Res 83-017RESOLUTION NO. 83-017
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING THE PERSONNEL RULES
AND REGULATIONS
WHEREAS, Ordinance No. 90 , An Ordinance Establishing a Personnel
System for the City of Poway requires that the Personnel Officer develop
personnel rules and submit them to the City Council for their approval; and
WHEREAS, the Personnel Officer has developed the attached rules with
the assistance of an outside consultant; and
WHEREAS, the rules have been reviewed and revised as necessary through
input from the City's department and division heads; and
WHEREAS, City staff has reviewed these rules with representatives from
the recognized employee organizations in accordance with Government Code
Section 3500 and where appropriate the recommended rules were revised per
agreement with the employee groups.
NOW, THEREFORE, BE IT RESOLVED that the attached personnel rules are
hereby adopted.
PASSED AND ADOPTED by the City Council of the City of Poway, California,
at a regular meeting thereof this 29th day of March , 1983.
Mary She~ardson, Mayor
ATTEST:
Marjor~/K. Wahlsten, City Clerk
RULE 1
GENERAL PROVISIONS
1.1 AUTHORITY
1.2
The following rules, policies, and procedures are promulgated under the
authority of Ordinance No. 90, the Personnel Ordinance of The City of
Poway. The Personnel Rules shall be adopted and amended by resolution of
the City Council.
PURPOSE
The purpose of these Rules is to establish a system of personnel adminis-
tration based on merit principles. These merit principles include:
a)
Recruiting, selecting, and advancing employees on the basis of their
relative ability, knowledges and skills, including open consideration
of qualified applicants for initial appointment;
b) Providing equitable and adequate compensation;
c)
d)
e)
Training employees as needed, to assure high quality performance;
Retaining employees on the basis of the adequacy of their performance,
correction of inadequate performance and separating employees whose
inadequate performance cannot be corrected;
Assuring impartial treatment of applicants and Employees in all aspects
of personnel administration without regard to political affiliation,
race, religion, color, sex, age, marital status, national origin, or
handicap and with proper regard for their privacy and constitutional
rights as citizens.
1.3 APPLICATION
The provisions of these rules shall apply to all offices, positions, and
employments in the services of the City, except:
a) Elective officers.
b) Members of appointive boards, commissions and committees.
c) City Manager, City Attorney, City Clerk, and City Treasurer.
d) Persons engaged under contract to supply expert, professional, or
technical services for a definite period of time.
e) Volunteer and Temporary personnel.
1.4 SCOPE
This chapter is a compilation of rules, policies and procedures which
govern and affect personnel administration for all employees of the City
of Poway, pursuant to the purposes outlined in Rule 1.2 herein, unless
specified otherwise. The rules, policies, and procedures incorporated
herein shall not preclude the development of internal rules, policies,
and operating procedures within specific departments of the City nor the
development of personnel or administrative policies and procedures govern-
ing the implementation of these rules, policies, and procedures.
1.5 SEVERABILITY
If any provision of these rules, or the application of such provision to
any person or circumstance, shall be held invalid, the remainder of the
rules, or the application of such provision to persons or circumstances
other than those as to which it is held invalid, shall not be affected
thereby.
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1.6
1.7
APPOINTING AUTHORITY
As used in these Rules, the Appointing Authority shall be the City
Manager, or his/her designee(s).
DEFERRAL
In cases where these Rules conflict with memorandums of agreement duly
agreed upon between authorized employee organizations and the City, the
provisions of the memorandum of agreement shall govern. In all other
cases, the Rules shall apply.
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RULE 2
DEFINITION OF TERMS
Terms used in these rules are defined as follows:
2.1 ALLOCATION
The assignment of an individual position to an appropriate classification
on the basis of the type, difficulty, and responsibility of the work per-
formed in the position. As used in these personnel rules, employees are
appointed to positions; positions are allocated to classes.
2.2 ANNIVERSARY DATE
The date recurring yearly upon an employee's regular appointment or date
of hire. This date is used principally in matters regarding vacation,
sick leave and other related personnel actions.
2.2.1 Anniversary Date Following Promotion
Without changing the date or anniversary of an employee's regular
appointment, for purposes of salary administration and related
personnel actions an employee will have an additional anniversary
date recurring yearly upon the date of promotion.
2.3 APPOINTING AUTHORITY
The City Manager, or by delegation,.any other person.
2.4 APPOINTMENT
The employment of a person in a position. Types of appointment include:
2.4.1
Original Appointment
The person's first appointment as a City employee.
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2.4.2
2.4.3
2.4.4
2.4.5
Provisional Appointment
The temporary employment of a person to a vacant position for no
more than a six (6) month period for emergency or interim con-
ditions. The Personnel Officer may extend ~ provisional ~ppoint-
ment for an additional six (6) month period.
Probationary Appointment
The probationary employment of a person in a regular position. A
probationary appointment is for a specified period during which
job performance is evaluated as the basis for consideration for
regular appointment.
Regular Appointment
The employment of a person in a regular position, following the
successful completion of a probationary period.
Promotional Appointment
The probationary employment of an employee in a regular position
following a promotion.
2.5 CERTIFICATION
2.6
The process whereby the Personnel Officer identifies for an Appointing
Authority eligible individuals who have successfully completed all qualify-
ing requirements for appointment and appear on an employment list.
CLASS
A group of positions sufficiently similar in duties, responsibilities,
authority, and qualifications for employment to permit combining them
under a single title and equitable application of common standards of
selection and compensation.
2.7 CLASSIFICATION PLAN
The designation of a title for each class together with the specification
for each class as prepared and maintained by the Personnel Officer.
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2.8 CLASS SPECIFICATION
A written description of a class setting forth factors and conditions which
are essential characteristics of positions in that class.
2.10 CONTINUOUS SERVICE
The employment without break
bationary or regular appointment.
2.11 DATE OF HIRE
or interruption of an employee having a pro-
appointment to the City service. This
Vacation, sick leave, and
The date of an employee's original
date is used principally in matters regarding
other related personnel actions.
2.12 DEMOTION
The voluntary or involuntary reduction of a regular employee from a position
in one class to a position in another class having a lower maximum salary
rate.
2.13 DISMISSAL
The involuntary separation of an employee from the service of the Ci'ty.
2.14 ELIGIBLE APPLICANT
A person whose name is on an employment list.
2.15 EMPLOYEE
A person occupying a position.
2.15.1
Provisional Employee
An employee who has a provisional appointment to a vacant position
pending the selection process as provided in Rule 5 for no more
than a six (6) month period or, upon specific action by the
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Personnel Officer, a second six (6) month period for a total pro-
visional appointment of twelve (12) months.
2.15.2
Temporary Employee
An employee in a position of limited duration.
2.15.3
Probationary Employee
An employee who has a probationary appointment.
2.15.4
Regular Employee
An employee who has successfully completed the probation period in
a permanent position.
2.15.5
Part-Time Employee
An employee who works less than full-time on
monthly, or annual basis.
a daily, weekly,
2.15.6
Full-Time Employee
An employee who works on a full-time basis on a daily, weekly,
monthly, or annual basis, as defined by departmental working sche-
dules.
2.16 EMPLOYMENT LIST
2.16.1
Open Employment List
A list of names of persons who have taken an open-competitive exa-
mination for a class and havequalified.
2.16.2
Promotional Employment List
A list of names of persons who have taken a promotional examina-
tion for a class and have qualified.
2.16.3
Reinstatement List
A list of names of probationary and regular employees who have
been laid-off or demoted in lieu of layoff.
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2.17 EXAMINATION
Any device or procedure used in the selection process to measure applicant
abilities and suitability for a position including, but not limited to, oral
performance
interviews, written tests, performance tests, evaluation of
during probation, and an evaluation of education and experience.
The types
2.17.1
2.17.2
2.17.3
of examination processes include the following:
Open-Competitive Examination
An examination for a particular class which is open to all persons
meeting the qualifications for the class.
Promotional Examination
An examination for a particular class which is
employees meeting the qualifications for the class.
open to any
Continuous Examination
An open-competitive examination which is administered periodically
and as a result of which names are placed on an employment list,
in order of final scores, for a period of not more than one year.
2.18 HOURLY RATE
The amount paid an employee for each hour worked.
any amount within a specific hourly wage range.
2.19 IMMEDIATE FAMILY
The hourly rate may be
For the purposes of these Rules, immediate family consists of an employee's
mother, father, spouse, and dependent children.
2.20 LAY-OFF
The termination of a position or positions due to reorganization, reassign-
ment, the lack of work to be accomplished, or the lack of funds.
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2.21 LEAVE
Authorized or unauthorized absence from an employee's place of work.
2.22 NON-SAFETY EMPLOYEE
Any employee not defined by State law as a sworn employee.
2.23 OVERTIME
Overtime is time worked in excess of the normal work hours for the classifi-
cation as authorized by the employee's supervisor.
