
in the competitive service and have qualified.
(b) Promotional employment list: A list of names of persons
who have taken a promotional examination for a class in
the competitive service and have qualified.
Section 1.26. "Examination ":
(a) Open- competitive examination: An examination for a
particular class which is open to all persons meeting
the qualifications for the class.
(b) Promotional examination: An examination for a particular
class which is open only to employees meeting the qual-
ifications for the class.
(c) Continuous examination: An open competitive examination
which is administered periodically and as a result of
?� which names are placed on an employment list, in order
of final scores, for a period of not more than one year.
Section 1.27. "Full -Time Employee ": An employee regularly
scheduled to work and occupying a full -time position.
Section 1.28. "Full -Time Position ": A position in the
competitive service of the City which requires at least forty (40)
hous of work per week.
Section 1.29. "Interim Appointment ": The appointment of a
person to an interim position.
Section 1.30. "Interim Position ": A temporary full -time or
part -time position for a designated period of time which may extend
beyond the one(1) year limit reserved for temporary positions.
Interim positions accrue all fringe benefits and salary increases
the same as full -time and part -time permanent positions during the
authorized period of employment.
Section 1.31. "Lay- Off ": The separation of employees from
the active work force due to lack of work or funds, or to the abolition
of-positions by the City Council for the reasons of economy and
efficiency, or the above reasons, or due to organization changes
or reductions or elimination of City services.
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Section 1.32. "Overtime ":
bationary,
number of
ification
or permanent employee
hours prescribed for a
in a week.
The time which an interim, pro -
is required to work beyond the
full -time employee in that class-
Section 1.33. "Part -Time Position ": A position having a
work week of fewer hours than the work week established for full -
time positions. A part -time position may be either interim, tem-
porary, or permanent. Part -time employees shall be paid the hourly
equivalent of the monthly salary paid to a full -time employee in
the classification to which they are assigned or the hourly wage set
for the part -time position.
Section 1.34. "Permanent Employee ": An employee in the
competitive service who has successfully completed the probationary
period and has been retained in either a full -time or permanent
part -time permanent budgeted position, as hereafter provided in these
rules.
Section 1.35.
who works at least 20
a regularly scheduled
designated as such in
scheduled" shall mean
of hours per week, ea
position.
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"Permanent Part -Time Employee ": An employee
hours, but less than 40 hours, per week on
basis in a permanent part -time position,
the current adopted budget. "Regularly
that the employee shall work the same number
ch week as specified in the budget for that
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Section 1.36. "Permanent Part -time Position ": A position
regularly scheduled to require the service of an employee to work
at least twenty (20) hours, but less than forty (40) hours, per week
and designated as such in the current adopted budget of the City
and working no less than one thousand and forty (1040) hours per year.
Section 1.37. "Personnel Director" or "Pesonnel Officer ":
City Manager or his /her designee.
Section 1.38. "Personnel Ordinance ": Ordinance No. 40
which creates a personnel system for the City.
Section 1.39. "Position ": A group of duties and responsi-
bilities assigned to one employee and performed in either a
full -time or part -time basis.
Section 1.40. "Probationary Appointment ": The probationary
employment of a person. A "probationary appointment" is for a
specified period, during which job performance is evaluated as a
basis for a subsequent regular appointment, and the employee has no
right to continued employment.
Section 1.41. "Probationary Employee ": An employee who has a
probationary appointment.
Section 1.42. "Probationary Period ": A period to be con-
sidered an integral part of the examination, recruiting, testing
and selection process during which an employee is required to
demonstrate fitness for the position to which the employee is appointed
by actual performance of the duties of the position.
Section 1.43. "Promotion ": The movement of an employee from
one class to another class having a higher maximum base salary.
Section 1.44. "Provisional Appointment ": An appointment of
• person who possesses the minimum qualifications established for
• particular class and who has been appointed to a position in that
class in the absence of available eligibles. In no instance shall
a provisional appointment exceed six months.
Section 1.45. "Reclassification ": The reassignment of a
position from one class to a different class in accordance with a
re- evaluation of the minimum qualifications, duties and responsibilities
of the position.
Section 1.46. "Reduction ": A salary decrease within the limits
of the salary range established for a class.
Section 1.47. "Reemployment ": The appointment of an employee
who was laid off within the preceding twelve (12) months, to a
_ position in the same classificatio[i as his /he-r former posi -tion.
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Section 1.48. "Reinstatement ": The restoration without
examination of a former regular employee or probationary employee
to a classification in which the employee formerly served as a perm-
anent non - probationary employee within twelve (12) months of the
employee's voluntary separation, transfer or promotion from that
classification. A reinstated employee shall serve a probationary
period for the period specified for the classification to which the
employee is reinstated.
Section 1.49 "Relief of Duty ": The temporary assignment
of an employee to a status of leave with pay.
Section 1.50. "Resignation ": The voluntary separation of
an employee from City employment.
Section 1.51. "Salary Anniversary Date" or "Anniversary Date ":
See Section 1.3. "Anniversary Date" or "Salary Anniversary Date ".
Section 1.52. "Salary Increase ": The increase of an employee's
salary within the salary range established for the class of position
he /she occupies as a result of satisfactory job performance in such
position.
Section 1.53. "Salary Plan ": The assignment by the City Council
resolution of salary ranges and /or salary rates to each class.
Section 1.54. "Salary Range ": The range of salary rates
for a class.
Section 1.55. "Salary Rate ": The dollar amount of each step
in a salary range, or the flat dollar amount for a class not having
a salary range.
Section 1.56. "Salary Step ": The minimum through maximum
salary increments of a salary range.
Section 1.57. "Standby Duty ": Provides that an employee who
is released from duty is required by his /her department to leave
notice where he /she can be reached and that he /she be available to
to return to duty when required. "Standby duty" requires that an
employee, (1) be ready to respond immediately, (2) be reachable by
phone, (3) be able to report within a specified period of time,
and (4) refrain from any activities which might impair his /her
ability to perform assigned duties.
Section 1.58. "Suspension ": The temporary separation from
service of an employee without pay for disciplinary purposes.
Section 1.59. "Temporary Appointment ": An appointment to a
temporary or permanent position for a period of one (1) year or less.
Section 1.60. "Temporary Employee ": A person who has been
appointed to a temporary or a permanent position for a limited period
and is not a competitive service employee.
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i
Section 1.61. "Temporary position ": A full -time or part -
time position of limited duration.
Section 1.62. "Termination ": The separation of an employee
from the City service because of retirement, resignation, death or
dismissal.
Section 1.63. "Title ", "Class title ", "Title of class":
The official name applied to a class and to each position allocated
to the class and to the incumbent of each position.
Section 1.64. "Transfer ": A change of an employee from one
position to another position in the same class or in a comparable
class.
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RULE 2. GENERAL PROVISIONS
Section 2.1. Personnel Officer: The City Manager is
the Personnel Officer and shall interpret, apply and administer
these Rules. The City Manager may delegate any of the powers
and duties conferred upon him /her as Personnel Officer to any
other assigned employee.
Section 2.2. Applicability of Rules: All rules, actions,
regulations, and policies herein shall apply only to employees in
the Competitive Service of Moorpark. Employees not included in
the competitive service under this section shall serve at the
pleasure of their appointing authority. Certain classifications
of positions in the competitive service shall be exempted from
the payment of overtime and compensatory time as provided for in
Section 4.12. of these Rules.
The competitive Service shall consist of all positions
in the City service except the following:
(a) All elective officers;
(b) All members of appointive boards, commissions
and committees;
(c) The City Manager and any Assistant or Deputy City
Manager;
(d) The City Attorney and any Assistant or Deputy City
Attorney;
(e) The City Clerk;
(f) The City Treasurer and any Assistant or Deputy City Treasurer;
(g) All department heads;
(h) All City Council appointed City officers;
(i) Persons engaged under contract to provide expert,
professional, technical or any other service;
(j) Volunteer Personnel;
(k) Temporary employees;
Al) Emergency employees who are hired to meet the
immediate requirements of an emergency condition,
such as extraordinary fire, flood, or earthquake
which threatens life or property.
(m) Employees, other than those listed elsewhere in this
section, who are not regularly employed in permanent
positrons. "Regula_rly employed in permanent positions"
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means an employee hired for an indefinite term into
a budgeted position, who is regularly scheduled to
work no less than one thousand and forty (1,040)
hours per year, and at least twenty (20) hours
per week, and has successfully completed the prob-
ationary period and been retained as provided in
the personnel rules.
Section 2.3. Amendment of Rules: Proposed amendments
to these Rules shall be submitted to the City Manager for review
and recommendation prior to submittal to the City Council.
Advance notice shall be given to recognized employee organizations
for any amendments which affect wages, hours,, and other items and
conditions of employment. Upon request, the City Manager shall
provide the opportunity to consult with any employee organization
so requesting, regarding amendments affecting wages, hours and other
terms and conditions of employment. As provided in Section 3500
et seq of the Government Code, in cases of emergency, when the City
Council determines that amendment(s) to these Rules must be adopted
immediately without prior notice or meeting with a recognized
employee organization, the City shall provide such notice and oppor-
tunity to meet at the earliest practicable time following the
adoption of the amendment(s) -. Amendments shall become effective
upon adoption of the City Council or at such other time as the
adopting resolution may provide.
Section 2.4. Violation of Rules: Violation of these Rules
may be grounds for disciplinary action and subject to the applicable
appeals procedure provided herein.
Section 2.5. Loyalty Oath: All employees subject to
these Rules shall, before they enter upon the duties of their
employment, take and subscribe the oath prescribed in the California
Constitution.
Section 2.6. Equal Employment Opportunity: Federal and
State laws prohibit employment decisions based solely on race,
color, sex, marital status, handicaps, political views, age,
religion, and national origin. Decisions concerning employment and
promotion shall always be on the basis of job - related standards of
education, training, experience and personal qualifications.
Section 2.7. Validity of Rules: If any section, subsection,
sentence, clause, or phrase of these Rules is found to be illegal
by a court of competent jurisdiction, such findings shall not
affect the validity of the remaining portions of these Rules.
Section 2.8. Cooperation: Every employee of the City of
shall cooperate with the City Manager in order to completely
the objectives and purpose; of these Rules.
Moorpark
fulfill
` Section 2.9_ Employee Activities: During the employee's
J) _work day, he /she is expected to devote his/her-full time in-the
performance of his /her assigned duties as a City employee. An
employee in the competitive service shall not engage in any
employment, outside activity or enterprise which is inconsistent,
incompatible, in conflict with, or interferes with his /her ability
to perform the duties, functions or responsibilities of his/her
position as a City employee, nor shall he/she engage in any outside
activity which will directly or indirectly contribute to the lessen-
ing of his/her effectiveness as a City employee. No employee shall
engage in any type of activity relating to an employee organization
during such time an employee is on duty, except as expressly provided
by the City Manager, state and federal laws, or Council resolution.
Section 2. 10. Inconsistent Activities and Outside Employment.
In making a determination as to the consistency or inconsistency of
outside employment, activity or compensation ( "outside employment") ,
the City Manager shall consider, consistent with the provisions of
Government Code Section 1128 where applicable, whether the employment
involves:
(1) The use for private gain or advantage of City time,
facilities, equipment and supplies, or
(2) Receipt or acceptance by the employee of any money or
other consideration from anyone other than the City for
the performance of an act which the employee, if not
performing such act, would be required or expected to
render in the regular course or hours of his/her
employment with the City or as a part of his/her duties
. ,� as a City employee, or
(3) The performance of an act in other than his/her capacity
as a City employee which act may later subject directly
or indirectly to the control, inspection, review, audit,
or enforcement of any other officer or employee of the
City, or
(4) Such time demand as would render performance of his/her
duties as a City employee less efficient.
