1983-167-Approving And Adopting Revised Town Personnel RulesRESOLUTION N0, 1983 -167
A KLSULUTION OF THE TOWN COUNCIL OF
THE TOWN OF LOS GATOS APPROVING AND
ADOPTING REVISED TOWN PERSONNEL RULES.
RESOLVED, that the Town Council of the Town of Los Gatos does
hereby approve and adopt the revised Town Personnel Rules establish-
ing specific procedures and regulations governing the personnel system
(a copy of which is attached hereto).
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos,
California, at a regular meeting held this 15th day
of August , 1983, by the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Terrence
J. Daily, Thomas J. Ferrite and Vice Mayor
MarLyn J. Rasmussen
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Mayor Brent N. Ventura
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SIGNED: ` �-, l ��'%� t^�1 rflk,�'- �
VICE MAGI QR T 1N OF LOS GATOS
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ATTEST:
DEPUTY CLERK OF THE TOWN LOS GATOS
RULE I
GENERAL PROVISIONS
Section 1. PERS014NEL ORDINANCE
Personnel Rules are adopted pursuant to the Personnel
Ordinance, Chapter 21 of the Town Code.
Section 2. AMENDMENT OF RULES
Recommendation for amendment and revisions of these Rules
may be made by the Town Manager. Prior to consideration, an
amendment or revision shall be publicly posted for at least
five consecutive days, together with notice of the time,
place, and date of hearings by the Town Council. At the
time of consideration, any interested person may appear and
be heard. Amendments and revisions shall become effective
upon adoption by the Town Council following such hearing.
Section 3. VIOLATION OF RULES
Violation of the provisions of these rules shall be grounds
for rejection of applicants or disciplinary action of
incumbent employees.
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RULE II
Section 6. "Competitive Service ": The positions and employments which are
inc u-ded or w T c F may hereafter be included under the personnel
system by ordinance.
Section 7. "Demotion ": The movement of an employee from one position to
another which is allocated to a classification having a lower
maximum rate of pay.
Section . "Department Manager ": The person appointed by an appointing
power to be in charge of a department.
DEFINITION OF TERMS
The following
terms, wherever used in these Rules, shall be defined as follows:
Section 1.
"Allocation ": The assignment of a single position to its proper
c asst lcation and title in accordance with its duties and
responsibilities.
Section 2.
"Appointing Power ": The officers of the Town who by law have the
authority to make the appointment to the position to be filled:
(1) Council as to appointment of Manager, Attorney, or Tax and
License Collector.
(2) Town Attorney as to employees working under his /her
direction.
(3) Elected Cleric and Treasurer as to employees and deputies
working under the direction of each.
(4) Town Manager as to all other personnel. Any department
manager having a vacancy in a position under his /her
direction shall recommend his /her choice of the candidate to
be hired for a vacant position, and the Town Manager shall
have the authority to approve or disapprove such appointment
pursuant to the Personnel Ordinance and the Personnel Rules.
Section 3.
"Board ": The Personnel Board.
Section 4.
"Chair ": The Chairperson of the Personnel Board.
Section 5.
"Classification ": All positions sufficiently similar in duties
and responsibilities, and working conditions, to permit grouping
under a common classification with a common title, and to permit
the application with equity of common standards of selection,
transfer, promotion, and salary.
Section 6. "Competitive Service ": The positions and employments which are
inc u-ded or w T c F may hereafter be included under the personnel
system by ordinance.
Section 7. "Demotion ": The movement of an employee from one position to
another which is allocated to a classification having a lower
maximum rate of pay.
Section . "Department Manager ": The person appointed by an appointing
power to be in charge of a department.
Section 9. "Elected Officials ": Town Councilmembers, Town Clerk and Town
Treasurer.
Section 10. "Eligible ": A person whose name is on an employment list.
Section 11. "Employee": Any person, other than an elective official, hired
to-v-4—or-77or the Town at a regular salary in a position the duties
of which are subject to direct supervision and control by or in
behalf of the Town Manager. Independent contractors and members
of Town Boards and Commission, whether or not compensated, shall
not be deemed to be employees within the meaning of these Rules.
These rules shall be deemed applicable only to positions and
persons holding there to which Chapter 21 of the Los "Gatos Town
Code is applicable.
Section 12. "EriipToyment List ": A list of names of persons who have taken an
examination for a classification in the competitive service and
passed, and are ranked on the list in the order of the score
received.
Section 13. "Examination ":
(a) Open - Competitive Examination: An examination for a
particular classification which is open to all persons
meeting the qualifications.
(b) Promotional Examination: An examination for a particular
c asst ica ion, a mission to which is limited to permanent
and probationary employees in the competitive service who
meet the qualifications.
