HomeMy WebLinkAbout74-123 - Rules and Regulations of Personnel System_ji
RESOLUTION NO. 74-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, AMENDING CERTAIN PORTIONS OF THE
RULES AND REGULATIONS FOR ADMINISTRATION OF THE
PERSONNEL SYSTEM OF THE CITY OF COSTA MESA.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, the City of Costa Mesa, through its management team,
meeting and conferring in good faith with the Employee Organizations of
the City of Costa Mesa, has discussed certain rule changes; and
WHEREAS, the City Council of the City of Costa Mesa finds that it
is in the best interest of the City and in keeping with sound personnel
practices that:
Rules 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 22, and 26
of the Personnel Rules and Regulations be amended as follows, effective
January 5, 1975:
RULE 2. INTENT.
It is the intent of these Rules to recognize the following princi-
ples: The City Council and all of the citizens of Costa Mesa have the
right to expect that the City will employ the best qualified persons
available; that the tenure of every City employee will be based upon a
demonstrative need for the work performed, availability of funds, faith-
ful and effective performance, proper personal conduct, and continuing
fitness for his position; and that employees will be encouraged, trained,
and developed to assure optimum performance.
Each employee of the City of Costa Mesa has the right to expect
that he will be fully informed of his duties and responsibilities; that
he will be provided with adequate administrative and supervisorial
direction; that he will be informed of how well he is performing his
duties and his level of performance; that promotions will be made on the
basis of qualifications, merit, and ability; that progressively improved
work performance over an extended period will be recognized and rewarded
and that incompetence will not be tolerated; and that he will not be
subject to suspension, demotion, or dismissal without reason or cause.
RULE 3. GENERAL PROVISIONS
Section 1. Fair Employment
Questions in any examination, application form, personnel
proceeding, or by any appointing authority shall be so framed
as to provide for fair and equitable treatment to all. No
appointment to, or removal from, a position in the classified
service shall be affected or influenced in any manner by race,
color, creed, national origin., sex, age, or by any political
or religious opinion or affiliation, unless a bonafide occupa-
tional qualification or requirement. Affirmative action shall
be undertaken to insure these equal employment opportunities.
Section 2. Amendment and Revision of Rules.
Recommendation for amendment and revision of these Rules
shall be made by the City Manager to the City Council. Prior
to consideration, any amendment or revision shall be publicly
posted and any recognized Employee Organization shall be given
reasonable written notice of any amendment or revision of
Rules, together with notice of the time, place, and date of
hearing by the City Council. At the time of consideration,
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any interested person or recognized Employee Organization may
appear and be heard. Amendments and revisions shall become
effective upon adoption by the City Council following such
hearing.
Section 3. Violation of Rules.
Violation of the provisions of these Rules shall be
grounds for rejection or disciplinary action.
RULE 4. DEFINITION OF TERMS. J
The following terms, whenever used in these Rules, shall be defined
as follows:
ALLOCATION. The assignment of a single position to its proper
class in accordance with the duties performed, and the author-
ity and responsibility exercised, or the assignment of a class
to a salary range or salary rate.
APPOINTING AUTHORITY. The officer or officers of the City who
have the authority to make the appointment to the position to
be filled.
APPOINTMENT. The employment of a person in a position.
(A) Acting Appointment. The appointment for a limited
period of a person to a position in a class for
which there is no employment list; to a position in
a higher class occupied by a regular appointee on
suspension; or to a position in a higher class
occupied by a probationary or regular appointee who
is on an authorized leave of absence.
(B) Original Appointment. A person's first appointment
as a City employee.
(C) Probationary Appointment. The probationary employ-
ment of a person in a permanent position. A
probationary appointment is for a specified period
during which job performance is evaluated as the
basis for a subsequent regular appointment.
(D) Regular Appointment. The regular employment of a
person in a permanent position, following the
successful completion of a probation period.
CLASS. A group of positions sufficiently similar in duties,
responsibilities, authority, and minimum qualifications for
employment to permit combining them under a single title and
equitable application of common standards of selection and
compensation.
CLASSIFICATION PLAN. The designation of a title for each
class, together with the specifications for each class as
prepared and maintained by the Personnel Officer.
CLASSIFIED SERVICE. The positions and employments which are
included or which may hereafter be included under the per-
sonnel system by ordinance.
CLASS SPECIFICATIONS. A written description of a class
setting forth factors and conditions which are essential
characteristics of positions in that class.
CONTINUOUS SERVICE. The employment without break or interrup-
tion of an employee having a probationary or regular appointment.
DEMOTION. The voluntary or involuntary reduction of a regular
employee from a position in one class to a position in another
class having a lower maximum salary rate.
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DISMISSAL. The involuntary separation of an employee from the
PERSONNEL ACTION FORM. The multi-purpose form used for
processing changes in an employee's salary rate, employment
status, or other matters contemplated in these Rules.
PERSONNEL ORDINANCE. Ordinance No. 68-40 which creates a
personnel system for the City.
City service.
ELIGIBLE. A person whose name is on an employment list.
EMPLOYEE. A person legally occupying a position.
(A) Probationary Employee. An employee who has a
probationary
appointment to a permanent position.