2.24 PERSONNEL ACTION
Any action taken with reference to appointment, compensation, promotion,
transfer, layoff, dismissal, discipline, commendations, or any other action
affecting the status of employment.
2.25 PERSONNEL OFFICER
The City Manager or his/her designee.
2.26 POSITION
A combination of current duties and responsibilities requiring the full or
part-time, or temporary services of an employee.
2.27 PROBATIONARY PERIOD
A trial period during which an employee is required to demonstrate'his/her
fitness for the actual performance of the assigned duties of the position.
2.28 PROMOTION
The advancement of an employee from a position in one class to a position
in another class having a higher maximum rate of pay.
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2.29 REASSIGNMENT
The change of an employee from one class to another class.
2.30 RECLASSIFICATION
A change in the classification level of an individual position by raising
it to a higher class, reducing it to a lower class, or by moving it to
another class at the same level on a basis of significant changes in
kind, difficulty, or responsibility of the work performed in the position.
2.31 REDUCTION IN PAY
A salary decrease within the limits of the pay range established for a
class.
2.32 REINSTATEMENT
The re-employment without examination from a reinstatement list of eligi-
bles of a laid-off employee into the same or lower class from which the
employee was laid-off.
2.33 REHIRE
The re-employment, without examination, within one (1) year of separation,
of a former regular or probationary employee into the same or lower classi-
fication from which the employee separated.
2.34 RETIREMENT
Service - the voluntary termination of a regular employee from a regular
position after becoming eligible for and applying to the Public Employee's
Retirement System for retirement benefits or after having reached the
maximum age limit.
Disability - The termination of an employee due to physical or mental in-
ability to perform the duties of the position after an employee has be-
come eligible for benefits under the Public Employees Retirement System.
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2.35 SALARY RANGE
The minimum, maximum, and intermediate salary rates or hourly wage rates
which may be paid to an employee within a class.
2.36 SEPARATION
The termination of an employee's employment with the City because of retire-
ment, resignation, death, or dismissal.
2.37 SUPERVISOR
An employee with the responsibility of organizing, directing, and evaluating
the work of other employees.
2.38 SUSPENSION
The temporary and involuntary separation for a specified period of time of
an employee from the position for disciplinary purposes.
2.39 SWORN EMPLOYEES
Public safety employees in the fire service of the City as defined by
State law.
2.40 TIME CARD
The document accounting an employee's actual work and leave hours in a
payroll period.
2.41 TRANSFER
A change of an employee from one position to another position in the same
class or in a comparable class.
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2.42 VACANCY
An authorized position for which funds are available which is not occupied.
2.43 Y-RATE
A salary paid above the maximum salary of a range. A Y-rate may be used
when an incumbent employee is reassigned od reclassified to a lower class
but retains the higher salary rate of the former class. This Y-rate sal-
ary may be retained until the newly assigned class has a maximum rate
equal to or higher than the Y-rate.
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RULE 3
POSITION CLASSIFICATION
3.1 PURPOSE
The purposes of the classification plan are to provide a complete and con-
tinuous inventory of all classifications, to provide accurate specifica-
tions, and therefore, to ensure that each position is allocated to the
appropriate classification.
3.2 CLASSIFICATION OF POSITIONS
All positions in the City are grouped into classes. Each class includes
those positions sufficiently similar 'in duties and responsibilities to
require similar education, experience, knowledge, skills, abilities, and
personal characteristics.
3.3 PREPARATION AND CONTENT OF CLASS SPECIFICATIONS
The Personnel Officer is responsible for preparing and maintaining class
specifications for all positions. The specifications include, but are
not limited to, a list of examples of duties and a statement of qualifi-
cations required for appointment.
3.4 INTERPRETATION OF CLASS SPECIFICATIONS
All class specifications describe typical duties that employees occupying
positions in the class may properly be required to perform. Class speci-
fications are explanatory but not restrictive. The listing of particular
tasks does not preclude the assignment of other tasks of related kind or
character, or requiring lesser skills.
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3.5 ADOPTION OF PLAN
Before the classification plan or any part thereof becomes effective, it
must first be approved in whole or in part, as appropriate, by the City
Council. Notice of consideration of the proposed classification plan
amendments or revisions shall be provided to appropriate employees and
employee organizations. Upon approval by the City Council, the provi-
sions of the classification plan shall be observed in the handling of all
personnel actions and activities. The classification plan may be amended
or revised as occasion requires in the same manner as originally estab-
lished.
3.6 ALLOCATION OF POSITIONS
Following the adoption of the classification plan, the Personnel Officer
will assign each position to one of the classes established by the plan.
3.7 NEW POSITIONS
When a new position is created, no probationary or regular appointment
shall be made to fill any such position until the classification plan has
been amended and an appropriate emplo3~nent list established for the posi-
tion.
3.8 RECLASSIFICATION
When the duties of the position have changed materially, the Personnel
Officer shall recommend to the City Council the allocation of the posi-
tion to a more appropriate class.
3.9 REQUEST FOR RECLASSIFICATION
An employee holding a regular position may submit a written request for a
classification review to his/her supervisor. Such requests for reclassi-
fication shall be forwarded to the Personnel Officer, who will acknowledge
receipt of the request in writing to the employee, and will indicate when
the request will be considered.
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3.10 CONTENT OF REQUEST FOR REVIEW
Requests for review shall be made in writing and shall contain the rea-
sons the employee believes the classification to be in error and any fur-
ther documentation in support of the request.
3.11 REVIEW OF REQUEST FOR RECLASSIFICAT!ON
The Personnel Officer will review all requests for reclassification at
least on an annual basis to coincide with the preparation of the annual
budget.
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RULE 4
COMPENSATION
4.1 PURPOSE
The purpose of the compensation plan is to provide equitable and adequate
compensation for all employees.
4.2 PREPARATION OF PLAN
The City Council may periodically modify the City's compensation plan.
The compensation plan includes, for each class, a minimum and maximum
salary rate and such intermediate rates as are considered necessary, as
well as supplemental, retirement, insurance, and related fringe benefit
provisions. Flat rates may be used instead of salary ranges where appro-
priate. The rate or pay range assigned to each class shall reflect fair-
ly the differences in the duties and responsibilities among classes, and
will take into account rates paid by other public employers for compar-
able work, the City's policies and financial condition, unusual problems
of recruitment and turn-over, and other relevant factors.
4.3 ADMINISTRATION OF PLAN
4.3.1
4.3.2
Rates of Pay
Each employee is paid a rate of pay within the salary range
for the class in which employed, except in cases of reclassi-
fication to a lower salary range when a Y-rate may be used
(Rule 2.42).
Entrance Salary
An employee is appointed at the minimum rate for the class,
except when the Appointing Authority believes it is necessary
to make an appointment or reinstatement above the minimum
rate. Authorization for appointment above the entrance rate
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4.3.3
4.3.4
4.3.5
must be obtained from the Personnel Officer. In reviewing
such requests, consideration will be given to the candidate's
unusually high qualifications, salary history, outstanding
experience, availability of other qualified candidates, and
the resulting salary relationships with similar positions.
Merit Salary Adjustments
Employees may receive merit salary
salary range applicable to their class.
merit salary increase is to recognize
performance.
adjustments within the
The purpose of the
individual employee
Movement To A Higher Classification
When an employee is promoted or reassigned to a class having
a higher salary range, the employee shall be paid at the
entrance step of the assigned range. If the entrance step is
lower than the employee's current salary, the employee shall
be paid at an intermediate rate within the range to be deter-
mined by the Appointing Authority, with the concurrence of
the Personnel Officer, that will result in a pay increase.
Movement To A Lower Classification
When an employee is demoted or reassigned to a class having a
lower salary range, the employee shall be placed in the step
of the lower salary range nearest to the employee's rate of
pay. When an employee's position is reclassified to a class
having a lower salary range, the employee shall retain the
same rate of pay until such time that the assigned class has
a maximum salary rate which is equal to or higher than the Y-
rate (Rule 2.42). Employees demoted, reassigned, or reclass-
ified to a lower position shall have no change made in their
anniversary date.
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4.3.6
Transfer
When an employee is transferred from one position to another,
or from one classification to another classification having
the same salary range, the employee's pay and anniversary
date shall remain unchanged.
4.3.7
4.3.8
Part-Time And Temporary Employees
Whenever an employee works for a period less than the regular
number of hours a day, days a week, weeks a month, or months
a year, the amount paid shall be on an hourly basis unless
otherwise provided for in the Compensation Plan.
Acting Pay
Acting for an uninterrupted period of 15 working days in a
higher classification or rank, will be compensated at the
rate of pay for that higher classification or rank beginning
after the expiration of 15 working days. Under no cir-
cumstance shall the rate of compensation be less than five
(5) percent above the employee's current rate of pay.
4.3.9
Provisional Employees
Provisional employees shall be paid salary pursuant to their
position's classification as outlined in the compensation
plan. Provisional employees shall receive benefits as deter-
mined by the Personnel Officer.
