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STRADLING YOCCA
CARLSON & RAUTH
L.\1\'YERS
NEWPORT BEACH
JEFFREY A. DINKIN, SBN 111422
idinkin@sycr. com
ALLISON E. BURNS, SBN 198231
aburns@sycr. com
DAVID C. PALMER, SBN 251609
dpalmer@sycr. com
Exempt from filing fee
Government Code § 6103
S1RADLING YOCCA CARLSON & RAUIH
A Professional Corporation
800 Anacapa Street, Suite A
Santa Barbara, California 931 0 1
Telephone: (805) 730-6800
Facsimile: (805) 730-6801
Attorneys for Defendants
CITY OF CARMEL-BY-THE SEA;
JASON STILWELL; SUSAN PAUL
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE
STEVEN MCINCHAK
Petitioner/Plaintiff,
v.
CITY OF CARMEL-BY-THE-SEA,
JASON STILWELL, CITY
ADMINISTRATOR OF THE CITY OF
CARMEL-BY-THE-SEA, SUSAN
PAUL, ADMINISTRATIVE
SERVICES DIRECTOR OF THE
CITY OF CARMEL-BY-THE-SEA;
and DOES 1 through 50, inclusive,
Defendants.
CASE NO. 5:14-cv-03084 (HRL)
REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF
SPECIAL MOTION TO STRIKE
{Filed concurrently with Def?ndants'
Notice of Motion     Motion to
Strike; Declarations o Susan Paul,
Jason Stilwell and Al ison E. Burns; and
[Proposed] Order]
DATE: September 30, 2014
TIME: 10:00 a.m.
COURTROOM: 2
Action Filed:
Trial Date:
June 4, 2014
Not Set
REQUEST FOR JUDICIAL NOTICE 5:14-cv-03084 (HRL)
DOCSOC/1674689v3/1 02910-0006
Case5:14-cv-03084-RMW Document11 Filed08/01/14 Page2 of 41
1 TO THE HONORABLE COURT AND ALL PARTIES OF RECORD:
2 PLEASE TAKE NOTICE THAT, pursuant to Rule 201 of the Federal Rules of
3 Evidence ("Rule 201"), Defendants respectfully request that this Court take
4 judicial notice of the following:
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')0
1. Attached hereto as Exhibit A is a true and correct copy of Chapter 2.52
of the Municipal Code of the City of Carmel-by-the-Sea ("Carmel
Municipal Code") found via the government website of the City of
Carmel by the Sea http://ci.carmel.ca.us/carmel/index.cfm/residents/city-
services/municipal-codes/
A federal court "must take judicial notice if a party requests it and the court is
supplied with the necessary information." Fed. R. Evid. Rule 201(c)(2). Rule 201
allows federal courts to take judicial notice of an adjudicative fact that is not
subject to reasonable dispute. An "adjudicative fact" is "simply the facts of the
particular case" and typically "relate to the parties, their activities, their properties,
their businesses." Valdivia v. Schwarzenegger, 599 F.3d 984, 994 (9th Cir. Cal.
2010) citing Fed. R. Evid. 201, Advisory Committee Notes. The true and correct
copy of the Carmel Municipal code is an adjudicative fact because it relates to the
existence of the City of Carmel-by-the-Sea's Municipal Code, which is relevant in
the above-caption case. The true and correct copy of the Carmel Municipal Code is
not subject to reasonable dispute because the truth and correctness of the copy "can
be accurately and readily determined from sources whose accuracy cannot
reasonably be questioned." Fed. R. Evid. 201(b )(2); See also Cota v. Maxwell-
Jolly, 688 F. Supp. 2d 980, 998 (N.D. Cal. 2010) ["The Court may properly take
judicial notice of the documents appearing on a government website".]
STRADLING YOCCA
-2-
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
REQUEST FOR JUDICIAL NOTICE 5:14-cv-03084 (HRL)
DOCSOC/16 7 4689v3/1 02910-0006
Case5:14-cv-03084-RMW Document11 Filed08/01/14 Page3 of 41
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"10
STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
DATED: August 1, 2014
STRADLING YOCCA CARLSON &
RAUTH
A Professional Co
Attorneys for Defendants
CITY OF CARMEL-BY-THE
SEA; JASON STILWELL; SUSAN
PAUL
REQUEST FOR JUDICIAL NOTICE 5: 14-cv-03084 (HRL)
DOCSOC/16 7 4689v3/l 02910-0006
Case5:14-cv-03084-RMW Document11 Filed08/01/14 Page4 of 41
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Chapter 2.52 PERSONNEL SYSTEM*
Sections:
Article I. Code of Ethics
Code of Ethics.
Article II. Position Classification Plan
Definition.
Terms Used.
Administration of the Plan.
Article Ill. Types of Positions/Employment Status
At-Will Employee Defined.
Types of Positions.
Employee Defined.
Employment Status.
Volunteers - Guidelines.
Article IV. Recruitment, Selectionand Appointment
Definitions.
Recruitment and Selection Procedure.
Exception to CMC ==-c=·
Special Requirements for Appointment.
General Requirements for Appointment.
2.52.125 Relocation Expenses.
Article V. Training and Observation Period
Definition and Purpose.
Duration.
Extensions Possible.
Failure to Meet Performance Standards.
Retention of Regular Status Previously Held.
Successful Completion.
Article VI. Promotion, Transfer, Voluntary Demotion
Promotion Defined.
Promotion Policy.
Transfer Defined.
Transfer Purpose.
Transfer Policy.
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Chapter 2.52 PERSONNEL SYSTEM*
Reassignment.
Voluntary Demotion Defined.
Voluntary Demotion Policy.
Acting Status.
Acting Status Transfer- Maximum Period Reached.
Types of Separations.
Resignation.
Article VII. Separations
Failure to Achieve Regular Status.
Dismissal.
Layoff.
Order of Layoff.
Article VIII. Performance Evaluations
Purpose.
Definitions and Roles.
Department Manager's Responsibilities.
Documentation of Evaluations- Approved Forms.
Established Rating Periods- Frequency.
Evaluation Procedure.
Employee Rights for Review of Record.
Article IX. Disciplinary Actions
Applicability of Disciplinary Actions.
Types of Disciplinary Action.
Counseling.
Oral Reprimand.
Written Reprimand.
Emergency Suspension.
Suspension Defined.
£..52.325 Disciplinary Demotion.
2.52.330 Dismissal.
Department Manager Responsibilities.
Causes for Disciplinary Action.
Outline of Procedural Steps in Disciplinary Actions.
2.52.350 Notice of Intent to Discipline- Defined.
2.52.355 Notice of Intent to Discipline- Content.
Employee's Response to Notice of Intent to Discipline.
Disciplinary Action Order- Defined.
Disciplinary Action Order- Content.
Service of Notice of Intent to Discipline and the Order of Disciplinary Action.
2.52.371 Employee Continues Duties During Five-Day Period.
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Chapter 2.52 PERSONNEL SYSTEM*
Immediate Paid Administrative Leave Pending Investigation.
Appeal and Answer to Order of Disciplinary Action.
Appeals Hearing Process.
Signed Order of Disciplinary Action - Service.
Article X. Grievances andTheir Resolution
Purpose of This Article.
Definitions.
Right to Grieve.
Good Faith Required of All Parties.
Right of Representation.
Grievance Processing on City Time.
Extension of Established Time Limits.
Failure to Meet Time Limits- Management.
Failure to Meet Time Limits- Employee.
Limitations on Authority.
Right to Consult on Grievance Filing Procedure.
Grievance Forms.
Representative - Rights and Obligations.
Grievance Procedure.
City Administrator's Decision - Final.
Independent Hearing Officer's Decision - Final.
More Expeditious Grievance Handling Not Prohibited.
Grievance Procedure Does Not Apply to Unlawful Actions.
Article XI. Salaries, Benefits, and Leaves
Salary Plan - Purpose.
City Administrator's Role.
Basic Elements of the Salary Plan.
Pay Periods.
Basic Work Week.
Practical Work Week.
Fire Personnel Work Week.
Salary Plan Administration.
2.52.550 Anniversary Dates.
Merit Salary Step Advancement.
Denial/Delay of Step Advancement.
Effective Dates of Salary and Personnel Changes .
.2_.52.570 Salary Determination- Promotions.
Salary Determination- Transfer.
Salary Determination -Voluntary Demotion.
Salary Determination- Disciplinary Demotion.
Salary Determination - Reclassification of Position.
Overtime Defined.
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Chapter 2.52 PERSONNEL SYSTEM*
Overtime Authorization.
Overtime Compensation.
Overtime Compensation- Firefighting Personnel.
Compensatory Time Off- Use of Accrued Hours.
Record of Overtime Worked.
Vacations- Accrual.
Vacations- Eligibility for Use.
Vacations- Scheduling.
Vacations- Maximum Accrual Allowed.
Vacations- Compensation Upon Separation.
Management Leave.
Vacations- Compensation for Unused Vacation.
Sick Leave Accrual - Employees Hired Prior to November 1, 1984.
Sick Leave Accrual - Employees Hired After November 1, 1984.
Sick Leave- Charges Against Credit.
Sick Leave- Physician's Statement Required.
Sick Leave- Department Notification.
Sick Leave- Use for Family Illness or Bereavement.
Military Leave- Annual Paid.
Military Leave- Unpaid.
Leave Without Pay- Types.
Leave Without Pay- Duration.
Leave Without Pay- Request Procedure.
Leave Without Pay -Approval Considerations.
Leave Without Pay- Early Return From.
Leave Without Pay- Revoked.
Holidays- Designated.
Holidays- Entitlement.
Medical, Dental and Vision Insurance.
Uniform Allowance for Certain Employees.
Retirement.
Delegation of Authority.
Article XII. Personnel Records and Policies
General.
Employees' Role.
Payroll Records.
Personnel Files- Contents.
Personnel Files- Security.
Personnel Policies.