(B) Regular Employee. An employee who has successfully
completed his probation period in a permanent
position.
(C) Temporary Employee. An employee in a position of
limited duration.
EMPLOYEE ORGANIZATION. Any organization which includes
employees of a public agency or which has as one of its
primary purposes representing of such employees in relation
with the public agency.
EMPLOYMENT LIST(S). A list(s) of names of persons who have
taken an examination for a class in the classified service and
passed and are ranked on the list(s) in alphabetical order.
EXAMINATION.
(A) Open competitive Examination. An examination for a
particular class which is open to all persons
meeting the qualifications for that class.
(B) Promotional Examination. An examination for a
particular class, admission to the examination being
limited to regular and probationary employees in the
classified service who meet the minimum qualifica-
tions for that class.
(C) Continuous Examination. An open competitive exami-
nation which is administered periodically and as a
result of which names are placed on an employment
list.
EXEMPT SERVICE. The positions and employments which are not
included under the personnel system by ordinance.
JOB SERIES. A progression of related classifications.
LAYOFF. The termination of a position or positions in the
classified service due to reorganization, reassignment, or the
lack of work or funds.
LEAVE. Authorized or unauthorized absence from employee's
work station.
MERIT SERVICE ADVANCEMENT. The increase of an employee's
salary within the salary range established for the class or
position he occupies based on job performance. Merit service
advancement is not an automatic advancement.
OVERTIME. The working by a probationary or regular employee
in a full-time position of more hours than are required for a
work week for the position.
PERSONNEL ACTION FORM. The multi-purpose form used for
processing changes in an employee's salary rate, employment
status, or other matters contemplated in these Rules.
PERSONNEL ORDINANCE. Ordinance No. 68-40 which creates a
personnel system for the City.
POSITION. A combination of current duties and responsibil-
ities assigned to a single employee and performed on either a
full-time or part-time basis.
(A) Part -Time Position. A position having an average
work week of fewer hours than the average work week
established for full-time positions in the class. A
part-time position may be either temporary or
permanent.
(B) Permanent Position. A full-time or part-time
position that is individually authorized in the
budget and which is expected to exist indefinitely.
PROBATIONARY PERIOD. A working test period that is part of
the selection process and during which an employee is required
to demonstrate his fitness for the duties of the position to
which he has been assigned by actual performance of such
duties.
PROBATIONARY STATUS. The status of a person who has a pro-
bationary appointment.
PROMOTION. The Advancement of an employee from a position in
one class to a position in another class in a job series
having a higher maximum salary rate.
PROMOTIONAL LIST. An employment list resulting from a pro-
motional examination.
PUBLIC AGENCY. Public agency is the City of Costa Mesa and
any other public district under the jurisdiction of the City
of Costa Mesa.
RECLASSIFICATION. The reassignment of a position from one
class to a different class in accordance with re-evaluation of
the minimum qualifications, duties, and responsibilities of J
the position.
REASSIGNMENT. The change of an employee from one class to
another class.
RECOGNIZED EMPLOYEE ORGANIZATION. An Employee Organization
which has been formally acknowledged by the public agency as
an Employee Organization which represents employees of the
public agency.
REDUCTION. A salary decrease within the limits of the pay
range established for a class.
RE-EMPLOYMENT. The re-employment without examination of a
former permanent employee.
REGULAR STATUS. The status of an employee who has acquired a
regular appointment.
REINSTATEMENT. An employee reinstated to his former position
REPRIMAND. An oral or written reprimand made as a disciplin-
ary action.
RESIGNATION. The voluntary separation of an employee from the
City service.
SALARY RANGE. The range of salary rates for a class.
SALARY RATE. The dollar amount of each step in a salary range
or the flat dollar amount of a salary for a class not having a
salary range.
SALARY STEP. The minimum through maximum salary increments of
All examinations for classes in the classified service
shall be publicized by posting announcements in the City Hall,
on bulletin boards, and by such other methods as the Personnel
Officer deems advisable. 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
dates, time, place, and manner of making applications, and
other pertinent information.
Section 2. Application Farms.
Application forms, provided by the Personnel Officer,
shall require information covering training, experience, and
other pertinent information, and may include any other certi-
ficates deemed necessary by the Personnel Officer. All
applications must be signed by the person applying.
Section 3. Disqualification.
The Personnel Officer may reject any application which
Indicates on its face that the applicant does not possess the
a salary range.
SUSPENSION. The temporary separation of an employee from the
City service for disciplinary purposes.
SWORN PERSONNEL. Employees of the Police and Fire Departments
who are actively engaged in the enforcement of the laws of the
State of California and the ordinances of the City of Costa
Mesa, in protection of lives and property, and in prevention
and suppression of fires.
TERMINATION. The separation of an employee from the City
service because of retirement, resignation, death, or dis-
missal.
TRANSFER. A change of an employee from one department of the
City to another.
VACANCY. An authorized position that is not occupied by an
employee having either a probationary or regular appointment
to the position.
WORK SCHEDULE. The assignment of a position to a work shift
or a series of work shifts during a bi-weekly pay period.