Section 2. 11. Outside Employment: Employees shall not engage
in outside employment, activity or enterprise for compensation
("outside employment") without the express written approval of the
City. Employees will be allowed to engage in outside employment if
such secondary employment meets the following standards as determined
by the City Manager:
(a) The outside employment is not inconsistent with the
employee' s employment with the City;
(b) The outside employment will not be demanding on the
employee or carry over into his/her regular duties;
(c) The outside employment will not, in the opinion of the
City Manager, leave the employee tired or subject to
- injury on his/her regular job;
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(d) The outside employment is such that no problem will arise
as to the municipal responsibility for injury incurred on
the outside job;
(e) The outside employment will never be allowed to interfere
with the policy that the employee is always readily
accessible in case of emergencies;
(f) Employee to notify the outside employer that he /she may
need to return to his /her regular duties immediately
upon call;
(g) The basis for approval by the City Manager is:
1. The employee may refuse to work extra hours if
another employee is available.
2. The employee is required to sign a waiver in regard
to injuries occurring in outside employment. This
waiver shall specifically waive any rights he /she
would have against the City or any retirement system
which the City might adopt as to disability which
would be caused from, or arising out of, the out-
side employment for which the request is made. The
employee shall also waive any rights to Worker's
Compensation benefits or sick leave because of injury
or sickness caused by, or arising out of, his /her
outside employment.
3. An employee whose sick leave record indicates the lack
of strength to sustain both City employment and outside
employment will not be allowed to continue outside.
(h) The City Manager shall notify the employee of a determination
not to allow the requested outside employment and the grounds
therefor.
Section 2.12. Improper Use of City Equipment Prohibited: No
City -owned equipment, autos, trucks, instruments, tools, supplies,
machine, badge, identification cards, or other items which are the
property of the City shall be used by an employee except upon prior
approval of the appointing authority.
No employee shall allow any unauthorized person to rent,
borrow or use any of the items mentioned above unless upon prior
approval of the City Manager.
Section 2.13. Solicitation of Funds: Prior to any
solicitation of funds for the sale of tickets for benefit shows
or charitable causes by employees using the name . of the "Ci-ty of_
J Moorpark" in connection with their activities, a written applic-
ation to engage in such activities shall be submitted to the
City Council. The application shall contain the following inform-
ation:
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1. Purpose, plan, and beneficiaries of solicitation or
sale.
2. Name of person, firm, corporation, or association
managing or promoting said solicitation or sale, and if a manager or
promoter other than a City employee, a brief statement as to back-
ground, experience, and qualifications, with the names and addresses
of at least three references, preferably city managers or chief
administrative officers of other municipal corporations located in
Southern California.
3. Signature of the chief presiding officer of the organiz-
ation; or, if there is no formal organization, the signatures of all
employees involved in the activities.
The City Council may require the filing of a financial
statement of receipts and disbursements or may attach any other
conditions to the issuance of a permit as in its discretion may
appear necessary or desirable. The action of the City Council
in granting or denying the permit shall be final.
Section 2.14. Employment of Family P4embers: An applicant
for a position, with a relative currently employed by the City,
may not be denied the right to file an application for employment
and compete in the examination process. Following the examination,
if the applicant is successfully certified as eligible, employment
may be prohibited by the City Manager where such employment:
1. Places one relative under the supervision of the other
relative, thus creating a potentially adverse impact on supervision,
safety, security, morale or conflicts of interest.
2. Places both relatives in the same department, division
or facility, thus creating a potentially adverse impact on
supervision, safety, security, morale or conflicts of interests.
3. Would have one of the relatives in a position with
access to information concerning confidential personnel matters
which may compromise such confidential information.
For the purposes of this Section, a "relative" shall be
defined to include the following: mother, father, grandfather,
grandmother, aunt, uncle, cousin, sister, brother, son, daughter,
nephew, niece, grandchild, mother -in -law, father -in -law, brother -
in -law, sister -in -law and spouse as defined as a partner in
marriage (California Civil Code Section 4100).
A relative, as herein defined, of a then current member
of the City Council shall not be permitted to be appointed to a
position in the competitive service of the City during that
member's term of office as a Moorpark Councilmember.
The provisions of this Section shall not apply to appoint-
ments to commissions, committees and boards.
Section 2.15. Concurrent Employment and Membership on
City Council, Commissions or Boards. An employee in the competitive
service of the City that accepts a seat on the Moorpark City Council,
Planning Commission, Parks and Recreation Commission, Mobilehome
Park Rent Review Board, or any other Commission or Board, shall be
deemed to have resigned his /her employment with the City.
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RULE 3 _ CLASSIFICATION
Section 3. 1. Preparation of Classification Plan: The
City Manager shall be responsible for preparing and recommending
a position classification plan for adoption by the City Council.
The Classification Plan shall consist of classes of positions
in the competitive service defined by class specifications
including a title, a description of typical duties and respons-
ibilities of positions in each class, a statement of the
training, experience and qualifications to be required for
appointment. Class specifications are explanatory, but not
restrictive. The listing of particular tasks shall not preclude
the assignment of other related kinds of tasks or jobs requiring
lesser skills. The Classification Plan shall be so prepared
that all positions substantially similar with respect to duties,
responsibilities, and other like characteristics of work are
included within the same class and at the same salary range.
Section 3 . 2. Adoption or Amendment of Classification Plan:
Before the Classification Plan or any amendment thereof shall become
effective, it shall be first adopted by a resolution of the City
Council. Upon adoption by the Council, the provisions of the
Classification Plan shall be observed in the handling of all
personnel actions and activities. The Classification Plan shall
be amended or revised as occasion requires in the same manner as
originally established.
•
Section 3.3. Allocation of Positions: Following the
adoption of the Classification Plan, the City Manager shall
allocate every position in the competitive service to one of the
classes established by the Plan.
Section 3. 4. New Positions: When a new position is
created, no person shall be appointed or employed to fill the
position prior to the position' s assignment to a class unless
otherwise provided by these Rules. The City Manager may recommend
an amendment to the Classification Plan to establish an appropri-
ate class for the new position.
Section 3. 5. Reclassificaiton of Position: When in
the case that the duties , responsibilities and characteristics of
a position have materially changed, a study of the position shall
be made to determine its appropriate classification. The City
Manager shall either make no change in the position' s classifica-
tion, allocate the position to an existing classification, or
recommend the establishment of a new class to which the position
would be allocated, whichever is the appropriate action. Re-
classification shall not be used for the purpose of avoiding
restrictiions regarding demotions and promotions. __Na person
shall be appointed or employed to fill a reclassified position
unless the said reclassified position has been incorporated in
the Classification Plan as provided by these Rules.
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RULE 4. COMPENSATION
Section 4.1. Preparation and Adoption of Salary Plan:
The City Manager shall be responsible for recommending a
Salary Plan including wage rates and salary ranges covering all
classes of positions in the competitive service of the City.
Before the Salary Plan shall become effective, it shall be
first approved by the City Council. After the Salary Plan
is adopted, no position shall be assigned a salary higher than
the maximum nor lower than the minimum salary provided for that
class of position unless the salary range for the class is
amended in the same manner as herein provided for its adoption.
Section 4.2. Salary Plan Structure: The basic range for
all classifications shall consist of salary steps, each approxi-
mately five percent (5 %) greater than its predecessor. The
letters A,B,C,D, and E respectively denote the various steps in
the range.
Section 4.3. Appropriate Salary Step: Employees occupy-
ing a position in the competitive service shall be paid a salary
or wage within the range established for that position's class
under the adopted Salary Plan.
Section 4.4. Newly Hired Employees' Salary Step: Newly
hired employees shall be appointed at Step A of the salary range
to which their class is assigned. When economic conditions, un-
usual employment conditions or exceptional qualifications of a
candidate for employment indicate that a higher initial step
would be in the City's best interest, upon recommendation of the
appointing authority, the City Manager may authorize hiring at
a higher step in the salary range. In the case of an employee
hired at any step above Step A, said employee may be advanced to
the next higher step in his /her range upon completion of the
probationary period. The employee would then be eligible for the
next step one (1) year from his /her anniversary date, pursuant to
Section 4.5.
Section 4.5. Salary Advancement - Full -Time Employees:
Full -time employees may be considered for an increase in salary
according to the following rules:
1. Salary Step A may be paid upon appointment.
2. Salary Step B shall be paid upon at least satisfactory
completion of the probationary period and for continued
satisfactory and efficient service and continued
improvement by the employee in the effective perform-
ance of the duties of the position. Upon the satis-
factory completion of the probationary period, the
employee shall be assigned an "Anniversary Date."
Such salary increase or denial of salary increase
shall require the specific recommendation of the
employee's department head and /or immediate supervisor
and the approval of the City Manager.
3. Salary Step C shall be paid one year after an employee's
aniversary date and for continued satisfactory and
efficient service and continued improvement by the
employee in the effective performance of the duties
of his /her position and whose performance is clearly
above average. Such salary increase or denial of
salary increase shall require the specific recommendation
of the employee's department head and /or immediate
supervisor and the approval of the City Manager.
4. Salary Step D shall be paid two years after an
employee's anniversary date and for continued satisfactory
and efficient service and continued improvement by the
employee in the effective performance of the duties of
his /her position'and whose performance is clearly above
average. Such salary increase or denial of salary
increase shall require the specific recommendation of
the employee's department head and /or immediate super-
visor and the approval of the City Manager.
5. Salary Step E shall be paid three years after an
employee's anniversary date and for continued satisfactory
and efficient service and continued improvement by the
employee in the effective performance of the duties of
his /her position and whose performance is clearly above
average. Such salary increase or denial of salary
increase shall require the specific recommendation of
the employee's department and /or immediate supervisor
and the City Manager.
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Any salary increase granted pursuant to this Section shall
be effective as of the first day of the pay period in which the
anniversary date occurs. Advancement shall not be automatic. When
an employee is denied a salary increase, the employee may be recon-
sidered for such advancement at any subsequent time. If the employee
receives a salary increase as a result of reconsideration, the
employee shall not be eligible for the next and any subsequent salary
increase in the same class for one year from the effective date of
the last advancement; provided, that the employee's anniversary date
for vacation leave and other benefits that are based upon length of
service shall not be affected.
Section 4.6. Salar,
promoted to a position in a
be placed on the Step A in
the step which is a minimum
not to exceed E step of the
date shall not change.
on Promotion: All employees who are
class with a higher salary range shall.
the new higher range or placed at
5% salary increase for the employee,
new range. The employee's anniversary
When economic conditions, unusual employment conditions or
exceptional qualifications - of a candidate for promotion indicate
that a higher step would be in the City's best interests, upon
recommendation of the appointing authority, the City Manager
may authorize hiring at a higher step in the salary range.
Section 4.7. Salary on Demotion: Any employee who
is demoted through procedures in Rule 11 or 12 may be placed at
a lower step, or may be placed at a step in a lower range or
may be placed at Step "Y" which is equal to the employee's
current salary step. The employee's anniversary date shall not
change.
An employee receiving Step "Y" shall remain in the Step "Y"
until such time as the position is assigned to a salary range in
which Salary Step E is equivalent to or higher than the Step "Y
at which time the employee shall be placed in the higher step,
but not to exceed five percent (5 %) more than the Step "Y ".
Such employee shall not receive further salary adjustments until
such time as Step "Y" is equivalent or less than the E step of
the salary range of the employee's position consistent with
other applicable sections of these Rules.