Jury/Witness Duty.
Safety.
Training.
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Chapter 2.52 PERSONNEL SYSTEM*
Article XIII. Workers' Compensation
Workers' Compensation - Purpose.
Job-Incurred Injury, Illness, or Accident- Reporting.
Employees Covered.
Workers' Compensation - Benefits.
Safety Personnel - Benefits.
Combination of Benefits.
Page 5 of35
* For statutory provisions authorizing cities to adopt a personnel system, see Government Code§ et
seq.
Article I. Code of Ethics
2.52.010 Code of Ethics.
As public employees we are entrusted with the confidence of those we serve to fulfill the
responsibilities of our roles. Our actions are deemed representative of those we serve and our
function, therefore, carries with it a greater responsibility than that of the private enterprise employee.
Our system of government is viewed by the public through our acts as we fulfill the demands of our
positions. We must demonstrate competency, integrity, honesty, courtesy and fairness in all
relationships, private and public, to best represent the type of government desired by all. We have a
patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary
government for all people. A departure from this ideal creates an injustice for all. (Ord. 87-1 § 2,
1987).
Article II. Position Classification Plan
2.52.020 Definition.
"Position classification plan" means a written document providing a common language for use by the
City Council, City Administrator, managers and employees in discussing or considering the duties and
responsibilities of authorized positions; a base for establishing an equitable pay plan; and needed
information in recruiting, selecting, promoting, transferring, and training employees or making
organizational changes. (Ord. 87-1 § 2, 1987).
2.52.030 Terms Used.
A. "Position" means a group of current duties and responsibilities assigned by the appointing
authority, requiring the full-time or part-time or intermittent employment of one person, or the
assignment of a volunteer.
B. "Class" or "class of position" means a group of positions sufficiently similar with regard to duties
and responsibilities that the same title may be used to designate each position in the class, the same
entrance requirements may apply to each position, the same test of fitness may be used to select
qualified employees, and the same schedule of pay may be applied with equity under substantially
the same working conditions. Classes may consist of only one position.
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C. "Class series" means two or more classes similar as to line of work and differing as to
responsibility and difficulty, arranged in a ladder of steps in a normal line of promotion.
D. "Allocation" means the formal action of a competent authority assigning a position to a class of
position based upon the nature of the position's duties, responsibilities, and qualifications required.
E. "Job description" means a written description of a class, identifying factors and conditions which
are essential characteristics of the class, including the title, examples of duties and responsibilities
which are typical of positions in the class, any factors or conditions which distinguish it from other
classes, and necessary or desirable qualifications to perform the duties of positions in the class. (Ord.
87-1 § 2, 1987).
2.52.040 Administration of the Plan.
A. City Administrator's Responsibilities. The City Administrator has responsibility for administrating
the plan.
B. Department Managers' Responsibilities. Department managers shall notify the City Administrator
in writing when the duties of a position are modified significantly, so a classification study can be
made of that position.
C. Class Specifications- New and Revised. When a classification study of an existing position
determines the need for a new classification or revision of an existing one, the City Administrator shall
cause the changes to be made.
D. Procedure for Implementation of Class Changes. The City Administrator proposes new positions
and revised class specifications to the City Council and takes appropriate action in related salary
matters on direction from the City Council.
E. Changes in Job Descriptions. The City Administrator may make changes in job descriptions when
information and documentation supports the need for the change. (Ord. 87-1 § 2, 1987).
Article Ill. Types of Positions/Employment Status
2.52.050 At-Will Employee Defined.
"At-will employee" means an employee who may be separated from service with or without cause.
(Ord. 96-7 § 1 (Exh. A), 1996; Ord. 87-1 § 2, 1987).
2.52.055 Types of Positions.
The following are the categories of positions used in the City:
A. Full-Time Position. Full-time positions are authorized budgeted positions which may only be filled
for the department's standard work week as approved by the City Council on a full-time basis and
entitled to the benefits negotiated by the applicable bargaining unit. Employees working 35 hours per
week or more shall be considered full-time.
B. Regular Part-Time Position(s). Regular part-time positions are those authorized by the City
Administrator to have regularly scheduled work weeks. Employees filling these positions shall work a
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Chapter 2.52 PERSONNEL SYSTEM* Page 7 of35
minimum of 1 ,000 hours in a fiscal year and less than the City's standard work week established for a
similar authorized position. Employees authorized for these positions shall be eligible for specific
benefits, determined by the number of hours authorized to work in the fiscal year, as follows:
1. 1,000 to 1,559 Hours Worked Per Fiscal Year. Those benefits required by applicable State
and Federal law, membership in the California Public Employees' Retirement System
(CaiPERS), and eligible for participation in the CaiPERS Health program at the employee's
expense. These positions shall be considered at-will employees.
2. 1,560 Hours Worked Per Fiscal Year and Less Than 1,819 Hours Worked Per Fiscal Year. All
benefits available to full-time positions, except that all leave hours, including but not limited to
vacation leave, general leave, sick leave and bereavement leave, shall be computed at 75
percent of the full-time position entitlements.
C. Temporary/Seasonal Part-Time Position(s). These positions work no more than 1,000 hours per
fiscal year and are eligible for only those benefits required by applicable State and Federal laws.
These employees shall be considered at-will employees.
D. Intermittent Fire Engineer(s). These positions shall be authorized by the City Administrator, and
shall work over 1 ,000 hours per fiscal year as hourly fire engineers. Employees in this classification
shall be entitled to the same dental/vision and medical coverages afforded full-time employees.
E. Paid-Call Firefighters. These positions work no more than 1 ,000 hours per fiscal year, unless
authorized by the City Administrator, and are eligible only for those benefits required by applicable
State and Federal laws, except that they may be entitled to the same City-funded dental/vision and
medical coverages afforded regular full-time employees at the employee only level, providing they
meet specific eligibility requirements as outlined by the City. These positions shall be considered at-
will employees.
F. Trainee Employee. These positions refer to newly hired or promoted employees filling either a full-
time or part-time position(s), and who have not yet completed the training and observation period for
that position. These employees shall be considered at-will employees. (Ord. 96-7 § 1 (Exh. A), 1996;
Ord. 87-1 § 2, 1987).
2.52.060 Employee Defined.
"Employee" means a person holding a specified position with the City. (Ord. 96-7 § 1 (Exh. A), 1996;
Ord. 87-1 § 2, 1987).
2.52.070 Employment Status.
The following are the categories of employment standing which City employees may have:
A. Regular Employee. "Regular employee" is the status of an employee filling a full-time or regular
part-time position after having completed a training and observation period for that class of position. If
the position is regular part-time, it must be authorized for at least one-half of a standard work week in
order for the incumbent to be eligible for regular status.
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B. Volunteer. "Volunteer" means any individual who performs services for the City upon request of the
City, and does not receive compensation from the City for the services provided. Volunteers working
for the departments must be approved by the department manager and the City Administrator.
Volunteers working for the Mayor and/or City Council must be approved by the Mayor and/or City
Council. (Ord. 96-7 § 1 (Exh. A), 1996; Ord. 87-1 § 2, 1987).
2.52.080 Volunteers - Guidelines.
Volunteers providing service to the City:
A. May use City equipment, except motor vehicles, to accomplish the task for the City;
B. Will not be included in the City's workers' compensation, automobile, or employee-negotiated
insurance coverages;
C. From time to time may be sent to meetings or seminars at City expense. These sessions must
assist the volunteer in accomplishing the task(s) assigned. Such training must be authorized by the
City Administrator for the volunteers working for departments and by the Mayor for volunteers working
for the Mayor and/or members of the City Council;
D. May receive from the City items such as identification cards, businesses cards, identification
badges and other similar incidental expense items, when appropriate;
E. May not take the place of any regular, budgeted City employee without going through the standard
personnel recruitment process as outlined in this chapter; and
F. Must sign a statement acknowledging an understanding of the guidelines pertaining to volunteers.
(Ord. 96-7 § 1 (Exh. A), 1996; Ord. 87-1 § 2, 1987).
Article IV. Recruitment, Selection and Appointment
2.52.090 Definitions.
The following are definitions of terms used in the recruitment and selection for City employment:
A. The "appointing authority" is the City Administrator for all positions except elective positions, City
Attorney, City Engineer, and City Treasurer. The City Administrator has responsibility for employment,
promotion, demotion, transfer, discipline, and dismissal of employees either directly or upon
recommendation of a department head.
B. "Department manager" means the administrative head or acting head of a department.
C. "Appointment" means selection by the City Administrator to fill either regular, temporary, or part-
time positions.
D. "Applicant" means a person who has filed an employment application for a position in accordance
with the City's procedures.
E. "Application" or "application form" means the official form designated by the City Administrator for
employment application purposes.
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F. "Candidate" means a person whose application form has been accepted as meeting the specific
qualifications for a class of position and the general requirements for City employment.
G. "Selection process" means the procedures used by the City in determining the suitability of a
candidate or candidates for employment consideration in a class of position. The procedures,
depending upon a specific selection, may include but are not limited to any of the following: written
tests of knowledge or ability, performance tests, oral examinations, personality profiles,
employment/background investigations, medical examinations, and employment interviews.
Prospective employees in the Police and Fire Departments may also undergo psychological and/or
polygraph examinations.
H. "Employment list" means a list which may be established of the names of persons, in order of
descending final ratings, who have been qualified for employment consideration through the City's
selection process.
I. "Recruitment announcement" means a printed bulletin or brochure for posting and distribution which
details the class of position opening, salary rate or range, examples of duties and responsibilities,
minimum or desirable education and experience requirements, a statement as to other than usual
working days, hours, or conditions, an outline of the selection process to be followed, the manner in
which application forms are to be submitted, and the final date for filing applications. (Ord. 87-1 § 2,
1987).
2.52.1 00 Recruitment and Selection Procedure.