(c) Unassembled Examination: An examination consisting of an
appraisal of training, experience, work history, or any
other means for evaluating relative qualifications of
applicants without the necessity for their personal
appearance at a specified place and time.
(d) Oral Examination: An examination wherein interviews are
con ucte Ty one or more persons selected by the Personnel
Officer of each accepted applicant during which each is
rated as to relative ability to qualify for the
classification based on training, experience, personal
qualities, oral presentation and other pertinent
qualifications.
Section 14. "Hourly Employee ": An employee who is employed to work less than
the basic work week for the department and whose compensation is
based on an hourly rate.
Section 15. "Overtime Work ": Work which is required and authorized in excess
of the basic wort: week for the department and classification
involved.
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Section 16.
"Permanent Em ioyee ": An employee who has successfully completed
iris /her probationary period and has been retained with permanent
status as hereafter provided in these Rules.
Section 17.
"Personnel Ordinance ": Chapter 21 of the Town Code.
Section 13.
"Probationary Period ": A working test period during which an
employee is required to demonstrate his /her fitness for the
duties to which he /she is appointed by actual performance of the
duties of the position.
Section 19.
"Promotion ": The movement of an employee from one position to
anot er which is allocated to a classification with a higher
maximum rate of pay.
Section 20.
"Provisional Appointment ": An appointment by an appointing power
j a person who possesses the minimum qualifications established
for
a particular classification and who has been appointed to a
position in the competitive service in that classification in the
absence of available eligibles.
Section 21.
"Reinstatement ": The reemployment without examination of a
former permanent or probationary employee.
Section 22.
"Rejection": The separation of an employee from the service
during its /her probationary period.
Section 23.
"Salaried Em loyee ": An employee who is employed to work not
iess than t e basic work week, and whose compensation is based on
a monthly salary rate.
Section 24.
"Salary Step Advancement ": A salary increase of one or more
steps within the limits of the pay range established for a
classification.
Section 25.
"Salary Step Reduction ": A salary decrease within the limits of
t1e pay range Testa for a class.
Section 26.
"suspension ": The temporary separation from the service of an
employee without pay for disciplinary purposes.
Section 27.
"Temporary Appointment ": An appointment of a person to a
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position of T'1iii't oration.
Section 23.
"Transfer ": A change of an employee from one position to another
position in the same class or in a comparable class with the same
inaxitnum rate of pay,
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RULE III
PERSONNEL BOARD
Section 1. MEETINGS
The Personnel Board shall meet as required in order to carry out
its responsibilities, or on call of the Chair or two members of
the Board. Three members of the Board shall constitute a quorum
for the transaction of business.
Any regular meeting may be adjourned to a time certain and to a
Place designated by the Chair. All members of the Board shall
receive notice of any meeting of the Board.
The Board shall select its Chair and adopt its own rules of order
not otherwise provided by Town Code.
Section Z. PUBLIC HEARINGS
Hearings conducted by the Personnel Board shall be public and
subject to Government Code Sections 54950 et. seq. They shall be
conducted in private if they pertain to the appointment,
employment or discipline of a Town employee or pertain to the
hearing of a complaint or charge brought against an officer or
employee of the Town, unless such officer or employee requests a
public hearing. Such body may also exclude from any such public
or private meeting, during the examination of a witness, any or
all other witnesses in the matter being investigated by the
legislative body. The hearing need not be conducted according to
technical rules relating to evidence and witnesses.
In any investigation or hearing conducted by the Board, it shall
have the power to examine witnesses under oath and compel their
attendance or production of evidence by subpoenas issued in the
name of the Town and attested to by the Town Clerk. Each member
of the Personnel Board shall have the power to administer oaths
to witnesses.
When requested by the Town Manager or the Town Council, the
Personnel Board shall hold hearings and make recommendations on
any matter of personnel administration within the limits of the
request of the Council or Town Manager.
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RULE IV
CLASSIFICATION
Section 1. PREPARATION OF PLAN
The Personnel Officer shall be responsible to ascertain and
record the duties and responsibilities of all positions in the
competitive service and, after consultation with appointing
powers and head of departments affected, shall develop a
classification of such positions.
The classification plan shall consist of classifications of
positions in the competitive service defined by class
specifications, including title, a description of typical duties
and responsibilities of positions in each class, a statement of
the desirable training, experience and other qualifications for
Positions in each class. The classification plan shall be
similar with respect to duties, responsibilities, and character
of work that are included within the same classification. The
same schedule of compensation shall be made to apply with equity
under like working conditions to all positions in the same
classification.
