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HomeMy WebLinkAboutResolution No. 4528RESOLUTION NO. 4528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THOSE CERTAIN DOCUMENTS IN THE CITY OF DOWNEY PERSONNEL MANUAL ENTITLED SUPPLEMENTAL EMPLOYEE RELATIONS RULES AND REGULATIONS, PERSONNEL MANAGEMENT RULES AND REGULATIONS, AND COMPENSATION PROGRAM WHEREAS, the Personnel Advisory Board has unanimously recommended approval of proposed amendments to the Supplemental Employee Relations Rules and Regulations, the Personnel Management Personnel Rules and Regulations, and the Compensation Program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. That certain document entitled Supplemental Employee Relations Rules and Regulations is hereby amended by the deletion of Section 11, Rule 9, entitled Grievance Procedures. SECTION 2. That certain document entitled Personnel Management Rules and Regulations is hereby amended as constituted in Exhibit A attached hereto and by this reference incorporated as part of this resolution. SECTION 3. That certain document entitled Compensation Program is hereby amended as constituted in Exhibit B attached hereto and by this reference incorporated as part of this resolution. SECTION 4. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 13th day of February, 1985 ATTEST: City Clerk yor Randal i HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 13th day of February, 1985, by the following vote, to wit: AYES: 4 council Members: Santangelo, Boggs, Cormack, Barb NOES: 0 Council Members: None ABSENT: 1 Council Members: Davila ( R. Barb RESOLUTION NO. 4528 Exhibit A PERSONNEL DANMENE ITT - RULES AND REGULATIONS ARTICLE I - APPLICATIONS AND APPLICANTS SECTION 1. Announcements. All examinations for openings in the classified service shall be published by posting announcements in the City Hall, on official bulletin boards and in such places as the Personnel Officer deems advisable. The announcements shall specify the title and pay range of the class for which the examination is announced; the nature of the work to be performed; the objectives the positions are expected to accomplish; qualifications desirable for the performance of the work of the class; the dates, time, place and manner of making application; and other pertinent information. SECTION 2. Application Forms. Applications shall be made on forms provided by the Personnel Officer. Such forms shall require information covering training, experience, health and other pertinent information, and may include certificates of one or more examining physicians, references and fingerprinting of prospective employees. All applications must be signed and dated by the person applying and will become property of the City. SECTION 3. Disqualification. The Personnel Officer shall reject any application which indicates that the applicant does not possess the minimum qualifications required for the position. Applications also shall be rejected if the applicant is physically unfit for the performance of duties of the position to which he seeks appointment; is addicted to the habitual use of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has been convicted of a felony within ten years prior to the date of application; has made any false statements of any material fact, or practiced, or attempted to practice, any deception or fraud in his application. SECTION 4. Disclosure of Religious or Political Affiliations. No question in any text, in any application form, or in any other personnel proceedings, or of any appointing authority, shall be so framed as to attempt to elicit information concerning political or religious opinions or affiliations of an applicant, eligible or employee. No appointment to or removal from a position in the classified service shall be affected or influenced in any manner by race or any political or religious opinion or affiliation. ARTICLE II - EXAMINATIONS SECTION 1. General Nature and Types of Examinations. A. The selection techniques used in the examination process shall be impartial and of a practical nature and shall relate to those subjects which, in the opinion of the Personnel Officer, with the advice of the operating department heads concerned, fairly measure the relative capacities -1- of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. B. Examinations shall consist of such recognized personnel selection techniques as achievement tests, aptitude tests, performance tests, physical agility tests, evaluation of personality and background through personal interviews, evaluation of daily work performance, work samples, or any combination of them. SECTION 2. Subjects and Methods of Examinations. Examinations may be formal, informal, written, oral, practical demonstration, or any combination thereof, or any other form which will test fairly the qualifications of applicants and shall consist of one or more of the following parts: a. Specialty. This part shall constitute that portion of the examination which deals with the duties of a position, and must be designed to test the ability of an individual to perform said duties and objectives. b. Educational. This part may consist of penmanship, spelling, composition, civics, city information, or any or all of these, as well as other subjects to test the basic training which would logically form the groundwork for performing the duties of the position and advancement in the service. c. Training and Experience. A resume shall consist of a statement of schooling and studies, experience, all past activities that would tend to fit candidates for the positions they seek and names of former employers, nature of work and references. A record, based on references, investigation and character of past employment may be included as a part of this statement. d. Physical or Medical. A physical or medical examination and psychiatric examination may be required of any applicant and must be giver. when so stated in the classification schedule. e. Personal Interview. The applicant may be questioned as to the duties of the position, training and experience, nature of work performed, and other reasonable questions to determine his fitness for the position. Personality and appearance may be counted as factors in an examination. SECTION 3. Conduct of Examination. The Personnel Officer shall be responsible for the conduct of examinations. SECTION 4. Scoring Examinations and Qualifying Scores. In all examinations, the minimum score or standing for which eligibility may be earned shall be based on all factors in the examination, including educational requirements, experience and other qualifying elements as