WORK SHIFT. The number of regular working hours assigned for
a particular position or class.
RULE 6. COMPENSATION.
Section 1. Preparation of Plan.
The City Manager shall direct the preparation of a
proposed pay plan covering all classes of positions in the
classified and exempt service showing the minimum and maximum
rates of pay. In arriving at such salary ranges, considera-
tion may be given to prevailing rates of pay for comparable
work in other public and in private employment, to current
costs of living, to suggestions of department heads, to the
City's financial condition and policies and other relevant
factors. The City Manager shall direct such further studies of
the pay plan as may be requested by the City Council.
RULE 7. APPLICATIONS AND APPLICANTS.
Section 1. Announcement.
All examinations for classes in the classified service
shall be publicized by posting announcements in the City Hall,
on bulletin boards, and by such other methods as the Personnel
Officer deems advisable. 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
dates, time, place, and manner of making applications, and
other pertinent information.
Section 2. Application Farms.
Application forms, provided by the Personnel Officer,
shall require information covering training, experience, and
other pertinent information, and may include any other certi-
ficates deemed necessary by the Personnel Officer. All
applications must be signed by the person applying.
Section 3. Disqualification.
The Personnel Officer may reject any application which
Indicates on its face that the applicant does not possess the
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minimum qualifications required for the position. Applica-
tions may be rejected if the applicant is physically or
mentally unfit for the performance of duties of the position
to which he seeks employment, or has made any false statement
of any material fact, or practiced any deception or fraud in
his application. Whenever an application is rejected, notice
of such rejection shall be mailed to the applicant by the
Personnel Officer.
ROLE
8. EXAMINATIONS
Section 1. Nature
and
Types
of
Examinations.
The selection technique used in the examination process
shall be impartial, of a relevant nature, and shall relate to
those subjects which, in the opinion of the Personnel Officer,
fairly measure the relative capacity of persons examined to
execute the duties and responsibilities of the class to which
they seek to be appointed. Examinations may include but are
not necessarily limited to written tests, interviews, per-
formance tests, evaluation of daily work performance, work
samples, medical tests, and/or any combination thereof.
Section 2. Promotional Examinations.
Promotional examinations may be conducted whenever, in
the opinion of the Personnel Officer, the needs of the service
require it. Promotional examinations may include any of the
selection processes mentioned in Section 1 of this Rule. Only
employees who meet the minimum requirements set forth in
promotional examination announcements may compete in promo-
tional examinations.
Section 3. Continuous Examinations.
Open competitive examinations may be administered per-
iodically for a single class as the needs of the service
require it. Names shall be placed on employment lists and
shall remain on such lists as prescribed in Rule 9.
Section 4. Conduct of Examination.
The Personnel Officer shall determine the manner and
methods and by whom examinations shall be prepared and ad-
ministered. The Personnel Officer shall arrange for the use
of facilities to conduct examinations.
Section 5. Scoring Examinations and Qualifying Scores.
A candidate's score in the examination process shall be
contingent on his scores on each part of the examination,
weighted as shown in the examination announcement. Failure on
one part of the examination may be grounds for declaring such
applicants as failing in the entire examination or as disqual-
ified for subsequent parts of an examination. The Personnel
Officer may, at his discretion, include as part of the exami-
nation, tests which are qualifying only.
Section 6. Notification of Examination Results.
Each candidate in an examination shall be given notice of
the results thereof, and if successful, of his final earned
score.
ROLE 9. EMPLOYMENT LISTS.
Section 1. Employment Lists.
As soon as possible after the completion of an exami-
nation, the personnel officer shall prepare an employment list
consisting of the names of candidates who qualified in the
examination, arranged in alphabetical order.
Section 2. Duration of Employment Lists.
Employment and re-employment lists and names thereon,
shall remain in effect for one (1) year, unless sooner ex-
hausted, and may be extended by action of the Personnel
Officer for additional periods, but in no event shall an
employment list remain in effect for more than two (2) years.
Section 3. Re-employment Lists.
The names of probationary and permanent employees who
have been laid off shall be placed on appropriate re-employ-
ment lists in the order of their competency, based upon an
evaluation of qualifications and performance from highest to
lowest. Such names shall remain thereon for a period of one
(1) year unless such persons are sooner re-employed.
When a probationary or permanent employee resigns from
the City employment while in good standing, such employee may
request his name be placed on the appropriate re-employment
list. Such consideration for re-employment shall be available
to said employee for a period of one (1) year following
resignation in good standing.
Section 4. Removal of Names from List.
The names of any person appearing on a re-employment,
employment, or promotional list shall be removed if the
eligible requests in writing that his name be removed; if he
fails to respond to a notice mailed to his last known address;
or if he has refused two offers of employment. The person
affected shall be notified of the removal of his name. The
names of persons on promotional lists who terminate from the
City shall be dropped from such lists.
RULE 10. METHOD OF FILLING VACANCIES.
Section 1. Types of Appointments.
All vacancies in the classified service shall be filled
by re-employment, reinstatement, transfer, demotion, or from
eligibles certified by the Personnel Officer from an appro-
priate employment or promotional list, if available. In the
absence of persons eligible for appointment in these ways,
acting appointments may be made in accordance with the Per-
sonnel Ordinance and these Rules.