4.4 SALARY RANGE ADJUSTMENTS
Salary range adjustments are effective on the date specified by the City
Council. Salary range adjustments are to be distinguished from merit
salary increases, as they are not intended to give recognition to length
and quality of service. The salary rate of an employee whose salary
range is adjusted will be adjusted to the same relative position in the
revised salary range.
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4.5 PARTIAL PAY-PERIOD PAY
4.6
Salaries for employees working less than a complete schedule in a pay
period shall be computed by multiplying the number of hours actually
worked during the pay period by the employee's hourly pay rate.
OVERTIME
4.6.1
4.6.2
4.6.3
4.6.4
4.6.5
Authorization
All overtime is authorized by the appropriate supervisor and
recorded on the employee's time card.
EligibilitS For Overtime
The Personnel Officer shall determine which classifications
are considered eligible for overtime.
Overtime Compensation
Overtime is calculated in 15 minute increments. Compensation
for overtime is paid at the rate of one and one-half (1½)
hours for each hour of overtime worked. The employee may
elect, with the supervisor's approval, compensatory time off
at the rate of one and one-half (1~) hours of time off for
each hour of overtime worked up to a maximum accrual of 40
hours. The maximum accrual may be exceeded only with the
prior approval of the Personnel Officer.
Overtime compensation shall not apply to Management
employees.
Use of CompensatorS Time-Off
Compensatory time-off can be taken only with the supervisor's
approval and must be used within 12 months of being earned or
it shall be paid off.
Compensation For Overtime At Termination
Any employee who terminates employment shall be paid at the
employee's terminal salary rate for all accrued overtime.
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5.1
PURPOSE
RULE 5
RECRUITMENT AND SELECTION
The purpose of the recruitment and selection process is to ensure that
all position vacancies are filled with qualified, competent persons who
are well suited to perform in the position for which they are employed.
In that regard, all vacancies will be filled as provided in these Rules.
5.2 NATURE OF SELECTION PROCEDURES
The methods used in the selection of City employees shall be impartial
and of a relevant nature so as to fairly measure the relative capacity of
job'applicants to execute the duties and responsibilities of the class to
which they seek to be appointed.
5.3 SELECTION AND APPOINTMENT
All vacancies in the City shall be filled as provided in these Rules and
Regulations. Appointments shall be made with the objective of obtaining
for the City the best qualified person or persons available as determined
by the Appointing Authority and Personnel Officer.
5.4 APPLICATIONS AND APPLICANTS
5.4.1
Announcements
All examinations shall be publicized in the City Hall and at
other City work sites, and by such methods as the .Personnel
Officer deems appropriate. Special recruiting shall be con-
ducted, if necessary, to insure that all segments of the com-
munity are aware of the forthcoming examinations. The
announcements shall specify the title and pay of the class
for which the examination is announced; the nature of the
work to be performed; preparation desirable for the perfor-
mance of the work of the class; the manner of making applica-
tions, the date of filing and other pertinent information.
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5.4.2
5.4.3
5.5 EXAMINATIONS
5.5.1
Application Forms
Applications shall be made as prescribed on the examination
announcement. If prescribed by the Personnel Officer, appli-
cation forms shall require information covering training,
experience, and other pertinent information.
Disqualification
The Personnel Officer may reject any application which indi-
cates on its face that the applicant does not possess the
qualifications required for the position. Whenever an appli-
cation is rejected, notice of such rejection shall be mailed
to the applicant by the City. Defective applications may be
returned to the applicant with notice to amend the same, pro-
viding the time limit for receiving applications has not
expired.
Nature And Tspes Of Examination
The selection techniques used in the examination process
shall be impartial and related to those subjects which, in
the opinion of the Personnel Officer, fairly measure the
relative capacities of the persons examined to execute the
duties and responsibilities of the class to which they seek
to be appointed. Examinations shall consist of selection
techniques which will test fairly the qualifications of can-
didates such as, but not necessarily limited to, written
tests, personal interviews, performance tests, physical agi-
lity tests, medical examinations, or any combination of these
or other tests. The probationary period which may include
the evaluation of daily work performance and work samples,
and the successful completion of prescribed training, shall
be considered as an extension of the examination process.
Examinations shall be designed to provide equal opportunity
to all candidates by being based on an analysis of the essen-
tial requirements of the class and covering only factors
related to such requirements.
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5.5.2
5.5.3
5.5.4
5.5.5
5.5.6
Open Competitive Examination
Open competitive examinations may be administered for a
single class as determined by the Personnel Officer. Names
shall be placed on employment lists, and shall remain on such
lists, as prescribed in Section 5.6 of this Rule.
Promotional Examination
Promotional examinations may be conducted whenever, in the
opinion of the Personnel Officer, the needs of the service
require. Promotional examinations may include any of the
selection techniques mentioned in Section 5.5.1 of this Rule,
or any combination of them. Employees who meet the require-
ments set forth in the promotional examination announcements
may compete in promotional examinations.
Continuous Examination
Continuous examinations may be administered periodically as
the needs of the service require. Names shall be placed on
employment lists, and shall remain on such lists, as
prescribed in Section 5.6 of this Rule.
Scorin9 Examinations And Qualifyin9 Scores .
A candidate's score in a given examination shall be the
average of scores on each competitive part of the examination
on which the candidate qualified, weighted as shown in the
examination announcement. The Personnel Officer may, at
his/her discretion, include as a part of the examination,
tests which are qualifying only.
Notification Of Examination Results, Review Of Papers~ and
Examination Appeal
Each candidate in an examination shall
notice of the results thereof.
be given written
Any candidate shall have the right to inspect his/her own
examination answer sheets within five working days after the
notices of examination results were mailed. Oral interview
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rating sheets, test booklets, and related examination mater-
ials are not open to candidate inspection. Any error in com-
putation, if appealed to the Personnel Officer within this
period, shall be corrected. Such corrections shall not,
however, invalidate appointments previously made.
5.6 EMPLOYMENT LISTS
5.6.1
5.6.2
5.6.3
Preparation And Availability
As soon as possible after the completion of an examination,
the Personnel Officer shall prepare and keep available an
employment list consisting of the names of .candidates who
qualified in the examination, arranged in order of final
scores, from the highest to the lowest qualifying score.
Duration Of Lists
Employment lists other than those resulting from a continuous
examination shall remain in effect for six (6) months, unless
sooner exhausted or abolished by the Personnel Officer upon
the recommendation of an Appointing Authority. A Department
Head may request the abolition of an employment list after
the employment list has been in effect for three (3) months.
Employment lists may be extended, prior to their expiration
dates, by action of the Personnel Officer for additional
periods. Open-competitive lists created as the result of
continuous examinations shall remain in effect for not more
than one year after the last administration of the examina-
tion. Names placed on such lists shall be merged with any
others already on a list in order of final scores and shall
remain on the list for not more than one year.
Reinstatement Lists
The names of probationary and regular employees who have been
laid-off shall be placed on appropriate reinstatement lists
in accordance with Rule 13.2. Such names shall remain
thereon for a period of one year unless such persons are
sooner reinstated or such persons refuse two (2) offers of
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reinstatement. When a reinstatement list is to be used to
fill vacancies, the Personnel Officer shall certify all of
the names on the list for consideration by the Appointing
Authority.
5.6.4
Removal Of Names From List
The name of any person appearing on an employment, reinstate-
ment or promotional list shall be removed by the Personnel
Officer if the eligible requests in writing that his/her name
be removed, if he/she fails to respond to a notice of cer-
tification mailed to his/her last known address, or for any
of the reasons specified in Section 5.4.3, of this Rule. The
person affected shall be notified of the removal of his/her
name by a notice mailed to his/her last known address. The
names of persons on promotional employment lists who resign
from the service shall automatically be removed from such
lists.
5.7 METHODS OF FILLING VACANCIES
5.7.1
Types Of Appointments
All vacancies shall be filled by transfer, demotion, rehire,
reinstatement, or from eligibles certified by the Personnel
Officer from an appropriate employment list. In the absence
of persons eligible for appointment from these means, provi-
sional appointments may be made in accordance with the
Personnel Ordinance and these Rules.
5.7.2
Notice To Personnel Officer
Whenever a vacancy is to be filled, the Department Head shall
notify the Personnel Officer in the manner prescribed.
5.7.3
Reinstatement Policy
If a reinstatement list is in effect for the classification
in which a position is to be filled, the Appointing Authority
shall attempt to fill the position from this list. If the
Appointing Authority is unable to make the appointment with
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5.7.4
5.7.5
an individual from the reinstatement list, or if no reinsta-
tement list exists for the classification, the Appointing
Authority, with the concurrence of the Personnel Officer
shall have the right to decide whether to fill the vacancy by
rehire, transfer, demotion, appointment from a promotional
employment list, or appointment from an open employment list.