Section 4.8. Salary on Reinstatement: An employee
who resigned in good standing may, within one year of such
resignation and upon recommendation of the department head and
approval of the City Manager, be reinstated in a position in
the class in which the employee had previously served, subject
to an available position. Upon such reinstatement, the
employee shall not receive higher than the step in the salary
range the employee previously received prior to the employee's
separation. The employee shall he given a new anniversary date_. -
After one (1) year of additional continuous service, the
employee shall be credited with previously accumulated sick
leave. _
Section 4.9. Salary on Transfer: Any employee who is
transferred from one position to another position in the same
class, or to another position in a class having the same salary
range, shall be compensated at the same step in the salary range
as the employee previously received. The employee's anniversary
date shall not change.
Section 4.10. Salary on Position Reclassification: When
a position is reclassified to a lower classification, the
employee shall retain his /her rate of ray'and his /her anniversary
date or shall be placed in the step of the lower salary range
closest to the employee's salary rate. If the last step of the
salary range of the lower job class is lower than the employee's
salary rate, the current salary step shall be idenfitied as Step
"Y" of the lower salary range. An employee receiving a Step "Y"
because of a downward reclassification, shall remain in the
Step "Y" until such time as his /her job is assigned to a salary
range in which the E step is equivalent to or higher than the
Step "Y ", at which time the employee shall be placed in the
E step. Such employee shall not receive annual salary adjustments
until such time as Step "Y" is equivalent or less than the E
step of the salary range of the employee's reclassified position.
When a position is reclassified to an equivalent classification,
the employee shall retain his /her salary rate and anniversary
date. When a position is reclassified to a higher classification,
the employee shall be placed on the Step A in the new higher
range or placed at the step which is a minimum 5% salary increase
for the employee, not to exceed E step of the new range. The
employee's anniversary date shall not change.
Section 4.11. Special Salary Adjustments: A department
head may recommend in writing to raise an employee's salary
step prior to the eligibility times specified in Rule 4.5 and
Rule 4.7 so as to recognize meritorious service, advanced
educational achievements or other extraordinary attributes
related to the employee's public service. Such increased compens-
ation is subject to the approval of the City Manager and the City
Council, and the availability of budgeted funds. The employee's
anniversary date shall not change.
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Section 4.12. Overtime and Compensatory Time: When in
the best interest of the City, the City Manager or a department
head or his /her designee may require an employee to be employed
beyond the employee's regular hours of employment. Overtime
that can be anticipated or scheduled shall require the prior
approval of the department head based on budget limits. No
more than ten (10) hours of overtime may be worked in any one
week without specific approval of the City Manager.
Credit for overtime shall not begin until an employee
has worked forty (40) hours for that work week (Monday through
Sunday). All overtime shall be computed in increments of one
quarter (1/4) hour and shall be credited at one and one -half
(1 -1/2) times the overtime worked.
When permitted by law, authorized overtime shall be
reimbursed by compensatory time off. For purposes of calculating
overtime by compensatory time off, vacation time and observed
holidays, but not sick leave or other time off, shall be credited
as time worked during the work week. Compensatory time off shall
be taken within six (6) months of being earned and shall not
exceed thirty (30) hours or it shall be forfeited. Upon the
written request of an employee, the City Manager may extend
the period in which to use accumulated compensatory time off
for up to an additional six (6) months. An extension, if granted,
shall permit the additional accumulation of compensatory time
off of not more than ten (10) hours to a maximum of forty (40)
hours. Within applicable budgetary limitations, the City has
the discretion to pay for compensatory time off and, at any time,
for accumulated compensatory time off. Upon termination, employees
shall be compensated for accumulated compensatory time off.
Certain classifications in the competitive service shall
be exempt from the provisions of overtime and this Section. Such
exempt classifications shall have the exemption stated on both
the Salary Man and the class specification in the Classifica-
tion Plan.
Work performed on call back shall be
same manner as overtime. Standby duty which
time worked shall be compensated in a manner
writing by the City Manager.
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compensated in the
does not constitute
prescribed in
Section 4.13. Compensation for Layoff: An employee who
is terminated from the competitive service of the City as a
result of a layoff, shall be paid for accrued vacation and
accrued overtime. Accrued sick leave shall be restored to an
employee if the employee is reemployed within one year, and
upon the completion of one (1) year of additional continuous
service. Should an employee be reemployed in the formerly held
position, the employee shall be placed at the same salary step
as when the lay -off occurred. No credit shall be received
toward a step increase or seniority during the period of
layoff. Employees who have attained permanent status at the
time of layoff and who are reemployed within a period of
one (1) year shall retain their assigned anniversary dated.
Section 4.14. Compensation During Suspension: An employee
who is suspended with pay shall be paid that salary the employee
was entitled to prior to the suspension. An employee who is
suspended without pay under the disciplinary procedures shall not
be paid for those specific days of suspension. Additionally, an
employee suspended without pay shall not accrue sick leave,
vacation, seniority and other benefits during a suspension of more
than fifteen (15) work days.
Section 4.15. Salary on Voluntary Demotion: At the
discretion of the City Manager, any employee who elects to take
a voluntary demotion may be placed at a lower step, or may be
placed at a step in a lower range or may be placed at Steo "Y"
which is equal to the employee's current salary step. The
employee's anniversary date shall not change.
An employee receiving Step "Y" shall remain in the Step "Y"
until such time as the position is assigned to a salary range in
which the E step is equivalent to or higher than the Step "Y"
at which time the employee shall be placed in the E step. Such
employee shall not receive salary adjustments until such time as
Step "Y" is equivalent or less than the E step of the salary
range of the employee's position.
Section 4.16. Compensation for Temporary Assignment to
Higher Classification: An employee may receive adjusted compens-
ation for working in an assignment in a higher classification.
Working at a higher classification shall mean that the employee
is performing a significant part of the duties of a position in
a higher salary range for a period of sixty (60) days or more.
The adjusted compensation shall be at a rate set by M.O.U. or
Council resolution. Employees enrolled in training programs
which involve temporary re- assignment to a higher classification
shall not be eligible for adjusted componsation.
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Section 4.17. Compensation for Vehicle Use: An employee
shall be compensated for use of the employee's personal vehicle
on City business under the rules set forth by the City Manager
and established by Council resolution.
Section 4.18. Restitution: An employee may be required under
the provisions of Rule 12, in a manner approved by the City
Manager, to provide restitution to the City of Moorpark for
willful, wanton or malicious destruction of City property.
Section 4.19. Error in Determination of Correct Salary_
Rate: Should an employee be advanced to a higher step in the salary
range for his /her class than for which he /she was recommended through
error, such error shall be corrected immediately following
its discovery. Reimbursement to the City by the employee for
said error shall be made by one of the following methods or
a combination thereof:
1. Application of accrued equivalent time off for
overtime service;
2. Application of equivalent time off for overtime
service earned during the time immediately following
the date of the discovery of said error;
3. Application of the increase in the employee's salary
following his /her next merit salary increase; or,
4. Application of a partial reduction in the employee's
salary for a period of not less than three (3) nor
more than six (6) months; or,
5. Any other method mutually agreed to.
Determination of which one or combination of the above
methods of reimbursement should be used shall be made by the
department head subject to the approval of the City Manager.
Should the employee terminate before full reimbursement to the
City has been made, the money required to complete reimbursement
shall be deducted from the employee's last paycheck.
Section 4.20. "Compensation - Permenant Part -Time
Employees ": Permanent part -time employees shall be paid the
hourly equivalent of the monthly salary paid to a full -time
employee in the classification to which they are assigned. They
shall move through the steps in their range when they have
completed the number of hours equivalent to full -time employment
in each step and pursuant to the Rules of Section 4.5. and Rule
9.0.
1 Section 4.21. "Compensation - Temporary Employees"_;_
Temporary employees shall -be paid an hourly rate established by
the City Manager as appropriate for the work to be performed
and within the budgeted amounts in temporary employee salaries.
- -
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RULE 5. APPLICATIONS AND APPLICANTS
Section 5.1. Announcement: All examinations for classes
in the competitive service shall be publicized by such methods as the
Personnel Director deems appropriate. Special recruiting shall be
conducted, if necessary, to insure that all segments of the community
are aware of the forthcoming examinations. The announcements shall
specify the title and pay of the class for which the examination is
announced; the nature of the work to be performed; preparation
desirable for the performance of the work of the class; the manner
of making application; and other pertinent information.
Section 5.2. Application Forms: Applications shall be made as
prescribed on the examination announcement and on forms provided by
the City. Application forms shall require information covering
training, experience, and other pertinent information, and may include
certificates of one or more examining physicians, references and
fingerprints. All applications must be signed by the person applying.
Section 5.3. Rejection of Application: The Personnel
Director may reject any application which indicates on its fact
that the applicant does not possess the minimum qualifications
required for the position. Applications may be rejected if the
application indicates facts that show that the applicant is physically
or psychologically unable to perform the job applied for, and no
reasonable accommodation can be made for such disability; is addicted
to the habitual excessive use of drugs; has made any false statement
of any material fact; is not legally permitted to work within the
United States; or practiced any deception or fraud in an application.
Whenever an application is rejected, notice of such rejection shall
be mailed to the applicant by the Personnel Director. Defective
applications may be returned to the applicant with notice to amend
the same, providing the time limit for receiving applications has
not expired.
Section 5.4. Criminal Conduct - Ineligibility for Employment:
Conviction, including pleas of guilty and nolo contendere, of a felony
shall be considered, but does not constitute an automatic bar to
employment. In considering whether or not to reject the application,
the appointing authority shall consider the following factors:
(a) the classification, including sensitivity, to which
the person is applying or being certified and whether
the classification is unrelated to the conviction;
(b) the nature and seriousness of the offense;
(c) the circumstances surrounding the conviction;
(d) the length of time elapsed since the conviction;
(e) the age of the person at the time of conviction;
(f) the presence or absence of rehabilitation or efforts
at rehabilitation;
(g) contributing social or environmental conditions.
Section 5.5. Request for Reconsideration by Applicant:-
An applicant whose appliction is rejected or who is otherwise dis-
qualified for employment with the City may request reconsideration
of such determination. Such request shall be in writing and filed
with the City Manager within ten (10) calendar days of the date of
the notice of the rejection or disqualification. The City Manager
shall complete the reconsideration within ninety (90) calendar days
after the request is filed. The determination of the City Manager
shall be final.
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RULE 6. EXAMINATIONS
Section 6.1. Examination Process: The selection techniques
used in the examination process shall be impartial and relate to
those subjects which, in the opinion of the Personnel Director,
fairly measure the relative capacities of the persons examined to
execute the duties and responsibilities of the class to which they
seek to be appointed. Examinations shall consist of selection tech-
niques which will test fairly the qualifications of candidates such
as, but not necessarily limited to, achievement and aptitude tests,
other written tests, personal interview, performance tests, physical
agility tests, evaluation of daily work performance, work samples,
medical tests, psychological tests, background investigations,
successful completion of prescribed training, or any combination of
these or other tests. The probationary period shall be considered
as a portion of the examination process. Examinations shall be
designed to provide equal opportunity to all candidates by being
based on an analysis of the essential requirements of the class,
covering only factors related to such requirements. Certain elements
of the examination process may be designated as qualifying tests
only. Failure on one part of the examination may be grounds for
declaring the candidate as failing the entire examination or dis-
qualified for subsequent elements of the examination.
A Section 6.2. Promotional Examinations: Promotional examina-
1 tions may be conducted whenever, in the opinion of the Personnel
Director, the needs of the service require. Promotional examinations
may include any of the selection techniques mentioned in Section 1
of this Rule, or any combination of them. Only regular or probationary
employees who meet the requirements set forth in the promotional
examination announcements may compete in promotional examinations.