Section 2. Notice to Personnel Officer.
Whenever a vacancy in the classified service is to be
filled, the Personnel Officer shall be notified. The Per-
sonnel Officer shall advise as to the availability of all
eligible persons. Whenever there are fewer than five (5)
names of individuals willing to accept appointment on a
promotional list or an open competitive list, the appointing
authority may make an appointment from among such eligibles,
or may request the Personnel Officer to establish a new list.
Section 3. Certification of Eligible Persons.
The appointing authority shall indicate whether it is
desirable to fill the vacancy by re-employment, reinstatement,
transfer, demotion, promotion, or from an employment list.
Section 4. Order of Certification.
Deleted in its entirety.
Section 4 Appointment.
After interview and investigation, the appointing author-
ity shall make appointments from among eligible persons and
shall immediately notify the Personnel Officer of the person
or persons selected. The Personnel Officer shall thereupon
notify the person selected.
Section 5. Acting Appointments.
After interview and investigation, the appointing author-
ity 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 authority shall prescribe, he shall
be deemed to be appointed, otherwise, he shall be deemed to
decline the appointment.
Section 6. Emergency Appointments.
To meet the immediate requirements of any emergency
condition, such as extraordinary fire, flood, earthquake,
riot, or public disorder which threatens public life or
property, any legally authorized person 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 appointments shall be
reported to the Personnel Officer.
RULE 11. PROBATIONARY PERIOD.
Section 1. Objective of Probationary Period.
The probationary period shall be regarded as an integral
part of the examination process, and shall be utilized for
closely observing the employee's work, and for securing the
most effective adjustment of the new employee to his position
and for rejecting a probationary employee whose performance
does not meet the required standards of work.
Section 2. Regular Appointment Following Probationary
Period.
All original and promotional appointments shall be
tentative and subject to a probationary period of one (1) year
of continuous service. During the initial probationary
period, the employee may be rejected at any time without the
right of appeal or hearing.
The Personnel Officer shall notify the appointing author-
ity prior to the ending of any probationary period.
Prior to the end of the probationary period, appointing
authority shall file with the Personnel Officer a statement in
writing indicating that the retention or rejection of such
employee is desired.
Section 3. Rejection of Probationary.
1
J
Deleted in its entirety.
Section 3. Rejection Following Promotion.
Any employee rejected during the probationary period
following a promotional appointment, or at the conclusion of
the probationary period, may be reinstated to the position
from which he was promoted, unless charges are filed and he is
discharged in the manner provided for in these Rules.
RULE 12. ATTENDANCE AND LEAVES.
Section 2. Vacations.
(A) The purpose of annual vacation leave is to enable
each eligible employee annually to return to his
work mentally refreshed.
(B) Regular full-time employees in the classified
service with an average work week of forty (40)
hours shall receive annual vacations with pay in
accordance with the following provisions:
(1) After continuous full-time service
amounting to one (1) year or more, such
employee shall have accrued paid vacation
at the rate of ninety-two (92) working
hours per year.
(2) Upon completion of three (3) years of
continuous full-time service, but less
than five (5) years of continuous full-
time service, such employee shall accrue
one hundred sixteen (116) working hours
per year.
(3) Upon completion of five (5) years of
continuous full-time service, but less
than ten (10) years of continuous full-
time service, such employee shall accrue
one hundred forty (140) working hours per
year.
(4) Upon completion of ten (10) years of
continuous full-time service, but less
than fifteen (15) years of continuous
full-time service, such employee shall
accrue one hundred sixty-four (164)
working hours per year.
(5) Upon completion of fifteen (15) years or
more of continuous full-time service, such
employee shall accrue one hundred eighty-
eight (188) working hours per year.
(C) Regular full-time employees in the classified
service with an average work week of fifty-eight
point four (58.4) hours shall receive an annual
vacation with pay in accordance with the following
provisions:
(1) For one (1) year or more of continuous
full-time service, such employee shall
have accrued one hundred thirty-four point
thirty-two (134.32) working hours per
year; effective July 1, 1975: one hundred
twenty-eight point eight (128.8) working
hours per year.
(2) Upon completion of three (3) years, but
less than five (5) years of continuous
full-time service, such employee shall
accrue one hundred sixty-nine point
thirty-six (169.36) working hours per
year; effective July 1, 1975: one hundred
sixty-two paint four (162.4) working hours
per year.
(3) Upon completion of five (5) years, but
less than ten (10) years of continuous
full-time service, such employee shall
accrue two hundred four point four (204.4)
working hours per year; effective July 1,
1975: one hundred ninety-six (196)
working hours per year.
(4) Upon completion of ten (10) years, but
less than fifteen (15) years of continuous
full-time service, such employee shall
accrue two hundred thirty-nine point
forty-four (239.44) working hours per
year; effective July 1, 1975: two hundred
twenty-nine point six (229.6) working
hours per year.
(5) Upon completion of fifteen (15) years or
more of continuous full-time service, such
employee shall accrue two hundred seventy-
four point forty-eight (274.48) working
hours per year; effective July 1, 1975:
two hundred sixty-three point two (263.2)
working hours per year.