Section P. ADOPTION OF PLAN
Before the classification plan or any part thereof shall become
effective, it shall first be approved in whole or in part by the
Town Council. Public notices giving the date and hour at which
Council shall consider it shall be posted in the manner
prescribed in these Rules. The Council may, upon the conclusion
of said public consideration, make such changes or modifications
of the plan as it shall deem warranted.
Upon adoption by resolution of the Council, the provisions of the
classification plan shall be observed in the handling of all
personnel actions and activities. The classification plan shall
be amended or revised when required in the same manner as
originally established.
Section 3. ALLOCATION OF POSITIONS
Following the adoption of the classification plan, the Personnel
Officer shall allocate every position in the competitive service
to one of the classifications established by the plan.
Section 4. NEW POSITIONS
When a new position is created, before the same may be filled the
appointing power shall notify the Personnel Officer, and except
as otherwise provided by Town Code or these Rules, no person
shall be appointed or employed to fill such position until the
M
classification plan shall have been amended to provide therefore
and an appropriate rjen� 7 �St ( -
position. I _ I ias been established for such
Section 5. RECLASSIFICATION
I
r'U'sitions, the duties of which have changed materially so as to
necessitate reclassification, shall be allocated by the Personnel
Officer to a more appropriate class, whether new or already
created. Reclassification shall not be used for the purpose of
avoiding restrictions concerning demotions and promotions.
M
RULE V
COMPENSATION
Section 1. PREPARATION OF PLAN
The Personnel Officer shall be responsible for the preparation of
a pay plan covering all positions in the competitive service and
showing the minimum and maximum rates of pay and rates in
between. In arriving at such salary ranges, consideration shall
be given to prevailing rates of pay for comparable work; to
current costs of living; to the Town's financial condition and
Policies; and to current prevailing marketplace conditions.
Section 2. ADOPTION OF PLAN
The pay plan shall be adopted and may be amended from time to
time by action of the Town Council, At the time of
consideration, any interested party may appear and be heard.
Amendments and revisions of the plan may be suggested by an
interested party and shall be submitted to the Town Council
through the Town Manager.
Notice of Town Council consideration of the proposed pay plan,
amendments, or revisions shall be posted in the manner prescribed
by these Rules. No position shall be assigned a salary not in
conformance with the salary schedule unless the salary schedule
for the class is amended in the same manner as herein provided.
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RULE VI
APPLICATIONS AND APPLICANTS
Section 1. ANNOUNCEMENT
All examinations for classifications in the competitive service
shall be published by posting announcements in the Civic Center,
on official bulletin boards, and in such places as the Personnel
Officer deems advisable, and /or by publishing in one or more
newspapers, trade magazines, or other publications as determined
by the Personnel Officer.
Section 2. APPLICATION FORMS
Applications shall be made on forms provided by the Personnel
Officer.
Section 3. DISQUALIFICATION
The Personnel Officer shall reject any application which
indicates on its face that the applicant does not possess the
minimum qualifications required for the position. Applications
shall be rejected if the applicant is physically unfit for the
performance of duties of the position to which he /she seeks
appointment, is addicted to the habitual excessive use of drugs
or intoxicating liquor; has been convicted of a crime involving
moral turpitude; has made any false statement of any material
fact, or practiced any deception or fraud in his /her application.
Whenever an application is rejected, notice of such rejection
with statement of reason shall be mailed to the applicant by the
Personnel Officer. Defective applications may be returned to the
applicant with notice to amend the same, providing the Personnel
Officer receives it before the time limit established for
receiving applications.
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RULE VII
EXAMINATIONS
Section 1. NATURE AND TYPES OF EXAMINATIONS
The selection techniques used in the examination process shall be
impartial, and shall relate to those subjects which, in the
opinion of the Personnel Officer, fairly measure the relative
qualifications of the persons examined to execute the duties and
responsibilities of the classification. Examinations shall
consist of recognized personnel selection techniques such as
achievement tests, aptitude tests, evaluations of personality and
background through personal interviews, demonstration or
performance tests, evaluation of daily work performance, work
samples, or physical or agility tests. The Personnel Officer
shall establish the relative weights which will be assigned to
each part of the examination in determining scores.
Section 2. PROMOTIONAL EXAMINATIONS
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 described in Section 1 of this Rule, or any
combination of them. Only employes who meet the requirements for
the classification set forth in the promotional examination
announcements may be admitted to promotional examinations.
Section 3. CONDUCT OF E MAINATIONS
The Personnel Officer shall be responsible for the conduct of all
examinations.
