Chapter 2.56
PERSONNEL POLICIES

Sections:

Article I. Prohibited Police Officer Activities

2.56.010    Strike or picketing activities prohibited—Filing of charges.

2.56.020    Dismissal of police officer.

2.56.030    No amnesty granted.

2.56.040    Oath and declaration.

Article II. Ineligibility for Employment for Criminal Conduct

2.56.050    Disqualification for employment.

2.56.060    Access to criminal history records.

2.56.070    Authority of city manager unaffected.

Article I. Prohibited Police Officer Activities

2.56.010 Strike or picketing activities prohibited—Filing of charges.

No member of the police department employed by the town shall instigate, participate in, or afford leadership to a strike against the town or engage in any picketing activity in furtherance of such a strike against the town. It shall be the duty of the appropriate superior officer of the member to ascertain the identity of any officer or employee of the town under his jurisdiction who is in violation of the provisions of this section and to initiate dismissal proceedings against the officer or employee. Any citizen of the town may file written charges against an officer or employee in violation of the provisions of this section and the appropriate superior officer shall receive and investigate, without delay, any such written charge, and forthwith inform the citizen of findings and action, or proposed action, thereon. (Ord. 342 Ch. 2(h) (part), 1976)

2.56.020 Dismissal of police officer.

If the chief of police determines that the charges are supported by the evidence submitted, he shall dismiss the employee involved and the employee shall not be reinstated or returned to town employment except as a new employee who is employed in accordance with the regular employment practices of the town in effect for the particular position of employment. (Ord. 342 Ch. 2(h) (part), 1976)

2.56.030 No amnesty granted.

No officer, nor the city council, of the town shall have the power to grant amnesty to any person charged with a violation of any of the provisions of this article. (Ord. 342 Ch. 2(h) (part), 1976)

2.56.040 Oath and declaration.

In order to bring the provisions of this article to the attention of any person who may be affected thereby, each member of the police department on the effective date of the ordinance codified in this article, and each person appointed to the position of police officer on or after the effective date of the ordinance codified in this article shall be furnished a copy of the provisions of this article and shall make, under oath, and file in the office of the chief of police the following declaration:

I hereby acknowledge receipt of a copy of the provisions of Chapter 2.56 of the Atherton Municipal Code and hereby declare that during the term of my employment in the Police Department of the Town of Atherton, I shall neither instigate, participate in, nor afford leadership to a strike against said Town nor engage in any picketing activity in furtherance of such strike.

(Ord. 342 Ch. 2(h) (part), 1976)

Article II. Ineligibility for Employment for Criminal Conduct

2.56.050 Disqualification for employment.

Conviction (including plea of guilty and nolo contendere) of a felony or a misdemeanor may disqualify an applicant for employment by the town; provided, however, that the city manager may disregard such conviction if it is found and determined by the city manager that mitigating circumstances exist. In making such determination, the city manager shall consider the following factors:

A. The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is related to the conviction;

B. The nature and seriousness of the offense;

C. The circumstances surrounding the conviction;

D. The length of time elapsed since the conviction;

E. The age of the person at the time of the conviction;

F. The presence or absence of rehabilitation or efforts at rehabilitation;

G. Contributing social or environmental conditions. (Ord. 361 Ch. 2(i) § 1, 1971)

2.56.060 Access to criminal history records.

Pursuant to Section 11105 of the Penal Code of the state, the following officers of the town are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this article: city manager, city clerk, city attorney, chief of police, and park and recreation director. (Ord. 361 Ch. 2(i) § 2, 1971)

2.56.070 Authority of city manager unaffected.

The provisions of this section are not intended to, nor shall they be construed as reducing, limiting or otherwise affecting the authority of the city manager granted by town ordinance to appoint, remove or demote any and all officers and employees of the town other than those specifically excepted by ordinance, who have or shall continue to hold office and serve at the will and pleasure of the city manager. (Ord. 361 Ch. 2(i) § 3, 1971)