The hours set forth herein are intended to
provide equal proportion of vacation for hours
worked for all City employees.
(D) Accumulation of Vacation Leave.
Accumulation of vacation leave in excess of that
earned in a calendar year is allowable upon approval
of the Department Head as authorized by the City
Manager.
(E) Vacation Leave.
(1) Vacation leave taken shall not be in
excess of that actually earned at the time
it is taken.
(2) Annual vacation leave shall normally be
taken at one time. However, the Depart-
ment Head, upon approval of the City
Manager, may permit a modification of this
requirement.
(3) The time during the calendar year at which
an employee shall take his vacation shall
be determined by the Department Head, with
particular regard for the need of the
service and due regard for the wishes of
the employee.
(4) In the event one or more municipal holi-
days fall within a vacation leave, such
days shall not be charged as vacation
leave, and the vacation shall be extended
accordingly for those employees eligible
for such holidays.
(5) Any leave of absence without pay shall not
accrue vacation leave for each full pay
period of such absence.
(6) Pay in lieu of vacation will not be
granted, except on termination. However,
the City Manager may authorize pay in lieu
of vacation under extenuating circum-
stances.
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(P) Terminal Vacation Pay.
Upon termination, a
compensation at his
earned vacation up
termination.
Section 3. Sick Leave
(A) Eligibility.
permanent employee will receive
current rate for all unused
o and including the date of
Employees having a regular or probationary appoint-
ment shall accrue sick leave credit at the rate of
twenty (20) percent of the standard average work
week for each full month of continuous service if
the employee has worked or has been on authorized
leave of absence with pay.
(B) Accumulation of Sick Leave.
Sick leave may be accumulated to a maximum of ninety
(90) times the monthly accumulation. If sick leave
credit accumulation is at the maximum, the bi-weekly
amount of sick leave accumulation credit the em-
ployee earns during that pay period, had there been
no maximum limit, will be calculated and the em-
ployee will be granted pay or additional vacation
accumulation in an amount equal to one-third (1/3)
of this differential credit. If such employee
desires time off in lieu of pay, the Department
Head, when granting this time off, will take into
consideration the need for the service.
(C) Limitation of Use.
(1) Eligibility for Use of Sick Leave.
(a) Sick leave granted shall not be
in excess of that actually
earned at the time it is taken.
Employees shall be eligible to
be granted sick leave in the
amount earned from date of hire.
(b) Sick leave shall be used in case
of a bonafide illness of the
employee upon approval. Sick
leave may also be used for
serious illness or emergency of
a member of the employee's
immediate household, who is
incapacitated and/or requires
the service of a physician, and
when the presence of the em-
ployee is required. At the
conclusion of the emergency,
said employee shall return to
work as soon as possible. The
employee taking such sick leave
shall notify their immediate
supervisor prior to, or within
one-half (1/2) hour of the time
set for the beginning of his
daily duties, or as otherwise
specified by the department.
When absence is for more than
three (3) work shifts or, as in
the case of employees on a
twenty-four (24) hour shift
basis, one and one-half (1-1/2)
work shifts, the employee may be
required to present a physician's
certificate to the Department
Head stating the cause of the
absence. A physician's certifi-
cate indicating fitness to
return to duty may be required
by the Department Head. The
Department Head shall forward
the certificate to the Personnel
Officer for filing.
(c) The City Manager, upon written
request, may grant accrued sick
leave for employee's family
outside the immediate household.
(d) Accrued vacation leave and/or
compensatory time off normally
will be used for sickness when
all of an employee's accumulated
sick leave has been taken.
(2) Sick Leave During Vacation.
(a) An employee who becomes hos-
pitalized or seriously ill or
injured while on vacation may
have such period charged to his
accumulated sick leave instead
of to vacation provided:
(1) Immediately upon
return to duty, the
employee submits to 1
his Department Head a J
written request for
sick leave, and a
written statement
signed by his physi-
cian describing the
nature and dates of
his serious illness or
injury.
(2) The Department Head
recommends, and the
City Manager approves
the granting of such
sick leave.
(3) Other Limitations.
(a) No employee shall be entitled to
accrue or to take sick leave
with pay while absent from duty
for any of the following reasons:
(1) Disability or illness
arising from compen-
sated employment other
than with the City of
Costa Mesa.
(2) Leave of absence
without pay.
%
(3) Absence because of
intoxication, or for
the purpose of recov-
ering from intoxication
or intentional self-
inflicted injury or
illness.
(D) Penalty for Sick Leave Abuse.
(1) When in the judgment of the Department
Head, the employee's reasons for being
absent are inadequate, he shall change the
payroll time report to indicate that the
absence was leave without pay. In addition
the employee is subject to disciplinary
action.
(E) No Terminal Sick Leave Pay.
(1) No payment shall be granted to an employee
for accrued sick leave at the time of
termination. An employee who subsequently
re-enters the City service is not entitled
to 'any previously accrued sick leave.
(F) Extended Sick Leave.