Section 4. WAIVER OF RESPONSIBILITY
Candidates required to take part in physical agility or
demonstration tests will be required to sign a waiver of
responsibility freeing the Town of all liability arising from
injury incurred during the examination.
Section 5. SCORING EXAMINATIONS AND QUALIFYING SCORES
IP a candidate fails in one part of the examination, the
Personnel Officer may declare such candidate as failing in the
entire examination or as disqualified for subsequent parts of the
examination. The Personnel Officer shall determine the passing
point in any examination or portion thereof, taking into account
the array of scores achieved by all candidates, the difficulty of
the examination, the needs of the service, and the number of
eligibles desirable to adequately fill those needs.
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Section 6
Section i.
NOTIFICATION OF EXAMINATION RESULTS
Each candidate in an examination shall be given written notice of
the results thereof and, if successful, of his /her final earned
score and /or rank on the employment list. Any error in
computation, if called to the attention of the Personnel Officer
within five (5) days after the date of mailing of notices shall
be corrected. Such corrections shall not, however, invalidate
appointments previously made.
REVIEW OF PERSONNEL AND CIVIL SERVICE EXAMINATION RECORDS
A candidate or employee may examine his /her own central personnel
file or examination records in the presence of the Personnel
Officer, or his /her designated representative, except for the
following items which shall not be made available for review:
(a) References obtained by the Town.
(b) Individual rating sheets of oral interview panelists.
(c) Any other document which, in the judgment of the Personnel
Officer contains information obtained with a commitment by
the Town to treat it confidentially.
Any person who has participated in all elements of a Civil
Service examination may be shown, in the same manner as above,
the scores he /she attained in the various elements of the
examination; but he /she shalt not be allowed to see ratings or
comments made by individuals who participated as interviewers.
RULE VIII
EMPLOYMENT LISTS
Section 1. EMPLOYMENT LISTS
As soon as possible after the completion of an examination, the
Personnel Officer shall prepare and keep available an official
employment list certified to by him /her containing the names of
candidates who qualified in the examination, arranged in order of
final scores, from the highest to the lowest qualifying score.
Section 2. DURATION OF EMPLOYMENT LISTS
Employment lists shall remain in effect for one (1) year from
date certified by the Personnel Officer unless declared exhausted
prior to that time by the Personnel Officer for one or more of
the -following reasons:
(1) All eligibles have been employed.
(2) If there remain fewer than three (3) names on the list
available and willing to accept appointment.
The Personnel Officer may extend the life of a list for
additional periods of time if he /she finds it in the best
interest of the Town but in no case may any list remain in effect
for more than two (2) years after certification.
Section 3. REEMPLOYMENT LISTS
The names of probationary and permanent employees who have been
laid off shall be placed on appropriate reemployment lists in the
order of total continuous cumulative time served in probationary
and permanent service. Such narnes shall remain thereon for a
period of one (1) year unless such persons are sooner
reemployed. When a reemployment list is to be used to fill
vacancies, the Personnel Officer shall certify from the top of
such list the number of names equal to the number of vacancies to
be filled, and the appointing power shall appoint such persons to
fill the vacancies.
When a layoff is necessitated by the discontinuance of the
performance of a service by the Town as a result of the
assumption of such service by another public agency and the
persons laid off are offered employment by said public agency,
the Personnel Officer shalt, if he finds that the service may be
reinstituted later than one (1) year after the date of the
layoff, prepare and maintain a special reemployment list
containing the names of those persons laid off who accept
employment with such public agency.
In the event the Town reinstitutes the discontinued service 'which
necessitated the layoff, any person whose name appears on such
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list and at that time is an employee of the public agency
performing the service, shall be given first preference for
reemployment. In any position created for the performance of
such service which the Personnel Officer finds is equivalent in
qualifications and duties to the position he /she held as a public
employee of the public agency on the date of resumption of the
perforrnance of services by the Town, the order of names on said
list shall be as prescribed for general reemployment lists above,
and names therefrom shall be certified in the same manner as
prescribed.
Section 4. REMOVAL OF NAMES FROM LISTS
The Personnel Officer shall remove from any employment,
reemployment, or promotional list the name of any person who:
(a) requests such removal in writing;
(b) is found by the Personnel Officer to be disqualified under
these Rules; or
(c) who fails to notify the Personnel Officer of his /her
acceptance of a certification to a position within ten (10)
days after the date of the mailing of the notice of said
certification to this last known address. The person so
removed shall be notified of the removal by a notice in
writing mailed to his /her last known address. The names of
persons on promotional lists who resign from Town employment
shall be removed from such lists.