When a position vacancy occurs or is impending which the City intends to fill, the following includes
steps usually taken under the direction of the City Administrator:
A. Prepare a recruitment announcement;
B. Distribute the recruitment announcement for posting in the various City facilities, organizations and
agencies;
C. Place paid advertisements in the appropriate news media and professional and technical
publications;
D. Receive and evaluate applications;
E. Notify applicants as to whether they are qualified for further consideration;
F. Provide disqualified applicants an opportunity to submit additional clarifying information if the
appointing authority requests it;
G. Notify candidates of the time and place of the selection process;
H. Conduct selection process;
I. Determine and notify successful candidates resulting from selection process; notify unsuccessful
candidates;
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J. Establish employment list, when appropriate, as determined by the appointing authority. (Ord. 87-1
§ 2, 1987).
At the discretion of the City Administrator the following may prevail:
A. Promotional Consideration. When a vacancy occurs or is impending, and the City Administrator
has reason to believe there are or may be highly qualified persons already employed within the City
organization, recruitment efforts may be limited to consideration of employees only. In this event the
procedure outlined in CMC may be modified. There is no obligation for the City
Administrator to consider in-house applicants only, nor once having initiated in-house recruitment,
discontinuing this process if it appears that the employee applicant(s) are not sufficiently well qualified
to justify recruitment and selection from within the organization. (Ord. 87-1 § 2, 1987).
2.52.115 Special Requirements for Appointment.
The following are special requirements which apply for appointment to a City position:
A. Pre-Employment Medical Examination. At the discretion of the City Administrator, appointment to
specified classes of positions is subject to medical examination of appointees by a competent
California-licensed physician designated or approved by the City Administrator. Such examinations
are to be conducted at City expense after tentative selection but prior to actual employment Medical
standards employed will necessarily take into account specific physical requirements for differing
classes of positions.
B. Background Checks and Fingerprints. At the discretion of the City Administrator, an employment
and personal background check will be made of all prospective employees. Further, no person shall
be employed in the Police Department until fingerprinted and the Chief of Police has certified no
record of felony conviction exists. (Ord. 87-1 § 2, 1987).
2.52.120 General Requirements for Appointment.
The City Administrator with the concurrence of the department manager may reject an application or
remove from an employment list anyone who does not meet the general requirements for City
employment. The basis for such action may include: failure to pass pre-employment medical
examination; dismissal for cause from public or private employment; misstatement on, or omission of,
material facts from a City employment application form; or an employment history or personal conduct
which demonstrates a lack of fitness for City employment. (Ord. 87-1 § 2, 1987).
2.52.125 Relocation Expenses.
The City Administrator is authorized to offer relocation expenses to management personnel relocating
from another area. The amount of relocation expense shall be established and/or amended by
resolution. (Ord. 87-1 § 2, 1987).
Article V. Training and Observation Period
2.52.130 Definition and Purpose.
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The training and observation period is the specified time during which a newly appointed employee's
performance of duties and responsibilities in a City class of position is evaluated. (Ord. 87-1 § 2,
1987).
2.52.135 Duration.
All City employees shall serve a training and observation period as established by applicable
memorandum of understanding. (Ord. 87-1 § 2, 1987).
2.52.140 Extensions Possible.
In six-month training and observation periods, if the department manager feels the normal training
and observation period is not long enough to fairly evaluate the trainee employee's performance, an
extension of up to three months may be authorized by the City Administrator. The extension request
and the approval or denial of the request shall all take place prior to the completion of the initial
training and observation period. Requests for extensions will be determined on a case-by-case basis
taking into consideration whether the extension will assist the trainee employee meet the minimum
performance standards of the job. (Ord. 87-1 § 2, 1987).
2.52.145 Failure to Meet Performance Standards.
At any time during a training and observation period, if the department manager determines that the
employee has failed to meet performance standards, the employee shall be removed from the
position. (Ord. 87-1 § 2, 1987).
2.52.150 Retention of Regular Status Previously Held.
An unsuccessful trainee employee who had regular status in a City position has the right to return to
that position if vacant at the salary range/step previously held. (Ord. 87-1 § 2, 1987).
2.52.155 Successful Completion.
Upon the successful completion of a training and observation period, an employee is granted status
in that class of position. This status can be granted only at the end of the training and observation
period, or any approved extension thereof, by the appointing authority upon recommendation of the
department manager. (Ord. 87-1 § 2, 1987).
Article VI. Promotion, Transfer, Voluntary Demotion
2.52.160 Promotion Defined.
"Promotion" means advancement of a City employee in a regular position to a position in another
class having greater responsibility and a higher salary range. (Ord. 87-1 § 2, 1987).
2.52.165 Promotion Policy.
The appointing authority will give preference to promotional candidates in a selection process who
are fully qualified for the higher level position and who have demonstrated by all aspects of their
employment history with the City their merit for promotional appointment. (Ord. 87-1 § 2, 1987).
2.52.170 Transfer Defined.
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"Transfer" means assignment of an employee in a regular position to another position in:
A. The same class in another department;
B. A different class which has the same salary range;
C. A different class which has a different but generally comparable salary range when, in the
judgment of the appointing authority, both classes are equivalent with respect to duties and
responsibilities. (Ord. 87-1 § 2, 1987).
2.52.175 Transfer Purpose.
The purpose of a transfer is to utilize the skills of an employee in another assignment. Transfer may
occur for a variety of reasons, including better career opportunities for the employee, the employee's
personal reasons, training of the employee, or the convenience of the City. (Ord. 87-1 § 2, 1987).
2.52.180 Transfer Policy.
Transfer may be initiated either by an employee with the approval of the City Administrator or by the
City Administrator. The transferred employee shall serve a training and observation period as
specified by appropriate memorandum of understanding. All training and observation requirements as
outlined shall apply. (Ord. 87-1 § 2, 1987).
2.52.185 Reassignment.
A department manager may reassign an employee from one position, in the same class, to another
within the department at any time. (Ord. 87-1 § 2, 1987).
2.52.190 Voluntary Demotion Defined.
"Voluntary demotion" means reduction initiated by an employee, in writing, in a regular position to a
vacant position in another class having lesser responsibilities and a lower salary range. (Ord. 87-1 §
2, 1987).
2.52.195 Voluntary Demotion Policy.
Wherever feasible, the City Administrator will accommodate the employee's wishes in this regard.
There must be satisfactory evidence of the employee's ability and fitness to perform in the lower class
for voluntary demotion to occur. The demoted employee shall serve a training and observation period
as outlined by the department and applicable memorandum of understanding. (Ord. 87-1 § 2, 1987).
2.52.200 Acting Status.
A. During the normal course of employment, employees may be required from time to time to perform
the duties of other positions within the department in which they are regularly employed. This may be
caused by an emergency need, vacations, illness, training, or other similar reasons.
B. In cases where a vacancy occurs because an existing employee leaves City service, is away from
City service because of an industrial disability, nonindustrial disability, disciplinary action or other
reason, the City Administrator may promote or transfer an individual to another position on an acting-
status basis for a period not to exceed six months. Prior to making the appointment, the City
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Administrator shall meet with the department manager and proposed employee to be transferred to
negotiate an equitable financial agreement. If an agreement is not reached with one employee,
another employee may be proposed for acting status. (Ord. 87-1 § 2, 1987).
2.52.210 Acting Status Transfer- Maximum Period Reached.
If the acting status transfer lasts the maximum time allowed (six months), the employee shall return to
the position held prior to the transfer and the position being held by the employee during the six
months acting status will remain open until filled by a new employee, return of the regular employee,
or hiring of an intermittent employee. If the position is that of a department manager, the acting status
may be extended upon agreement of the City Administrator and employee. (Ord. 87-1 § 2, 1987).
Article VII. Separations
2.52.220 Types of Separations.
Separations from City service include: resignation, failure to achieve regular status during the training
and observation period, dismissal, and layoff. (Ord. 87-1 § 2, 1987).
2.52.225 Resignation.
This is a voluntary separation of an employee. In order for an employee to leave City service in good
standing, a written, signed resignation must be submitted to the employee's department manager at
least two weeks in advance of the employee-designated separation date. With a department
Manager's agreement, less than two weeks is acceptable. A resignation shall be effective on the date
designated therein and if no date is designated, effective immediately. A written resignation is final
upon receipt by an employee's department manager and may not be withdrawn except by
authorization of the City Administrator when it is deemed that the City's best interests are served by
so doing. (Ord. 87-1 § 2, 1987).
2.52.230 Failure to Achieve Regular Status.
This is an involuntary separation of an at-will employee for failing to satisfactorily complete the
training and observation period. (Ord. 87-1 § 2, 1987).
2.52.235 Dismissal.
This is an involuntary separation of an employee. (Ord. 87-1 § 2, 1987).
2.52.240 Layoff.
This is an involuntary separation of an employee from a class of position, and from City service if the
employee cannot or does not wish to be placed in a lower class of position. Layoff occurs without
prejudice and without fault on the employee's part for any or all of the following reasons: abolition of
position; curtailment in funds; interest of economy; modification or reduction of service requirements;
displacement by another employee with greater layoff rights as defined by the City Council. (Ord.
87-1 § 2, 1987).
2.52.245 Order of Layoff.
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In the event that layoff is necessary, the City Administrator, in advance of layoffs, will develop a layoff
procedure which will require approval by the City Council. (Ord. 87-1 § 2, 1987).
Article VIII. Performance Evaluations
2.52.250 Purpose.
The primary purpose of an evaluation program is to motivate employees to work at their highest
capacity by better delineating work responsibilities, jointly establishing job standards and objectives,
reviewing progress toward achieving those results, and subsequently planning the employee's future
development; and providing a basis for rewarding employees according to their achievement. (Ord.
87-1 § 2, 1987).
2.52.255 Definitions and Roles.
For the purpose of this article only, the following shall apply:
A. "Employee performance evaluation" means a formal review of an employee's work performance,
documentation of the information, and discussion with the employee concerning work performance.