(1) On written request of the employee and
recommendation by the Department Head, the
City Manager may authorize a leave of
absence without pay for the purpose of
recovering from an illness, provided:
(a) The employee has used up all of
his accumulated sick leave,
compensatory. and vacation time.
(b) The employee presents to his
Department Head an estimate of
the time needed to recover,
signed by a physician approved
by the City.
(c) Prior to assuming his duties,
the employee may be required to
take a medical examination at
his expense. The employment
record and the result of such
examination shall be considered
in determining the employee's
fitness to return to work.
Section 4. Leaves of Absence.
(A) Ninety (90) calendar days or less.
Upon the written recommendation of the De-
partment Head, the City Manager may authorize
special leaves of absence without pay for a period
or periods not to exceed ninety (90) calendar days
for purposes deemed by the City Manager to be
beneficial to the City.
(B) In excess of ninety (90) calendar days.
The City Council may, upon the recommendation
of the City Manager, grant leaves of absence with or
without pay in excess of ninety (90) calendar days
for purposes deemed by the City Manager to be
beneficial to the City.
Section 5. Military Leaves.
An employee having a probationary or regular appointment
shall be entitled to such benefits as are provided in the
California Military and Veterans Code. An employee requesting
such military leave shall present a copy of his military
orders to his Department Head prior to the beginning of the
leave.
Employees are entitled to a temporary military leave of
absence not to exceed one hundred eighty (180) calendar days
per year. Employees having more than one (1) year continuous
service and granted a military leave of absence are entitled
to receive the equivalent salary up to the first thirty (30)
calendar days of any one military leave, or during any one (1)
calendar year. Weekend drills are excluded from the meaning
of ordered military leave.
Section 6. Reporting Absences.
An employee who is absent from duty shall report the
reason for such absence to his Department Head or immediate
supervisor prior to the time of expected absence whenever
possible, and in no case later than one-half (1/2) hour after
the beginning of his normal work shift. Absences not reported
in such a manner may be subject to disciplinary action.
Section 7. Maternity Leave of Absence.
Regular employees may be granted a maternity leave of
absence when the request is accompanied by a statement from a
physician approved by the City indicating how long the em-
ployee may continue to work before delivery. After delivery
and prior to returning to work, the employee must obtain a
statement from a physician approved by the City indicating her
ability to perform her previous duties. In no event will such
leave be for more than six months. Employees returning from
maternity leave may be returned to their former position or
any other vacant equivalent position.
Section 8. Bereavement Leave.
Whenever an employee who is eligible to receive sick
leave is compelled to be absent from duty by reason of a death
or critical illness where death appears imminent of father,
mother, brother, sister, wife, husband, or child, such em-
ployee shall, upon approval of his Department Head, be entitled
to charge such absence to his accumulated sick leave to a
maximum of five (5) working days in a calendar year. Such
maximum for Fire Department personnel on twenty-four (24) hour
shifts shall be two and one-half (2-1/2) work shifts. The
City Manager, upon written request, may grant bereavement
leave for persons other than heretofore listed.
Section 9. Accumulation of Leave Benefits.
Deleted in its entirety.
Section 9. Hours of Work.
(A) Work Week.
The average work week for all full-time posi-
tions, except those in the Fire Department having
twenty-four (24) hour work shifts, shall be forty
(40) hours. The work week for Fire Department
positions having twenty-four (24) hour work shifts
shall be a minimum of fifty-eight point four (58.4)
hours; effective July 1, 1975: fifty-six (56)
hours.
The above listed paid holidays shall apply to all perma-
nent full-time employees who shall normally have time off for
the holiday at full pay. Certain employees designated by
their Department Head, and approved by the City Manager, may
be required to work their regularly scheduled shifts regard-
less of legal holidays. Employees working assigned shifts
shall be paid or earn additional vacation, as specified by the
Department Head, at the equivalent of one-tenth (1/10) of
their regular bi-weekly compensation for each full day (except
Saturdays and Sundays) that the general City offices are
closed in observance of legal holidays.
Section 12. Jury Duty.
In the event any employee in the classified service is
duly summoned into any court for the purpose of performing
jury service, or serving as a witness, he shall receive his
regular compensation for any regularly scheduled working hours
spent in the actual performance of such service.
(B) Work Shifts.
For all full-time positions, except those in
the Fire Department, the work shift shall be a
number of work shifts totaling forty (40) hours per
week. For Fire Department positions, except those
designated by the Fire Chief, and approved by the
City Manager, the work shift shall be twenty-four
(24) hours.
(C) Work Schedule.
The work schedule for each position shall be
established by the Department Head, and approved by
the City Manager.
(D) Exchange of Work Shifts.
Exchange of work shifts may be granted by the
Department Head for emergency or other justifiable
reasons. Such exchange of work shifts shall be
reported to the Payroll Division of the Finance
Department in the form and on the dates specified.
Section 10. Attendance.
(A) 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. Any unauthorized tardi-
ness or absence is cause for disciplinary action.
Section 11. Holiday Leave.