shown in the application of the candidate or other verified information. SECTION 5. Notification of Examination Results and Review of Papers. Each applicant taking an examination shall be given written notice of his final earned score, and, if successful, of his rank on the eligible list. Any applicant shall have the right to inspect his own examination paper. Any error in scoring, if called to the attention of the Personnel -2- Officer within one month after posting the employment list resulting from the examination, shall be corrected. Such corrections shall not, however, invalidate appointments previously made. SECTION 6. Promotional Examinations. a. If, in the opinion of the appointing power, and with the concurrence of the Personnel Officer, a vacancy could be filled better by an open, competitive examination instead of a closed promotional examination, then the appointing power may instruct the Personnel Officer to call for applications for the vacancy and arrange for an open, competitive examination and for the preparation and certification of an eligible list. b. Promotional examinations may include evaluation of prior city service accomplishments in special training courses, as well as tests mentioned in Section 1 and 2 of this rule. All candidates for promotion must be permanent employees in the classified service and must possess the minimum qualifications as set forth in the specifications of the class to which promotion is sought. c. Due consideration shall be given to all candidates for any additional duties performed outside of their class specifications in fulfilling the minimum qualifications, if such duties are performed by due authorization of the department head concerned, and if so, recommended by him to the Personnel Officer. ARTICLE III - ELIGIBLE LISTS SECTION 1. Eligible Lists. As soon as possible after the completion of an examination, the Personnel Officer shall prepare and keep available an eligible list consisting of the names of applicants who qualified in the examination, arranged in order of final scores from the highest to the lowest qualifying score. The final score shall be determined by the total of the scores received by each applicant for each part of the test, based upon the relative value assigned to each part of the examination before the examination is given. Whenever identical ratings are received, names shall be arranged in order of the application date, except that a permanent employee of the City shall receive preference. SECTION 2. Duration of Eligible Lists. Eligible and promotional lists shall become effective upon the approval thereof by the Personnel Officer and upon his certification that the list represents the relative ratings of the persons whose names appear on it. Eligible lists shall remain in effect for one year and may be extended for additional six -month periods, but in no event shall an eligible or promotional list remain in effect for more than two years. SECTION 3. Re- employment Lists. a. The names of probationary and permanent employees who have been laid off shall be placed on appropriate re- employment lists in order of their competency, from highest to lowest. Such names shall remain thereon for a -3- period of one year unless such persons are re- employed by the City prior to that time. b. When a re- employment list is to be used to fill vacancies, the Personnel Officer shall certify the number of names equal to the number of vacancies to be filled, and the appointing power shall appoint such persons to fill the vacancies from the top of such list. SECTION 4. Request for Certification for Saecific Position. Any person on an eligible, re- employment or promotional list shall be given the privilege of submitting a written request to the Personnel Officer for certification for specific openings. Such persons shall not be certified until the vacancy in the requested position shall occur. SECTION 5. Removal of Names from Lists. The name of any person appearing on an eligible, re- employment or promotional list shall be removed by the Personnel Officer if the eligible requests in writing that his name be removed, if he fails to respond to a notice of certification mailed to his last known address, or if he had been certified for appointment three times and rejected on each occasion. The person affected shall be notified of the removal of his name by a notice mailed to his last known address. The names of persons on promotional employment lists who resign from the service shall automatically be dropped from such lists. ARTICLE IV - METHOD OF FILLING VACANCIES SECTION 1. Types of Appointment. All vacancies in the classified service shall be filled by re- employment, transfer, demotion or from eligibles certified by the Personnel Officer from an appropriate eligible or promotional list. In the absence of persons eligible for appointment in these ways, temporary appointments may be permitted in accordance with the personnel ordinance and these rules. SECTION 2. Notice to Personnel Officer. Whenever a vacancy in the classified service is to be filled, the appointing power shall notify the Personnel Officer. The Personnel Officer shall advise the appointing power as to the availability of employees for re- employment, requests for transfer or demotion and of eligibles on employment or promotional lists for the class. SECTION 3. Certification of Eligibles. The appointing power shall indicate whether it is desired to fill the vacancy by re- employment, transfer or demotion or whether certification from a promotional or eligible list is preferred. If appointment is to be made from an eligible or promotional list, the names of all persons willing to accept appointment shall be certified in the order in which they appear on the list. SECTION 4. Order of Certification. Whenever certification is to be made, eligible lists shall be used in the following order: re- employment list, promotional list, open- competitive list. Whenever there are fewer than three names on a promotional list or an open - competitive list, the appointing power may make an appointment from such eligibles or may request the Personnel Officer to establish a new list. The Personnel Officer shall hold a new examination and establish a new eligible list when so requested. -4- SECTION 5. Appointment. After interview and investigation, the appointing power shall make appointments from among those certified and shall immediately notify the Personnel Officer of the person or persons appointed. The Personnel Officer shall thereupon notify the person appointed, and if the applicant accepts the appointment and presents himself