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RULE IX
METHOD OF FILLING VACANCIES
Section 1. TYPES OF APPOINTMENTS
All vacancies in the competitive service shall be filled by
reemployment, transfer, demotion, or from eligibles certified by
the Personnel Officer from an appropriate employment or promotion
list, if available. In the absence of persons eligible for
appointment in these ways, provisional appointments may be
permitted by the Personnel Officer in accordance with the
Personnel Ordinance and these Rules.
Section 2. NOTICE TO PERSONNEL OFFICER
Whenever a vacancy in the competitive service is to be filled,
the appointing power shall notify the Personnel Officer in the
manner prescribed by the Personnel Officer. If there is no
reemployment list available for the class, the appointing officer
shall have the right to decide whether to fill the vacancy by
reinstatement, demotion, appointment from a promotional
employment list, or appointment from an open employment list.
Section 3. CERTIFICATION OF ELIGIBLES
If the appointing power does not consider it in the Town's best
interest to fill the vacancy by reinstatement, transfer, or
demotions, or if it is not possible to fill the vacancy by
reemployment, certification shall be made from an appropriate
promotional list or from an open employment list. The Personnel
Officer shall certify from the appropriate list the names of all
eligibles willing to accept appointment. If no eligible list is
in effect for a particular entry -level classification in which a
vacancy exists and to which vacancy the appointing authority
wishes to make an appointment, the Personnel Officer may certify
names from an existing eligible list for another classification
(referred to as an alternate Tist), provided the Personnel
Officer (a) determines that a qualified person is available for
appointment from such alternate list; (b) that the pay range in
effect for the classification for which the alternate list exists
is no less than that for the classification in which the vacancy
is to be filled, and (c) that the job to be filled is in an
entry -level classification.
Section 4. APPOINTw1ENT
After interview and investigation, the appointing power shall
make appointments from among those certified, and shall
immediately notify the Personnel Officer of the person or persons
appointed, and if the applicant accepts the appointment and
presents him /herself for duty within such period of time as the
appointiny power shall prescribe, lie/she shall be deemed to be
appointed; otherwise, he /she shall be deemed to have declined the
appointment.
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Section 5. PROVISIONAL APPOINTMENT
In the absence of appropriate employment lists, a provisional
appointment may be made by the appointing power and, with the
approval of the Personnel Officer, of a person meeting the
minimum training and experience qualifications for the position.
An employment list shall be established within six (6) months for
any permanent position filled by provisional appointment. The
Town Manager may extend the period for any provisional
appointment for not more than thirty (30) days by any one action.
No special credit shall be allowed in meeting any qualifcations
or in the giving of any test or the establishment of any open,
competitive promotional lists, for service rendered under a
provisional appointment.
Section 6. EMERGENCY APPOINTMENTS
To meet the immediate requirements of an emergency condition,
such as extraordinary fire, flood or earthquake, which threatens
public life or property, any management employee may employ such
persons as may be needed for the duration of the emergency
without regard to the Personnel Ordinance or Rules affecting
appointments. As soon as possible, such appointment will be
reported to the Personnel Officer.
Section 7. PERSONS INELIGIBLE FOR APPOINTMENT
In order to maintain fair hiring practices and eliminate possible
conflicts of interest, persons are ineligible for Town employment
under any of the following conditions:
a. Any member~ of his /her immediate family holds any Town
elective office or is a member of any regular, permanent
Town Board or Commission which is established by ordinance
or state Taw.
b. Any member of his /her immediate family is employed in any
management position.
C. Any member of his /her immediate family is employed in the
same department.
For purposes of this section, members of the immediate family
means parent, spouse, grandparent, brother or sister (including
half and step brother and sister), son or daughter (including
half and step sons or daughters), niece, nephew, or cousin by
blood or marriage.
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RULE X
PROBATIONARY PERIOD
Section 1. PROBATIONARY PERIOD
All original and Promotional appointments shall be subject to
satisfactory completion by the employee of a probationary period
of not less than one (1) year. Upon request or recommendation of
the appointing power or department manager, the Personnel Officer
may extend the probationary period of an employee, if he/she
finds such an extension to be in the best interest of the Town.
Such extension and findings shall be in writing and signed by the
Personnel Officer. No such extension shall exceed an additional
six (6) months.
Section 2. REJECTION OF PROBATIONER
During the probationary period, an employee may be rejected at
any time by the appointing power 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.
Section 3. REJECTION FOLLOWING PROMOTION
Any employee rejected during the probationary period following a
promotional appointment shall be reinstated to the position from
which he/she was promoted unless charges are filed and he/she is
discharged in the manner provided in the Personnel Ordinance and
these Rules for positions in the competitive service.