This process is also referred to by the terms "employee evaluation" and "employee rating."
B. "Evaluator" means the individual having full supervisorial or managerial responsibilities who
prepares and discusses the performance evaluation with the employee.
C. "Reviewer" means the individual who reviews the completed performance evaluation. The reviewer
is the department manager or City Administrator. The reviewer may attach supplemental comments
to the completed performance evaluation. (Ord. 87-1 § 2, 1987).
2.52.260 Department Manager's Responsibilities.
The department manager will have responsibilities in the following areas with respect to employee
performance evaluations:
A. Ensure that employees understand all the job duties and responsibilities in their formal job
description;
B. Ensure that all employees in the department receive performance evaluations in accordance with
the provisions of these rules, based upon their formal job description;
C. Ensure that all persons conducting performance evaluations in the department understand the
department's objectives, the purpose of performance evaluations, and the process of fairly and
impartially evaluating employees' work performance;
D. Ensure that employee performance evaluations are accomplished in a timely manner in
accordance with the provisions of these rules;
E. Ensure the security and confidentiality of employee performance evaluations by the following:
1. The evaluations will be typewritten. If typed by someone other than the evaluator, that
individual will be selected carefully and precautions will be taken to ensure that information
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about the employee evaluation does not extend beyond the person required to type the
evaluation.
2. Discussions with employees regarding performance evaluations shall be held in a manner
and location protecting the privacy of the discussion.
3. Performance evaluations and related materials will be protected from the scrutiny of
unauthorized persons at all times.
4. The original of the employee's performance evaluation will be secured in the employee's
central personnel file. (Ord. 87-1 § 2, 1987).
2.52.270 Documentation of Evaluations -Approved Forms.
All formal employee evaluation reports will be on forms approved by the City Administrator. (Ord. 87-1
§ 2, 1987).
2.52.275 Established Rating Periods - Frequency.
A. At-will employees will be evaluated every eight weeks during the training and observation period. It
is expected that meetings will be held between formal evaluations to discuss the employee's
performance. The final evaluation will occur no later than two weeks before the end of the training
and observation period. If the training and observation period has been extended, the final evaluation
will occur no later than two weeks before the end of the extended period.
B. Regular status employees will be evaluated at least annually. The annual evaluation will occur no
later than two weeks prior to the employee's anniversary date for the position held.
C. A department manager may evaluate employee performance more frequently than specified in the
preceding two sections as determined by:
1. Department policy for the entire department or for specialized or technical job classes;
2. Memoranda of understanding (MOUs);
3. Unsatisfactory job performance or performance needing improvement. (Ord. 87-1 § 2, 1987).
2.52.280 Evaluation Procedure.
The following general procedures will apply to the employee performance evaluation process:
A. The employee to be evaluated will be advised in advance of the time and place for evaluation
discussion. Such notification will not be less than one day in advance.
B. The evaluator will prepare in duplicate a written evaluation of the employee's work performance
which documents fulfillment of job standards and states areas of needed improvement and options
available to improve performance. If performance standards are not met by the next evaluation,
disciplinary action may be taken.
C. The evaluator will discuss the performance of the employee. If, during this discussion, the
employee disputes a fact(s) in the evaluation and provides evidence supporting the disputed fact(s),
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the evaluator may revise the evaluation to reflect accurately the information. If the evaluator does not
revise the evaluation, the employee may initiate a grievance.
D. The employee will be given an opportunity to review the completed written evaluation and any
addenda. The employee will be required to sign the evaluation acknowledging that the employee's
evaluation has been discussed with the employee. The employee will be told that signing the
evaluation does not indicate agreement with the evaluation.
E. The employee will be given 30 days from the date of acknowledgment to file written comments on
a separate written attachment which will become part of the employee's evaluation document. There
will be no appeal or other remedy available to an employee dissatisfied with the performance
evaluation.
F. The employee will be given a copy of the complete written evaluation containing the employee's
signature and the signature of the evaluator and reviewer.
G. The original of the evaluation is the official copy and it will be filed in the employee's central
personnel file. (Ord. 87-1 § 2, 1987).
2.52.285 Employee Rights for Review of Record.
An employee shall have the right to inspect and review any official record(s) relating to the
employee's performance. The contents of such records shall be made available to the employee for
inspection and review at reasonable intervals during the City's regular business hours. The employee
shall have the right to respond in writing or have a personal interview about any information with
which the employee disagrees. (Ord. 87-1 § 2, 1987).
Article IX. Disciplinary Actions
2.52.290 Applicability of Disciplinary Actions.
The disciplinary actions and procedural steps enumerated in this article apply to employees having
regular status in the City. Employees having regular status have the right to appeal and hearing. (Ord.
87-1 § 2, 1987).
2.52.295 Types of Disciplinary Action.
The following disciplinary actions are available: counseling, oral reprimand, written reprimand,
emergency suspension, suspension, disciplinary demotion, and dismissal. (Ord. 87-1 § 2, 1987).
2.52.300 Counseling.
Counseling includes any informal discussion with an employee designed to assist the employee to
fully develop skills and abilities. Counseling is usually conducted by the employee's immediate
supervisor. Counseling is not appealable. (Ord. 87-1 § 2, 1987).
2.52.305 Oral Reprimand.
An oral reprimand verbally notifies the employee that performance or behavior must be improved.
Oral reprimands are usually given by supervisors when counseling has failed to produce changes.
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The supervisor should record all pertinent information regarding the oral reprimand and write a
confirming memo to the employee. No record is placed in the employee's permanent personnel file
unless subsequent action is necessary. An oral reprimand is not appealable. (Ord. 87-1 § 2, 1987).
2.52.310 Written
"Written reprimand" means a written document presented to an employee regarding performance or
conduct problems. A copy must be provided to the employee and a copy placed in the employee's
personnel records. Within 10 working days following receipt of a written reprimand the employee shall
be permitted to file a written response to be attached to the reprimand. Both the reprimand and the
response will be included in the employee's personnel file. A written reprimand is appealable and if
the appeal is upheld all records of the incident will be purged from the employee's personnel file.
Written reprimands are given by department managers and/or the City Administrator. (Ord. 87-1 § 2,
1987).
2.52.315 Emergency Suspension.
A department manager or the City Administrator may immediately suspend, for a period of less than
five days, an employee who is guilty of misconduct. After such action is taken, the provisions of CMC
===must be promptly applied. (Ord. 87-1 § 2, 1987).
2.52.320 Suspension Defined.
"Suspension" means an involuntary absence without pay for a period of up to and including 15 days.
This action is available exclusively to the City Administrator. (Ord. 87-1 § 2, 1987).
2.52.325 Disciplinary Demotion.
An involuntary reduction of an employee from a position in one class to a position in another class
having lesser responsibility and lower salary range allocation. This action is available exclusively to
the City Administrator. (Ord. 87-1 § 2, 1987).
2.52.330 Dismissal.
Discharge or removal of an employee from City service. This action is available exclusively to the City
Administrator. (Ord. 87-1 § 2, 1987).
2.52.335 Department Manager Responsibilities.
A department manager who has knowledge of an employee's performance or conduct constituting
grounds for disciplinary action as listed in CMC shall initiate the appropriate disciplinary
procedure(s) or notify the City Administrator or in turn be subject to censure or discipline. (Ord. 87-1 §
2, 1987).
2.52.340 Causes for Disciplinary Action.
.......... ........ . ............... .
Including but not limited to:
A. Failure to meet job performance standard;
B. Refusal to perform job duties;
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C. Neglect of job duties;
D. Absence without leave;
E. Abuse of sick leave;
F. Any conduct which relates to the employment and results in the impairment or disruption of City
service;
G. Fraud or misrepresentation in securing employment;
H. Theft;
I. Drinking alcoholic beverages or using drugs on the job; or reporting for work under the influence of
alcohol or drugs;
J. Conviction of a felony or misdemeanor involving moral turpitude;
K. Willful violation of any Federal or State law, City ordinance or lawful departmental or City regulation
or order relating to the employee's job or position with the City;
L. Failure or refusal to work harmoniously with other workers or the public, where such action is
detrimental to the mission. (Ord. 87-1 § 2, 1987).
2.52.345 Outline of Procedural Steps in Disciplinary Actions.
Following is the sequence of steps which occur when an employee is disciplined by suspension,
disciplinary demotion, or dismissal:
A. Notice of intent to discipline: Prepared and served;
B. Employee's right to respond;
C. Notice of disciplinary action: Prepared and served;
D. Appeal process. (Ord. 87-1 § 2, 1987).
2.52.350 Notice of Intent to Discipline- Defined.
A written notice to inform an employee of intended disciplinary action prior to taking such action.
Preparation shall be at the direction of the City Administrator in consultation with the employee's
department manager. (Ord. 87-1 § 2, 1987).
2.52.355 Notice of Intent to Discipline- Content.
The order shall contain the following:
A. The intended disciplinary action and effective date;
B. The cause(s) forming the basis for the action against the employee;
C. Statement of specific act(s) or omission(s) upon which the disciplinary action is based;
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D. Right to Respond. The employee's right to respond orally or in writing to the department manager
within five working days of the delivery of the notice and that failure to respond will result in the
preparation of a notice of disciplinary action;
E. The employee's right to review all written materials relating to the proposed action and the right to
have representation. (Ord. 87-1 § 2, 1987).
2.52.356 Employee's Response to Notice of Intent to Discipline.
Within five working days of the service of a notice of intent to discipline, an employee may respond
orally or in writing to the department manager. If the employee's explanation or denial of the stated
charges is deemed by the department manager to be true and adequate, the charges shall be
dropped and no record entered into the employee's personnel file. If the employee's explanation or
denial of the stated charges is deemed by the department manager to be untrue or inadequate, a
disciplinary action order shall be prepared and served. (Ord. 87-1 § 2, 1987).