for duty within such period of time as the appointing power shall prescribe, he shall be deemed to be appointed; otherwise, he shall be deemed to have declined the appointment. SECTION 6. Temporary Appointments. In the absence of appropriate eligible lists, a temporary appointment may be made by the appointing power of a person meeting the minimum qualifications for the position. An eligible list shall be established within six months for any permanent position filled by temporary appointment. The Board may, by a majority vote, extend the period for any temporary appointment for not more than sixty days by any one action. No credit shall be allowed for time of service for meeting any qualifications, or in the giving of any test, or the establishment of any employment or promotional lists for service rendered under a temporary appointment. SECTION 7. Emergency Appointments. To meet the immediate requirements of an emergency condition, the City Manager or any persons so designated by the City Manager may employ such persons as may be needed for the duration of the emergency without regard to the personnel ordinance or rules affecting appointments. As soon as possible, such employment shall be reported to the Personnel Officer. Emergency is defined as including the following contingencies which may, after justification by the department head and approval of the City Manager, be compensated as indicated below or as directed by the City Manager. a. When an employee resigns, a subordinate employee required to perform on a short term or temporary basis in the level of the superior position may be paid one schedule above his regular rate for the period of such assignment. b. When an employee is repeatedly absent for periods totaling 30% or more of the working days in any calendar quarter due to illness or other unscheduled absence, a subordinate designated by the department head to perform on a short term or temporary basis on the level of the superior position shall be paid one schedule above his normal rate for the period of such service. This section shall not be construed to pay for vacation periods and shall terminate at the end of the first payroll period in which the subordinate does not substitute for 30% of the working days. Holidays shall not be included as working days for purposes of this section. (Res. No. 3362, adopted 12/14/76) c. When an employee has been approved for disability retirement his position may be filled prior to actual retirement, if adequate salary savings are anticipated to cover the replacement. (Res. No. 3363, adopted 12/14/76) -5- ARTICLE V - LOYALTY SECTION 1. Oath or Affirmation of Allegiance for Civil Defense Workers and Public Employees. All employees of the City of Downey shall subscribe to the following oath or afirmation of allegiance: I, , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestics; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Signature Job Classification Department The above oath was taken and subscribed to before me this day of , 19 Deputy ARTICLE VI - REPORTS AND RECORDS SECTION 1. Service Records. The Personnel Officer shall cause to be maintained a service record fcr each employee in the service of the City showing the name, title of pos&tion held, the department to whicn assigned, salary, changes in employment status, and such other information as may be considered pertinent. SECTION 2. Change -of- Status Report. Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported to the Personnel Officer in such manner as may be prescribed by these rules and administrative regulations establishing procedures in conformance with these rules. -6- SECTION 3. Destruction of Records. Payroll records shall be kept permanently. The retention period for all other records related to personnel shall be specified by the City Manager. SECTION 4. Change of Address. Employees shall immediately notify the Personnel Officer in writing of any change of address. ARTICLE VII - TRAINING OF EMPLOYEES SECTION 1. Responsibility for Training. Responsibility for developing training programs for employees shall be assumed by the Personnel Officer and department heads. Such training programs may include lecture courses, demonstrations, assignments of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties. SECTION 2. Tuition Reimbursement. Deleted by Resolution No. (Refer to applicable employee group M.O.0 in Part XI through Part XV. SECTION 3. Education Incentive Pay. Deleted by Resolution No. (Refer to applicable employee group M.O.U. in Part XI through Part XV. SECTION 4. Credit for Training. Participation in and successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Personnel Officer. ARTICLE VIII - PROBATIONARY PERIOD SECTION 1. Objective of Probationary Period. The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position and for rejecting the probationary employee whose performance does not meet the required standards of work. SECTION 2. Regular Appointment Following Probationary Period. Deleted by Resolution No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 3. Rejection of Probationer. During the probationary period, an employee may be rejected at any time by the appointing power without cause and without the right of appeal. SECTION 4. Rejection Following Promotion. Deleted by Resolution No. (Refer to applicable employee group M.O.U. in Part XI through Part XV. -7- ARTICLE IX - ATTENDANCE AND LEAVES SECTION 1. Attendance. 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 Personnel Officer in the form and on the dates he shall specify. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be cause for immediate discharge, and such employee automatically waives all rights under the personnel ordinance and rules. Such notice shall be sufficient for the purpose of this section if given in writing and delivered in person or mailed to the employee's address as shown in the records of the City. SECTION 2. Hours of Work. All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays and holidays continuously from 8:00 a.m. until 5:00 p.m. Employees who are required to work a different schedule shall work according to regulations prepared by the respective department head and approved by the City Manager. SECTION 3. Rest Periods. The City Manager may authorize department heads to permit their employees to take brief rest periods during any working day at such times and of such duration as will in his judgement result in an increase in their work output and thus promote efficiency. No such rest period shall be taken during the first or last hour of any employee's working period. The taking of rest