Section 4. EMPLOYMENT AFTER PROBATIONARY PERIOD
Performance Reports shall be prepared for every employee during
Eris /her probationary period pursuant to these Rules. The
Performance Report for the final three months of probation for
any employee shall be prepared in tinge to be forwarded by the
department manager or appointing power to the Personnel Officer
to be received not less than fifteen (15) days prior to the last
day of the probationary period. This Performance Report shall be
accompanied by the Personnel Action Form on which employee shall
either be recommended for rejection prior to the end of the
probationary period or recommended that he/she Be approved as a
permanent employee commencing at the end of the probationary
period.
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RULE kI
PAY ADJUSTMENTS
Section 1. SALARY CLASSIFICATION
Salaries shalt be paid according to the job classification to
which an employee is assigned. Salaries of employees within a
single job classification shall be uniform in terms of the range
to which each is assigned. Compensation for the various job
classifications shall be apportioned according to salary ranges
to which each classification is assigned, and each range shall
include various salary steps through which the incumbents of the
various classifications who render satisfactory service progress
during the course of their employment in accordance with the
provisions of this Rule.
Section 2. SALARY STEP ADVANCEMENT
(a) Initial Step Assignment: New employees or those assigned to
new classifications shall be assigned to that step within
the range for the classification which the department
manager, with the approval of the Town Manager, finds to be
most appropriate according to the experience, past
performance, educational accomplishments and other
qualifications of the employee concerned, provided adequate
budgetary appropriations.
(b) Advancement from step to step within a range shall occur at
intervals of one (1) year in length effective on each
anniversary date, except as otherwise provided by the Town
Council pursuant to negotiations conducted under the
provisions of Resolution No. 1974 -41. Each employee shall
be entitled to an annual review for purposes of step
advancement prior to his /her anniversary date. Such
advancement shall be authorized only if the department
manager finds that the overall performance of the employee
during the previous year merits a rating on his /her
performance appraisal of satisfactory or higher. In the
event an employee is denied a step increase on the basis of
unsatisfactory performance, the department manager may at
any time during the ensuing year approve the increase
effective on the date of approval, if his /her performance
improves to a satisfactory level, subject to approval of the
Town Manager. Such a delayed step advancement shall not
deprive the employee of the right to review for subsequent
advance on his /her following anniversary date. The failure
of an employee to receive a step increase pursuant to this
paragraph shalt not be deemed "disciplinary action" nor
shall it create a right of appeal pursuant to Chapter 21 of
the Town Code.
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Section 3
Section 4.
SALARY ANNIVERSARY DATES
An employee's salary anniversary date shall in all cases be the
first day of that month during which he was first employed by the
Town; provided that employees who are promoted into higher
classifications or demoted into lower ones acquire a new
anniversary date to be the first day of the month during which
the promotion or demotion became effective.
EMPLOYEE PERFORMANCE REPORTS
Employee Performance Reports for regular employees in the
competitive service are to be submitted by department managers
and /or appointing powers to the Personnel Officer on forms
approved by the Personnel Officer, pursuant to the following:
(a) For Probationary ErrpToyees (new and promotional):
Within 15 days after the end of each three months of
service. The report for the final three months of proba-
tion shall reach the Personnel Officer at least 15 days
prior to the last day of the probationary period.
(b) For Regular Permanent Employees:
At least once each year at least 15 days before his /her
employment anniversary date.
(c) When Recommending Salary Changes:
Accompanying every Personnel Action Form in which a merit
salary increase is recommended. (This report must be
received by the Personnel Office at least 15 days prior to
the recommended effective date of the increase.)
(d) Other:
In addition to the above, any time an appointing authority,
the Town Manager, or the Personnel Officer deems it
necessary or if an employee requests that a report be
prepared on himself /herself.
(e) Preparation and Procedure:
Performance Reports shall be completed by the Supervisor
immediately responsible for the employee's work and the
Supervisor should discuss the report with the department
manager before he /she signs it. After this discussion by
the supervisor and the department manager, the supervisor
and /or department
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manager shall discuss the report with the employee. The
purpose of this discussion is to encourage a free exchange
of views, suggestions, criticisms, and commendations. The
objectives are to inform the employee as to how Iris /her
supervisor(s) rate his /her performance and to facilitate
employee development to his /her highest capabilities and
maximum productivity and efficiency.
After this discussion with the employee, the supervisor
and /or the department manager shall make any revisions in
the report which may be indicated; coEnplete it in ink or on
typewriter; and both shall sign two copies. Both copies
shall be shown to the employee, and he /she shall be given
the opportunity to sign them, indicating that he /she has
seen the report and that it has been discussed with
him /her. His /her signature thereon does not necessarily
indicate that he /she agrees with the ratings or comments
thereon, and are /she should be informed that he /she may
choose not to sign it or that he /she may attach to it any
written comments he /she may wish to make over his /her
signature, and that these will become a part of the report.