2.52.360 Disciplinary Action Order- Defined.
"Disciplinary action order" means a written order of disciplinary action by suspension, disciplinary
demotion, or dismissal. The order is prepared by the department manager for the signature of the city
administrator. (Ord. 87-1 § 2, 1987).
2.52.365 Disciplinary Action Order- Content.
The order shall contain the following:
A. The disciplinary action and effective date;
B. The cause(s) forming the basis for the action against the employee;
C. Statement of specific act(s) or omission(s) upon which the disciplinary action is based;
D. Right to Appeal. The employee will be informed of the right to appeal and the timing and procedure
for appealing and answering the charges as defined in CMC the right to review all written
materials relating to the disciplinary action, and the right to be represented at the hearing by the
employee's representative;
E. Failure to Appeal or Appear. The employee will be informed that the failure to appear at the
subsequent hearing will result in the City Administrator signing the order of disciplinary action. The
City Administrator's action will be final. (Ord. 87-1 § 2, 1987).
2.52.370 Service of Notice of Intent to Discipline and the Order of Disciplinary
Action.
Service of the notice of intent to discipline and the order of disciplinary action will be deemed
sufficient and complete when delivered in person to the employee or when it is posted by United
States certified mail to the last known address of the employee. (Ord. 87-1 § 2, 1987).
2.52.371 Employee Continues Duties During Five-Day Period.
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Except as otherwise provided, the employee will continue to perform the regular duties and
responsibilities of the employee's position until such time as the order of disciplinary action becomes
effective. (Ord. 87-1 § 2, 1987).
2.52.375 Immediate Paid Administrative Leave Pending Investigation.
Notwithstanding the procedures outlined, the City Administrator may immediately place the employee
on fully paid administrative leave pending investigation if there is good cause to believe that the
employee is guilty of extreme conduct which, if true, warrants disciplinary action, and which in the
opinion of the City Administrator imminently threatens to seriously disrupt the City service either
because of the nature of the conduct itself or because of its anticipated effect on others in the
department. In the event this action is taken, the City Administrator will comply with the procedures
described in CMC and at the earliest time practicable. (Ord. 87-1 § 2, 1987).
2.52.380 Appeal and Answer to Order of Disciplinary Action.
Within 10 working days of the service of the order of disciplinary action, the employee may appeal the
order by filing with the City Administrator a signed statement asking for a hearing and submitting a
signed written answer to the charges denying the allegations the employee does not believe to be
true, briefly stating the foundations for the employee's belief or otherwise explaining the employee's
conduct. Filing of the answer to the charges may be made in person or by United States mail posted
to arrive no later than the above specified time period. Upon request the City Administrator may
extend the time limit on a case-by-case basis. (Ord. 87-1 § 2, 1987).
2.52.385 Appeals Hearing Process.
The City Administrator will hear all evidence, review all documents and receive oral testimony. If the
City Administrator upholds the employee's appeal, the charges shall be dropped, the employee
reinstated, and a record of the City Administrator's decision placed in the employee's personnel file. If
the City Administrator denies the employee's appeal, the order of disciplinary action will be signed
and served. The decision of the City Administrator is final and not subject to appeal. (Ord. 87-1 § 2,
1987).
2.52.390 Signed Order of Disciplinary Action -Service.
When all administrative procedures as prescribed herein have been completed, the City Administrator
will serve the signed order of disciplinary action in accordance with CMC and file a copy with
the City Clerk.
Article X. Grievances and Their Resolution
2.52.400 Purpose of This Article.
................... . ........................................................................................................ .
This article provides a constructive process to identify and resolve in a fair, orderly, and expeditious
manner, employee grievances resulting from problems which may arise from working relationships
and conditions.
2.52.410 Definitions.
For the purpose of this article only, the following definitions shall apply:
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A. Grievance. "Grievance" means a complaint relating to any phase of an employee's employment or
working conditions which an employee believes has been adversely affected because of violation,
misapplication, or misinterpretation of an obligation to the employee as such obligation is expressed
and written in: the City personnel system ordinance; City or departmental written policies, rules or
orders; clearly established lawful past practice of a department; or the applicable current
memorandum of understanding with an employee organization.
B. Rejected Grievance. "Rejected grievance" means a grievance which is denied when in the opinion
of the appointing authority sufficient evidence is not presented justifying the grievance petition.
C. Grievance Conference. "Grievance conference" means a conference at any step in the process
between management and the employee.
D. City Administrator. "City Administrator" means the City Administrator or a representative
designated by the City Administrator.
E. Department Manager. "Department manager" means the administrative head or acting head of the
department involved, or a designated representative.
F. Employee. "Employee" means any person holding regular, temporary or intermittent employee
status.
G. Day. "Day" means calendar day. The time period for grievance purposes begins on the first day
following the day the grievance is filed or submitted to the next step. When the time period for a given
step in the grievance procedure ends on a weekend or on a holiday, it shall automatically be
extended to the next regular City workday.
H. Grievant. "Grievant" means any employee authorized to file a grievance.
I. Timely Initiation of Grievance Process. "Timely initiation of grievance process" means that all
grievants must initiate the grievance procedure within 10 days of first becoming aware of the alleged
violation.
J. Representatives. "Representative" means a person, who at the request of the employee or
management, is invited to participate in grievance conferences. (Ord. 87-1 § 2, 1987).
2.52.415 Right to Grieve.
Any employee shall have the right to present a grievance arising from employment in accordance with
the rules and regulations of this article. (Ord. 87-1 § 2, 1987).
2.52.420 Good Faith Required of All Parties.
All parties will act in good faith while attempting to reach a solution at the earliest possible step of the
procedure. The employee will have the assurance that filing a grievance will not result in reprisal of
any nature. (Ord. 87-1 § 2, 1987).
2.52.425 Right of Representation.
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An aggrieved employee will have the right to be represented or accompanied by a person of the
employee's choice if the complaint is not resolved at the informal level as provided for in Step 1 of the
grievance procedure. (Ord. 87-1 § 2, 1987).
2.52.430 Grievance Processing on City Time.
The processing of a grievance will be considered as City business and the employee and the
employee's representative will have reasonable time and facilities allocated for this purpose. (Ord.
87-1 § 2, 1987).
2.52.435 Extension of Established Time Limits.
The time limits established herein may be extended by mutual agreement. (Ord. 87-1 § 2, 1987).
2.52.440 Failure to Meet Time Limits - Management.
If there is failure by management to respond within the specified time limits, the employee may
process the grievance at the next step in the procedure. (Ord. 87-1 § 2, 1987).
2.52.445 Failure to Meet Time Limits- Employee.
If the employee at any step of the procedure fails to appeal the decision on a grievance within the
specified time limit, such decision will be deemed accepted and not subject to further appeal or
consideration. The City Administrator may waive this provision upon a showing of good cause. (Ord.
87-1 § 2, 1987).
2.52.450 Limitations on Authority.
At any level in the grievance procedure the employee will be told if the resolution of the grievance is
above the authority at that level. The employee will then be directed to the proper level in the
grievance procedure. (Ord. 87-1 § 2, 1987).
2.52.455 Right to Consult on Grievance Filing Procedure.
An employee is assured the right to consult with the employee's supervisor, department head, or
personnel officer, without prejudice, concerning the manner, form and/or procedure for filing a
grievance. (Ord. 87-1 § 2, 1987).
2.52.460 Grievance Forms.
Standard grievance forms and this article of the Personnel System Ordinance governing grievances
and their resolution will be made available in the individual departments and in the City Personnel
Office. (Ord. 87-1 § 2, 1987).
2.52.465 Representative- Rights and Obligations.
A. Employee's Representative. An employee may be represented or accompanied by a person of the
employee's choice at any step in the grievance procedure beyond Step 1. If a representative is used,
the following shall apply:
1. The name of the employee's representative will be given to management not less than 24
hours prior to any grievance conference.
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2. If the representative is another City employee, such representative will not be released during
working hours without advance approval of the representative's supervisor.
3. The representative's supervisor shall grant a reasonable amount of time off; provided such
would not unreasonably interfere with City work.
B. Grievance Conferences. Grievance conferences are normally conducted during regular working
hours at a mutually convenient time.
C. Investigation of Grievances During Working Hours. These investigations by an employee and the
employee's representative, if any, will be in accordance with the following:
1. Approval of a job site supervisor must be obtained prior to the representative entering any job
site.
2. There shall be no solicitation of other grievances.
3. The investigation shall be conducted in a reasonable amount of time and expeditiously so as
to not impede the City's work requirements.
4. Time spent after the close of the regular work in investigating will be the employee's and
representative's own time.
5. Entry to a job site will not be permitted if it would unreasonably interfere with or delay City
work.
6. All safety regulations relating to the presence or conduct of persons at the job site shall be
complied with. (Ord. 87-1 § 2, 1987).
2.52.470 Grievance Procedure.
A Step 1 -Informal Grievance. An employee wishing to grieve will discuss the matter informally with
the employee's immediate supervisor. The supervisor will give an oral decision to the employee within
five days subsequent to the discussion. If the immediate supervisor is the topic of the grievance and
the employee believes face-to-face discussion of the grievance will serve no added value, the
employee will tell the supervisor that the supervisor is the topic of the grievance and that the formal
grievance procedure will be implemented.
B. Step 2- Formal Grievance. If the employee is dissatisfied with the immediate supervisor's oral
decision, the grievance may be pursued by submitting it in writing on the City's grievance form to the
supervisor within five days of the decision given in Step 1. Failure to complete this procedure will bar
further consideration of the grievance. The supervisor shall schedule a grievance conference at a
mutually agreeable time, hear the grievance, and render a written decision to the employee within 10
days of receipt of the formal grievance. An employee representative may attend the grievance
conference.