periods is hereby declared to be a matter of privilege and not of right. Any rest period not taken at the time permitted shall be deemed waived and shall not be accumulated or carried over from one work period to any subsequent work period, or compensated for in any form. SECTION 4. Additional Employment. Employees are prohibited from engaging in regular employment or in a gainful occupation in addition to their City employment provided, however, an employee may be authorized to accept additional employment by the Personnel Officer with the approval of the department head upon the written request of the employee, when in the opinion of the department head and Personnel Officer such additional employment will not be detrimental to the good of the City, or constitute a conflict of interest. SECTION 5. Holidays. a. Municipal offices shall be closed on the following days which have been designated as legal holidays for all probationary and permanent employees in the City: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving Day, the day before Christmas, Christmas Day. When a holiday falls on a Sunday, the following Monday shall be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Unless the following holidays as proclaimed in Section 6702 of the Government Code of the State of California fall upon a Saturday or Sunday, the public offices of the City shall not be closed on September 9, known as Admission Day, October 12, known as Columbus Day, or the days upon which an election is held throughout the state. -8- b. All employees, probationary and permanent, other than Police and Fire personnel, required to work on designated holidays, may be compensated at the rate of one days's additional salary for each additional day of service or given compensatory time off, as determined by the department head and approved by the City Manager. c. All Police and Fire personnel, in lieu of holidays, shall be given days off each year equal in number to the holidays received during such year by other City employees; except that sworn Police personnel shall be paid in overtime at one and one -half times base pay or by compensatory time at the discretion of the City Manager for the holidays set forth in Section 5 (a). (Amended by Res. No. 3341, adopted 10/12/76) holidays. d. The City Council, within its discretion, may also allow other SECTION 6. Leave of Absence. The City Manager may grant a permanent employee a leave of absence for a specific purpose without pay for a period not to exceed one year. The City Council may grant a permanent employee leave of absence for a specific purpose with pay not to exceed one year. No such leave shall be granted except upon written request of the employee. Approval shall be in writing and a copy filed with the Personnel Officer. Upon expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. An employee shall report promptly upon the expiration of any leave granted. Failure to report within a 24 -hour period after expiration of the leave shall be cause for discharge. (Amended by Res. 2961, adopted 6/10/74) SECTION 7. Annual Vacation Leave. a. Purpose. The purpose of annual vacation leave is to enable each eligible employee annually to return to his work mentally refreshed. b. Restriction. All employees in the classified service shall be entitled to annual vacation with pay except the following: 1. All employees who have served less than six months service; however, vacation credits for the time shall be granted to each such employee who later receives a permanent appointment. 2. All hourly employees. c. Computation. Deleted per Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 8. Sick Leave. a. Sick leave with pay shall be allowed to full -time probationary and permanent employees at the rate of one work day per month of service. Sick leave shall not be considered as a privilege which an employee may use at his discretion, but sick leave shall be allowed only in case of necessity and actual sickness or disability. Unused sick leave shall be accumulated at a rate of twelve work days per year without limitation as to the total number of days accumulated. -9- b. Deleted by Res. No. M.O.U. in Part XI through Part XV.) c. Deleted by Res. No. M.O.U. in Part XI through Part XV.) SECTION 11. Worker's Compensation. (Refer to applicable employee group (Refer to applicable employee group d. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through (Part XV.) SECTION 9. Emergency Leave. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 10. Personal Leave. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) a. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) b. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) c. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) 1. Any employee who is absent from work by reason of an injury or illness covered by Workman's Compensation will continue to accrue sick leave and vacation benefits as though he were not on leave of absence; but shall not receive credit for holidays or overtime scheduled while he -is on leave. 2. Whenever such disability of an employee continues for a period beyond one year, the leave of absence shall continue until the expiration of his accrued sick leave, vacation and previously accrued compensating time off for overtime, with compensation at the employee's regular rate of pay. 3. When it appears the employee cannot return to work by the expiration of such allowances, disability retirement shall be requested to become effective at the expiration of these allowances unless the employee applies for or consents to his retirement as of an earlier date, at which time he may be compensated for his accrued benefits, at his regular rate of pay. 4. No employee shall be paid any disability indemnity under Workman's Compensation concurrently with wages or salary payments amounting to more than his regular rate of pay at any time during his leave of absence. SECTION 12. Military Leave. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 13. Jury Duty. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) -10- SECTION 14. Unclassified Employees. All provisions to the contrary notwithstanding all full time employees covered by Section 2704, subsections e, f, and g of the Municipal Code, shall be entitled to all benefits and provisions of Article IX, Attendance and Leaves of that certain document entitled City of Downey Personnel Management Rules and Regulations. SECTION 15. Employee Disability Leave. a. This section establishes a disability leave plan at seventy -five (75) percent of the base salary for full -time employees having more than one year of continuous service with the City. The remainder of this section has been deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 16. D.C.E.A. and Teamsters Local 911 Social Security Disability Equivalent. