CHAPTER 1.24
CITY OFFICERS AND EMPLOYEES

SECTION:

1.24.010    Personnel System Established

1.24.020    Duties Of Personnel Officer

1.24.030    Criminal Conduct; Ineligibility For Employment

1.24.040    Discrimination Prohibited

1.24.050    State Employees’ Retirement System Contract

1.24.060    Judicial Review Of City Actions, Decisions

1.24.070    Right Of Entry; Authorization

1.24.010 PERSONNEL SYSTEM ESTABLISHED:

A personnel system for all employees of the city, except the city manager, city attorney, elective officers, volunteer firefighters, reserve police officers, and members of appointed boards and commissions is established. (1972 Code § 2.44.010)

1.24.020 DUTIES OF PERSONNEL OFFICER:

As personnel officer, the city manager shall administer the personnel system pursuant to personnel rules and regulations adopted by the city council by resolution. (1972 Code § 2.44.020)

1.24.030 CRIMINAL CONDUCT; INELIGIBILITY FOR EMPLOYMENT:

A.    Criminal Conduct Considered; Exception: No person convicted (including pleas of guilty and nolo contendere) of a felony or a misdemeanor involving moral turpitude shall be eligible for employment by any department of the city; provided however, the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist, including, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the time of conviction, or the fact that the classification applied for is unrelated to such conviction.

B.    Access To State Criminal History Information: The city manager, chief of police, city attorney, and each appointing authority of the city, is entitled to have access to the "State Summary Criminal History Information" as provided for in California Penal Code section 11105 when it is required to assist such individual to fulfill employment responsibilities set forth in this section. (1972 Code § 2.44.025)

1.24.040 DISCRIMINATION PROHIBITED:

With regard to all matters related to employment with the city, discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation is hereby prohibited. A minimum age may be established for employment with the police department and fire department. Within the framework of this section, the personnel rules and regulations shall contain affirmative action provisions as may be required by federal law and as regulated by the California fair employment practice act1. Additionally, the personnel rules and regulations shall contain provisions regarding the employment of retired persons or persons of retirement age as is prescribed in California Government Code section 45050 et seq. (1972 Code § 2.44.030; amd. 2003 Code)

1.24.050 STATE EMPLOYEES’ RETIREMENT SYSTEM CONTRACT:

A.    Authorization: A contract between the city council and the board of administration, California state employees’ retirement system, is authorized, and by such reference made a part hereof as though herein set out in full2. (1972 Code § 2.44.160)

B.    Execution: The mayor of the city council is authorized, empowered, and directed to execute the contract for and on behalf of the agency. (1972 Code § 2.44.170)

1.24.060 JUDICIAL REVIEW OF CITY ACTIONS, DECISIONS:

A.    Time Limit For Review: Except as otherwise specifically provided by local ordinance or state statute, no action shall be maintained to invoke judicial review of any final action or decision of any official, board or commission of the city or the city council unless such action shall be commenced within ninety (90) days of the date the decision becomes final. Each decision shall be final on the date it is made.

B.    Statutory Authorization: California Civil Procedure Code section 1094.6 shall now and in the future be applicable within the city. (1972 Code § 1.10.010)

1.24.070 RIGHT OF ENTRY; AUTHORIZATION:

A.    Right Of Entry: Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, after presenting proper credentials and obtaining permission for entry from the owner or occupant, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon said official by ordinance; provided, that except in emergency situations he/she shall give the owner and/or occupant, if he/she can be located after reasonable effort, twenty four (24) hours’ written notice of the authorized official’s intention to inspect.

B.    Refusal To Allow Entry: In the event the owner and/or occupant refuses entry, the official shall request that the city manager direct the city attorney to obtain the necessary judicial authority for inspection purposes. (1972 Code § 1.08.010)


1

Gov.C. § 12900 et seq.


2

Gov.C. § 45345.