The following dates and such other days or portion of
days as may be designated by the City Council shall be ob-
served as paid holidays: January 1, New Year's Day; February
12, Lincoln's Birthday; third Monday in February, Washington's
Birthday; last Monday in May, Memorial Day observance; July 4,
Independence Day; first Monday in September, Labor Day;
September 9, California's Admission Day; November 11, Veterans
Day observance; fourth Thursday in November, Thanksgiving; the
Friday immediately following Thanksgiving; and December 25,
Christmas Day. In the event any paid holiday falls on
Saturday, the preceding Friday will be observed. In the event
any paid holiday falls on Sunday, the following Monday will be
observed.
The above listed paid holidays shall apply to all perma-
nent full-time employees who shall normally have time off for
the holiday at full pay. Certain employees designated by
their Department Head, and approved by the City Manager, may
be required to work their regularly scheduled shifts regard-
less of legal holidays. Employees working assigned shifts
shall be paid or earn additional vacation, as specified by the
Department Head, at the equivalent of one-tenth (1/10) of
their regular bi-weekly compensation for each full day (except
Saturdays and Sundays) that the general City offices are
closed in observance of legal holidays.
Section 12. Jury Duty.
In the event any employee in the classified service is
duly summoned into any court for the purpose of performing
jury service, or serving as a witness, he shall receive his
regular compensation for any regularly scheduled working hours
spent in the actual performance of such service.
Employees receiving witness fees or jury service fees,
shall remit such fees to the Finance Director in order to be
considered at work for payroll purposes during the time spent
as such witness or serving on the jury. The employee is
entitled to retain any mileage allowance if paid by the court.
Section 13. Industrial Accident Leave.
Change of Section number only.
RULE 13. ADDITIONAL PAY AND PAY ADJUSTMENT.
Section 1. Overtime.
If an employee is required to work longer than his normal
work week, said employee shall be compensated for said approved
overtime as outlined in the Fair Labor Standards Act as deter-
mined by the City Manager.
Section 2. Stand-by Pay.
If an employee is assigned to duty on a stand-by basis,
he shall be paid at the rate of thirteen (13) hours at his
prevailing rate of compensation for each week so assigned,
plus his regular compensation for each hour worked during such
stand-by assignment. If a holiday falls within the assigned
stand-by week, an additional four (4) hours pay will be given
to the person assigned to stand-by.
Section 3. Special Assignment Differential.
Deleted in its entirety.
Section 3. Application of Pay Rate.
Employees occupying a position in the classified service
shall be compensated within the range established for the
position's class under the pay plan as provided in Rule 6. The
minimum rate for the class generally shall apply to employees
upon original appointment. Prior to appointment, employees
who are re-employed shall receive a rate within the range
established for the class, and agreed upon by the appointing
authority and the employee concerned.
Section 4. Merit Salary Advancement.
No salary advancement within a classification shall be
made so as to exceed the maximum rate established in the pay
plan. Advancement shall not be automatic but shall depend
upon increased service value to the City as recommended by his
supervisor based upon performance record, special training
undertaken, length of service, and other pertinent factors.
Section 5. Longevity and Scholastic Achievement Allowances.
All full-time employees of the City of Costa Mesa shall
be eligible to participate in the Longevity and Scholastic
Achievement Program. Participation in the Program is optional,
however, and it is the responsibility of the individual em-
ployee to make application for benefits for which he may be
qualified under the Program.
The Longevity and Scholastic Achievement Program is a
monetary award system which provides, for certain eligible and
qualified employees of the City of Costa Mesa, compensation in
addition to their established salary. The City Council shall
have the authority to grant to any such qualifying full-time
employee the sum or sums as appropriate for the level of
longevity and scholastic achievement attained.
J
Approval for the additional compensation shall be granted
The appointing authority may demote an employee whose
ability to perform his required duties falls below standard or
for disciplinary purposes. No employee shall be demoted to a
position for which he does not possess the minimum qualifica-
tions. Written notice of the demotion shall be given the
employee before or within three (3) days after the effective
date of the demotion, and a copy filed with the Personnel
Officer. The written notification shall contain a statement
of the substantial reasons for the action and the effective
date of the action.
(A) Involuntary Demotion.
An employee may appeal an involuntary demotion
through the steps outlined in the grievance proce-
dure in Rule 27.
(B) Voluntary Demotion.
An employee may request a voluntary demotion
for any reason. Such a voluntary demotion shall
require the approval of the Department Head for whom
the employee will serve, and the City Manager. An
employee taking a voluntary demotion may be placed
in any step in the range of the new classification
that does not provide an increase in salary. He
shall be given a new anniversary date for the
purpose of merit evaluation. An employee cannot ask
for a voluntary demotion into a position for which
he does not possess the minimum qualifications.
only if evaluation of employee's job performance indicates
meritorious service to the City of Costa Mesa.
RULE 14. TRANSFER, PROMOTION, DEMOTION, SUSPENSION,
REINSTATEMENT, AND SEPARATION.
Section 1. Transfer.
After notice to the Personnel Officer, an employee may be
transferred by the appointing authority at any time from one
position to another in the same or comparable class. If the
transfer involves a change from one department to another,
both department heads must consent thereto unless the City
Manager orders the transfer for purposes of economy or effi-
ciency. A transfer from one department to another may be
initiated at the request of the employee to the Personnel
Officer.