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 17. Optional Disability Plan. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) ARTICLE X - BENEFITS SECTION 1. Management Benefits. Deleted by Res. No. (Refer to Management Benefits Resolution in Part XVI of the Personnel Manual.) SECTION 2. Employee Medical and Life Insurance Benefits. When any permanent employee or officer is enrolled in a medical and /or life insurance plan approved by the City, the City shall contribute the total sum of the employee's or officer's medical and life insurance premium, and the sum shall be paid by the City to the medical group or company designated by the City. a. Retired employees may participate in the plan by paying their equivalent full premium cost as determined by the Director of Finance and as provided in Section 28. b. Medical Benefit Compensation: Upon retirement of an employee, and at his request, the City shall apply his unused sick leave to pay full premium for his City health insurance coverage on the following basis: 1. 40% of the days accumulated shall be deducted first, starting with the oldest days earned, then the remaining 60% will be applied. 2. The employee may elect to be paid for such remaining 60% accumulated time as follows: (Sec. A2 and 28 added by Res. 3147 adopted 7/14/75 and B amended by Res. 3155 adopted 8/6/75.) (i) time earned prior to June 30, 1974, shall be costed at salary rates in effect on June 30, 1974. (ii) all earned time accumulated in and after July 1, 1974, shall be costed at the rate prevailing at the end of the fiscal year in which it was earned. 3. If the employee dies before using this allowance, the balance shall be paid to his estate. 4. Employees may not elect to take part payment immediately on retirement and apply part to insurance coverage. SECTION 3. Dependent Medical Benefits. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 4. Uniform Replacement. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 5. Sworn Police - Physical Re- examination. a. Sworn Police personnel shall be subject to physical examinations by City- assigned physicians at least once every three years and at such other times as may be directed by the Chief of Police. b. The scope of annual physical re- examinations shall be determined by the assigned physician in attending the individual member - examinee. c. A report of physical re- examination shall be made of each annual examination to the Personnel Officer; the Personnel Officer shall make the results of each examination known to the examinee through his department. ARTICLE XI - CHANGES IN EMPLOYMENT STATUS SECTION 1. Transfer. After notice to the Personnel Officer, an employee may be transferred by the appointing power at any time from one position to another position in the same or comparable class. If the transfer involves a change from the jurisdiction of one supervising official to another, both must consent thereto unless the City Manager orders the transfer for purposes of economy or efficiency. 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 in these rules. No person shall be transferred to a position for which he does not possess the minimum qualifications. SECTION 2. Promotion. Insofar as practicable and consistent with the best interests of the service, all vacancies in the classified service shall be filled by promotion from within the classified service, after a promotional examination has been given and a promotional list established. SECTION 3. Demotion. The appointing power may demote an employee whose ability to perform his required duties fall below standard, or for disciplinary purposes. Upon request of the employee, and with consent of the prospective supervising official, demotion may be made to a vacant position as a substitution for layoff. No employee shall be demoted to a position for which he does not possess the minimum qualifications. Written notice of the -12- demotion shall be given the employee not later than three days after the effective date of the demotion and a copy filed with the Personnel Officer. SECTION 4. Suspension. A department head may suspend a subordinate employee for not more than five working days at any one time. Suspensions shall be reported immediately to the Personnel Officer by the appointing power or department head. SECTION 5. Rehire or Reinstatement. A former employee may request rehire under this Section, within six (6) months following termination in good standing. The City Manager may rehire such applicant as a new employee and may, at his discretion, reinstate any or all benefits accrued at time of termination. No benefits shall be allowed for time not in service. (Resolution No. 2554, effective 6/22/71) SECTION 6. Disciplinary Procedure. Before any permanent employee in the classified service is dismissed, suspended, demoted or reduced in pay, the appointing authority who proposes to administer the disciplinary action shall give notice to the employee of the proposed action and a written copy of the reasons and basis therefor. The employee shall be advised that he has a right to respond either orally or in writing to the appointing authority at the time and place set by the appointing authority. (Resolution No. 3205, effective 11/25/75) ARTICLE XII - SEPARATION FROM THE SERVICE SECTION 1. Discharge. An employee in the classified service may be discharged for cause at any time by the appointing authority after written notification to the employee and Personnel Officer by the appointing authority. CaLse, as referred to herein, shall include among other things: a. Violation of any official regulation or order or failure to obey any proper direction made and given by a superior officer in the course of municipal employment b. Willful neglect of official duty. c. Willful failure or refusal to properly perform the duties assigned. d. Gross carelessness in the discharge of assigned duties. e. Notorious conduct of a disgraceful or scandalous nature. f. Habitual intemperance. g. Malfeasance in office or employment. h. Conviction or forfeiture of bail for any felony or any misdemeanor involving moral turpitude. -13- i. Having one's privilege to operate a motor vehicle on the public highway in the State of California suspended or revoked by the Department of Motor Vehicles for any reason whatsoever. j• One or more days unexcused absence. k. Repeated tardiness. 