C. Step 3- Departmental Appeal. If the employee wishes to appeal the supervisor's written decision,
a copy of the grievance and the supervisor's response must be submitted on the City's grievance
form to the employee's department manager within five days of receipt of the supervisor's decision. If
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the employee is a department manager, proceed to Step 5. Failure to complete this procedure will bar
further consideration of the grievance. The department manager shall schedule a grievance
conference at a mutually agreeable time, hear the appeal, and render a written decision to the
employee within 10 days of the grievance conference. An employee representative may attend the
grievance conference.
D. Step 4- Administrative Appeal. If the employee wishes to appeal the department manager's
written decision, the appeal must be submitted to the City Administrator within five days of receipt of
the department manager's decision. The written appeal must be made on the City's grievance form
and will include the original grievance and management responses, if any. Failure to complete this
procedure will bar further consideration of the grievance. The City Administrator shall schedule a
grievance conference at a mutually agreeable time, hear the appeal, and render a written decision to
the employee within 10 days of the grievance conference. An employee representative may attend
the grievance conference.
E. Step 5 - Department Manager's Appeal. The City Administrator is the immediate supervisor for all
department managers. If a department manager is a grievant and wishes to appeal the decision of
the supervisor, the appeal shall be heard by a mutually agreed upon, independent hearing officer who
shall be compensated by the City. Once selected, the independent hearing officer must receive the
appeal within five days. The written appeal must be made on the City's grievance form and will
include the original grievance and supervisor response, if any. Failure to complete this procedure will
bar further consideration of the grievance. The independent hearing officer shall schedule a grievance
conference at a mutually agreeable time, hear the appeal, and render a written decision to the
department manager within 10 days of the grievance conference. An employee representative may
attend the grievance conference. (Ord. 87-1 § 2, 1987).
2.52.475 City Administrator's Decision - Final.
Where grievances are pursued to the City Administrator, the City Administrator's decision will be final.
(Ord. 87-1 § 2, 1987).
2.52.480 Independent Hearing Officer's Decision - Final.
Where grievances are pursued by department managers to an independent hearing officer, the
hearing officer's decision shall be final. (Ord. 87-1 § 2, 1987).
2.52.485 More Expeditious Grievance Handling Not Prohibited.
Nothing in this article is stated or implied which shall prohibit a more expeditious handling of a
grievance. (Ord. 87-1 § 2, 1987).
2.52.490 Grievance Procedure Does Not Apply to Unlawful Actions.
The grievance procedure is not intended to apply to instances wherein an employee becomes aware
of clearly unlawful acts or actions involving City operations in any aspect including City funds,
equipment, personnel, or facilities. In these instances an employee is encouraged to bring pertinent
information directly to the attention of either the department manager or the City Administrator. (Ord.
87-1 § 2, 1987).
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Article XI. Salaries, Benefits, and Leaves
2.52.500 Plan-
The purpose of the salary plan is to provide a fair and equitable system for reimbursement to City
employees in all classifications for their services rendered. The plan is based upon the application of
progressive salary administration principles, and procedures governed by State law concerning
negotiations with recognized bargaining units of employees. (Ord. 87-1 § 2, 1987).
2.52.510 Administrator's Role.
The role of the City Administrator or a designee of the City Administrator includes the following:
A. Periodically recommending to the City Council changes in salary range for each City class of
position based upon the availability of funds and the considerations outlined in subsections (B) and
(C) of this section.
B. Periodically developing data concerning salaries and rates paid by other agencies and
organizations for comparable City classifications, and data concerning cost of living or other factors
as governed by City policy.
C. Using the data developed as a base for negotiating with the recognized bargaining units of
employees and for use in determining appropriate salary ranges.
D. Administering the salary plan. (Ord. 87-1 § 2, 1987).
2.52.520 Basic Elements of the Salary Plan.
A. Salary Schedule. The salary schedule is an instrument used for the orderly and equitable
application of City salaries to all positions in the organizational structure. The schedule consists of a
series of equally spaced ascending salary ranges, each identified by a range number.
B. Salary Resolution. A salary resolution adopted by the City Council establishing the legal current
salary range from the salary schedule for each class of position. The salary resolution is adopted
annually or periodically by the City Council upon review and recommendation of the City
Administrator in accordance with the provisions outlined in CMC Other amendments may
be made from time to time, as required, by the City Council. (Ord. 87-1 § 2, 1987).
2.52.525 Pay Periods.
The pay periods are:
A. The first through the fifteenth of the month.
B. The sixteenth through the last day of the month. (Ord. 87-1 § 2, 1987).
2.52.530 Basic Work Week.
The work period for City employes is eight hours per day, 40 hours per week, except as elsewhere
provided in this chapter. (Ord. 87-1 § 2, 1987).
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2.52.535 Practical Work Week.
The operations of some departments require that some employees work on days at times other than
the basic work period. Authorization for a practical work period will be made by the City Administrator
as service needs require. (Ord. 87-1 § 2, 1987).
2.52.540 Fire Personnel Work Week.
Fire Department operations require 24-hour-per-day staffing. Fire officers and the dispatcher clerk
work a 40-hour work period. All other personnel work a designated period agreed upon during the
negotiation process relying on guidelines established by the Fair Labor Standards Act. (Ord. 87-1 § 2,
1987).
2.52.545 Salary Plan Administration.
A. Salary Ranges/Steps- Employment and Advancement. New employees are normally hired at the
first step of the salary range for the classification in which hired. However, the City Administrator may
approve hiring at a step in the range above the first step when the new employee possesses
exceptional qualifications.
B. Advancement to each succeeding salary step occurs normally each year on the employee's
However, the City Administrator may authorize a within-range
step adjustment, bypassing the normal numerical sequence for outstanding performance. (Ord. 87-1
§ 2, 1987).
2.52.550 Anniversary Dates.
An employee's anniversary date is established or changed as follows:
A. Initial Employment. The anniversary date for payroll purposes is established as the beginning of
the pay period in which employed as a regular employee if the employee begins work on the first
working day of that pay period. Otherwise, the beginning date of the next succeeding pay period
establishes an employee's anniversary date.
B. Demotion. The anniversary date of any demoted employee will change to the effective date of the
demotion.
C. Transfer. The anniversary date of an employee who transfers or is transferred will remain
unchanged.
D. Promotion. The anniversary date of an employee who promotes will change to the effective date of
the promotion.
E. Return From Leave of Absence. An employee returning from an unpaid leave of absence of more
than 3CY;days will have the anniversary date extended for the length of time the employee was on
leave. Military leaves are exempt.
F. Reclassification. The anniversary date of an employee whose position is reclassified will remain
unchanged. (Ord. 87-1 § 2, 1987).
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2.52.555 Merit Step Advancement.
Merit salary step advancement occurs on an employee's anniversary date and can be granted only
upon the department manager's performance evaluation report confirmed by the City Administrator.
(Ord. 87-1 § 2, 1987).
2.52.560 Denial/Delay of Step Advancement.
The employee's department manager or the City Administrator may deny or delay an increase if the
employee's overall job performance evaluation is not satisfactory. The employee must be notified of
the reason for the denial or delay. The department manager or City Administrator may approve an
employee's merit salary increase at any time prior to the next anniversary date upon the employee's
overall job performance evaluation becoming satisfactory. (Ord. 87-1 § 2, 1987).
2.52.565 Effective Dates of Salary and Personnel Changes.
------····---·-------·· ........................... ·········································· .................... ··································· .......................... .
Merit salary step advancements, promotions, demotions, transfers and other actions affecting an
employee's salary or status may be effective only at the beginning of a pay period. Excluded from this
requirement are disciplinary actions, resignations, and retirements. (Ord. 87-1 § 2, 1987).
2.52.570 Salary Determination -Promotions.
When an employee is promoted, salary advancement shall be to a rate in the new range which
provides at least five percent more than the employee's current rate. The new rate shall not exceed
the maximum of the new range. (Ord. 87-1 § 2, 1987).
2.52.575 Salary Determination - Transfer.
When an employee is transferred, the salary rate shall remain unchanged. (Ord. 87-1 § 2, 1987).
2.52.580 Salary Determination -Voluntary Demotion.
............................. . ........... .,. ........... .. ....................................... .
When an employee voluntarily demotes, the salary rate will remain unchanged, but "Y" rated if
applicable. (Ord. 87-1 § 2, 1987).
2.52.585 Salary Determination - Disciplinary Demotion.
When an employee is given a disciplinary demotion, the employee will be cut to a rate in the new
range commensurate with the cause for disciplinary action as determined by the City Administrator.
(Ord. 87-1 § 2, 1987).
2.52.590 Salary Determination -Reclassification of Position.
A. When an employee is reclassified to a lower classification the salary rate will remain unchanged. If
this rate lies between two steps in the range for the lower classification, the employee's salary will be
advanced to the higher step. If the employee's salary rate prior to the reclassification exceeds the top
step of the new salary range it will be "Y" rated. "Y" rating simply means that these employees will
continue to receive their present salaries- but not receive general cost-of-living increases- until
such time these latter increases applied to the salary ranges for their classifications result in their
salaries again falling within their respective ranges.
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B. An employee reclassified to a higher classification will receive a salary rate advancement to the
same step in the new range. (Ord. 87-1 § 2, 1987).
2.52.595 Overtime Defined.
"Overtime" is time which an employee is required to work beyond those hours stipulated in the
employee's basic work period, fire personnel work week, practical work period or work day as
established by the applicable memorandum of understanding, but in no event below the standards
defined in the regulations of the Fair Labor Standards Act. (Ord. 87-1 § 2, 1987).
2.52.600 Overtime Authorization.
Overtime shall be worked only upon prior authorization of the department manager or designee. (Ord.
87-1 § 2, 1987).
2.52.605 Overtime Compensation.
Overtime compensation for all employees except those exempt by Federal guidelines will be on the
basis of compensatory time off at the rate of time-and-one-half off for time worked or, when
authorized, payment on time-and-one-half basis for time worked. (Ord. 87-1 § 2, 1987).