Section 6.3. Continuous Examination: Open- competitive
examinations may be administered periodically for a single class
as the needs of the service required. Names shall be placed on
employment lists, and shall remain on such lists, as prescribed in
these Rules.
Section 6.4. Conduct of Examination: The City may contract
with any competent agency or individual for the preparing and /or
administering of examinations. In the absence of such a contract,
the Personnel Director shall see that such duties are performed. The
Personnel Director shall arrange for the use of public buildings and
equipment for the conduct of examinations.
Section 6.5. Notification of Examination Results and Review
of Papers: Each candidate in an examination shall be given written
notice of the results thereof, and if successful, of the final
earned score and /or rank on the employment list.
All candidates taking_a written examination shall have the right
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 Personnel Director within this
period, shall be corrected. __Such corrections shall not, however,
require- invalidation of appointments previously made.
RULE 7. EMPLOYMENT LISTS AND APPOINTMENTS
Section 7.1. Employment List: An employment list shall be
established following a competitive examination listing the names
of those applicants who have achieved a final score meeting or
exceeding a passing score established for the position. The names
on the employment list shall be arranged in order of final scores
from the highest to the lowest score. Such applicants shall be
deemed as qualified for appointment, pending further review by the
appointing authority and other qualifying procedures such as
reference checks, medical examinations or background investigations.
If five or less names of applicants, willing and able to accept
appointment,are available on a .List, that list may be declared
invalid by the City Manager and a new recruitment and examination
announced.
Names of those not chosen from an eligibility list that is
less than one year old may be merged in relative order with names on
a newly established list for the same classification, but such names
shall not remain on the new list for more than 18 months from the
date of their original examination.
Section 7.2. Duration of Lists: Lists other than promotion
lists shall remain in effect until exhausted or abolished by the
Personnel Director, but not extending longer than twelve (12) months.
Section 7.3. Reemployment Lists. The names of permanent
full -time employees who have been laid off under the provisions of
these Rules shall be placed on an appropriate reemployment list.
Such names shall remain thereon for a period of one year, as pro-
vided for in Section 10.8. When a reemployment list is to be used
to fill vacancies, the City Manager shall certify, from the top of
such lists, the number of names equal to the number of vacancies to
be filled and the City Manager shall appoint such persons to fill
the vacancies, provided such persons possess the minimum qualifica-
tions established for the particular class at which they are to be
appointed. The reemployment list shall have priority over employ-
ment lists, reinstatement list and promotion lists.
Section 7.4. Reinstatement List. The names of former employees,
as provided for in Section 11.6, shall appear on a reinstatement list
for one year following the employee's termination in good standing.
No examination is required; however, appointment from this list
requires the approval of the City Manager. A reinstated employee
must serve a probationary period-
- -26-
Section 7.5. Promotion List. A promotion list shall be
established, with the approval of the City Manager, following a
competitive examination. The names of those applicants who have
achieved a final score meeting or exceeding a passing score estab-
lished for the position shall comprise the promotion list. The names
on the promotion list shall be arranged in order of final score from
the highest to the lowest score. Such applicants shall be deemed
as qualified for appointment, pending further review by the appointing
authority and other qualifying procedures, such as reference checks,
medical examinations or background investigations. Promotion lists
shall be valid and remain in effect for a period of six(6) months,
unless sooner exhausted. A promotion lisit may be extended for up
to an additional six (6) months by the City Manager, if extended
prior to its expiration date.
Section 7.6. Transfer. An employee may be transferred at
any time from one position to another position in the same classifica-
tion. The City Manager may order a transfer for the purposes of
economy, efficiency or for reasons related to the best interests of
the City. A request for transfer to a vacant position may be
initiated by an employee or the employee's department head. The
transfer of an employee from one department to another shall require
the approval of the head of both departments, as well as the City
Manager. A department head may consider requests for transfers
concurrently with appropriate employment, reemployment, promotion
or reinstatement lists. No examination is required of an employee
requesting a transfer; however, the employee must possess the
qualifications for the position.
Section 7.7. Removal of Names from Lists. A person appearing
on an employment, reemployment, reinstatement or promotion
list shall be removed by the City Manager if the person (1) requests
in writing that he /she be removed, (2) fails to respond within five (5)
working days to a written notice sent to the person's last known place
of address, (3) fails to pass the medical examination, (4) leaves no
forwarding address, (5) is found to be unsuitable for the position by
the appointing authority, consistent with applicable sections of these
Rules.
Section 7.8. Certification of Persons Eligible for Appointment.
When an appointment is to be made from an employment list, reemploy-
ment list, promotion list or reinstatement list, the City Manager
shall certify qualified persons from the appropriate list. The City
Manager may certify persons from a list for a higher classification
in order to fill a vacancy in a lower classification when job duties
are of a similar nature. If it is not possible to fill a vacancy by
reemployment, or if the City Manager does not consider it in the City's
best interest to fill the vacancy by reemployment, reinstatement,
promotion, transfer, or demotion, certification shall be made from an
appropriate employment list, provided eligibles are available.
/] When an appointing authority requests a vacancy be filled by
appointment from a promotional employment list or from an open
employment list, the Personnel Director should certify from the
specified list.the names of all individuals willing to accept
-2 "I --
appointment. Whenever there are fewer than three names of individuals
willing to accept appointment on a promotional employment list or on
an open employment list, the appointing power may make an appoint-
ment from among such eligibles or may request the Personnel Director
to establish a new list. When so requested, the Personnel Director
shall hold a new examination and establish a new employment list.
Section 7.9. Physical Requirements. The City may require
that all applicants and employees be in such physical or mental
condition to perform the duties of their job and may require a
medical or psychological evaluation at any time at City expense.
No employee shall hold any position in a classification in which
he /she cannot physically or mentally perform all the duties of the
job adequately or without hazard to himself /herself or others.
Within the limitations indicated, the City's policy shall be to make
such efforts as are consistent with the provisions of these rules,
and Federal and State law, to place physically disabled employees
in such positions are available in the City service where their
disabilities will not affect their performance of duties.
Section 7.10. Appointment. After the selection process, the
department head or immediate supervisor shall make recommendations
for appointment from among those individuals certified. The City
Manager shall be immediately notified of any recommendations. The
City Manager shall thereupon review the recommendations and make an
appointment. If an applicant accepts appointment and presents
himself /herself for duty within such period of time as the City
Manager shall prescribe, he /she shall be deemed to be appointed;
otherwise, he /she shall be deemed to have declined the appointment.
Section 7.11. Types of Appointment: All vacancies in the
competitive service shall be filled by transfer, demotion, re- employ-
ment, reinstatement, or from eligibles certified by the Personnel
Director from an appropriate employment list, if available. In the
absence of persons eligible for appointment in these ways, provisional,
interim and temporary appointments may be made in accordance with these
Personnel Rules.
Section 7.12. Notice to Personnel Director. If a vacancy in
the competitive service is to be filled, the appointing authority
shall notify the City Manager in the manner prescribed. If there is
no re- employment list avilable for the class, the City Manager shall
have the right to decide whether to fill the vacancy by reinstatement,
transfer, demotion, appointment from a promotional employment list,
or appointment from an open employment list.
Sction 7.13. Provisional Appointment: In the absence of
there being names of individuals willing to accept appointment
from appropriate employment lists, a provisional appointment ma-r be
made by the City - Manager of a person meeting the minimum training
and experience qualifications for the position. Such an appointment
may be made during the period of suspension of an employee or pending
final action on proceedings to review suspension, demotion or dis-
charge of an employee, and such vacancy may I-e filled by the City-
Manager, subject to the provisions of the Personnel Rules. A pro-
visional employee may be removed at any time without the right of
appeal or hearing. No provisional appointment shall exceed six (6)
months.
A provisional appointee shall accrue the same benefits as pro-
bationary employees. If a provisional appointee is selected for a
full -time position with the City, the time served as a provisional
appointee shall not be counted as time toward the fulfillment of the
required probationary period.
No special credit shall be allowed in meeting any qualifications
or in the giving of any test or the establishment of any open -com-
petitive promotional lists, for service rendered under a provisional
appointment.
Section 7.14. Interim and Temporary Appointment. When a
position in the competitive service becomes vacant, the City Manager
may appoint an existing employee or a new employee as the interim or
temporary replacement in the affected position. Such employee
appointed to an interim or temporary position may be removed at any
time without rights to appeal or hearing and shall not attain
permanent or probationary status. Existing employees shall be re-
turned to their former position.
Section 7.15. Emergency Appointments. To meet the immediate
requirements of an emergency condition, such as extraordinary fire,
flood or earthquake, which threatens public life or property, the
City Manager or a department head may employ such persons as temporary
employees as may be needed for the duration of the emergency without
regard to the Personnel Rules affecting appointments. All such
appointments shall be reported to the City Manager as soon as possible.
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RULE 8. PROBATIONARY PERIOD
Section B.I. Regular Appointment Following Probationary
Period: All original appointments shall be tentative and subject
to a probationary period of one (1) year of actual service. If
the service of the probationary employee has been satisfactory
to the appointing authority, then the appointing authority shall
file with the City Manager a statement in writing to such effect
and stating that the retention of such employee in the service is
desired. The City Manager shall consider the recommendation and
then notify the affected employee in writing of the authorization
of the end of the employee's probationary period. The employee
shall be advanced to permanent status on the first day of the
next regular period. If such a statement is not filed, the
employee will be deemed to be unsatisfactory and his employment
terminated at the expiration of the probationary period. Where
a statement of satisfactory service has not been filed, notice
of the termination shall be served on the terminated employee
by the Personnel Director.twenty (24) hours prior to the dismissal
except in the case of an emergency. In the event a probationary
employee's performance has not been satisfactory, the appointing
authority shall notify the City Manager in writing prior to the
scheduled termination of the probationary period. Employees
1 who are transferred or whose positions are reclassified are not
subject to a probationary period as a result of these actions.
Section 8.2. Probation on Promotion, Reinstatement or
Reclassification: On accepting a promotion, reinstatement or
an appointment to a different classification, a permanent employee
serves a new probationary period of six (6) months. Promotions,
reinstatements or reclassifications will not be permanent until
the successful completion of this probationary period.
Section 8.3. Extension of Probationary Period: The
City Manager may extend the probationary period of an individual
employee upon the request of the employee's department head. No
probationary period may be extended for more than six (6) addition-
al months. An employee must be notified in writing by the City
Manager prior to the extension of the probationary period.
Section 8.4. Objective of Probationary Period: The
probationary period shall be regarded as a part of the selection
process and shall be utilized for closely observing the employee's
work and for securing the most effective adjustment of a new
employee to the position.
Section 8.5. Rejection of Probationer: During the
probationary period, an employee may be rejected at any time by the
appointing authority without cause and without the right of — -
appeal. Notification of rejection by the appointing authority shall
be served on the probationer.
l
Section 8.6. Rejection Following Promotion: Following
a promotional appointment, any employee rejected during the probation-
ary period, or at the conclusion of the probationary period, by
reason of failure of the appointing authority to file a statement that
the employee's services have been satisfactory, shall be reinstated
to the position from which he /she was promoted, unless charges are
filed and the employee is dismissed in the manner provided in the
Personnel Ordinance and these Rules. If there is no vacancy in such
position, the employee may request to be placed on a re- employment
list.
If the promotional appointment was to a position outside
of the competitive service and the employee is rejected during
the first six (6) months of the appointment, the employee shall
be dismissed from employment with the City, unless at the City's
option the employee is reinstated to the position in the competitive
service from which he /she was promoted. If there is no vacancy in
such position, the employee may request to be placed on a
re- employment list.