1. Inability to establish and maintain proper working relationships with fellow officers or employees. m. Reporting for duty, or being on duty under the influence of any intoxicant; or rendering oneself unfit to perform fully one's duties for reasons attributable to, or produced by, indulgence in intoxicants. n. Gambling for money or articles of value during the working day. o. Absence from the job during the working day without permission of such officer's or employee's department head. p. Use of City tools or equipment for private or personal purposes. q. Abuse or gross negligence in the care or operation of City tools or equipment. r. Obtaining sick leave falsely. s. Conduct unbecoming of a public officer or employee. t. Receiving bribes in money or other valuable articles or receiving any personal favor for the performance of a City service. u. Discussion of confidential City business or information with unauthorized persons. v. Refusal to report to an offical call in an emergency. w. Continued and persistent refusal to pay just debts. x. Willfully making any false statements, certificates or reports, or in any manner committing or attempting fraud. y. Violation of departmental rules and regulations duly promulgated. z. Addiction to or use of drugs except as prescribed by a medical doctor. zz. Incompetency or inefficiency in the performance of required duties. -14- SECTION 2. Layoff. The appointing authority may lay off an employee in the classified service because of material change in duties of organization or shortage of work or funds. Ten working days before the effective date of a layoff, the appointing authority shall notify the Personnel Officer of the intended action with reasons therefore, and a statement certifying whether or not the services of the employee have been satisfactory. A copy of such notice shall be given to the employee affected. If certified as having given satisfactory service, the name of the employee laid off shall be placed on the appropriate employment list as provided by these rules. If not certified as having given satisfactory service, the employee laid off may interpret the action as a discharge for cause and request a hearing provided by the personnel ordinance and these rules. SECTION 3. Resignation. An employee wishing to leave the classified service in good standing shall file with the appointing authority at least two weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Personnel Officer with a statement by the appointing authority or department head as to the resigned employee's service performance and other pertinent information concerning the cause for resignation. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give notice shall be reported to the Personnel Officer by the department head immediately. ARTICLE XIII - GENERAL PROVISIONS SECTION 1. Cooperation of Municipal Officers and Employees. Every officer and employee of the City of Downey shall cooperate with the Board and the Personnel Officer in order to fulfill the objectives and purposes of the personnel ordinance and these rules. SECTION 2. Violation of Rules. Violation of the provisions of these rules shall be grounds for dismissal, rejection or suspension, or other disciplinary action. SECTION 3. Amendment and Revision of Rules. Amendments and revisions of these rules may be made by resolution of the City Council. Prior to consideration of any amendments or revisions by the Council, the proposed amendments or revisions shall be posted at such prescribed places as the City 'ouncil may designate for at least five consecutive days prior to the date of consideration, together with notice of the time, place and date when such proposed amendments or revisions will be considered by the Council. Amendments or revisions shall become effective upon their adoption by resolution of the City Council. -15- COKEIRISATION PROGRAM ARTICLE I - PAY PLAN Exhibit S SECTION 1. Salary Determination Policy. In determining salaries, consideration shall be given to prevailing rates of pay for comparable work in other public and in private employment, including consideration of conditions of work and fringe benefits as well as basic pay; to current costs of living; to suggestions of department heads; and to the City's financial condition and policies. SECTION 2. The Plan of Salary Schedules. a. Description of Schedules. The Pay Plan in Exhibit I (attached) consists of a set of monthly salary schedules, as adopted by the City Council. Each of said schedules is designated by a schedule number. Each schedule consists of five (5) steps of monthly compensation, each of which is designated by a step letter. (Refer to Pay Tables in Appendix of the Personnel Manual.) b. Special Rates. The Pay Plan includes flat rates for certain exempt officers and employees who are not compensated on the basis of the step plan. Said rates of compensation are named Special Compensation and shall apply to all those appointed by and directly responsible to the City Council and to all department heads and division managers. Said special compensation rates shall be reviewed by the City Manager and City Council prior to the adoption of the fiscal budget on July 1st of each year. (Amended by Res. No. , adopted .) c. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a monthly rate shall be computed by dividing twelve times the monthly rate by fifty -two times the number of working hours per week. d. Hourly Rate Pay Plan. The hourly rate pay plan in Exhibit II consists of a set of hourly wage schedules. Each wage schedule is designated by a wage schedule number followed by the designation "H ". Each schedule consists of five (5) steps of hourly compensation, each of which is designated by a step letter. Exhibit II is hereby adopted as attached. (Amended by Res. No. 2816, adopted 6- 26 -73) 1. Hourly classifications shall be compensated on one of the wage schedules in Exhibit II. 2. A part -time position may be allocated to the same classification as permanent positions and shall be compensated at the same base hourly wage schedule rate. SECTION 3. Eligibility for Merit Salary Advancement. a. Eligibility for Salary Step Increases. -1- 1. Salary step increases shall be considered on a merit basis only, and then only at the following times and in accordance with the provisions of eligibility and qualification specified in the respective Memorandum of Understanding. (Amended by Res. No. 2705, adopted 7/1/72.) Step A - Hiring Step Step B - After 6 Months of Service Step C - After 18 Months of Service Step D - After 30 Months of Service Step E - After 42 Months of Service An early salary step increase or a double salary step increase may be granted to an employee for superior performance based on the recommendation of the department head and upon approval by the City Manager. (Added by Res. No. , (date)) 2. All full -time appointments shall be made at the first step of the salary schedule unless approval of the City Manager is obtained for appointment at a higher step in the assigned schedule. 