2.52.610 Overtime Compensation - Personnel.
Overtime work for nonexempt firefighting personnel will be on the basis of one-and-one-half times the
hourly rate computed on the basis of the Fair Labor Standards Act guidelines and applicable
memorandum of understanding. (Ord. 87-1 § 2, 1987).
2.52.615 Compensatory Time Off- Use of Accrued Hours.
Requests to use compensatory time must be permitted within a reasonable period after making the
request. A reasonable period will be determined by the customary work practice of the City
department and the facts and circumstances of each case. (Ord. 87-1 § 2, 1987).
2.52.620 Record of Overtime Worked.
Overtime records will be recorded and maintained by individual departments and transmitted to the
payroll office. Compensatory time off records will be recorded and maintained by individual
departments and inspected periodically by the Personnel or Payroll Departments. All records will be
recorded and preserved in compliance with the Fair Labor Standards Act guidelines. (Ord. 87-1 § 2,
1987).
2.52.625 Vacations - Accrual.
All regular employees who accrue vacation benefits will accrue the time specified in the applicable
memorandum of understanding. Regular part-time positions regularly working a minimum of 20 hours
per week accrue, prorated on a monthly basis, from the time of initial appointment. (Ord. 87-1 § 2,
1987).
2.52.630 Vacations - Eligibility for Use.
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After one year of continuous service an employee is eligible to use accrued vacation time. (Ord. 87-1
§ 2, 1987).
2.52.635 Vacations-
Vacation scheduling is the responsibility of individual department managers. (Ord. 87-1 § 2, 1987).
2.52.640 Vacations - Maximum Accrual Allowed.
The maximum amount of vacation time that may be held in an unused status shall be the amount an
employee is entitled to accrue in two anniversary years. Exceptions may be granted by the
department manager with approval by the City Administrator. (Ord. 87-1 § 2, 1987).
2.52.645 Vacations -Compensation Upon Separation.
Regular employees who have at least one year of continuous service are entitled to monetary
compensation equal to the value of the accrued vacation time. (Ord. 87-1 § 2, 1987).
2.52.650 Management Leave.
Designated management personnel, in addition to vacation time, are entitled to additional hours of
paid leave, or a pro rata amount if not in a management position for a full year, during each fiscal
year. The amount shall be defined in the applicable memorandum of understanding or contract.
Unused hours shall not be carried over to succeeding years nor compensation paid for any unused
hours at the time of resignation, retirement, or dismissal. (Ord. 87-1 § 2, 1987).
2.52.655 Vacations - Compensation for Unused Vacation.
Unused vacation hours may be sold back to the City up to a specified amount of hours as designated
in the applicable memorandum of understanding. (Ord. 87-1 § 2, 1987).
2.52.660 Sick Leave Accrual- Employees Hired Prior to November 1, 1984.
Regular employees entitled to accrue sick leave and who were hired prior to November 1, 1984, shall
be entitled to accumulate an unlimited amount of sick leave hours. The formula for compensation
upon retirement will be the current hourly rate of the employee, times the total accumulated sick leave
hours, divided by one-half. Upon resignation after five years of continuous service, the formula for
compensation will be the current hourly rate of the employee times the total accumulated sick leave
hours, divided by one-fourth. (Ord. 87-1 § 2, 1987).
2.52.665 Sick Leave Accrual- Employees Hired After November 1, 1984.
Regular employees entitled to accrue sick leave and who were hired after November 1, 1984, will
accumulate an unlimited number of sick leave hours. A maximum of 600 hours will be the total
amount for which the City reimburses the employee upon termination of resignation from
employment. This provision does not apply to employees resigning with less than five years of
continuous service who shall not be entitled to any compensation. Severance from employment after
five years will result in reimbursement at 25 percent of accumulated sick leave hours, with a
maximum of 600 hours, times the actual hourly rate at the time of resignation. Upon retirement, the
rate shall be adjusted from 25 percent to 50 percent. (Ord. 87-1 § 2, 1987).
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2.52.670 Sick Leave- Credit.
Sick leave, including medical and other doctor appointments, shall be charged against an employee's
credit only for regular working days and shall not be charged for time absent on holidays or other
authorized days off. Charges against an employee's credit shall be rounded off to the lowest hour, for
example:
Time Off Work Time Charged
55 minutes or less 0
1 hour 1 hour
1 hour and any segment of 1 hour
the next hour
If an employee becomes sick on scheduled vacation time, the department manager may, with
acceptable documentation, authorize the use of sick leave instead of vacation leave. (Ord. 87-1 § 2,
1987).
2.52.675 Sick Leave- Physician's Statement Required.
A physician's statement can be required at the option of the department manager, when the
employee has been absent from work for three or more consecutive work days. The same
requirement applies if the employee has been absent from work for four or more days in any 30-day
period. (Ord. 87-1 § 2, 1987).
2.52.680 Sick Leave- Department Notification.
When required to be off the job because of illness or disability, the employee or someone in the
employee's behalf must notify the employee's supervisor within a reasonable time of the employee's
scheduled starting time for resuming work. (Ord. 87-1 § 2, 1987).
2.52.685 Sick Leave- Use for Family Illness or Bereavement.
Accrued sick leave may be used for serious illness, disability, or death in the employee's immediate
family as described in the appropriate memorandum of understanding. This use shall not exceed the
limit prescribed by the applicable memorandum of understanding. Immediate family is defined as the
employee's spouse, child, stepchild, parent, stepparent, grandparent, sibling, mother-in-law, father-in-
law, sister-in-law, and brother-in-law, or any other person approved by the department manager. The
department manager may require that the employee furnish satisfactory proof to substantiate the
above sick leave use. (Ord. 87-1 § 2, 1987).
2.52.690 Military Leave- Annual Paid.
An employee having regular status is entitled to City-paid leave not to exceed 30 calendar days in
any one-year period for training duty in any branch of the United States armed services. This leave
shall be granted in accordance with provisions of the California Military and Veterans' Code.
However, a request for annual military leave can be honored only if accompanied by a copy of the
employee's official military orders showing the employee's name and other identifying information,
and the starting and completion dates of leave. The order must also show the date of the orders and
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other official information including the name and rank of the person issuing the orders. Since annual
training dates are ordinarily established months in advance of duty, an employee must inform the
employee's supervisor as soon as the training dates are known. Actual request for leave and official
military orders should be submitted no later than 15 days prior to the requested leave beginning date.
(Ord. 87-1 § 2, 1987).
A. An employee having trainee status shall be granted a short-term or extended leave when called to
active duty, in accordance with the provisions of the California Military and Veterans' Code. This
requirement for proof of military orders specified in CMC also applies to unpaid military
leave.
B. Sick leave and vacation do not accrue to the employee while on leave, but the employee's
anniversary date remains unchanged. (Ord. 87-1 § 2, 1987).
2.52.705 Leave Without Pay- Types.
This term refers to leaves requested by an employee in advance of a proposed starting date, and
approved by the City Administrator upon the recommendation of the employee's department manager
as being in the interest and welfare of the department or City. Leaves without pay may be granted for
any of the following purposes with specific requirements, as applicable, noted:
A. Illness. Used for any legitimate illness including temporary medical or psychiatric problems. This
leave is used only when an employee has exhausted accrued sick leave and all other accrued leave.
Requests for leave must include a statement from the physician specifying the nature of the illness
and the time of anticipated release for return to active duty. In these situations, it may be possible for
medical insurance benefits to continue. This will depend on an evaluation of many factors, including
but not limited to policy contract language and evaluation by the City Administrator. After the
evaluation is completed, if approval is given to continue medical insurance, the employee shall be
responsible for payment of the appropriate premium once any "grace period" has elapsed.
B. Education or Training. Used when the kind of education or training is likely to enhance the City's
capabilities to provide service to the public. The leave should have as its objective either to increase
the employee's effectiveness in the current job, or enhance the employee's advancement within City
service.
C. Paternal Leave. Used when the employee requires time off at any time during a pregnancy,
adoption of a child, because of physical condition related to a pregnancy, or subsequent to delivery to
recuperate or provide care for the newborn or newly adopted.
D. Personal. Used when none of the above apply and the employee's personal situation is such that
leave is desirable or needed.
E. Compulsory. Used when in the opinion of the department manager, an employee is unable to
perform the duties of the employee's position properly because of physical or mental reasons which
jeopardize the health and safety of the employee, fellow workers or the public, or which create a
situation in which the City is unable to provide proper services to the public. In these instances, an
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employee may be required to submit to an examination by a physician designated or approved by the
City Administrator. Subject to the physician's findings, the employee may be required to take
sufficient leave without pay, in the absence of accrued sick leave or vacation, until such time that the
employee is capable of adequately performing the duties and responsibilities of the position. (Ord.
87-1 § 2, 1987).
2.52.710 Leave Without Pay- Duration.
All leaves without pay are to be for the minimum time period necessary to accomplish the objective of
the leave. Leave without pay may be granted for not to exceed six months' duration, except by
specific advance authorization of the City Administrator when there are extenuating circumstances.
Prior to the expiration of the initial leave, the employee may request an extension to the leave, but
such extensions are to be considered exceptions to the rule and approval can be granted only by the
City Administrator. (Ord. 87-1 § 2, 1987).
2.52.715 Leave Without Pay- Request Procedure.
Except for compulsory leave, leave requests may only be initiated by an employee. Leave requests
must be submitted reasonably in advance of the proposed effective date. An employee's typed
request must include the date the request is submitted, type of leave requested, substantiating
information as to the need for leave, beginning and ending dates of the leave, and the employee's
signature. The department manager, after reviewing the request, will recommend approval or
disapproval and submit it to the City Administrator for final action. If the action is one of disapproval,
the reasons will be specified to the employee, in a typed notification. (Ord. 87-1 § 2, 1987).
2.52.720 Leave Without Pay- Approval Considerations.
When reviewing and acting upon leave requests, the department manager and the City Administrator
shall take into consideration the request's conformance with the provisions herein set forth for the
specific type of leave and the impact which the leave might be expected to have on the employee,
departmental and City operations, and other persons who may be required to replace or assume the
duties of the employee on leave. (Ord. 87-1 § 2, 1987).
