Chapter 4.20
PERSONNEL SYSTEM, RULES AND REGULATIONS1

Sections:

Article I. Definition of Terms

4.20.010    Definitions.

Article II. Personnel System

4.20.020    Adoption of personnel system.

4.20.030    Administration.

4.20.040    Competitive service.

4.20.050    Appointments.

4.20.060    Repealed.

Article III. Promotion and Recruitment Process

4.20.070    –

4.20.120    Repealed.

Article IV. Recruitment

4.20.130    –

4.20.230    Repealed.

4.20.240    Special conditions.

4.20.250    Limitation of article – Permanent positions.

Article V. Probationary Period

4.20.260    Repealed.

Article VI. Classification Plan

4.20.270    Preparation of classification plan.

4.20.280    Adoption, amendment, and revision of plan.

4.20.290    Repealed.

4.20.300    New positions.

4.20.310    Repealed.

Article VII. Layoff Policy and Procedure

4.20.320    Statement of intent.

4.20.330    Notification.

4.20.340    –

4.20.390    Repealed.

Article VIII. Personnel Records

4.20.400    Repealed.

Article IX. Discipline

4.20.410    Discipline of officers and employees.

4.20.420    Repealed.

Article X. Miscellaneous Regulations

4.20.430    –

4.20.730    Repealed.

Article I. Definition of Terms

4.20.010 Definitions.

“Advancement” shall mean a salary increase within the limits of a pay range established for a class.

“Allocation” shall mean the assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.

“Anniversary date” shall mean the anniversary of the date an employee was appointed to city employment if it falls on the first, or the first of the following month if appointed on any other date.

“Applicant” shall mean a person who has filed a completed and signed application for employment on a form provided by the city.

“Appointment” shall mean the employment of a person to fill a vacancy.

“Background investigations” shall mean any investigation of a candidate’s background which may include, but not be limited to, employment, education, personal characteristics, criminal, or other related history.

“Candidate” shall mean any applicant who possesses those qualities which have been demonstrated to be most related to successful performance in a particular class.

“Class” shall mean all positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title.

“Classification plan” shall mean the summary of job titles for all classes, together with the specifications of each class.

“Competitive service” shall mean all positions of employment in the service of the city except those excluded by this chapter.

“Continuous employment” shall mean employment uninterrupted from the effective date of appointment except by authorized absence or leave of absence.

“Days” shall mean calendar days unless otherwise stated.

“Demotion” shall mean the movement of an employee from one class to another class having a lower maximum base rate of pay, for disciplinary reasons.

“Department” shall mean an administrative unit of the city.

“Department manager” shall mean the official charged with the operation and direction of a department.

“Disciplinary action” shall mean the dismissal, demotion, suspension without pay or written reprimand of a regular employee solely for punitive reasons.

“Dismissal” shall mean removal of any officer or employee from his/her position for disciplinary reasons.

“Disqualification” shall mean action which disqualifies an applicant from further consideration for a particular position.

“Eligible candidate” shall mean a candidate whose name has been placed on an eligibility list for a particular class.

“Eligibility list” shall mean a list maintained by the personnel officer of names of persons who have taken and successfully passed required competitive examination(s) for a particular class.

“Employee” shall mean a person legally occupying a position in the city service, other than an “officer,” except where the construction of this chapter otherwise indicates.

“Examination process” shall mean any series of examinations required to determine qualifications and abilities to perform the duties required for a particular class.

“Examinations” shall mean the evaluation process designed to measure qualifications and abilities necessary to perform the duties required for a particular class. Examinations include, without limitation, the following:

(a) “Physical agility examination” shall mean an examination to measure relative physical coordination and endurance.

(b) “Oral examination” shall mean an examination where an oral interview is conducted of each candidate by one or more persons selected by the department and approved by the personnel officer during which each candidate is rated as to qualification based on job-related experience, training, education, and personal characteristics.

(c) “Performance examination” shall mean an examination to measure relative ability to perform specified skills.

(d) “Physical examination” shall mean an examination of physical health administered by a physician, based on standards established by the personnel officer.