Certification Of Eligibles
If it is not possible to fill the vacancy by reinstatement,
and the Appointing Authority, with the concurrence of the
Personnel Officer, does not consider it in the City's best
interest to fill the vacancy by rehire, transfer, or demo-
tion, certification shall be made from ~n appropriate
employment list, provided eligibles are available. When the
Appointing Authority requests a vacancy be filled by appoint-
ment from a promotional employment list or from an open
employment list, the Personnel Officer shall certify from the
specified list the names of five (5) persons with the highest
examination scores and willing to accept appointment.
Whenever there are fewer than five names of individuals
willing to accept appointment on a promotional employment
list or on an open employment list, the Appointing Authority
may make an appointment from among such eligibles or may
request the Personnel Officer to establish a new list. When
so requested, the Personnel Officer may hold a new examina-
tion and establish a new employment list.
Appointment
After interview and investigation, the Appointing Authority
shall recommend appointments from among those certified, and
shall immediately notify the Personnel Officer of the persons
recommended. The person recommended for appointment shall
present himself/herself to the Personnel Officer, or his/her
designated representative, for processing, including any
required medical examination, on or before the date of
appointment. If the applicant accepts the appointment and
presents himself/herself for duty within such period of time
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5.7.5
as the Appointing Authority and Personnel Officer shall
prescribe, he/she sha'll be deemed to be appointed; otherwise,
he/she shall be deemed to have declined the appointment.
Provisional Appointment
In the absence of there being names of individuals willing to
accept appointment pursuant to Rule 5.7.3, a provisional
appointment may be made by the Appointing Authority, with the
concurrence of the Personnel Officer, of a person meeting the
minimum training and experience qualifications for the posi-
tion. A provisional employee may be removed at any time
without the right of appeal. A provisional 6mployee may be
employed as such for up to six (6) months-duration. The
Personnel Officer may extend the period for any provisional
appointment for not more than an additional six (6) month
period.
5.8 PROBATIONARY PERIOD
5.8.1
5.8.2
Objective of Probationary Period
The probationary period shall be regarded as a part of the
testing process and shall be utilized for closely observing
the employee's work and for securing the most effective
adjustment of a new employee to his/her position.
Regular Appointment Followin9 Probationars Period
All original and promotional appointments shall be tentative
and subject to a probationary period of not less than six
months actual service for miscellaneous and one year for
safety employees. The Personnel Officer shall notify the
Department Head and the probationer concerned one month prior
to the termination of any probationary period. The
Department Head shall file with the Personnel Officer a sta-
tement in writing to the effect that the retention of such
employee in the service is desired or undesired. If an
unsatisfactory performance statement is filed, the employee's
employment may be immediately terminated.
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5.8.3
Rejection Of Probationer
During the probationary period, an employee may be rejected
at any time by the Appointing Authority, with the concurrence
of the Personnel Officer, without cause and without the right
of appeal. .Notification of rejection in writing shall be
served on the probationer and a copy filed with the Personnel
Officer.
5.9 PERFORMANCE EVALUATION
5.9.1
periods as determined by the Personnel Officer.
employee performance evaluations is to help
following:
Evaluations of the daily work performance of employees shall be
periodically conducted in accordance with procedures and time
The purpose of
achieve the
Be
be
assist individual employees in achieving maximum work capa
city by establishing work standards and objectives, reviewing
progress towards achieving designated results, and planning
the employee's future development.
provide a basis for employee selection and advancement, and
to identify those employees whose performance needs improve-
ment, is marginal, or unsatisfactory and to recognize
employees with above standard work performance.
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RULE 6
ATTENDANCE AND LEAVE
6.1 LENGTH OF SERVICE/VACATION AND SICK LEAVE
6.1.1
6.1.2
6.2 VACATION LEAVE
6.2.1
6.2.2
6.2.3
General
For the purpose of computing entitlement to vacation and sick
leave, an employee's length of service is counted from the
employee's date of hire.
Rehired Employees
For employees rehired into
to vacation and sick leave
length of service beginning
of re-hire.
City service, entitlement
shall be determined by
from the employee's date
Application
The following sections of Rule 6.2 shall apply to all those
applicable to these Rules as prescribed in Rule 1.3 and shall
apply to only the following exempt positions and referred to
in Rule 1.3:
a. City Manager.
b. City Clerk.
c. City Treasurer
Vacation Accumulation
Regular full-time employees earn and accumulate vacation with
pay in accordance with the schedules specified in the Compen-
sation Plan or agreements with employee organizations.
Schedulin9 Of Vacations
The time at which an employee takes vacation leave is deter-
mined by the prior approval of the supervisor with due regard
to the employee and the needs of the City.
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6.2.4
6.2.5
6.2.6
6.2.7
6.2.8
6.3 SICK LEAVE
6.3.1
Leave Of Absence
An employee continues to accrue vacation during
authorized and compensated leave. The employee
not accrue vacation during any leave without pay.
any
does
Illness During Vacation
If an employee becomes ill while on vacation, the time ill is
charged to accumulated sick leave of the employee provided
that the employee can satisfactorily demonstrate that he/her
was under the direct care of a medical doctor such as in a
hospital.
Holiday During Vacation
· If a City holiday occurs while an employee is on vacation,
such holiday time is not deducted from the amount of vacation
to which the employee is entitled.
Accounting For Vacation Used
Each employee has one (1) hour deducted from his/her accrued
vacation for each hour of vacation taken.
Separation Vacation Pay
Upon separation, an employee receives compensation at his/heW
current salary rate for all unused earned vacation up to and
including the date of separation provided that he/she has
served six (6) continuous months with the City and success-
fully completed the required probationary period.
Sick Leave Accumulation
Regular full-time employees earn and accumulate sick leave
with pay in accordance with the schedules specified in the
Compensation Plan or agreements with employee organizations.
An employee continues to earn sick leave while on any paid
leave.
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6.3.2
6.3.3
6.3.4
AccountinQ Of Sick Leave Used
Each employee has one (1) hour deducted from the employee's
accrued sick leave time for each hour of sick leave taken.
Holiday During Sick Leave
In the event that a paid holiday occurs during a period when
the employee is on sick leave, the holiday is not charged
against the employee's accrued sick leave.
Use Of Sick Leave
An employee eligible for sick leave is granted such leave for
the following reasons:
a. Non service-related illness or injury to the employee or
physical or mental incapacity of the employee due to non
service-related illness or injury.
Medical or dental office or hospital visits for examina-
tions, diagnosis, or treatment.
6.3.5
Up to 3 days sick leave off per year with pay may be
granted in the event of illness or disability of the
employee's immediate family.
d. Maternity related disabilities as provided in Rule 6.5.
ee
To make up the difference between an employee's regular
salary and workers' compensation benefits as stated in
Section 6.8.
Exclusions
No employee is entitled to sick leave while absent from duty
on account of any of the following causes:
a. Sickness or injury sustained while on leave of absence
without pay.
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6.3.6
6.3.7
b. Sickness or injury sustained from improper employee con-
duct as defined in Rule 14.2 herein.
Proof Required
The supervisor will approve sick leave only after having
ascertained that the absence was for an authorized' reason.
When absence is for more than three work days or if abuse of
sick leave is suspected, the Department Head may require the
employee to submit substantiating evidence including, but not
limited to, a physician's certificate. If the Department
Head requires the employee to submit substantiating evidence,
the Department Head shall make this requirement known to the
employee as soon as possible. If the Department Head does
not consider the evidence adequate he/she will disapprove the
request for sick leave, and such time off will be considered
a leave of absence without pay. In order for the employee to
be eligible for paid sick leave, the City reserves the right
to verify the reason for the use of sick leave by whatever
means the City deems appropriate.
Exhaustion Of Sick Leave
In the event an employee uses all of the sick leave the
employee has accrued, the employee may have any other paid
leave days the employee has accrued deducted for each day or
portion thereof he/she is absent due to illness upon the
approval of the supervisor. This deduction will continue
until the employee either returns to work or uses all his/her
accrued leave time. With the concurrence of the Department
Head, the supervisor may, pursuant to Rule 6.10, allow the
employee to take a leave of absence without pay if the
employee does not have any paid leave time or sick leave
remaining to his/her credit.
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6.4
6.3.8
HOLIDAYS
6.4.1
6.4.2
Separation/Sick Leave Pay After Five Years Continuous
Employment
Employees may be entitled to partial payment upon retirement
for unused sick leave as specified in the Memoranda of
Understanding with the employee organizations, provided that
agreements with employee organizations contain such provi-
sions.
Holidays
Holidays to be observed by the City are:
January 1st
Third Monday in February (President's Day)
Last Monday in May (Memorial Day)
July 4th
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11th (Veteran's Day)
Fourth Thursday in November (Thanksgiving Day)
Fourth Friday in November
December 25 (Christmas Day)
Benefit Day (for all non-sworn employees)
Entitlement policies to holiday leave shall be as specified
in the Memoranda of Understanding.