2.52.725 Leave Without Pay- Early Return From.
An employee who is on approved leave and wishes to return prior to the expiration of the leave will be
required to give reasonable notice, but not in excess of 15 calendar days, before returning to the job.
(Ord. 87-1 § 2, 1987).
2.52.730 Leave Without Pay- Revoked.
An approved leave may be revoked, at any time during the leave, upon evidence that the cause for
granting the leave was misrepresented or ceased to exist. (Ord. 87-1 § 2, 1987).
2.52.735 Holidays- Designated.
A. The City observes holidays as specified in applicable memorandums of understanding.
B. In the event a holiday falls on a Saturday, City departments shall remain open on the preceding
Friday, but employes shall receive either that Friday or the following Monday as in-lieu holidays, the
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choice of which day to be at the department manager's discretion. If a holiday falls on a Sunday, it
shall be observed on Monday. (Ord. 87-1 § 2, 1987).
2.52.740 - Entitlement.
Regular employees are entitled to paid holidays. If a holiday falls on an employee's nonwork day,
then the employee's next succeeding work day shall be considered a holiday. Firefighting employees
shall not be entitled to time off for holidays but instead shall be paid on the basis of an eight-hour shift
established by memorandum of understanding. Such pay to be in addition to any pay earned for shifts
actually worked. (Ord. 87-1 § 2, 1987).
2.52.745 Medical, Dental and Vision Insurance.
All regular employees are entitled to receive medical, dental, vision, life, accidental death and
disability insurance as established by applicable memoranda of understanding. (Ord. 87-1 § 2, 1987).
2.52.750 Uniform Allowance for Certain Employees.
Certain employees shall be entitled to receive a monthly uniform allowance as established by
applicable memorandum of understanding. (Ord. 87-1 § 2, 1987).
2.52.751 Retirement
The City is a member of the Public Employees' Retirement System and provides a retirement option
for eligible employees. The type of plan and plan amendments are specified in the applicable
memorandum of understanding. (Ord. 87-1 § 2, 1987).
2.52.752 Delegation of Authority.
The City Administrator is authorized to initiate employer-initiated disability retirement procedures with
the Public Employees' Retirement System. (Ord. 87-1 § 2, 1987).
Article XII. Personnel Records and Policies
2.52. 760 GeneraL
The City shall maintain, under the direction of the City Administrator, records pertaining to current and
past City employees. The City shall develop, maintain, and distribute personnel policies included in
procedural and policy statements. The City has an obligation to insure that City employees are
informed of their rights, benefits, and responsibilities under these policies. (Ord. 87-1 § 2, 1987).
2.52.765 Employees' Role.
Employees are hired to provide the necessary services and protection to the citizens of the
community. (Ord. 87-1 § 2, 1987).
2.52.770 Payroll Records.
Current records shall be maintained for pay and related benefits for each employee. These records
will include the salary rate to which the employee is entitled, anniversary dates, adjustments in salary,
vacation and sick leave accrued and used, overtime worked, compensatory time off accrued and
used, unpaid time off, and any authorized payroll deductions. (Ord. 87-1 § 2, 1987).
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2.52.775 Personnel Files- Contents.
The City will maintain in a central location and under the City Administrator's direction a personnel file
for each current employee. Personnel files will also be retained in inactive status for past employees
as specified in Federal and State laws. An employee's personnel file will contain, but will not be
limited to, the following: application forms for initial employment and subsequent promotions, all
personnel transaction forms, performance evaluation records, records of disciplinary action, notices
or letters of commendation, training records, records of on-the-job accidents or injuries, and requests
for and action concerning leaves without pay. (Ord. 87-1 § 2, 1987).
2.52.780 Personnel Files- Security.
Personnel files are private and confidential. All persons will insure that confidentiality of the records is
not revealed, nor open to scrutiny by the casual observer, nor the contents altered or removed.
Personnel files may be reviewed only upon authorization of the City Administrator or designatee with
reasonable notice. Any review will be in the immediate presence of the employee having custody of
the files. (Ord. 87-1 § 2, 1987).
2.52.785 Personnel Policies.
New personnel procedures or policies, and policy statements may be prepared and distributed under
the direction of the City Administrator. Department managers, subject to the City Administrator's
approval, will develop and implement written departmental personnel policies. General personnel
policies follow. (Ord. 87-1 § 2, 1987).
2.52.790 Jury/Witness Duty.
Employees called for jury duty during normal working hours will be excused from work as required to
attend this duty, and will continue to receive regular salary. Documentation of the notice to serve and
actual service will be provided the department manager by the employee. Any compensation derived
from this duty during normal working hours, except for mileage or related automobile expense when
the employee's personal automobile is used, will be reimbursed by the employee to the City. (Ord.
87-1 § 2, 1987).
2.52.795 Safety.
The City and its employees have a mutual obligation to insure that safe working conditions and
practices are followed. Employees will report unsafe working conditions or equipment to their
supervisors. Employees deliberately violating or ignoring safe work practices and procedures are
subject to disciplinary action. (Ord. 87-1 § 2, 1987).
2.52.800 Training.
Responsibility for the development of training programs is shared by department managers and the
City Administrator. (Ord. 87-1 § 2, 1987).
Article XIII. Workers' Compensation
2.52.900 Workers' Compensation - Purpose.
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The purpose of workers' compensation is to compensate workers or their dependents for injury,
disability, or death sustained in the course of employment. Compensation includes provisions of
medical, surgical, hospital, and other remedial treatment. (Ord. 87-1 § 2, 1987).
2.52.905 Job-Incurred Injury, Illness, or Accident- Reporting.
An employee involved in an accident, or suffering an injury or illness while on the job site or while
performing the duties and responsibilities of the employee's position, must report this information
immediately to the employee's supervisor or other departmental management representative. Failure
to report may be grounds for disciplinary action or denying workers' compensation. Special forms are
available for reporting occupational accidents, injuries or illnesses. (Ord. 87-1 § 2, 1987).
2.52.910 Employees Covered.
All employees are covered under the workers' compensation coverage for the City, unless coverage
is specifically prohibited, i.e., volunteers, by other sections in this chapter. (Ord. 87-1 § 2, 1987).
2.52.915 Workers' Compensation- Benefits.
wages are not made for the first three days an employee is unable to work (including weekends). For
this period of time the City will continue to pay the employee's salary. If an employee is hospitalized
or off more than 21 days, payments will be made even for the first three days. (Ord. 87-1 § 2, 1987).
2.52.920 Safety Personnel - Benefits.
Employees in the workforce classified as safety personnel, i.e., police and fire, shall be entitled to
workers' compensation benefits as outlined in the Government Code of the State of California. (Ord.
87-1 § 2, 1987).
2.52.925 Combination of Benefits.
Nothing shall prohibit the City from combining workers' compensation benefits with other protection
coverages, i.e., long-term disability insurance, as long as the proper meet-and-confer process is
observed. (Ord. 87-1 § 2, 1987).
The Carmel-by-the-Sea Municipal Code is current through
Ordinance 2014-05, passed May 6, 2014.
Disclaimer: The City Clerk's Office has the official version of the
Carmel-by-the-Sea Municipal Code. Users should contact the
City Clerk's Office for ordinances passed subsequent to the
ordinance cited above.
http://www.codepublishing.com/CA/CarmelbytheSea/html/carmel02/Carmel0252.html 7/27/2014
Case5:14-cv-03084-RMW Document11 Filed08/01/14 Page40 of 41
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")Q
STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
NEWPORT BEACH
CERTIFICATE SERVICE
I certify that on August 1, 20 14 the foregoing document was served on all
parties or their counsel of record through the CM/ECF system if they are registered
users or, if they are not, I hereby certify that a true and correct copy was served in
the manner set forth below:
BY EMAIL: by transmitting via electronic mail the document(s) listed
above to the email address( es) set forth below.
D BY FACSIMILE: by transmitting via facsimile the document(s) listed
above to the facsimile number(s) set forth below. I certify that said
transmission was completed without error and that a report was generated by
facsimile machine (949) 725-4100 which confirms said transmission.
D BY OVERNIGHT DELIVERY: by placing the document(s) listed above
in a sealed envelope with postage thereon fully prepaid, and delivering via
overnight courier and addressed as set forth below, respectively.
  BY MAIL: by placing the document(s) listed above in a sealed envelope
with postage thereon fully prepaid, in the United States Mail in Newport
Beach, California, addressed as set forth below.
D BY PERSONAL DELIVERY: by causing personal delivery by
Nationwide Legal, Inc. of the document(s) listed above to the person(s) at
the address( es) set forth below
SEE ATTACHED SERVICE LIST
I am readily familiar with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the
U.S. Postal Service on that same day with postage thereon fully prepaid in the
ordinary course of business. I am aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date is more than
one day after the date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
Executed on August 1, 2014, at Newport Beach, California.
/s/ Karen M. Hardy
Karen M. Hardy
CERTIFCATE OF SERVICE 5:14-cv-03084 (HRL)
DOCSOC/1674689v3/l 02910-0006
Case5:14-cv-03084-RMW Document11 Filed08/01/14 Page41 of 41
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Michelle A. Welsh
Stoner, Welsh & Schmidt
5 413 Forest Avenue
6
Pacific Grove, CA 93950-4201
Telephone: (831) 373-1993
7 Facsimile: (831) 373-1492
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00
STRADLING YOCCA
CARLSON & RAUTH
LAWYERS
SERVICE LIST
v. City of Carmel-by-the-Sea, et
Court Case No. M128062
Attorney for Plaintiff/Petitioner
Steven Mclnchak
NEWPORT BEACII
SERVICE LIST 5:14-cv-03084 (HRL)
DOCSOC/16 7 4689v3/l 02910-0006

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