Section 8.7. Probation Following Layoff: Employees laid off
while on probation must serve a new probationary period following
re- employment, pusurant to Section 8.1.
Section 8.8. Part -Time Employees: Part -time employees,
except those in a permanent part -time position, as defined in these
Rules, are not subject to a probationary period. Permanent part -time
employees shall serve a probationary period which is the equivalent
of one (1) year of service (2,080 hours).
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RULE 9. EMPLOYEE PERFORMANCE EVALUATION
Section 9.1. Objective of Employee Performance Evaluation:
Regular reports shall be made as to the efficiency, competency,
conduct and merit of employees in the competitive service. To
this end, it is the responsibility of the City Manager, department
heads and their subordinate supervisors that these reports be
made.
Section 9.2. Employee Performance Evaluation Report: A
report on the performance of a probationary employee shall be
completed at the mid point of the probationary period and again
prior to the completion of his /her probationary period. A report
for permanent employees shall be completed within 30 days prior
to the employee's anniversary date each year. A copy of all
reports shall be submitted to the City Manager. In addition, a
report may be prepared at any time at the discretion of the
employee's supervisor. The reports shall be on forms approved
by the City Manager.
Section 9.3. Review with Employees: Each performance
evaluation report shall be thoroughly discussed with the employee
to point out areas of successful performance and areas that need
improvement. The employee shall be encouraged to comment regarding
his /her performance, either in a written statement attached to
the report or orally. The employee shall sign the performance
report to acknowledge awareness of its contents and verify that
it has been discussed with the evaluator. The employee's signature
does not necessarily mean the employee fully agrees with the contents
of the report.
RULE 10. EMPLOYEE LAYOFF POLICY AND PROCEDURES
Section 10.1. Statement of Intent:
of efficiency, or in the interest or mandate
reductions or curtailments of City services
ever, in the judgement of the City Council,
the City Council may abolish any position o
employee holding such position or employment
demoted without disciplinary action.
For reasons of economy,
of the public,
may be required. When -
it becomes necessary,
r employment and the
may be laid off or
Section 10.2. Notification: Employees to be laid off shall
be given, whenever possible, at least 14 calendar days prior
notice.
Section 10.3. Vacancy and Demotion: Except as otherwise
provided, whenever there is a reduction in the workforce, the
appointing authority shall first demote to a vacancy, if any, in
a lower class for which the employee -who is the latest to be
laid off in accordance with Section 10.6 is qualified. All persons
so demoted shall have their names placed on the reemployment list.
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Section 10.4. Voluntary Retreat Rights: An employee desig-
nated to be laid off may elect to retreat to the top of the seniority
list for the next lower classification within the same department,
provided the employee has previously held permanent status in such
lessor departmental classification, or possesses the minimum skills
to perform satisfactorily. The City Manager shall determine whether
an employeee has such minimum skills. Employees who retreat into a
lesser classification retain re- employment rights to the original
position within the same department as provided in Section 10.7.
Retreat rights shall prevail only within a department and within an
identifiable career ladder, as identified by. the City Manager.
Section 10.5. Seniority: In order to retreat to a former
or lower class, an employee must have more seniority than at
least one of the incumbents in the retreat class and request
displacement action in writing to -the Personnel Director within
five (5) working days of receipt of notice of layoff.
Employees retreating to a lower or similar class shall be
placed at the salary step representing the least loss of pay.
In no case shall the salary be increased above that received in
the class from which the employee was laid off.
Employees retreating to a lower or similar class shall
serve a probationary period in the new class unless they have
previously successfully completed a probationary period in the
class or a class in the class series.
Section 10.6. Employment Status: In each class,
employees shall be laid off according to employment
status in the following order: temporary, provisional, probationary
and regular. Temporary, provisional and probationary employees
shall be laid off according to the needs of the service as
determined by the appointing authority.
In cases where there are two or more _permanent employees
in the class from which the layoff is to be made, such employees
shall be laid off on the basis of the last evaluation rating in
the class, providing such rating has been on file at least 30
days and no more than 12 months prior to layoff as follows:
First, all employees having ratings of "improvement
needed;" Second, all employees having ratings of "satis-
factory" or "competent "; Third, all employees having
ratings of "exceeds standards" or "outstanding ".
Employees within each category of rating shall be laid off in
inverse order of seniority in City service.
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Section 10.7. Re- employment List: The names of persons
laid off or demoted in accordance with these rules shall be
entered upon a re- employment list. Lists from different depart-
ments or at different times for the same class of position shall
be combined into a single list. Such list shall be used by
every appointing authority when a vacancy arises in the same
or lower class of position before certification is made from any
other list.
Section 10.8. Duration of Re- Employment List: Names of
persons laid off shall be carried on a re- employment list for one
year, except that persons appointed to permanent positions of
the same level as that which laid off, shall, upon such appoint-
ment, be dropped from the list. Persons who refuse re- employment
shall be dropped from the list. Persons re- employed in a lower
class, or on a temporary basis, shall be continued on the list
for the higher position for the one year.
Section 10.9. Layoff Appeal: A permanent employee shall
have the right to request an appeal hearing. Such request must
be made in writing to the City Manager within five (5) working
days after receipt of a layoff notice. The City Manager shall
prepare and deliver a decision on the appeal within five (5)
working days after receipt of the appeal.
The scope of the appeal shall not include such issues as
the need for layoff, the reasons for layoff, the extent of layoff,
the classifications selected for layoff, or the exercise of
other City prerogatives -involved -in layoff. The issues of such
appeal shall be limited only to whether or not there was sub-
stantial compliance with the procedures for layoffs and the
established order of departmental layoff within a classification.
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E
RULE 11. TRANSFER, DEMOTION, SUSPENSION AND REINSTATEMENT
Section 11.1. Transfer: No person shall be transferred
to a position for which that person does not posses the minimum
qualification. Upon notice to the City Manager, an employee may
be transferred by the appointing power or designee at any time
from one position to another position in a comparable class.
For transfer purposes, a comparable class is one with the same
maximum salary, involves the performance of similar duties and
requires substantially the same basic qualifications.
If the transfer involves a change from one department
to another, both department heads must consent thereto unless
the City Manager orders the transfer. Transfer shall not be
used to effectuate a promotion, demotion, advancement, or
reduction, each of which may be accomplished only as provided
in the Personnel Ordinance and these Rules.
Section 11.2. Demotion: The appointing authority may
demote an employee whose ability to perform the required duties
falls below standard, or for disciplinary purposes. Upon
request of the employee, and with the consent of the appointing
authority, demotion may be made to a vacant position. No employee
shall be demoted to a position who does not posses the minimum
qualifications for that position. Disciplinary demotion action
shall be in accordance with the applicable provisions of these
Rules.
Section 11.3. Suspension: The appointing authority may
suspend an employee from a position at any time for a disciplinary
purpose. Suspension without pay shall not exceed thirty calendar
days, nor shall any employee be penalized by suspension for more
than thirty calendar days in any fiscal year. Department heads
may suspend a subordinate employee for not more than three
working days at any one time, and not more than once in a thirty
calendar day period. Intended suspension action shall be reported
immediately to the City Manager, and shall be taken in accordance
with the applicable provisions of these Rules.
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Section 11.4. Dismissal: An employee in the competitive
service may be dismissed at any time by the appointing power.
Whenever it is the intention of the appointing authority to
dismiss an employee in the competitive service, the Personnel
Director shall be notified. Dismissal action shall be taken in
accordance with the applicable provisions of these rules.
Section 11.5. Reinstatement: With the approval of the
City Manager, a permanent employee or probationary employee who
has completed at least six months of probationary service and
who has resigned with a good record may be reinstated within
one (1) year of the effective date of resignation, to a vacant
position in the same or comparable class. Upon reinstatement,
the employee shall be subject to a probationary period of six (6)
months. No credit for former employment shall be granted in com-
puting salary, vacation, sick leve or other benefits, except on the
specific recommendation of the appointing authority at the time of
reinstatement, and upon the approval of the City Manager and the
City Council. The employee shall be assigned a new Salary
Anniversary Date one (1) year after reinstatement.
RULE 12. PRE- DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURES
Section 12.1. Standards of Conduct: All employees are
expected to adhere to standards of reasonable and prudent conduct.
Each department may set standards required by departmental oper-
ations. Employees who violate standards should expect management
and supervisors to take appropriate disciplinary actions.
Section 12.2. Applicability of Discipline: Disciplinary
action may be taken against any person employed by the City. Non-
permanent employees shall have no right to the notice and hearing
requirements set forth within or to any other notice and hearing
provision whatsoever.
Section 12.3. Discretion in Disciplinary Action: The
City Manager, department management and supervisors may exercise
their discretion in applying discipline appropriate to the
employee's offense(s) and work record.
Section 12.4. Permitted Disciplinary Action: Any one
or combination of disciplinary actions may be taken against an
employee for offenses stated in Section 12.8 or for any other
just cause.
Verbal Admonishment Reduction in Salary
Written Reprimand Demotion
Restitution Dismissal
Suspension
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f
Section 12.5. Verbal Admonishment: When necessary,
verbal admonishments shall be given in private on a one -to -one
basis between the supervisor and the employee. The supervisor
shall include in the admonishment a review of appropriate
department standards and policies, employee performance expected
in the future and consequences for failure to correct performance
or behavior and shall keep a record of the date, time and nature
of such admonishment.
Section 12.6. Written Reprimand: A written reprimand
shall be prepared for the continued or more serious offense. The
reprimand shall take the form of a memorandum including a full,
accurate and factual statement of the reason for the reprimand.
The memorandum shall be given to the employee in private. The
supervisor shall explain appropriate department standards and
policies, employee performance expected in the future and con-
sequences for failure to correct performance or behavior. A copy
of the memorandum shall be sent to the City manager to be placed
in the employee's personnel folder. A dated copy of the written
reprimand shall be released to the employee. Within ten (10)
calendar days after the employee receives such dated copy, the
employee may respond in writing to the reprimand and have such
response placed in the employee's personnel folder. The employee
shall have no further right of response or appeal.
Section 12.7. Suspension Without Pay: When in the opinion
of the department head, circumstances warrant, a suspension of
three (3) days or less may be imposed. Prior to the imposition of
such discipline, the department head shall explain appropriate -
department standards and policies, employee performance expected
in the future, and consequences for failure to correct performance
or behavior. A written record of the discipline, including a full,
accurate and factual statement of the reason therefor, shall be
sent to the City Manager to be placed in the employee's personnel
folder. Within ten (10) calendar days after the date the discipline
is imposed, the employee may respond in writing and have such
response placed in the employee's personnel folder. The employee
shall have no further right of response or appeal.
Section 12.8. Pre - Disciplinary Procedures: A permanent
employee being considered for suspension without pay in excess of
three (3) work days, restitution, reduction in salary, demotion or
dismissal shall be insured due process through these pre- disciplinary
procedures.
_37_
Section 12.8.1. Written Notice: Written notice of a proposed
disciplinary action shall be given to the employee in private.
This notice shall include the proposed action and the specific
reasons for such action. A written copy of the charges and the
grounds for such charges shall also be included. The employee is
entitled to copies of materials on which the charges are based.
The notice shall inform the employee when and where the
employee may review materials related to the action, the employee's
right to respond orally or in writing, the right to respond in
person or through a designated representative, the time period in
which the response should be made and to whom and where it should
be made. The notice shall be signed by the person initiating the
disciplinary action.
Section 12.8.2. Employee Review: The employee shall be
given an opportunity to review the material on which the proposed
action is based and which is relied on to support the reasons in
the written notice, including, but not limited to, statements of
witnesses, documents, and investigative reports or extracts there-
from. The employee shall be supplied with a copy of the materials
on which the proposed action is based.