Holidays On Saturdays And Sundays
For those employees entitled to holiday leave, holidays which
fall on a Saturday shall be observed on the preceding Friday.
If any holiday falls on a Sunday, it shall be observed on the
following Monday.
6.5 MATERNITY LEAVE
Absence caused or contributed to by pregnancy, miscarriage, abortion, child-
birth and recovery therefrom, are, for all job related purposes, to be con-
sidered temporary inability to work. Accrued sick leave may be used prior
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to birth for childbearing or related circumstances (e.g. miscarriage, abor-
tion or recovery therefrom) as needed. Following birth, accrued sick leave
may be used for a period not to exceed six (6) weeks.
6.5.1
Maternity Leave Of Absence Without Pay
If absence because of childbirth or related circumstances
extends beyond the employee's accrued sick leave, then she
may use other accrued, unused leaves, or if also exhausted,
may take a leave of absence without pay as provided in Rule
6.10.
6.5.2
Notice-Date Of Departure/Return ,
To be eligible for sick leave because of childbearing or
related circumstances, a female employee shall give her
supervisor two weeks' notice, if possible, of her anticipated
date of departure and date of return.
6.5.3
6.5.4
Work During Pregnancy
Female employees may continue working during pregnancy as
long as the individual, her physician, and the Department
Head concur in her ability to work, and the demands of the
job are satisfied. Proof of the physician's concurrence must
be submitted at regular intervals during the employee's
pregnancy when requested by the supervisor.
Return From Maternity Leave
Upon return from leave, if related to pregnancy, childbirth,
or related circumstances, an employee shall return to her
same job or a similar job with at least the same pay.
6.6 LEAVES OF ABSENCE WITH PAY
6.6.1
Bereavement
In the event of a death in the employee's immediate family, a
regular full-time employee shall be entitled, at the discre-
tion of the Personnel Officer, to 1-5 working days off with
pay to attend the funeral.
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6.7
The relatives designated shall include father, mother, wife,
husband, brother, sister, daughter, son, grandparents,
brothers and sisters having one parent in common, and those
relationships generally called "step", providing persons in
such relationships have lived or have been raised in the
family home and have continued an active family
relationship.
To be eligible for bereavement leave, the employee must
attend or make bona fide effort to attend the funeral.
Bereavement leave is not compensable when the employee is on
leave of absence, vacation, bona fide lay off, or for days
falling outside the employee's regular work period.
Bereavement leave is not chargeable against sick leave.
6.6.2
Court Leave
While on jury duty or while appearing as a legally required
witness, except in private cases not related to the
employee's job, an employee will receive full pay from the
City. For purposes of payroll, an employee must obtain vali-
dation from the Jury Clerk of time spent on jury duty.
MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of
state law. All employees entitled to military leave shall give the
Department Head an opportunity within the limits of military regula-
tions to determine when such leave shall be taken.
6.7.1
Employees who are called or volunteer for services with the
armed forces of the United States or the California National
Guard shall be entitled to be considered for reinstatement in
accordance with the provisions of these rules.
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6.7.2
6.7.3
An employee promoted to fill a vacancy created by a person
serving in the armed forces shall hold such position subject
to the return of the veteran. The employee affected by the
return shall be restored to the position he or she held pre-
viously or any other equivalent position.
A new employee hired to fill a vacancy created by a person
serving in the armed forces shall hold such position subject
to the return of the veteran. The employee affected by the
return shall be placed in as nearly equal a vacant position
as may exist, or if no such position exists, may be subject
to lay-off.
6.8 WORKERS' COMPENSATION
All employees of the City will be covered by the workers' compensation
laws of the State. Any non-safety employee who is eligible for temporary
disability payments under the workers' compensation law, shall, for the
duration of such payments, receive only that portion of his/her regular
salary which, together with said payments, will equal his/her regular
salary. Unless otherwise advised in writing within a five-day period
such salary payments made during a period of temporary disability pay-
ments shall be charged against the employee's accumulated sick leave or
vacation leave at the election of the employee. Should the employee's
accumulated sick leave and vacation leave be exhausted, the employee
shall be subject to a leave of absence without pay. In order not to work
an undue hardship on the employee caused by the time lag involved in tem-
porary disability, the employee, at the discretion of the Personnel Offi-
cer, may be paid his/her full salary to the extent of accumulated sick
leave or vacation leave, and on receipt of temporary disability payments
shall endorse such payments to the City. After exhausting sick leave and
vacation benefits and while the employee continues to receive workers'
compensation benefits, the City may collect from the employee the employ-
ee's costs of insurance and the City may pay the employer's cost of
insurance. After the employee has exhausted sick leave and vacation bene
fits, the City will make no contributions to the retirement plan.
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6.9 WORK HOURS
6.9.1
Hours Of Work
The work week for all probationary and regular employees
shall be as defined by Departmental operatin§ policies. The
normal working hours are from 8:00 a.m. to 5:00 p.m., Monday
through Friday. The Department Head may establish work sche-
dules which vary employee work day and hours according to the
best interests of the City.
6.9.2
Meal And Rest Periods
The timing of meal and rest periods for all employees shall
be recognized as a privilege and shall be as prescribed by
Departmental operating policies.
6.10 LEAVE OF ABSENCE WITHOUT PAY
6.10.1 Employee Requested Leave of Absence Without Pay
The Personnel Officer may grant a regular or probationary employee leave of
absence without pay or seniority not to exceed three (3) months. No such
leave shall be granted except upon written request of the employee, setting
forth the reason for the request, and the response shall be in writing.
Upon expiration of a regularly approved leave of absence without pay, or
within a reasonable period of time after notice to return to duty, the
employee shall be reinstated in the position held at the time the leave was
granted. Failure on the part of an employee on leave of absence without pay
to report promptly at its expiration, or within a reasonable time after
notice to return to duty, shall be cause for discharge. The City Manager
may review and extend leaves of absence at his/her sole discretion.
Department Heads may grant a regular or probationary employee leave of
absence without pay not to exceed one (1) calendar week. All leaves of
absence without pay shall be reported to the Personnel Officer.
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6.10.2 Medical Leave Of Absence
An employee who is mentally or physically incapacitated to perform his/her
duties may, upon the written request of the employee or upon the recommen-
dation of the Appointing Authority, and with the approval of the City
Manager, be placed on leave of absence without pay or seniority for a period
not to exceed six months. After six months the leave may be extended if
recommended by the appointing authority and approved by the City Manager.
During the period of approved leave an. employee may, upon written request,
continue certain group benefits. Payments for such benefits shall be paid
by the employee to the City on or before the due date, as required. Upon
the expiration of the approved leave and resolution of his/her disability,
the employee shall be reinstated in the position held at the time leave was
granted, provided the position is available.
A leave of absence without pay shall be considered an interruption in the
probationary period. Time off on a leave of absence without pay by a proba-
tionary employee shall not be counted as part of the probationary period
(see Rule 13.2.9).
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RULE 7
MEDICAL EXAMINATIONS
7.1 MEDICAL EXAMINATIONS REQUIRED
Medical examinations may be required under the following circumstances.
a) In order to be eligible for employment or re-employment with the City.
b) In order to be eligible for promotion or transfer to a job classifica-
tion requiring greater physical qualifications than his/her present job
classification.
c) Any employee may be required to undergo a medical examination at any
time designated by the Personnel Officer.
7.2 PHYSICIAN
All medical examinations will be performed by a licensed physician approved
by the Personnel Officer.
7.3 COST OF EXAM
The City will pay the cost of any medical examination required under this
Rule.
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RULE 8
OUTSIDE EMPLOYMENT
8.1 OUTSIDE EMPLOYMENT
8.1.1 General Provisions
A City employee shall not engage in any outside employment that is
detrimental to, or in conflict with his/her duties or service with
the City. An employee must notify the Personnel Officer in
writing of any outside employment together with sufficient infor-
mation regarding such outside employment as may be requested by
the Personnel Officer. A Department Head shall be privileged to
inquire as to an employee's off-duty employment when the
Department Head believes that such a condition may exist.
The Personnel Manager shall have the authority to determine if an
employment conflict exists, with the right of appeal to the City
Manager.
-43-
RULE 9
NEPOTISM
9.1 GENERAL PROVISIONS
There is no bar to relatives in City positions except where one of them
would exercise a supervisory or evaluative role in relation to the other
or one relative might be in a position to exert influence on the hiring,
promotion, transfer, or performance evaluation of another.
-44-
RULE 10
REPORTS AND RECORDS
10.1 OFFICIAL RECORDS
The Personnel Office keeps all official personnel records necessary for
transactions and reference and for making reports showing administrative
actions including records of employment history of each employee, classi-
fication plan, performance evaluation records, compensation plan, files,
books, and correspondence.