(e) “Psychological examination” shall mean an examination of psychological and emotional health administered by a clinical psychologist or psychiatrist.

(f) “Written examination” shall mean an examination using written questions and problems to measure specified knowledge and aptitude to perform specified duties.

“Full-time employee” shall mean an employee holding a position in which the actual performance of duty requires 2,080 hours in each fiscal year. Full-time employees shall be entitled to all employee benefits, including but not limited to, retirement, health insurance, deferred compensation, sick leave and vacation time and paid holidays.

“Job description” shall mean written description of a class, outlining duties and employment standards which are essential characteristics of the class.

“Layoff” shall mean the separation from the active work force due to lack of work or funds, or to the abolition of positions by the council due to lack of work, lack of funds, or organization changes.

“Leave of absence” shall mean permission to be absent from duty for a specified period and for a specified purpose, with the right to return before or at the expiration of the period.

“Officers” shall mean the officers of the city which consist of six councilmembers and a mayor, a city manager, a city clerk, a city treasurer, a city attorney, other officers as provided by charter and ordinance, and members of commissions, boards and committees as provided by charter and ordinance.

“Overtime” shall mean any time worked over 40 hours per week (56 hours for firefighters).

“Part-time employee” shall mean an employee holding a position in which the actual performance of duty requires less than 2,080 hours in each fiscal year. A part-time employee who works fewer than 1,560 hours has no right to any employee benefit, including but not limited to, health insurance, deferred compensation, sick leave or vacation leave.2 A part-time employee who has completed the prescribed probationary period for his/her classification and works at least 1,560 hours but fewer than 2,080 hours in a fiscal year shall be entitled to a pro rata portion of all employee benefits, including but not limited to retirement, health insurance, deferred compensation, sick leave, vacation leave and paid holidays which equals the ratio between total fiscal year hours and 2,080.

“Permanent employee” shall mean a full-time employee who has completed the probationary period of a permanent position.

“Permanent position” shall mean any position which will continue for 12 consecutive months or more.

“Personnel officer” shall mean the city manager or the city manager’s delegated representative.

“Position” shall mean combination of duties regularly assigned to be performed by a person.

“Probationary employee” shall mean an employee who is serving his or her probationary period.

“Probationary period” shall mean the period following appointment which is to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position.

“Promotion” shall mean advancement from a position in one class to a position in a higher class.

“Qualifying score” shall mean a numerical rating earned by a candidate in an examination which qualifies the candidate for further consideration for employment.

“Reallocation” shall mean a change in the allocation of an individual position by raising it to a higher class, reducing it to a lower class, or moving it to another class at the same pay range.

“Recruitment process” shall mean the selection of an appropriate candidate pool and the process of announcing a vacancy by various means such as posting written announcements, placing newspaper and magazine advertisements and other methods to solicit applications from qualified persons for a particular vacancy.

“Resignation” shall mean the voluntary action of an officer or employee which separates him or her from his or her position.

“Seniority” shall mean the length of continuous employment in a pay status within any permanent position in a classified service of the city. Seniority shall be retained, but shall not accrue, during any period of leave without pay.

“Separation” shall mean termination of employment.

“Status” shall mean the condition of an employee’s present appointment, such as temporary, part-time, seasonal, probationary or permanent.

“Suspension” shall mean the temporary separation from service of an employee, without pay, for disciplinary purposes.

“Transfer” shall mean a change between positions within the same or comparable class.

“Vacant position” shall mean any position which has been authorized by the council and is unfilled. [Ord. 07-003 § 2, 2007; Ord. 00-20 § 2 (Exh. A), 2000].

Article II. Personnel System

4.20.020 Adoption of personnel system.

The provisions of this chapter establish an equitable and uniform system for dealing with personnel matters and comply with applicable laws relating to the administration of the personnel process. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.030 Administration.

The personnel officer shall administer the personnel system. The personnel officer shall:

(a) Act as the appointing authority for the city;

(b) Administer all the provisions of this chapter;

(c) Prepare and recommend to the city council personnel rules and regulations and amendments to same;

(d) Prepare or cause to be prepared a position classification plan in accordance with this chapter;

(e) Have the authority to discipline employees in accordance with this chapter;

(f) Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications; the conducting and grading of tests; the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.040 Competitive service.