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RULE XII
TRANSFER, PROMOTION, DEi *LOTION, SUSrPENSION AND P,EINSTATEMENT
Section 1. TRANSFER
No person shall be transferred to a position for which he /she
does not possess the minimum qualifications; provided that
department managers and /or appointing powers may, on a temporary
basis, assign employees to duties other than those prescribed in
their classification specification or job description, where the
need therefor results from injury or illness, vacation, or other
leaves of absence, or where workloads temporarily create the need
therefor and the best interest of the Town would be served. Upon
notice to the Personnel Officer, an employee may be transferred
by the appointing power at any time from one position to another
Position in a comparable classification. For transfer purposes,
a comparable classification is one with the same maximum, salary,
requiring substantially the same basic qualifications.
If the transfer involves a change of an employee from one
department to another, both department managers and the Town
Manager must consent thereto unless the Town Manager orders the
transfer pursuant to Section 2 -20 of the Town Code. Transfer
shall not be used to effectuate a promotion, demotion,
advancement, or reduction, each of which may be accomplished only
as provided in the Town Code, pay plan, and these Rules.
Section 2. PROPIOTION
When the Personnel Officer finds that it is in the best interests
of the Town, vacancies in the competitive service shall be filled
by promotion from within the competitive service, after a
promotional list is established. If, in the opinion of the
Personnel Officer, it is in the best interest of the Town to use
an open, competitive examination instead of a closed, promotional
examination, then he /she shall call for applications for the
vacancy and arrange for an open, competitive examination and for
the preparation and certification of an eligible list. If, in
his/her judgment, it is in the Town's best interest, the
Personnel Officer may arrange an examination which is both open
and promotional.
When an employee is promoted, his /her salary shall be that
approved by the Town manager, except that the salary shall be at
a step in the range which will provide the person promoted at
least an increase of five (5%) percent in base pay.
Section s. DEIJOTION
The appointing power, with notice to the Personnel Officer, may
demote an employee whose performance of his /her required duties
is below standard, or for other disciplinary purposes. Demotion
may be made to a vacant position, if approved by the Personnel
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Officer, in lieu of layoff. No employee shall be demoted to a
position for which he /she does riot possess the minimum
qualifications. Written notice of the demotion shall be given by
the appointing power to the employee before or within three (3)
days after the effective date of the demotion, and a copy filed
with the Personnel Officer within the same period.
Section 4. SUSPENSION
The appointing power may suspend an employee from his /her
Position at any time for disciplinary purposes. Any suspension
without pay shall not exceed thirty (30) calendar days, nor shall
any employee be suspended for more than thirty (30) calendar days
in any consecutive twelve (12) month period. All suspensions
shall be reported to the Personnel Officer before taking effect,
if practicable, but no later than 24 hours after suspension.
Section 5. REINSTATEMENT
Subject to approval of the appointing power, a permanent employee
who has resigned with a good record may be reinstated within two
(2) years to his /her former position, if vacant, or to a vacant
Position in the same or a comparable classification. Upon
reinstatement, the employee shall be considered as though he /she
had received an original appointment, unless other conditions are
made a part of the reinstatement by the appointing power.
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RULE XIII
SEPARATION FROM THE SERVICE
Section T. DISCHARGE
An employee in the competitive service may be discharged as
provided in 'these rules and/or in the Personnel Ordinance.
Whenever an appointing power intends to discharge an employee in
the competitive service, the Personnel Officer and the Town
Attorney shall be notified immediately. Any such employee who is
discharged shall be given a written statement of the reason. As
provided in the Personnel Ordinance and these Rules, lie/she may
appeal to the Personnel Board.
Section 2. LAYOFF
Any employee may be laid off as provided in Chapter 21 of the
Town Code or as may be provided in the various Memoranda of
Understanding between the Town and its recognized bargaining
units. At least ten (10) working days before the effective date
of any layoff, the appointing power shall notify the Personnel
Officer of the intended action with reasons therefor and a
statement certifying whether or not the services of the employee
have been satisfactory. A copy of such notice shall be given to
the employee to be laid off.
If certified as having given satisfactory service, the name of
the employee laid off shall be placed on the appropriate
reemployment list as provided by these Rules. If not certified
as having given satisfactory service, the employee laid off may
interpret the action as a disciplinary action and may appeal the
lack of certification to the Personnel Board as provided in the
Personnel Ordinance and the Personnel Rules.