10.2 CHANGE OF STATUS REPORT
Every appointment, transfer, promotion, demotion, change of salary rate
and other temporary or permanent changes in status of employees must be
reported to the Personnel Officer in such manner as prescribed by the
Personnel Officer.
10.3 PERSONNEL FILE
10.3.1
10.3.2
Content Of Personnel Files
The Personnel Office will maintain a file on each employee which
will contain all records and documents pertinent to his/her
employment status and history.
Access To Personnel Files
The Confidential information in personnel files will not be
revealed to outside sources except as required by law, or with the
consent of the employee and the Department Head. The Personnel
Office may reveal the following information regarding an employee,
or ex-employee, in response to outside inquiries:
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a) Employee's name.
b) Classification title and department.
C) Status.
d) Salary Range.
e) Hire date and/or termination date.
This information is a matter of public record and is available to
anyone. An employee, his/her immediate supervisor and/or
Department Head, or his/her representative with written consent of
the employee, may inspect his/her personnel file at any time
during the normal working hours of the Personnel Office. Upon re-
quest, the employee or representative shall receive a copy of any
materials in the personnel file provided that the cost for such
copies is paid by the employee. An employee shall be furnished a
copy of any statement written for inclusion in the employee's per-
sonnel file concerning the employee's conduct or performance. An
employee may prepare material for insertion in his/her personnel
file in response or rebuttal to any derogatory material in that
file.
RULE 11
TRAINING
11.1 GENERAL POLICY
It is the policy of the City to encourage and promote training and educa-
tional opportunities for all City employees to the end that the services
they render to the City may be made more effective.
11.2 ORIENTATION OF NEW EMPLOYEES
Within a reasonable period of time following initial employment, the Per-
sonnel Officer and Department Heads shall familiarize a new employee with
the employee's obligations and rights and also inform the employee about
the functions and operations of the City. The Personnel Officer shall
assist Department Heads and supervisors with the orientation of new em-
ployees.
11.3 TIME OF TRAINING PERIODS
Authorized training periods may be conducted either during or after normal
working hours. Training sessions conducted during normal working hours
shall be arranged so as to minimize interference with scheduled work.
11.4 TYPES OF TRAINING
For the purpose of administration, the following categories of training are
recognized.
11.4.1
In-Service Training
Any formal employee training or development program that is spon-
sored by the City. Such programs are designed and conducted to
meet job related needs of City employees.
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11,4.2
Out-Service Trainin9
Any formal employee training or development program that is spon-
sored .and conducted by any agency or organization other than the
City. Assignment to such a program is for the purpose of meeting
the needs of the City, for continuing employee training develop-
ment, and the upgrading of employee's skills. Conferences and
seminars that are conducted primarily for training and educational
development purposes are considered out-service training.
11.4.3
Required Out-Service Trainin9
Required out-service training is directly related to improving the
employee's performance of present duties and is Fequired by the
City.
11.4.4
Career-Related Elective Out-Service Training
Career-related, elective, out-service training is related to
improving the employee's performance of present or future assign-
ments in the City, and is not required by the City.
11.5 PAYMENT OF TRAINING EXPENSES
11.5.1
Approval Of Department Head '
No out-service training may be authorized or expenses paid without
the prior approval of the Department Head.
11.5.2
Required Out-Service Trainin9
When assigned to required out-service training, the employee
receives his/her regular salary and is reimbursed for tuition,
travel, meals, and lodging at established rates set by the
Personnel Officer.
11.5.3
Career-Related Out-Service Training
When an employee desires to participate in career-oriented out-
service training, the Personnel Officer may, within budgetary
limits and in accordance with Departmental policies, authorize the
payment of regular salary and reimbursement up to 100% for
tuition, travel, meals and lodging.
- 48-
11.5.4
Incompleted Assignment
An employee who does not satisfactorily complete an out-service
training or educational assignment according to standards deter-
mined by the Personnel Officer is not eligible for reimbursement
of tuition and other necessary expenses and shall return any
advance payment received. The employee may also be subject to
disciplinary action as provided in these Rules.
The employee or his/her estate will receive reimbursement for
tuition and other necessary expenses if the training assignment is
terminated prior to completion either:
a. At the convenience of the City.
b. Because of death, prolonged illness, disability or other
eventuality beyond the control of the employee as determined
by the Department Head and approved by the Personnel
Officer.
RULE 12
TRANSFER, PROMOTION, DEMOTION AND REHIRE
12.1 TRANSFER
No person shall be transferred to a position for which he/she does not
possess the minimum qualifications. Upon notice to the Personnel Officer,
an employee may be.transferred by the Department Head at any time from one
position to another position in a comparable class. For transfer purposes,
a comparable class is one with. the same maximum salary and benefits,
involves the performance of similar duties and requires substantially the
same basic qualifications.
If the transfer involves a change from one Department to another, both
Department Heads must consent thereto unless the City Manager directs the
transfer for purposes of economy and efficiency.
12.2 PROMOTIONS
Insofar as consistent with the best interests of the City, as determined by
the Personnel Officer in consultation with the Department Head, all vacan-
cies may be filled by promotion from within, after a promotional examination
has been given and a promotional list established.
If, in the opinion of the Personnel Officer in consultation with a Depart-
ment Head, a vacancy in the position could be filled better by an open-
competitive examination instead of promotional examination, then he/she
shall arrange for an open-competitive examination and for the preparation
and certification of an open-competitive employment list, as provided in
these Rules.
12.3 DEMOTION
The Appointing Authority, with the concurrence of the Personnel Officer, and
as provided for in these Rules, may demote an employee for disciplinary pur-
poses. Upon request of the employee, and with the consent of the Appointing
- 50-
Authority, voluntary demotion may be made. No employee shall be demoted to
a position for which he/she does not possess the minimum qualifications.
12.4 REHIRE
The Appointing Authority with the concurrence of the Personnel Officer may
rehire a regular or probationary employee who has completed at least six
months of probationary service and who has resigned with a good record, to a
vacant position in the same or comparable classification from which the
employee resigned. Upon rehire, the employee shall be subject to the proba-
tionary period prescribed for the class. No credit for former employment
shall be granted in computing salary, vacation, sick leave,, or other bene-
fits. If an employee has previously resigned twice from regular positions
the employee may not be considered for rehire (See Rule 13.3).
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RULE 13
SEPARATION FROM THE SERVICE
13.1 DISCHARGE
An employee may be discharged at any time by the Appointing Authority as
provided for in these Rules. Whenever it is the intention of the Appoint-
ing Authority to discharge an employee, the concurrence of the Personnel
Officer is required.
13.2 LAYOFF
13.2.1
General Policy
An employee may be laid-off because of either the abolishment of
his/her position or a determination by the City that there is a
shortage of work or funds. The City Manager shall determine when
and in what position classifications layoffs are to occur., The
Personnel Officer shall be responsible for the implementation of a
layoff order of the City Manager in accordance with the procedures
described herein.
13.2.2
Scope And Order Of LayOff
Layoffs shall occur in inverse order of seniority within a job
classification in the following order of employee status:
a. Provisional
b. Temporary Part-Time
c. Temporary Full-Time
d. Probationary
e. Regular Part-Time
f. Regular Full-Time
The Personnel Officer shall make an effort to transfer an employee
who is affected by a layoff to a vacant position for which the
Personnel Officer determines the employee is qualified.
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13.2.3
13.2.4
13.2.5
Notice of Layoff To Employee Organizations
When layoffs are to occur, the Personnel Officer shall notify the
appropriate employee organizations whose members would be affected
thereby.
Notice of Layoff To Employees
An employee to be laid-off shall be notified in writing of the
impending action at least ten (10) calendar days in advance of the
effective date of the layoff. The notice shall include the
following information:
a. Reason for layoff.
b. Effective date of layoff.
c. Employee rights as provided in these rules.
Seniority Date
The seniority date of an employee shall be based upon the original
date of hire for regular City employment or, in cases where there
has been a break in continous employment, the most recent date of
hire for regular City employment. 'Periods of military service or
approved leaves of absence or if the employee served in good
standing for a minimum of five years with a service interruption
of not more than two years shall be credited as continuous service
with the City.
13.2.6
Seniority List
When the City Manager has determined that layoffs shall occur, the
Personnel Officer shall prepare a list of seniority for employees
in affected classifications. The list shall place the employee
with the most recent seniority date first, the employee with the
next most recent seniority date second, and so forth. A copy of
the list shall be made available to affected employees and their
employee organization. Regular employees demoted due to non-
disciplinary reasons shall be placed on the seniority list for
both their original classification and for the classification to
which they were demoted.