Unless otherwise provided herein, the provisions of this chapter shall apply to all offices, positions, and employment in the service of the city, except the mayor and city council, city manager, city attorney, members of appointive boards, commissions, and committees, independent contractors and volunteer personnel. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.050 Appointments.

Appointments to vacant positions in the competitive service shall be made in accordance with this chapter. Appointments and promotions shall be based on job-related qualifications to be ascertained so far as practicable by competitive examination. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.060 Merit personnel system.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

Article III. Promotion and Recruitment Process

4.20.070 New position.

Repealed by Ord. 11-020. [Ord. 07-003 § 3, 2007; Ord. 00-20 § 2 (Exh. A), 2000].

4.20.080 Vacant positions.

Repealed by Ord. 11-020. [Ord. 07-003 § 4, 2007; Ord. 00-20 § 2 (Exh. A), 2000].

4.20.085 Recruitment process.

Repealed by Ord. 11-020. [Ord. 07-003 § 5, 2007].

4.20.087 Interim appointment.

Repealed by Ord. 11-020. [Ord. 07-003 § 6, 2007].

4.20.090 Transfer.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.100 Position reclassifications.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.110 Career ladder advancement.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.120 Promotional program – Essential elements.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

Article IV. Recruitment

4.20.130 Fair employment practices.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.140 Announcement.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.150 Application forms.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.160 Application deadline.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.170 Disqualification.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.180 Notification.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.190 Examinations.

Repealed by Ord. 11-020. [Ord. 02-08 § 1, 2002; Ord. 00-20 § 2 (Exh. A), 2000].

4.20.200 Oral board.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.210 Candidate review of examination results.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.220 Eligibility lists.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.230 Appointments.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.240 Special conditions.

Disaster and Related Emergency Conditions. If in the judgment of the personnel officer a disaster or related emergency condition exists which is of magnitude to cause or threaten to cause danger to public health and safety, the personnel officer may dispense with any or all of the above rules and regulations in order to fill vacancies or hire temporary employees. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.250 Limitation of article – Permanent positions.

The provisions of this article shall apply only to recruitment for full-time permanent positions. The provisions of this article may, but need not be, utilized with respect to recruitment and hiring of seasonal, temporary, part-time and other employees; in any event, procedures employed shall be appropriate, consistent with law and devised to lead to the selection of the best candidates. [Ord. 00-20 § 2 (Exh. A), 2000].

Article V. Probationary Period

4.20.260 Probationary period.

Repealed by Ord. 11-020. [Ord. 10-005 § 7, 2010; Ord. 00-20 § 2 (Exh. A), 2000].

Article VI. Classification Plan

4.20.270 Preparation of classification plan.

The personnel officer shall ascertain and record the duties and responsibilities of all positions in the competitive service and shall recommend a classification plan for such positions.

The classification plan shall consist of classes of positions in the competitive service defined by class specifications, including the title. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under similar work conditions to all positions in the same class. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.280 Adoption, amendment, and revision of plan.

The classification plan shall be adopted by the city council and may be amended from time to time. During the process of consideration, any affected recognized employee organization shall be advised. Amendments and revisions of the plan may be suggested by any interested party, including any recognized employee organization, and shall be submitted to the personnel officer. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.290 Allocation of positions.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.300 New positions.

A new position shall not be created until the classification plan has been amended to provide therefor. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.310 Reclassifications.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

Article VII. Layoff Policy and Procedure

4.20.320 Statement of intent.

Whenever, in the judgment of the city council, it becomes necessary to layoff employees from certain positions, such employees may be laid off or reassigned without the right of appeal. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.330 Notification.

Employees to be laid off or reassigned shall be given at least 45 calendar days prior notice. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.340 Vacancy and reassignment.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.350 Employee rights.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.360 Seniority.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.370 Employment status.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.380 Reemployment list.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.390 Duration of reemployment list.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

Article VIII. Personnel Records

4.20.400 Personnel records.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

Article IX. Discipline

4.20.410 Discipline of officers and employees.

(a) Intent and Applicability.