Section 3. RESIGNATION
Resignations from the competitive service shall be filed in
writing a minimum of two (2) weeks in advance with the appointing
power, stating the effective date. The appointing power shall
immediately notify the Personnel Officer in writing. Failure of
an employee to give such notice shall be reported to the
Personnel Officer by the appointing authority and shall be noted
on the employee's service record. Failure to provide such notice
shall require the employee to forfeit payment for all accrued
leave balances.
Section 4. RETIREMENT
The mandatory retirement age
retirement system shall be
shall be deemed terminated
day of the calendar month
(60th) birthday occurs,
M
for members of the PERS safety
sixty (60) years of age. Employment
by reason of retirement on the last
during which the employee's sixtieth
Section 5. PERSONNEL ACTION FORMS
Notice of any new employment, transfer, promotion, demotion,
suspension, reinstatement, resignation, retirement, salary
change, reclassification, discharge, leave of absence or layoff
shall be given to the Personnel Officer on standard forms
prescribed and provided by the Personnel Officer. The Personnel
Officer shall distribute approved copies of the Personnel Action
Form to the Town Finance Officer, the employee, the department
manager and/or appointing power, and to the employee's central
personnel file.
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RULE XIV
APPEALS AND HEARINGS
Section 1. RIGHT OF APPEAL
Any employee in the competitive service shall have the right to
appeal to the Personnel Board any disciplinary action,
interpretation or alleged violation of the Personnel Ordinance or
these Rules, except in instances where the right of appeal is
specifically prohibited by the Personnel Ordinance, these Rules,
or Memoranda of Understanding between the Town and its recognized
bargaining units.
Section 2. i=iETHOD OF APPEAL
Appeals shall be in writing, signed by the appellant, and filed
with the Personnel Officer who shall, within three (3) days after
receipt of the appeal, inform each member of the Personnel board,
the appointing power, and such other persons named or affected by
the filing of the appeal. The appeal shall be a written
statement, addressed to the Personnel Board, explaining the
matter appealed from and setting forth therein a statement of the
action desired by the appellant, and reasons therefor. The
formality of a legal pleading is not required.
Section 3. NOTICE
Upon the filing of an appeal, the Personnel Board shall set a
date for hearing on the appeal within twenty (20) days from the
date of filing. The Personnel Officer shall notify all
interested parties of the date, time and place of the hearings at
such places as the Personnel Board shall prescribe.
Section 4. HEARING
The appellant shall appear personally, unless physically unable
to do so, before the Personnel Board at the hearing, and lie /she
may elect to be represented by legal counsel, an officer of a
recognized employee organization which represents him /her at the
time in any current agreement concerning wages, hours, and
supplemental benefits, or by any other person (except a
representative of another recognized employee organization, which
organization does not represent him /her in a current agreement
concerning wages, hours, and supplemental benefits).
The appointing authority, or any officer of the Town who, under
the provisions of these Rules, has taken the action appealed
from, shall present the Town's case first. Then the appellant
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may present his /her case, and may, at his /her discretion, present
evidence and argument or treat the matter as one to be decided as
a question of law and interpretation of these Rules, and refrain
from presenting evidence. Rebuttal matter not repetitive may be
allowed at the discretion of the Personnel Board.
Cross - examination of witnesses shall be permitted. The conduct
and decorum of the hearing shall be under the control of the
Personnel Board by its Chairperson, with due regard to the rights
and privileges of the parties appearing before it. Hearings need
not be conducted according to technical rules relating to
witnesses. Hearings shall be open unless the appellant, in
writing to the Personnel board, requests a closed hearing.
Section 6. FINDINGS AND RECOMMENDATIONS
The Personnel Board shall, within ten (10) days after the
conclusion of its hearing, certify its findings and decision in
writing to the Town Council, to the appellant, and to the person,
officer or body from whose action the appeal was taken. Any
member of the Personnel Board may submit a minority or
supplemental report which shall be filed as a permanent record by
the Personnel Officer.
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RULE XV
OUTSIDE EMPLOYMENT
Section 1. No full -time paid employee in the classified service shall hold
any job other than employment by the Town without the written
recommendation of his /her department manager and the written
approval of the Town Manager. A copy of such approval shall be
filed with the Personnel Officer. No employee, whether in the
classified service or not, shall engage in other employment or
activity which in any way involves a conflict with the interests
of the Town or his /her responsibilities or duties as an employee.
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RULE XVI
REPORTS AND RECORDS
Section T. RETENTION OF RECORDS
Payroll records, civil service examination records, and other
personnel records shall be retained pursuant to Town file
retention policy and legal requirements.
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