Section 12.8.3. Employee Response: An employee is entitled
to a reasonable time not to exceed ten (10) calendar days to
answer a notice of proposed disciplinary action. An extension
of time may be granted an employee within the aforementioned
period if the employee can demonstrate the need for an extension
to the department head. Should an employee respond, the depart-
ment head shall consider the response in reaching a decision
on disciplinary action. The employee is entitled to respond in
writing or orally, through a designated representative or any
combination thereof. If the employee requests a meeting to
present a response, the meeting shall not be conducted as an
adversary hearing. The employee may not cross - examine the
department's witnesses nor present a formal case to support
the response. The employee shall be given the opportunity
to make any representations which the employee believes might
affect the decision for disciplinary action. Any time extensions
shall be mutually agreed upon.
The department has the right to conduct further investiga-
tions.
Section 12.8.4. Department Head Answer: The department
head shall provide a written answer to an employee's response at
the earliest practicable date, not to exceed ten (10) calendar
days following the response of the employee. The department
head shall deliver the notice of decision to the employee at or
before the time when the action will be effective. The answer
shall be dated and signed by the department head. The answer
shall inform the employee which of the reasons and grounds in
the notice of proposed disciplinary action have been sustained.
The answer shall include a statement of the employee's right to
appeal, as provided herein, if and only if such disciplinary
action results in suspension without pay in excess of three (3)
working days, re�citution, reduction in salary, demotion or dismissal.
Additionally, the time limit for an appeal and the specific discip-
line to be imposed,or the decision not to impose discipline, shall be
detailed in the answer. The effective date of discipline shall be
included in the answer. Any time extentions shall be mutually agreed
upon.
A decision not to impose discipline shall be accompanied
by a directive from the department head to delete all references
to the pending action from the employee's personnel file. Fail-
ure by the department to make further investigations or to
provide written answer shall not affect the ability of the City
to impose disciplinary action.
Section 12.8.5. Appeal of Disciplinary Actions: Any
employee may appeal a proposed suspension without pay in excess
of three (3) work days, demotion, restitution, reduction in salary,
or dismissal to the City Manager within ten (10) calendar days after
the receipt by the employee of the department head's answer. An
appeal within the described time frame would suspend the effective
date of the discipline until a final decision is made.
Section 12.8.6. Method of Appeal: Appeals shall be in
writing, signed by the appealing employee and delivered to the
City Manager. A letter of appeal must outline the basis of the
appeal and the action desired by the employee.
Section 12.8.7. Appeal Hearing: Upon the receipt of a
timely letter of appeal, the City Manager shall set the matter
for hearing. The hearing shall be held within thirty (30)
calendar days after receipt of the letter of appeal. The City
Manager shall give not less than five (5) days written notice
to the affected employee, department head and any such person
requesting same, of the time and place of such hearing. The
hearing may be public or closed at the employee's option. The
appealing employee shall appear personally and may be represented
by an attorney or by another representative of the employee's
l choosing.
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At the appointed time and place, the City Manager or
a hearing officer appointed by the City Manager at his /her
discretion shall open the appeal hearing. During the examination
of a witness, all other witnesses, except the parties, shall be
excluded from the hearing, unless City Manager or hearing officer
in his /her discretion, for good cause, otherwise directs. No
still photographs, moving pictures, or television pictures shall
be taken in the hearing chamber during a hearinq. The Citv shall
keep a verbatim record of the appeal proceedings. The employee
shall have the right at his /her own expense to do the same.
The City Manager or hearing officer; prior to or during
a hearing, may grant a continuance for any reason he /she believes
to be important to his /her reaching a fair and proper decision.
The City Manager or hearing officer shall give all interest-
ed parties a reasonable opportunity to be heard on relevant
issues. The City's representative shall first present an opening
statement and oral and /or documentary evidence in support of the
City's position. The appealing employee may cross - examine any
witness called by the City. The appealing employee may make an
opening statement on his /her behalf, and present oral and /or
documentary evidence in support of his /her appeal. The City's
representative may cross - examine any witness called by the
employee. Both the City and the affected employee may then
make a closing statement, followed by closing statement by
the City.
The hearing need not be conducted according to technical
rules relating to evidence and witnesses. However, the City
Manager or hearing officer shall observe the substance of such
rules to the end that the matter before him /her can be fairly
determined on reliable evidence.
Section 12.8.8. City Manager's or Hearing Officer's Finding
and Decisions: The City Manager or hearing officer shall, within
fifteen (15) calendar days after the conclusion of the hearing,
cause findings and decisions to be prepared in writing and shall
certify them. The City Manager or hearing officer shall determine
whether the proposed action of the department head is supported
by the evidence presented and is consistent with the provisions
of the City's Personnel Rules, resolutions and ordinances. Should
the City Manager or hearing officer find that none of the charges
are supported by the evidence presented, the decision shall be
that no disciplinary action be taken. Should the City Manager or
hearing officer find that any or all of the charges are supported,
the City Manager or hearing officer may affirm, over -rule, impose
more severe action, or modify, in whole or in part, the department
head's proposed disciplinary action. The decision of the City
Manager or hearing officer shall be final and conclusive in all
_) cases. Any time extensions shall be mutually agreed upon.
CIE
Section 12.8.9. Notice of Findings and Decisions: The
City Manager's or hearing officer's findings and decisions shall
be filed as a permanent record in the employee's personnel file.
The City Manager shall deliver a copy of the findings and decisions
to the affected employee and the department head. The decision shall
indicate the effective date of anv disciplinary action.
Section 12.8.10. Employee Status During Pre - Disciplinary
Period: Except as otherwise provided, an employee against whom
disciplinary action is proposed is entitled to be retained in
an active status during the pre - disciplinary period. When
circumstances are such that retention of the employee in active
status may result in damage to City property or may be detrimental
to the interests of the City or injurious to the employee, fellow
employees or the public, the department head may temporarily assign
the employee to duties in which these conditions do not exist or
place the employee on paid suspension with the approval of the
City Manager.
Section 12.8.11. Requirement to Appoint Hearing Officer:
If the person who initiates the discipline under this Section is
the City Manager, the appeal shall be heard by a hearing officer
appointed by the City Council. At the first meeting of the City
Council held after the letter of appeal is received in accordance
with Section 12.8.7, the City Manager shall inform the City Council
of the need for such appointment. The City Council shall make the
appointment within seven (7) calendar days prior to the date of the
hearing. The City Council may extend the period within which the
hearing must be held, as prescribed in Section 12.8.7. The
extension shall be made within the original period and shall not
exceed fifteen (15) calendar days.
Section 12.9. Causes for Disciplinary Actions: All
employees are expected to conduct themselves in a reasonable and
prudent manner within City and respective department standards.
Employees who violate such standards should expect appropriate
disciplinary actions. The following list of selected causes for
disciplinary action is not a total and complete statement of
causes of discipline. This list represents those offenses which
are most common. Management and supervisors may discipline an
employee for other good cause.
1. Tardiness.
2. Failure to observe precautions for personal safety,
posted rules, signs, safety instructions, or to use
protective clothing or equipment.
3. Careless workmanship resulting in waste of materials.
1 4. Unsatisfactory work performance.
5. Misuse or abuse of sick leave privileges; i.e., failure
to present adequate documentation of illness when
required by the City Manager or respective department
head, repeated absences before or after days off,
unauthorized purposes.
6. Failure, refusal or delay in carrying out orders, work
assignments, or instructions of superiors in a prompt
competent and reasonable manner; insubordination;
inattention to or dereliction of duty, including wasting
time or working below expected level of output,
inefficiency.
-•l7-
7. Acceptance of gifts or gratuities from parties doing
business with City.
8. Unauthorized sleeping while on duty.
9. Disorderly conduct: fighting, threatening, attempting
to inflict bodily injury on another; engaging in
dangerous horseplay.
10. Being on duty under the influence of any intoxicant
or controlled substance or reporting for duty while
intoxicated or under the influence of a controlled
substance.
11. Loss or destruction of City property or the property
of others through carelessness.
12. Engaging in political activities while on duty or on
the premises of City Hall.
13. Unexcused absence from duty.
14. Reckless driving on City premises or reckless
operation of City vehicle.
15. Gambling or promotion of gambling on City premises or
while on duty.
16. Endangering the safety of or causing injury to any
employee, including himself /herself.
17. Unauthorized disclosure of confidential information as
defined by law or by written directive of the City or
respective department.
18. Disrespectful conduct, use of insulting, abusive, or
vulgar language to, or about other employees or the
public.
19. Discourteous treatment and /or failure to maintain
satisfactory or harmonious working relations with the
public or City employees.
20. Unauthorized use of City vehicles. equipment or supplies.
21. Careless, negligent or improper uses of City property,
equipment or funds including unauthorized use for
private purposes or use involving damage or unreasonable
- risk of damage to property.
- -43-
22. Covering up or attempting to conceal defective work;
removing or destroying same without permission.
23. Falsification, misstatement or concealment of material
fact in connection with employment, promotion, any record,
investigation, or other proper proceeding.
24. Making false or unfounded statements which are defamatory
about other employees or City officials.
25. Willful damage to City property or to the property of
others.
26. Official conduct unbecoming a City officer or employee
which tends to discredit the City or the City service.
27. Any on -duty violation of federal, state or local laws
or any off -duty violation of law which might bring
discredit to the City.
28. Sexual harassment.
29. Participation in a strike, work stoppage, slowdown,
or other job action against the City.
30. Misappropriation of City funds.
31. Conduct tending to interfere with the reasonable
management and discipline of the City or any of its
departments or activities.
32. Engaging in incompatible employment elsewhere and /or
outside employment that has not been specifically
authorized.
33. Willful or negligent violation of Personnel rules and
regulations and /or written departmental rules,
regulations and policies.
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RULE 13. ATTENDANCE AND LEAVES
Section 13.1. Attendance at Work: Employees shall be
in attendance at their work in accordance with the rules regarding
hours of work, holidays, and leaves. All departments shall keep
daily attendance records of employees which shall be reported to
the City Manager in the form and on the dates as directed. Failure
on the part of an employee, absent without leave, to return to
duty within twenty -four (24) hours after a due notice to return to
work has been delivered shall be deemed to have resigned his /her
employment with the City. A certified letter
delivered by U. S. Mail to the employee's last known address shall
be reasonable notice.
Section 13.2. Hours of Work: Daily hours of work (or
shifts) for employees within departments shall be assigned by depart-
ment heads as required to meet the operational requirements of
said department. Any forseeable absence or deviation from regular-
ly scheduled working hours desired by an employee shall, in
advance, be cleared through the employee's department head, and
such absences shall be noted on the employee's time sheet.
City offices shall be kept open for regular business on all
days of the year except Saturday, Sunday and holidays approved by
the City Council. Employees for whom necessity requires a different
regular work schedule than that generally applied shall work according
to a work schedule prepared by the employee's department head.
Section 13.3. Leave -of- Absence: The City Manager, after con-
sultation with the affected department head, may grant a
permanent full -time employee a leave -of- absence for a period of
not to exceed one year. No such leave shall be granted except
upon written request of the employee setting forth the reason
for the request. Approval shall be in writing.
Upon expiration of an approved leave, the employee shall
be reinstated in the position held at the time leave was granted,
subject to the conditions of the leave or as provided by State
and /or Federal laws. Failure on the part of an employee on leave
to report promptly at its expiration, or within twenty -four (24)
hours after notice to return to work, shall be cause of dismissal.
The depositing in the U. S. Mail of a certified letter, addressed
to the employee's last known place of address shall be reasonable
notice.