(1) The city council acknowledges that the charter provides all employees serve at the pleasure of the appointing authority. The charter invests in the city manager the power to select most of the city’s appointed officers and employees. The provisions of this chapter afford the city manager and others authorization to employ certain procedures with respect to all forms of discipline, so as to act in accordance with court decisions and statutory provisions. Nothing contained in this chapter is intended to create vested rights to employment or to curtail in any way the city manager’s authority to discharge an employee with or without cause.

(2) The procedural safeguards and other provisions of this section shall be available only to permanent employees and officers subject to the city manager’s removal power.

(3) Disciplinary action may be taken against probationary employees and part-time employees without regard to this article.

(4) In the case of peace officers, the provisions of Government Code Section 3300 et seq. shall be applicable.

(5) For convenience, the term “employee” as hereinafter used in this section shall refer to those city personnel described in subsection (a)(2) of this section.

(6) Notwithstanding any other provision in this chapter, employees exempt from treatment under the terms of the Fair Labor Standards Act shall not be suspended except as permitted by said Act.

(b) Permitted Disciplinary Action. The following disciplinary actions may be taken against an employee for one or more of the causes for discipline hereinafter specified, or for any other just cause:

(1) Dismissal.

(2) Demotion.

(3) Suspension without pay.

(4) Written reprimand.

In the case of suspension without pay, such suspension shall not exceed 30 working days.

(c) Causes for Discipline. Causes for discipline shall include, but shall not be limited to, the following; discipline may be taken for any other just cause, even though it may not appear hereinbelow:

(1) Incompetent, inept, substandard or untimely performance of assigned work.

(2) Insubordination to a superior in the course of employment.

(3) Willful failure or refusal to properly perform assigned work.

(4) Gross carelessness in the discharge of assigned work.

(5) Malfeasance in office.

(6) Conviction of a felony or any crime involving moral turpitude.

(7) Repeated tardiness.

(8) Inability to establish proper working relationships with fellow workers.

(9) Consumption of alcohol or use of drugs on duty, or reporting to work under the influence of alcohol or drugs.

(10) Gambling while on duty.

(11) Unauthorized absence.

(12) Use of city tools or equipment for private or personal purposes.

(13) Abuse or gross negligence in the care or operation of city tools or equipment.

(14) Falsely obtaining sick leave or overtime.

(15) Receiving bribes in connection with performance of city service.

(16) Participation in political activities while in uniform or on duty.

(17) Discussion or disclosure of city information known to be confidential with or to unauthorized persons.

(18) Refusal to report to an emergency call.

(19) Fraud in securing employment.

(20) Theft of city property or property received in trust by city.

(21) Willful giving of false information in the course of duty.

(22) Violation of Government Code Section 3201 et seq. regarding political activities.

(23) Violation of any provision of this chapter.

(24) Willful violation of safety rules, departmental rules, or any other rules applicable to job performance.

(25) Offensive treatment of the public or fellow employees.

(26) Falsification of city records.

(d) Procedural requirements prior to disciplinary action. No employee shall be disciplined hereunder unless prior thereto such employee has received from his or her department manager:

(1) Notice of the proposed action and of the grounds for such action, described in subsection (e) of this section.

(2) A written copy of the charges and grounds for such charges, described in subsection (e) of this section.

(3) An invitation to the employee to make a verbal or written answer to the charges within 10 days (or such longer period as may be allowed per subsection (f) of this section) of the employee’s receiving the notice of action and copy of charges.

(4) A written decision on such answer at the earliest practicable date, not to exceed 20 days following the answer.

No disciplinary action shall be taken against an employee until the time periods provided herein have been exhausted without an answer from the employee, or until the employee has responded to the disciplinary action and written decision has been issued.

(e) Notice of Proposed Action. An employee against whom disciplinary action is pending is entitled to reasonable advance written notice stating any and all reasons, specifically and in detail, for the proposed action. The material on which the notice is based and which is relied on to support the reasons in that notice including, but not limited to, statements of witnesses, documents, and investigative reports or extracts therefrom, shall be assembled, copied and delivered to the employee for review. Material which is classified as confidential and as such is not available for review shall not be used to support the reasons in the notice.