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13.2.7
13.2.8
Reinstatement Following LayOff
For a period of twelve (12) months from the date an employee is
laid-off or demoted due to non-disciplinary reasons, the name of
the employee shall be placed on a reinstatement list for the job
classification held by the employee at the time of the layoff or
demotion. Placement on t'he reinstatement list shall be in order
of seniority and prior performance as determined by the City. Any
vacancy occurring in a classification for which such a list has
been developed shall be filled by the most senior person on the
list provided that the following conditions are met:
a. the most senior person listed is still qualified for the
classification; and
be
Ce
the most senior person listed is available and accepts
the reinstatement offer; and
the City is not prohibited by law or court ruling from
making the reinstatement on this basis.
A regular employee who has been laid off may request that his/her
name be placed on the reinstatement list for a lower class in
his/her current job series. Such requests shall be made to the
Personnel Officer within ten (10) calendar days of the employee's
date of layoff and shall be made in the manner specified by the
Personnel Officer.
Removal'Of Names From Reinstatement Lists
The Personnel Officer may remove an employee's name from a rein-
statement list if any of the following occur:
a. the individual indicates that he/she will be unable to
return to employment with the City during the life of
the list; or
b. the individual cannot be reached after reasonable
efforts have been made to do so; or
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13.2.9
c. the individual refuses two (2) reinstatement offers.
,Employee Rights And Responsibilities
In addition to others identified herein, employees affected by
these procedures shall have the following rights:
ae
Through prior arrangement with his/her immediate super-
visor, an employee who has been notified of his/her
impending layoff shall be granted reasonable time off
without loss of pay to participate in a prescheduled
interview or test for other employment. In addition,
through prior arrangement with his/her immediate super-
visor, and employee may also use accrued vacation leave
time to seek and apply for other employment.
be
An employee who has been laid off shall be paid as pro-
vided for in these Rules for his/her unused accrued
vacation leave on the effective date of the layoff.
Ce
An employee who has been laid off may be allowed to con-
tinue health insurance coverage in the group at his/her
own cost for six (6) months after the layoff providing
that the insurance policy allows for such continuance.
This provision of health insurance will cease if the
employee finds other employment. To have this coverage
the employee must notify the Personnel Officer in
writing within ten (10) days after receipt of the noti-
fication of layoff.
de
An employee who receives a notice of layoff may displace
an employee in the same classification or an employee
holding a lower classification in the laid off
employee's current job series provided that:
i. he/she has more City seniority than the employee to
be displaced;
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ii. he/she is willing to accept the reduced level of
compensation, if any;
iii. he/she meets the minimum qualifications for the
other classification which are in effect on the
date of the layoff;
iv.
he/she requests displacement action to the Person-
nel Officer within ten (10) days after receipt of
the notification of layoff in the manner prescribed
by the Personnel Officer.
When an individual is reinstated h~/she shall be
entitled to:
i. Retain his/her seniority date;
ii. Accrue vacation leave at the same rate on which it
was accrued at the time of the layoff;
iii. Have any unused or uncompensated sick leave
reinstated.
An individual reinstated into the job classification from which
he/she was laid off shall be assigned to the same salary range and
step he/she held at the time of the layoff. An individual rein-
stated into a job classification other than the classification
from which he/she was laid off, shall be assigned to the salary
range of the new classification at the amount closest to the
salary he/she earned at the time of the layoff. An individual who
has been laid off for a period longer than six (6) months shall,
upon reinstatement, complete a probationary period of one (1)
month for each month over the six (6) months the employee was laid
off, which will not exceed a total probationary period of six (6)
months duration. An individual reinstated into the classification
from which he/she was laid off while still a probationary employee
shall complete, upon return to the job, the remaining portion of
13.2.10
his/her probationary period, if any, in effect at the time of the
layoff and in addition he/she shall complete one (1) month of pro-
bation for each month laid off, not to exceed a total probationary
period of six (6) months. Similarly, an individual who is
reinstated shall complete upon return to the job the same work
time he/she would have had to work at the time of the layoff to
attain a higher vacation leave accrual rate or to become eligible
for a salary step increase, if such changes are possible. An indi-
vidual who is rehired is not eligible for the provisions of this
subsection (13.2.9e) of this Rule.
Appeals
An employee aggrieved by actions taken or interpretations made
pursuant to the procedures described in this Rule may exercise the
appeal procedures as hereinafter provided in Rule 14. Determina-
tions by the City Manager relative to when and in what classifica-
tion layoffs are to occur shall not be matters subject to the
appeal procedures.
13.3 RESIGNATION
An employee wishing to leave City employment in good standing shall file
with the Personnel Officer, a written resignation stating the effective
date at least two weeks before leaving, unless such time limit is waived by
such official. The City will pay an employee for all hours worked
within 72 hours after termination, and will thereafter pay all accumulat-
ed reimbursable benefits as early as feasible. Failure to give notice as
required by this Rule may be cause for denying future employment by the
City. An employee who resigns from employment with the City from two regu-
lar positions may not be considered for a third position with the
City.
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RULE 14
CONDUCT AND DISCIPLINE
14.1 EMPLOYEE CONDUCT GENERALLY
It is expected that all City employees shall render the best possible ser-
vice and reflect credit on the City, and therefore high standards of conduct
are essential.
14.2 IMPROPER EMPLOYEE CONDUCT
The term "improper conduct" means not only any improper action by an em-
ployee in the employee's official capacity, but also conduct by an employee
not connected with the employee's official duties which brings discredit to
the City, or which affects the ability to perform the employee's duties
officially, or any improper use of the position as an employee for personal
advantage. Improper conduct may be cause for disciplinary action. In addi-
tion, improper conduct includes, but is not limited to, the following:
a. Violation of any Federal, State or local law.
b. Being under the influence of intoxicating beverages or unpre-
scribed narcotics or drugs while on duty.
c. Failure or refusal to comply with a lawful order or to accept a
reasonable and proper assignment from an authorized supervisor.
d. Inefficiency, incompetence, carelessness or negligence in the per-
formance of duties.
e. Inattention to duty, tardiness, indolence, carelessness, or damage
to or negligence in the care and handling of City property.
f. Improper or unauthorized use of City vehicles or equipment or
misappropriation of supplies.
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g. Claim of sick leave under false pretense or misuse of sick leave.
h. Furnishing false information to secure appointment.
Absence from duty without leave, failure to report after leave of
absence has expired or after such leave of absence has been disap-
proved, revoked, or cancelled.
Willful violation of these Rules and Regulations, Departmental
Rules and Policies, or any written policies which may be
prescribed by the City.
Acceptance by an employee of any bribe, gratuity, kickback, or
other items of value when such is given in the hope'or expectation
of receiving preferential treatment.
Any action which reflects discredit on the City or is a direct
hindrance to the effective performance of City functions.
me
Outside work which creates a conflict of interest with City work,
causes discredit to the City, or detracts from the efficiency of
the employee in the employee's City work.
n. Failure to obtain and maintain a current license or certificate as
a condition of employment.
o. Any other conduct of equal gravity to the reasons enumerated
above.
14.3 DISCIPLINARY ACTION
The purpose of disciplinary action is to correct deficiencies in employee
performance, to assure improvement to meet appropriate standards, and/or to
correct for violation of these Rules.
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14.3.1
14.3.2
14.3.3
14.3.4
14.3.5
Oral Or Written Reprimand
When the Department Head or immediate supervisor determines more
severe action is not immediately necessary, he/she may orally or
in writing communicate to the employee the deficiency or problem
observed. If the reprimand is put in writing, a copy is filed in
the employee's personnel file after being signed by and a copy
given to the employee. Refusal to sign shall be noted before
filing. Failure to correct deficiencies and improve to meet stan-
dards may result in further discipline including suspension,
reduction in pay, demotion, and discharge.
Suspension
A Department Head may suspend an employee for cause and without
pay, upon the approval of the Personnel Officer, for up to thirty
(30) calendar days after the appropriate disciplinary proceedings.
The Department Head may authorize immediate suspensions in an
emergency situation or when the seriousness of a matter warrants.
The disciplinary proceedings shall determine whether the immediate
suspension shall be with or without pay. No employee shall be
suspended without pay for more than thirty (30) calendar days in
any consecutive twelve (12) month period.
Reduction in Pay
The Appointing Authority, with the concurrence of the Personnel
Officer, may reduce an employee's pay for cause to a lower step or
range as a disciplinary action.
Demotion
The Appointing Authority, with the concurrence of the Personnel
Officer, may demote an employee for cause as a disciplinary
action.
Discharge
An employee may be discharged for cause by the Appointing
Authority and with the concurrence of the Personnel Officer.
Regular employees shall be discharged only after appropriate
disciplinary proceedings, except in an emergency situation or
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serious incident. The Appointing Authority may suspend the em-
ployee with pay immediately, as provided in Rule 14.3.2, pending
the proper disciplinary process. Prompt disciplinary processing
shall follow.