- 4 5 -
Any employee on an approved leave -of- absence shall receive
no compensation, no vacation benefits, and no sick leave upon
the effective date of the approval of the leave. City contribu-
tions to retirement, health and medical plans shall be suspended
until the employee is reinstated. An employee who is on leave -
of- absence shall be responsible for reimbursing any agency for
any payroll deductions that the employee has authorized. An
employee reinstated after a leave -of- absence shall receive the
same step in the salary range the employee received when.the
leave -of- absence began. Time spent on such leave shall not
count towards service for increases within the salary range or
benefit accruals. The employee's anniversary shall be set
forward in time one -half H) month for each fifteen (15) consecutive
calendar days taken. The employee shall retain accumulated
vacation credits, sick leave credits, seniority ranking, and
other similar credits; however, such credits shall not accrue
to a person granted such leave during the period of absence.
Section 13.4. Military Duty: Military leave -of- absence
shall be granted in accordance with the provisions of State law.
All employees entitled to military leave shall give the department
head an opportunity, within the limits of military regulations, to
determine when such leave shall be taken. An employee fulfill-
ing annual training duty requirements shall receive compensation
for the difference between their current City salary and any mili-
tary pay received, except mileage or subsistence allowances.
Compensation for such purposes shall not exceed thirty (30)
.calendar days in any one fiscal year.
Section 13.5. Vacation Leave: Each full -time permanent and
probationary employee shall accrue vacation leave with pay as
follows:
1. The first through tenth years of service the vacation
leave shall be ten (10) working days per year.
2. Commencing with the eleventh year of service with the
City, the vacation leave shall include one additional
day per year for each additional year of service to a
maximum of fifteen (15) days per year.
After the conclusion of the original probationary period,
vacation leave shall be accrued monthly on a pro -rata basis.
Permanent part -time employees shall accrue similar vacation
leave benefits at a ratio determined by the actual number of
hours worked with two thousand and eighty (2,080) hours equivalent
to one (f) year of service. Temporary employees shall not accrue
vacation leave.
l
Vacation time accrues from the date of hire consistent with
the above schedule. Vacation leave may be taken as it accrues
except that employees serving an original probationary period in
the competitive service of the City may not take such leave until
the probation period is completed. Earlier use of accrued
vacation may be authorized by the department head with the con-
currence of the City Manager. The dates of vacation leave may be
selected by the employee but shall be approved by the department
head who shall consider the wishes of the employee and the needs
of the City. In the event that one or more municipal holidays
fall within a vacation leave, such holiday shall not be charged
as vacation leave. Employees who terminate shall be paid for
accrued vacation leave based upon their current rate of pay.
The estate of a deceased employee shall be paid the amount of
that person's accrued vacation leave. An employee may not
accrue more than fifteen (15) days of vacation beyond
December 31 of each year. If an employee has accrued vacation
time beyond the maximum as of December 31 under any circumstances
other than the City's restrictions due to service demands, the
amount of time in excess of the maximum shall be automatically
forfeited unless an extension in writing is authorized by the
City Manager prior to December 31. It is the responsibility of
the employee to not permit the accrual to exceed the maximum.
The loss of vacation accrual shall not occur if vacation leave
has been delayed by the City due to unusual or emergency conditions
as authorized by the City Manager. Under such conditions, the City
Manager may, as authorized by the City Council, pay the employee the
cash equivalent for all or part of the vacation in excess of the
maximum accrual.
Section 13.6. Holidays: Holidays shall be observed
during the calendar year according to the dates as established
by City Council resolution. When a holidays falls on
Saturday, the preceding Friday shall be observed, and when a
holiday falls on a Sunday, the following Monday shall be observed.
Permanent part -time employees shall be paid for holidays based
upon the ratio of the number of hours regularly scheduled for the
work week, based upon the full -time equivalent for that position.
Notwithstanding the foregoing provisions of this section,
the City Manager shall be authorized, by administrative regulation
or otherwise, to direct that all or a portion of the public offices
of the City shall remain open for business, on a full or reduced
staff basis, on any holidays when he /she determines it to be
necessary in the public interest to do so.
17-
Section 13.7. Jury Duty: In the event a permanent
full -time employee is required to serve as a trial juror, the
employee shall be allowed to be absent from duties with the
City during the period of such service. An employee is
required to complete his /her regularly scheduled work week
hours in combined service to the City and /or court unless other-
wise excused by the City Manager. An employee who is released
by the court from jury service on any regularly scheduled work
day shall return to his /her duties with the City to complete
any remaining portion of regularly scheduled work hours unless
otherwise excused by the City Manager.
The employee shall receive regular compensation in an
amount established by City Council resolution, except
mileage allowance, for any regularly scheduled work hours spent
in the actual performance of jury service and actual travel time
to and from the City and the court, provided the fees, except
mileage and subsistence allowances, which the employee received
as a juror are remitted to the City. Juror service time performed
during day(s) an employee is not regularly scheduled to work
shall not be compensated by the City nor shall be considered hours
of employment. The employee shall retain as compensation from
the court all fees, mileage and subsistence allowances which the
employee received for the juror service time performed during
day(s) an employee is not regularly scheduled to work.
The employee shall prepare and submit to the City Manager
a weekly statement of actual jury service plus the actual travel
time to and from the City and the court. The employee shall
give the City prompt notice of the employee's required jury service.
This section does not include service on the Grand Jury
of any County or any jury of inquest.
Section 13.8. Bereavement Leave: An employee may be granted
paid leave of absence not to exceed three (3) working days whenever
a death occurs in the employee's immediate family. Any absence
in excess of this amount shall require the approval of the City
Manager and is chargeable to accrued sick leave or vacation time
in that order. Immediate family shall include the father, mother,
stepparent, mother -in -law, father -in -law, sister, brother, spouse,
child, stepchild, or other individual whose relationship to the
employee is that of a dependent living in the same household. The
employee shall give the City prompt notice of the employee's
intended use of bereavement leave.
Section 13.9. Maternity Leave: A female employee may take
a leave on account of pregnancy for a reasonable period of time, not
to exceed four (4) calendar months. Such employee shall be entitled to
utilize any accrued vacation leave during this period of time.
Unless vacation leave is utilized, the maternity leave shall be
without pay. "Reasonable period of time" means that period during
which the employee is disabled on account of pregnancy, childbirth,
or related medical conditions. Adoptions do not qualify for mater-
nity leave.
Any employee who plans to take maternity leave pursuant to
this Section shall give her department head'not less than five (5)
working days notice of the date such leave shall commence and the
scheduled date of return. The maternity leave may be extended, to
a maximum of four (4) calendar months, upon written notice from the
employee, received by the department head at least ten (10) working
days prior to the scheduled date of return.
If the employee fails to return to work on the aforementioned
scheduled date, the City shall send the employee due notice to
return to work within twenty -four (24) hours after said notice has
been delivered. An employee failing to return to duty within the
aforementioned twenty -four (24) hour period shall be deemed to have
resigned her employment with the City. A certified letter delivered
by U. S. Mail to the employee's last known address shall be reason-
able notice.
An employee on maternity leave without pay shall receive no
compensation and shall accrue no vacation benefits or sick leave.
City contributions to retirement, health and medical plans for such
an employee shall be suspended until the employee returns to work.
Such employee shall be responsible for reimbursing the City for
any payroll deductions that the employee has authorized. Such
employee shall retain the vacation credits, sick leave credits,
seniority ranking and other similar credits accumulated prior to
the commencement of the maternity leave without pay.
An employee who returns to work after a maternity leave with-
out pay shall receive the same step in the salary range she received
when such leave began. The period of maternity leave without pay
shall not count towards service for increases within the salary
range or benefit accruals. The anniversary of an employee on mater-
nity leave without pay will be set forward in time one -half month
for each fifteen (15) consecutive calendar days of such leave.
-49-
Section 13.10. Sick Leave: Sick leave shall not be con-
sidered as a privilege which an employee may use at his /her dis-
cretion, nor shall it be permitted to be used for organizational
disruption during a labor dispute, but rather it shall be allowed
only for the following reasons:
1. Illness pr physical incapacity of the employee due to
non -work related illness, injury or temporary disability;
provided that sick leave for temporary disability of a
female employee due to pregnancy, childbirth or related
medical conditions shall not exceed six (6) weeks.
2. Enforced quarantine of the employee in accordance with
community health regulations.
3. Care of imirtediate family, as defined in Section 13.8.
4. For job - related injury or ilness pursuant to the pro-
visions of Rule 14.0.
Each full -time permanent and probationary employee shall
accrue sick leave at the rate of ten (10) days per year. Permanent
part -time employees accrue sick leave at a ratio determined by the
actual number of hours worked. Unused sick leave may be accumulated
.� to a maximum of one thousand and forty (1,040) hours. Accrued
sick leave has no monetary value.
In order to receive compensation while absent on sick
leave, the employee shall notify his /her immediate superior
or the department head of his /her illness and location prior to,
or within four (4) hours after the time set for beginning his /her
daily duties or as may be specified by the department head. The
City Manager may require an employee to submit a physician's
written certification stating the nature and cause of an absence
when the employee has been absent on sick leave for more than
three (3) consecutive regular work shifts. When in the judgement
of the City Manager the employee's reasons for being absent
because of alleged sickness are inadequate, a finding shall be
made that the employee has abused sick leave privileges and the
absence shall be counted as absence without leave.
An employee who becomes ill while on vacation may have such
period of illness charged to the employee's accumulated sick
leave instead of vacation. The employee must immediately upon
returning to work submit a written request to the department
head for sick leave and a written statement from a physician
stating the nature and cause and dates of the illness. Such
request must be approved by the department head and the City
Manager.
- -,)0 --
An employee shall have one day deducted from his /her accrued
sick leave time for each regularly scheduled working day that
the employee is on paid sick leave. In the event that an
employee becomes ill during working hours and is placed on paid
sick leave prior to the close of the work day, such paid sick
leave shall be calculated to the nearest half -hour.
Observed holidays occuring during sick leave shall not
be charged against an employee's accrued sick leave except that
an employee entitled to holiday pay under provisions of these
Rules who is absent from work the day preceeding or succeeding
an observed holiday without prior written authorization from
the appointing authority shall not be allowed the use of accumu-
lated sick leave for such absence. The City Manager may waive
this provision if written documentation is provided conerning
the nature of the illness resulting in the absence.
An employee may be required to take physical examinations
at periodic intervals while on sick leave from a physician
designated and paid for by the City.
In the event that an employee uses all the sick leave he /she
has accrued, he /she then shall have the vacation days he /she has
accrued deducted for each day he /she is absent due to illness.
Vacation days shall continue to be deducted until the employee
either returns to work or all of accrued vacation days are used.
The employee may apply to receive a leave -of- absence without
pay if the employee does not have any accrued vacation or
sick days.
=e
J
RULE 14. WORKER'S COMPENSATION
Section 14.1. Injuries on the Job: All employees of the
City of Moorpark shall be governed by the laws of the State of
California relating to Worker's Compensation or as broadened by
this section. All injuries sustained in the course of employment
shall be reported at once to the appropriate supervisor. The
supervisor must immediately notify the department head and file
a written accident report with the City Manager. The injured
employee must file a claimant's report of injury with the City
Manager. All accidents or injuries, no matter how small, must
be reported on the prescribed forms within twenty -four (24) hours
of the incident.