A 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
interest of the service, vacancies in the classified service
may be filled by promotion from within the classified service
after a promotional examination has been given and a promo-
tional list established.
If a vacancy in a position could be better filled by an
open competitive examination, such a list shall be prepared
and certified.
Section 3. Demotion.
The appointing authority may demote an employee whose
ability to perform his required duties falls below standard or
for disciplinary purposes. No employee shall be demoted to a
position for which he does not possess the minimum qualifica-
tions. Written notice of the demotion shall be given the
employee before or within three (3) days after the effective
date of the demotion, and a copy filed with the Personnel
Officer. The written notification shall contain a statement
of the substantial reasons for the action and the effective
date of the action.
(A) Involuntary Demotion.
An employee may appeal an involuntary demotion
through the steps outlined in the grievance proce-
dure in Rule 27.
(B) Voluntary Demotion.
An employee may request a voluntary demotion
for any reason. Such a voluntary demotion shall
require the approval of the Department Head for whom
the employee will serve, and the City Manager. An
employee taking a voluntary demotion may be placed
in any step in the range of the new classification
that does not provide an increase in salary. He
shall be given a new anniversary date for the
purpose of merit evaluation. An employee cannot ask
for a voluntary demotion into a position for which
he does not possess the minimum qualifications.
Section 4. Suspension.
An appointing authority shall have the right to relieve
any employee from duty without pay for alleged violation of
departmental or City rules, or upon being charged with any
violation of a criminal statute. Upon taking such action, the
appointing authority shall file with the employee and the
Personnel Officer a written notification containing a state-
ment of substantial reasons for the action. Suspension
without pay by the appointing authority shall not exceed
thirty (30) calendar days, except in the event of criminal
prosecution, said suspension may be in effect until final
disposition of the case.
Section 5. Reinstatement.
An employee who has been suspended, demoted, or dismissed,
and whose suspension, demotion, or dismissal is modified as a
result of successful appeal through the grievance procedure,
shall be entitled to the pay and benefits as contained in the
modification order.
Section 6. Discharge.
An employee in the classified service may be discharged
at any time by the appointing authority. Whenever it is the
intention of the appointing authority to discharge an employee
in the classified service, the Personnel Officer shall be
notified. Any regular employee who has been discharged shall
be entitled to receive a written statement of the reasons for
such action and to a hearing, if he so requests, as provided
in the Personnel Ordinance and these Rules.
Section 7. Layoff.
Because of material change in duties or organizationor
shortage of work or funds, employees in the classified se,rvice
may be laid off. Thirty (30) calendar days before the effec-
tive date of layoff, the appointing authority shall notify the
Personnel Officer of the intended action with reasons there-
for. Said employee shall be considered for re-employment as
provided by these Rules.
Section 8. Resignation.
An employee wishing to leave the classified service in
good standing shall give reasonable notice to the appointing
authority, normally two weeks, before the effective date of
leaving the service. The resignation shall be forwarded to
the Personnel Officer.
RULE 15. SEPARATION FROM THE SERVICE.
Deleted in its entirety.
RULE 17. PHYSICAL EXAMINATIONS.
(A) In order to be eligible for employment or re-employment
with the City of Costa Mesa, candidates may be required
to pass a physical examination which meets the job
requirements.
(B) In order to be eligible for promotion or transfer to a
job class in a category requiring greater physical
qualifications than his present job class, any employee
must pass the appropriate physical examination required
for such promotion or transfer.
`12
(C) Any employee may be required to undergo a physical
examination at any time designated by the appointing
authority and with the approval of the City Manager.
(D) All physical examinations required under the provisions
of this Rule shall be performed by a licensed physician
specified by the City of Costa Mesa.
RULE 22. NEPOTISM.
Any relative within the third degree, whether a relative by blood
or marriage of a Council Member or the City Manager, shall not be
appointed to any position, whether full-time or part-time, within the
City service. Relatives may be allowed to work within the same depart-
ment as determined by the Department Head, providing one does not
supervise the other.
This Rule shall not affect any of the heretofore mentioned rela-
tives who are currently employed by the City of Costa Mesa at the time
of adoption of these Rules. It is not the intention of this Rule to
terminate an employee of the City of Costa Mesa whose relative, whether
by blood or marriage within the third degree, becomes a City Council
Member, the City Manager, or a Department Head.
RULE 26. DEPARTMENTAL RULES AND REGULATIONS.
Each department may establish a department manual of rules and
regulations which shall be approved by the City Manager. These Per-
sonnel Rules may be further defined and qualified, but not superseded by
administrative or department regulations.
PASSED AND ADOPTED this 17th day of December, 1974.
L R4JU-4o.
May r of the City of Costa Mesa
ATTEST:
Deputy City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa hereby certify that the above and
foregoing Resolution No. 74-123 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof, held on
the 17th day of December, 1974.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 18th day of December, 1974.
C ty Clerk and ex -officio Clerk of he
City Council of the City of Costa esa
Ey Uu,�z1. Cy+�
Deputy City Clerk of the City of Costa Mesa
i