3. No salary advancement shall be made so as to exceed the maximum rate established in the salary schedule for the class to which the employee's position is allocated. b. Eligibility for Merit Longevity. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) c. Eligibility for Promotion Increases. Any employee receiving a prcmotion shall start on the first salary step of the salary schedule for the class to which he is promoted and be eligible for merit increases as elsewhere provided, unless his present salary level is equal to or exceeds the first step of the class to which he is promoted. In that event, his former salary may be increased the equivalent of one step. d. Eligibility for Hourly Step Advancements. Hourly employees are eligible for four annual step increases on said employees' respective anniversary dates. Hourly step increases shall be considered on the same merit basis as salary step increases. (Amended by Res. No. 2816, adopted 7 -1 -73) e. Eligibility for Differential Pay,. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 4. Qualification for Merit Salary Advancement. a. Merit Evaluation. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) No. XV.) b. Qualification for Salary Step Advancement. Deleted by Res. (Refer to applicable employee group M.O.U. in Part XI through Part -2- c. Salary Step Reduction. Deleted by Res. No. (Refer to rpplicable employee group M.O.U. in Part XI through Part XV.) d. Qualification for Merit Longevity. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) e. Qualification for Merit Incentive Award. 1. Not more than 20% of the permanent classified employees in any department (major division in the case of Public Works and Police) who have received the E step for two years continuously may be rewarded for outstanding performance during a given six -month period -by the equivalent of one additional step for the following six -month period, as provided below. (i) Each Merit Incentive Award shall continue for one six - month period only and thereafter lapse. (ii) Merit Incentive shall be subject to the approval of the City Manager, based on an objective factual justification from the department head setting forth the specific instances of outstanding performance for which a Merit Incentive Award is recommended. Such instances shall be sufficient to show a real pattern of outstanding performance during the payroll period. (iii) Each Merit Incentive Award shall result from an objective comparative analysis of all employees in each department conducted in a manner to be set forth by the City Manager. SECTION 5. Overtime Work. a. Determination by City Manager Final. Any other provisions of this article notwithstanding, any dispute or question of fact as to what times are normally required for the employment of any person shall be decided by the City Manager, and his decision shall be final. b. Approval by City Manager Required. It is the policy of the City that overtime work is to be discouraged. However, in case of emergency or whenever the public interest or necessity requires, any department head or division manager may require any employee in such department or division to perform overtime work. The projects and types of work for which overtime may be authorized shall be approved in advance by the City Manager, except in the event of emergency overtime as elsewhere defined. c. Compensaton for Overtime. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) d. Time and One -Half Compensation. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) e. Compensation for Special Call In. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) f. Emergency Service. Deleted by Res. No. (Refer to applicable employee group M.O.U. in PartXI through Part XV.) -3- SECTION 6. Firearms Training and Markmanship. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 7. Court Time. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 8. Hazard and Bonus Pay. a. Investigator. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) b. Motorcycle Officer. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) c. Fire Mechanic. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) d. Motor Sweeper Operator. (Res. No. 2772, adopted 2- 27 -73) 1. Three employees of the Physical Services Division below the level of sub - Foreman, when assigned by the Director of Public Works full -time to the occupational specialty of Motor Sweeper Operator, shall be compensated at their regular step of the next half -pay schedule above the pay schedule for Maintenance Leadworker to the extent financed in the City budget. 2. Other Maintenance Leadworkers or Maintenance Workers who are members of the Public Works Department, when assigned by the Director of Public Works to operate a motor sweeper part -time, shall be compensated for such time spent in sweeping and operations incidental thereto at the rate provided herein for Motor Sweeper Operator Occupational Specialty to the extent financed in the City budget. e. Fire Department Communications Operator. Two firemen (three effective 1/1/72) may be paid at the appropriate step of the next salary schedule above the schedule of Firefighter for each payroll period during which they act as full -time communications operators. f. Record Clerk. One Record Clerk, when assigned to the office of the Chief of Police to duties including major responsibilities for the personnel recods and payroll and also dictation, shall be compensated at the regular step of the next pay schedule above the pay schedule of Record Clerk. SECTION 9. Boards and Commissions. (Refer to applicable resolution) SECTION 10. "Y" Rates. When an employee holds a position which is reallocated to a lower level and continues to hold the lower level position, he shall continue to receive compensation in the lower position at the same rate received immediately prior to the reallocation and be eligible for all step increases, cost -of- living increases and /or any "blanket" increases as though the position had not been reallocated. This shall be known as a "Y" rate and shall be subject to all other provisions of the Personnel Manual. -4- SECTION 11. Re- employment. Officers and employees re- employed after a layoff shall receive a rate within the salary schedule established for the class and agreed