Section 14.2. Choice of Physicians: Injured employees
have the choice of going to the City's designated physician or to
a physician of the employee's choice. The City shall retain
medical control for the first 30 days after an injury unless the
injured employee has notified the City prior to the injury of his
choice of physician. An attending physician who accepts the
Worker's Compensation referral has the responsibility by law to
submit to the City of Moorpark a Doctor's First Report of Injury
and is obligated to accept payment for services rendered for
various procedures by a fee schedule established by the State
of California. Employees who visit the physician of their elected
choice must notify the City of Moorpark of the doctor's name,
address and nature of the injury.
Section 14.3. Authorized Absence: Whenever a permanent
or probationary full -time employee of the City is disabled by
an injury or illness arising out of, and in the course of his /her
duties, the City shall continue full salary for a period of
five (5) working days or until the employee is eligible for
temporary disability benefits under State Worker's Compensation
laws, whichever occurs first. At that time, the employee may
use accumulated sick leave in combination with temporary disability
benefits to provide continuation of the employee's regular
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monthly base salary for a period not to exceed a total of
three (3) months from the date of the occurrence of the job -
related injury or illness or until the employee is competent to
return to work, either on a permanent duty or light duty status,
or retire on a permanent disability, whichever occurs first. At
the conclusion of the above described three (3) month period, or
if accumulated sick leave is sooner exhausted, an employee dis-
abled under the provisons of this section may no longer use
accumulated sick leave for the purpose of supplementing worker's
compensation temporary disability payments, but may elect to use
accumulated days of vacation and /or accrued compensatory time off
to continue his /her regular monthly salary when combining with the
disability payments. If the disability period extends beyond the
use of the accumulated vacation and compensatory time off, the
employee shall be placed only under provisions of worker's com-
pensation payments. The use of any portion of accumulated leave
must be requested in writing by the employee prior to its use.
It is strictly prohibited to combine sick leave, vacation leave,
and /or worker's compensation benefits in any manner which would
exceed the employee's monthly salary. A written report shall be
furnished by the department head to the City Manager during each
thirty (30) day period, setting forth the physical condition of
the injured employee and his recovery progress.
Permanent part -time employees are eligible for the same
use of accumulated leave during periods of job - related disability
at a ratio of hours regularly scheduled for their respective
work week and the full -time equivalent for that position.
Any employee bringing an action against a third party to
recover for injuries or disabilities for which the City has
made payments of salary or compensation, shall forthwith give
the City written notice of such action and thereafter the City
shall be entitled to reimbursement out of any recovery made
by the employee in such action for amounts paid for salary or
compensation and fringe benefits during the period of disability.
Upon making of restitution, such sick leave, vacation leave
and compensatory time off used by employee during the disability
shall be restored to the employee's account.
Section 14.4. Disability Evaluation: Whenever an employee
has been given a permanent stationary rating by the Permanent
Disability Rating Bureau of Workmen's Compensation Appeal Board
of the State of California, return to the job must be based on
the same medical information which the employee used in order to
obtain the award. Subsequent injuries or aggrevations of the
of the original injury could occur unless all the medical facts
regarding the case are carefully evaluated. An employee may
return to duties that can be performed safely without un -due
risk of further injury or harm to other employees. Should an
-r-)3-
employee be unable or unwilling to accept some other position
which he /she is physically or otherwise qualified to perform,
the employee may be terminated. The medical information
presented to the Workmen's Compensation Appeal Board by the
employee and his /her doctor shall be obtained, utilized and
interpreted in terms of specific job restrictions and limitations.
The department head shall then interpret and apply such job
restrictions and limitations to the specific physical require-
ments of the employee's position and make a recommendation to
the City Manager.
Section 14.5. Determination on Employment: Subject
to medical consultations, a final determination shall be made
by the City Manager as to whether or not the employee shall:
1. Return to work.
2. Transfer to another position based on the qualifications
of experience, education and physical ability.
3. Terminate employment with the City.
Section 14.6. Accrual of Leave Benefits: Any permanent
employee shall continue to accrue vacation, holidays and sick
leave and to earn eligibility for consideration for merit
salary increases during an absence resulting from an on- the -job
injury, providing he /she receives compensation payments under
the provisions of the California Worker's Compensation Law.
A probationary employee shall be entitled to the same benefits
as a permanent employee except he /she shall not continue to earn
eligibility for consideration towards completion of the probationary
period.
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RULE 15. GRIEVANCE PROCEDURE
Section 15.1. Matters Subject to Grievance Procedures.
Any alleged violation(s) of the Personnel Rules or performance
evaluation except personnel suspension, restitution,
reduction in salary, demotion or dismissal, an alleged infringement
of an employee's personal rights, such as discrimination, harassment,
or the alleged capricious use of supervisory or management authority,
or alleged violation of commonly accepted safety practices and
procedures, shall be considered to be a matter subject to review
through the grievance procedure. Also excluded are determination
of contents of jobclassifications and procedures and standards of
selection for employment and promotion, budgetary items, standards
of service, the mission of departments, and all other matters of
general legislative and managerial policy.
Section 15.2. Informal Grievance Procedure. Every effort
shall be made to resolve a_ grievance through discussion between the
employee and the employee's immediate supervisor. If, after such
discussion, the employee does not feel that the grievance has been
satisfactorily resolved, the employee shall have the right to
discuss the matter with the supervisor's superior, if any, within
"1 the department organization. Otherwise, the employee shall have
the right to discuss the matter with the department head.
Secion 15.3. Formal Grievance Procedure. If the employee
is not in agreement with the decision rendered in the informal
grievance procedure, an employee shall have the right to present a
formal grievance in writing to the department head within five (5)
working days after the occurrence of the incident in the grievance.
The department head shall review the grievance and render a decision
in writing and return it to the employee and /or the employee's
designated representative within five (5) working days after meeting
with the employee.
Section 15.4. Appeal to the City Manager. If the employee
does not agree with the decision reached by the department head, the
employee may present an appeal in writing to the City Manager within
five (5) working days after the employee's receipt of the department
head's decision. The appeal shall be signed and delivered to the City
Manager, who shall set a meeting with the employee and /or the
employee's representative to discuss the grievance within ten (10)
working days. Within seven (7) working days the City Manager shall
render a formal decision in writing. The City Manager shall deliver
a copy of the decision to the employee and /or the employee's
representative and the department heed. The decision of the City
Manager shall be final.
- r. 5-
Section 15.5. Requirement to Appoint Hearing Officer:
If the grievance is against the City Manager, the appeal shall be
heard and decided by the City Council. At the first meeting of the
City Council held after the written appeal is received in accordance
with Section 15.4, the City Manager shall inform the City Council of
the appeal. The appeal shall be conducted in accordance with
Sections 15.4 and 15.6, except that the meeting between the City
Council and the employee shall be held within fifteen (15) working
days after the City Council is informed of the appeal.
Section 15.6.
Conduct of Grievance Procedure.
1. The time limit specified above may be extended to a definite
date by mutual written agreement of the employee and the appellate
person or body.
2. The employee may request the assistance of another person
of his /her own choQ.sing in preparing and presenting his /her appeal at
any level of review.
3. The employee and his /her representative may be privileged to
use a reasonable amount of work time, as determined by the City
Manager, in conferring about and presenting the appeal of any grievance
matter to the City Manager.
4. Failure of the employee to take further action within the
above - described time limits shall constitute withdrawal of the grievance.
5. The employee may be assured freedom from reprisal for using
the grievance procedures.
-56-
RULE 16. EMPLOYEE REPORTS AND RECORDS
Section 16.1. Personnel File. The City Manager shall
maintain a pesonnel file for each employee in the competitive
service of the City. The file shall include the employee's name,
position title, department to which assigned, salary, all informa-
tion used to determine the employee's qualifications for employment,
promotion, additional compensation and disciplinary action and such
other information as may be considered pertinent by the City
Manager. Employees have the right to inspect the contents of
their respective personnel files during a scheduled appointment,
except that the employee shall have no right to inspect letters of
reference or records relating to any investigation of possible
criminal offense by the employee and /or other records exempted by
the California Labor Code or applicable court rulings.
Section 16.2. Disclosure of Information. No information
shall be disclosed from the personnel file of a current or former
employee other than the employee's job title, work location, work
phone number, salary verification, and departmental assignment to any
person other than the City Manager, City Attorney or their designated
representatives. An employee or former employee may authorize the
disclosure of information from their file only when written permission
is provided. Nothing herein shall preclude nor specifically deny the
use of any information in personnel files in any phase of a disciplinary
or probationary action.
Section 16.3. Personnel Transactions. Any action concerning
an employee's status of employment shall be processed on forms as
prescribed by the Personnel Director. Each department head shall
complete such forms according to his /her recommendation. Such status
shall become effective on the date specified by the City Manager. All
employees shall be notified in writing of any personnel action taken
during their status of employment.
Section 16.4. Notification of Address /Telephone. Employees
shall notify the Personnel Director of any change of address and /or
telephone number within ten (10) days of such change.
Section 16.5. Resignation: An employee wishing to leave the
competitive service in good standing shall file with the appointing
authority a written resignation stating the effective date and reasons
for leaving at least two weeks before leaving the service, unless such
time limit is waived by the appointing authority. A statement as
to the resigned employee's service performance and other pertinent in-
formation shall be forwarded to the Personnel Director. Failure to
give notice as required by this rule shall be cause for denying future
employment by the City.
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BE IT FURTHER RESOLVED, that this resolution shall
become operative and be in full force and effect on and after
the 1st day of May , 1985.
PASSED, APPROVED AND ADOPTED this, 29th day of
April , 1985.
ATTEST:
eal", 9 �'
City Clerk
-58-
ayor of the C ty of Moorpark,
California
INDEX OF PERSONNEL RULES
RULE
1.
DEFINITION OF TERMS . . . . . . . . . . . . . . .
. . 1
RULE
2.
GENERAL PRDVISIONS . . . . . . . . . . . . . . .
. . 9
RULE
3.
CLASSIFICATION . . . . . . . . . . . . . . . . .
. 15
RULE
4.
COMPENSATION . . . . . . . . . . . . . . . . . .
. 16
RULE
5.
APPLICATIONS AND APPLICAN'T'S . . . . . . . . . . .
. 23
RULE
6.
EXAMINATIONS . . . . . . . . . . . . . . . . . .
. 25
RULE
7.
EMPLOYMENT LISTS AND APPOINTMENTS . . . . . . . .
. 26
RULE
8.
PROBATIONARY PERIOD . . . . . . . . . . . . . . .
. 30
RULE
9.
EMPLOYEE PERFORMANCE EVALUATION . . . . . . . . .
. 32
RULE
10.
EMPLOYEE LAYOFF POLICY AND PROCEDURES . . . . . .
• 32
RULE
11.
TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND
REINSTATEMENT . . . . . . . . . . . . . . . . . .
. 35
RULE
12.
PRE- DISCIPL=, DISCIPLINE AND APPEALS
PROCEDURES . . . . . . . . . . . . . . . . . . .
. 36
RULE
13.
ATTENDANCE AND LEAVES . . . . . . . . . . . . . .
. 45
RULE
14.
WORKER'S COMPENSATION . . . . . . . . . . . . . .
. 52
RULE
15.
GRIEVANCE PROCEDURES . . . . . . . . . . . . . .
. 55
RULE
16.
EMPLOYEE REPOR'T'S AND RECORDS . . . . . . . . . .
. 57
1
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, DORIS D. BANKUS , City Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Resolution No. 85 -185 was adopted by the'City Council of the
City of Moorpark at an adjourned regular meeting thereof held
on the 29t-h day of April , 19 85 and that
the same was adopted by the following roll call vote:
AYES: Councilmembers Yancy- Sutton, Weak, Ferguson,
Woolard and Mayor Prieto;
NOES: None;
ABSENT: None.
WITNESS my hand and the official seal of said City this
29th day of April 19 85
City Cle