(f) Employee’s Answer. An employee is entitled to 10 days, unless the department manager, in his or her discretion, authorizes a longer period, to answer a notice of proposed disciplinary action. In determining the time to be allowed the department manager may consider the facts and circumstances of the case, and the need to afford the employee ample opportunity to review the material relied on by the department manager to support the reasons in the notice and to prepare an answer. If the employee answers within the time allowed, the department manager shall consider the answer in reaching a decision. The employee may answer through a designated representative, or personally, in writing or any combination thereof. The right to answer personally includes the right to answer orally in person by being given a reasonable opportunity to make any representation which the employee believes might affect the final decision in the case. When the employee requests an opportunity to answer personally, the department manager shall personally hear the answer. The word “answer” shall be deemed to include such statements, affidavits, declarations, or such other evidentiary matter as the employee may wish to submit.

(g) Status of Employee During Notice Period. Except as otherwise provided, an employee against whom disciplinary action is proposed shall be retained in an active status during the notice period. When circumstances are such that the retention of the employee in active status in the employee’s position may result in damage to city property or may otherwise be detrimental to the interests of the city, fellow workers or the public, the department manager in his or her discretion, may temporarily assign the employee to duties in which these conditions do not exist or place the employee on paid leave.

(h) Notice of Decision. Any employee against whom disciplinary action is pending is entitled to notice of the department manager’s decision at the earliest practicable date, not to exceed 20 days following the employee’s answer. The department manager shall cause to deliver the notice of decision to the employee no less than five days prior to the effective date of the action. If discipline is to be finally imposed, the notice shall be in writing, shall be dated and shall inform the employee of the following:

(1) Which of the reasons in the notice of proposed disciplinary action have been sustained and which have not been sustained.

(2) Of the right to appeal the notice of decision, as provided in this section.

(3) Of the five-day time limit for such appeal, and that such appeal shall be in writing and submitted to the city manager.

If, after notice and answer, the department manager decides not to discipline the employee, the employee shall be so notified within 20 days following the answer. A decision not to discipline shall be accompanied by a directive to delete all references to the pending action from the employee’s personnel file.

(i) Appeal of Disciplinary Action. If, pursuant to subsection (h) of this section, an employee appeals the notice of decision, the city manager shall hear the matter.

(j) Procedures on Appeal.

(1) An appeal filed with the city manager shall be forwarded to the city attorney.

(2) The city attorney and the city manager shall set a date for the hearing. A hearing on appeal should be set to commence within 45 days following the filing of the appeal, provided the appealing employee may waive said setting restriction, and the city manager may set the hearing beyond said period for good cause.

(3) The city manager may grant continuances, in the exercise of his or her sole discretion, for good cause.

(4) The city and the appealing employee (sometimes hereafter referred to as “parties”) may each be represented by legal counsel or other representative. The city manager may also be provided advisory legal counsel. The city shall not be responsible for legal or other costs of the appealing employee.

(5) Each party shall have the following rights: to make opening remarks; to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the appeal even though that matter may not be covered in direct examination; to impeach any witness regardless of which party first called the witness; to rebut evidence introduced against a party; and to make final arguments. No party shall have the right not to be called as a witness. A party called by the opposing party may be examined as if under cross-examination.

(6) Oral evidence shall be taken on oath administered by the city manager.

(7) Witnesses to be called by either party shall be excluded from the hearing room unless both parties agree otherwise. In addition to legal counsel, each party shall be entitled to have an investigator or other representative remain throughout the hearing, even if such person is also a witness. The appealing employee has the right to remain throughout.

(8) The city shall proceed first with its evidence, the appealing employee to follow. Rebuttal and surrebuttal shall be allowed by the city manager upon a finding that same is not repetitive and is offered to rebut evidence not previously rebutted.

(9) Technical rules of evidence need not guide the city manager. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make evidence admissible over objection in a court of law in California. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a court of law in California. Rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing on appeal. Irrelevant and unduly repetitious evidence shall be excluded.