upon by the appointing power and the employee concerned. SECTION 12. Transfers. Transfer shall not affect an employee's salary rate or anniversary date. SECTION 13. Emergency Help. Persons employed for temporary emergency purposes, which are not otherwise provided for in the compensation program, shall be designated as "Emergency Help" and shall be compensated at a salary rate provided for in the step plan and consistent with the provisions of the compensation program, as determined by the Personnel Officer. SECTION 14. Special Rates - Engineering and Surveying. "Engineer in Training," one -half step for Jr. Civil Engineer and below. "Licensed Surveyor," one -half step for Jr. Civil Engineer and below. "Registered Professional Engineer," one -half step for Associate Civil Engineer and below. (Added by Res. No. 2696, adopted 7 -1 -72) SECTION 15. Deferred Compensation. Commencing May 5, 1975, any portion of the employee's retirement contribution paid by the City on behalf of the employee is hereby designated as, and shall be deferred compensation, subject to all of the restrictions, limitations and conditions applicable thereto as provided by law. (Added by Res. No. 3121, adopted 5- 27 -75) SECTION 16. Special Fire Assignment Bonus. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part )0V.) SECTION 17. Paramedic Bonus. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) SECTION 18. Night Shift Differential. Deleted by Res. No. (Refer to applicable employee group M.O.U. in Part XI through Part XV.) ARTICLE II - THE CLASSIFICATION PLAN SECTION 1. Allocation. The Personnel Officer shall allocate every position in the classified service to one of the classes established by the classification plan. SECTION 2. New Positions. When a new position is created, before the same may be filled, the appointing authority shall notify the Personnel Officer and, except as otherwise provided by ordinance or'these rules, no person shall be appointed or employed to fill any such position until the classification plan shall have been amended to provide therefore, and an appropriate eligible list has been established for such purpose. -5- SECTION 3. Reclassification. a. Positions, the duties of which have changed significantly, shall be allocated to a more appropriate class, whether new or already created, in the same manner as originally classified and allocated. Reclassification shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions. b. In the event of a reclassification, there shall be no increase in salary unless the new classification A Step exceeds the present salary, as provided in Part II, Section 3(b). c. Upon reclassification, employees shall retain their existing anniversary dates. d. Reclassification shall not constitute a promotion unless so designated by the Personnel Advisory Board and approved by the City Manager. SECTION 4. Class Titles and Schedule Numbers. The Classification Plan is hereby approved and adopted, Class Titles are hereby assigned and Schedule Numbers are assigned to the Class Titles. Official copies of all Class Specifications are on file in the office of the City Clerk. SECTION 5. Authority to Employ. The numbers and classes of positions which are printed on the facing pages of the respective departmental budgets, as adopted annually by the City Council, will establish the limits to which each department will have authority to employ. Such employment will be, as provided in these rules, set out elsewhere in this manual, together with the approval of the City Manager. No appointments shall be made beyond budget authority which are not authorized by the Council. SECTION 6. Job Sharing. On recommendation of the City Manager, any authorized permanent position can be designated a job - sharing position. This designation shall not apply to every position in the same classification but on an individual basis. (Added by Res. No. 4058, adopted 1- 20 -80) EXHIBIT I CLASSIFIED SERVICE PAY PLAN GENERAL SERVICE EMPLOYEES UNIT - (Table 01) Classification Title Schedule Number Accountant 19.5 Account Clerk I 12.0 Account Clerk II 14.0 Administrative Assistant 19.0 Administrative Clerk I 12.0 Administrative Clerk II 14.0 Assistant Civil Engineer 25.0 Assistant Supt. of Water /Sanitation 24.0 Associate Civil Engineer 27.0 Associate Planner 22.0 Auto. Circulation Systems Operator 16.0 Automation Coordinator 21.0 Building Inspector 21.0 Civil Engineer 29.0 Code Enforcement Officer 20.0 Computer Operator 16.0 Data Entry Operator 13.0 Engineering Aide 19.0 Executive Secretary 17.0 Fire Mechanic 20.0 Foreman 20.0 Housing Specialist I 22.0 Housing Specialist II 24.0 Junior Accountant 17.0 Junior Civil Engineer 23.0 Junior Engineering Aide 17.0 Librarian 18.0 Library Assistant 13.0 Library Page 11.0 Multilith Operator 13.0 PABX Operator 13.0 Personnel Analyst 19.0 Plan Check Engineer 27.0 Principal Buyer 20.5 Principal Planner 26.0 Programmer 21.5 Project Assistant 18.5 Real Estate Officer 27.0 Records Supervisor 18.0 Recreation Supervisor 20.5 Secretary 15.0 Senior Accountant 23.0 Senior Building Inspector 24.0 Senior Citizen Transit Coordinator 15.5 Senior Engineering Aide 21.0 Senior Librarian Senior Library Assistant Senior Programmer Senior Water Technician SWORN POLICE EMPLOYEES ASSOCIATION - (Table 02) Police Lieutenant Police Officer Police Sergeant Senior Identification Technician Identification Technician PROFESSIONAL FIRE EMPLOYEES UNIT - (Table 03) Captain 28.0 Engineer 25.0 Firefighter 22.0 PUBLIC SAFETY AUXILIARY UNIT - (Table 06) Communications Operator Fingerprint/Warrant Classifier Fire Service Attendant Identification Technician (non - sworn) Parking Enforcement Officer Police Clerk I Police Clerk II 19.0 15.0 24.5 21.0 28.5 22.5 26.0 24.5 23.5 17.0 14.5 10.0 22.5 17.0 14.0 14.5 MAINTENANCE SERVICE EMPLOYEES UNIT - (Table 09)" Custodian 12.0 Maintenance Leadworker 17.5 Maintenance Worker 15.5 Mechanic 17.5 Tree Trimmer 16.0 Tree Trimmer Leadworker 17.5 Senior Citizen Transit Driver 10.0 (Table 29) EXHIBIT II HOURLY RATS PAY PLAN Title - (Table 05) Schedule Number Library Page 06H Recreation Leader I 06H Theater Worker I 07H Municipal Aide 11H Recreation Leader II 12H Facility Supervisor 13H Library Aide 14H Theater Worker II 15H House Manager 15H Theater Clerk 16H Theater Worker III 17H Recreation Leader III 17H Police Aide 17H Crossing Guard 17H Senior Municipal Aide 18H Service Equipment Attendant 20H Senior Recreation Leader 21H Assistant Activity Specialist 22H Theater Worker IV 22H Planning Intern 25H Activity Specialist 29H Stage Supervisor 33H Activity Specialist Director 35H Theater Coordinator 41H Stage Manager 41H