14.3.6
Disciplinary Procedures
Whenever any of the above actions are to be taken, the Appuinting
Authority shall notify the Personnel Officer. The Personnel
Officer shall be responsible for determining that the process
outlined in Sections 14.4 through 14.7 of this Rule is followed
and that the action to be taken is in accordance with the provi-
sions of Rule 4 and Rule 12. ~
14.4 NOTICE OF PROPOSED DISCIPLINARY ACTION
Except in cases of emergency or when immediate action is required, notice
shall be given by the Department Head to the affected employee in accord-
ance with procedures established by the Personnel Officer. Such procedures
shall be developed in accordance with State law. In cases of emergency or
when immediate action is required, the affected employee shall be verbally
informed of the reasons for the immediate action and shall be served with a
notice of proposed disciplinary action as soon as possible thereafter.
14.5 DISCIPLINARY HEARING
The disciplinary hearing is an informal meeting at which the employee has
an opportunity to rebut the charges against him/her or to state any miti-
gating circumstances. As appropriate, the employee's supervisor, or the
Appointing Authority will hear and consider the employee's response.
14.6 NOTICE OF DECISION
Following receipt and consideration of the written response or facts stated
at the disciplinary hearing, or following no response by the required date,
the supervisor or the Appointing Authority shall prepare a notice of the
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action to be taken and effective date. The notice shall be delivered to the
employee and a copy filed with the Personnel Officer before the effective
date.
If initial consideration of the employee's response is made by the em-
ployee's Department Head, and the employee is not satisfied with the de-
cision of the Department Head, tho employee may appeal in writing the
Department Head's decision to the Personnel Officer. The Personnel Officer
shall, following receipt and consideration of the written appeal, prepare a
notice of the action to be taken and the effective date. The notice shall
be delivered to the employee and a copy filed before the effective date.
14.7 APPEAL OF DECISION
In the event that an affected employee is not satisfied with the decision
after the hearing, the decision may be appealed in writing to the City
Manager within thirty (30) calendar days from the date of receipt of the
notice of decision. Not less than ten (10) days nor more than thirty
(30) days from the date of filing the City Manager shall hear the matter.
After due consideration, the City Manager shall give his/her written final
decision to the employee within ten (10) calendar days.
14.8 EMPLOYEE REPRESENTATION
Employees may have a representative present at all stages of the discipli
nary process provided that the representative is not a party to the action
involved.
14.9 RETRIBUTION FOR APPEAL
No employee shall be penalized in any way for availing himself/herself of,
or participating in, the appeal process.
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RULE 15
GRIEVANCE PROCEDURE
15.1 PURPOSE
The purpose of the Grievance Procedure is to:
a. Afford employees a systematic means of obtaining consideration of
concerns or problems.
b.Provide that grievances are settled as near
point of origin.
c. Provide that appeals are conducted as informally as possible.
as possible to the
15.2 MATTERS SUBJECT TO GRIEVANCE
Any alleged violation of these Rules and Regulations, any alleged improper
treatment of an employee, or any decision affecting an employee's employ-
ment is considered to be a matter subject to review through the grievance
procedure.
15.3 MATTERS NOT SUBJECT TO GRIEVANCE
Employees may initiate a grievance and at the first or subsequent steps in
the grievance procedure a decision may be made that the matter involved is
not subject to grievance. Such matters may include, but are not limited to,
merit increases, compensation, work methods, equipment, hours of work, ser-
vices provided, staffing levels and allocation to classifications.
15.4 GRIEVANCE PROCEDURE
Step One
An attempt must be made to resolve all grievances on an informal basis be-
tween the employee and the immediate supervisor. It is the responsibility
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of the employee to initiate this process within five (5) calendar days of
the date when the aggrieved action or incident became known to the
employee.
Step Two
If the grievance is not satisfactorily resolved on an informal basis, the
grievance is submitted in writing to the employee's immediate supervisor
within ten (10) calendar days after the informal decision of the immediate
supervisor. The supervisor must deliver his/her answer in writing to the
employee within fifteen (15) calendar days after receiving the appeal.
Step Three
If the grievance is not satisfactorily resolved at the second step, the
employee shall present his/her appeal to his/her supervisor's immediate
supervisor within ten (10) calendar days after receipt of the written deci-
sion of his/her supervisor. The supervisor receiving the appeal shall
render a decision, in writing, and return it to the employee within fifteen
(15) calendar days after receiving the appeal.
Step Four.
If the grievance is not satisfactorily resolved at the third step, it is
submitted in writing to the Department Head within ten (10) calendar days
after the supervisor's decision is received. The Department Head must
deliver his/her answer in writing to the employee within fifteen (15) calen-
dar days after submission of the grievance to the Department Head.
Step Five
If the grievance is not satisfactorily resolved at the fourth step, it is
submitted in writing to the City Manager within ten (10) calendar days after
the Department Head's answer is received. The City Manager shall render a
decision in writing to the employee within twenty (20) calendar days after
receiving the appeal.
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15.5 CONDUCT OF GRIEVANCE PROCEDURE
15.5.1
15.5.2
15.5.3
15.5.4
Time 'limits specified above may be extended to a definite date by
mutual agreement of the employee and the reviewer concerned.
The employee may request the assistance of another person of
his/her own choosing in preparing and presenting his/her appeal to
any level of review.
The employee and his/her representative may be privileged to use a
reasonable amount of work time as determined by the appropriate
Department Head or supervisor in conferring about and presenting
the appeal.
Employee must be assured freedom from reprisal for using the
grievance procedure.
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RULE 16
EQUAL EMPLOYMENT OPPORTUNITY
16.1 GENERAL POLICY
It is the policy of the City of Poway to provide equal employment opportun-
ity to all persons.
All City recruitment, hiring, training, promoting, and transferring shall be
done without regard to race, color, religion, national origin, sex, marital
status, political affiliation, age, or physical or mental handicaps not
constituting bona fide occupational qualifications and all personnel poli-
cies, procedures, and practices shall be administered accordingly.
The City of Poway recognizes its moral and legal responsibility to provide
equal employment opportunity, to take affirmative and direct action at all
levels Of City government r~garding job classifications, salaries, training,
fringe benefits, and other personnel policies and to improve employment and
career opportunities for minority group persons and women according to
affirmative action principles.
The City Manager is responsible for implementation of all equal employment
opportunities and affirmative action programs adopted by the City.
Appointing Authorities are required to assure that equal employment oppor-
tunity concepts are supported by their organizations. Employee organiza-
tions must support and comply with adopted programs and the Personnel
Officer shall maintain appropriate records and prepare status reports on
implementaion.
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RULE 17
SALARY ADMINISTRATION
17.1 GENERAL POLICY
It is the~policy of the City of Poway to provide'a systematic method for
employees to become eligible for advancement through salary schedules.
17.2 MERIT INCREASES - PART-TIME EMPLOYEES
Part-time employees shall be eligible for normal merit increases based upon
satisfactory performance following completion of an equivalent amount of
service as required for full-time employees as shown in Section 17.3.
17.3 MERIT INCREASES - FULL-TIME EMPLOYEES
A full-time employee shall be eligible for a merit increase in accordance
with the appropriate steps in their classification pay range as follows:
Full-time employees are eligible for a compensation advancement to the
next step upon becoming a regular employee after the completion of a
minimum of six months of service in the new position, and upon the
recommendation of the Department Head and the approval of the City
Manager. Eligibility for subsequent step advancement shall occur
thereafter upon completion of 12 calendar months of employment until
the employee reaches the top step for his/her classification. This
period may be modified in conjunction with the performance appraisal
recommendations and if approved by the Department Head, the Personnel
Manager, and the City Manager.
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The normal progression through the salary range shall be as follows:
Step A plus 6 months employee becomes eligible for Step B
Step B plus 1 year " " " " Step C
Step C plus i year " " " " Step D
Step D plus I year " " " " Step E
The normal total time to advance from Step A to Step E would be 3½ years.
17.4 MERIT INCREASES - EXCEPTIONAL PERFORMANCF
An employee may be advanced from Step B to Step C or any subsequent step in
the salary range sooner than the normal progression if the employee's per-
formance has been exceptional and the employee's supervisor and Department
Head recommend, and the City Manager approves, of the early advancement.
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CHAPTER III
INDEX TO PERSONNEL RULES
This Chapter provides an index to the City of Poway Personnel Rules and Regu-
lations described in Chapter II. The purpose of this index is to facilitate the
use and understanding of the rules and regulations. Index references in no way
alter or interpret the rules and regulations.
This index makes reference to key words or terms used in the rules and regula-
tions. The key word or term is shown in capital letters with subsequent list-
ings of specific uses and page numbers.
ALLOCATION
Definition of ....................... 8
Responsibility for .................... 18
ANN IVERSARY
Definition of ..................... 8
· . 8
Following Promotion ................
APPLICATIONS
Announcements ....................... 24
Disqualification ................... 25
Forms, if any ....................... 25
APPOINTMENT
Definition of .....................
Methods of filling vacancies .............
Original ........................
Provisional ......................
Probationary ......................
Promotional .......................
Regular .........................
8
28
8
9
9
9
9
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