(10) The city manager shall determine whether, based on all the evidence, the city has demonstrated by a preponderance of the evidence the truth of the facts upon which the discipline is based. Findings shall be made as to such determination. If the city manager determines that the city has so demonstrated, the city manager shall then decide whether those facts support discipline and, if so, the nature of the discipline which should be imposed. If the city manager determines that the city has not so demonstrated, the hearing shall terminate at such point. The factual findings, determinations, decisions and other recommendations shall be prepared in writing.

(11) Either party may provide for the presence of a court reporter to report the proceedings of the hearing on appeal. Cost of the reporter shall be borne entirely by the party so providing. If no reporter is present, the proceeding will be tape recorded.

(12) The appealing employee shall have the right to determine whether the hearing shall be open to the public or closed. That determination, once made, shall be irrevocable, except for (A) the protection of any witness or any information as provided by law, and (B) when a change in such determination is made in a timely manner so as reasonably to allow required posting and notice without the need to modify hearing dates.

(13) Copies of all records, recorded testimony, other documents, findings, determinations, decisions and recommendations made during the open session of an open hearing shall, without exception, be available to the public under the terms of the California Public Records Act. Requests for copies of such items submitted and made at a closed hearing shall be considered under the terms of the California Public Records Act and other applicable law.

(k) Action Following Hearing.

(1) In cases where the city manager has determined that the city has not demonstrated the truth of the facts upon which discipline is based, the city manager shall immediately rescind the disciplinary action in the notice of discipline, and steps necessary to adjust the employee’s records to reflect such rescission shall be taken.

(2) In cases where the city manager has determined that the city has demonstrated the truth of the facts upon which the discipline is based, the employee shall be so notified in writing. Nothing herein shall be construed to preclude the city manager from imposing a less severe disciplinary action following review. For this purpose, the order of severity, from most severe to least, shall be as listed in subsections (b)(1) through (4) of this section.

(3) A report of the action of the city manager shall be submitted in writing to the council, for information only, unless the appealing employee requests such report not be made. In any event, the city manager’s action shall be final.

(4) The city manager’s decision may be reviewed pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 within 90 days of such decision. [Ord. 10-005 § 8, 2010; Ord. 08-021 § 2, 2008; Ord. 00-20 § 2 (Exh. A), 2000].

4.20.420 Personnel hearing board – Established.

Repealed by Ord. 10-005. [Ord. 02-30 § 6, 2002; Ord. 00-20 § 2 (Exh. A), 2000].

Article X. Miscellaneous Regulations

4.20.430 Compensation basis for temporary employment.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.440 Compensation for portion of month.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.450 Deductions in compensation.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.460 Qualifications of employees.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.480 Temporary assignment.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.490 Overtime.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.500 Holidays.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.510 Vacation.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.520 Sick leave.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.530 On-the-job injury.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.540 Hiring – Salary rate.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.550 Increases within range – Basis.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.560 Reemployment – Procedure – Salary range.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.570 Salary on promotion or reallocation.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.580 Salary on demotion or reclassification.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.590 Salary on transfer.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.600 Changes in salary range.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.610 Educational incentive pay plans.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.620 Adjustments in salary ranges.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.630 Mileage allowance.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.640 Travel expense.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.650 Uniform allowance.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.660 Proficiency pay plan.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.670 Salary payment dates.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.680 Leave of absence – Military.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.690 Leave of absence – Jury duty.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.700 Leave of absence – Without pay.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.710 Other employment – Incompatibility.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.720 Employment of relative.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].

4.20.730 Attendance.

Repealed by Ord. 11-020. [Ord. 00-20 § 2 (Exh. A), 2000].


1

    Ord. 288 N.S., passed January 2, 1957, authorizes a retirement contract between the city council of the city of Pacific Grove and the Board of Administration of the California Employees’ Retirement System. Authority – See California Government Code § 45000 et seq.


2

    This definition shall not be construed to deny certain retirement benefits mandated by the state retirement system for employees working in excess of 1,000 hours.