Resolution No. 379RESOLUTION NO. 379
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING
RULES AND REGULATIONS PRESCRIBING METHODS OF EMPLOYMENT, FUNCTION OF
THE PERSONNEL BOARD, ATTENDANCE AND LEAVES, TRANSFER AND PROMOTION
OF EMPLOYEES, AND OTHER REGULATIONS FOR THE EMPLOYEES AND OFFICERS
OF THE CITY OF CYPRESS.
WHEREAS, the City Council is authorized and directed under the provisions
of Ordinance No. 177 to adopt rules and regulations for the administration of
the personnel system created in said ordinance,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cypress does hereby adopt the following rules:
RULE I
PURPOSE AND DEFINITIONS
RULE I A
PURPOSE
The objectives of these rules are to facilitate efficient and economical
services to the public and to provide for a fair and equitable system of
personnel management in the municipal government.
These rules set forth in detail those procedures which insure similar
treatment for those who compete for original employment and promotion, and
define the obligations, rights, privileges, benefits and prohibitions which
are placed upon all employees in the competitive service of the City.
At the same time within the limits of administrative feasibility, recognition
shall be given to the fact that individuals differ, that no two individuals react
alike to reward and discipline or to uniform motivation and encouragement. For
this reason, considerable latitude shall be given to the personnel officer in
the execution of his duties and responsibilities relating to employee morale
and discipline.
RULE I B DEFINITION OF TERMS
The following terms, whenever used in these rules, shall be construed as
follows:
Section 1. "Advancement ": A salary increase of one or more steps within
the limits of the pay range established for a class.
Section 2. "Allocation ": The assignment of a single position to its proper
class in accordance with the duties performed, and the authority
and responsibilities exercised.
Section 3. "Appointing power ": The officers of the city who, in their individual
capacities, or as a board, commission, or city council, have the
final authority to make the appointment to the position to be filled.
Section 4. "Board ": The personnel Board established in pursuance of the
ordinance creating a personnel system for the City.
Section 5. "Class ": All positions sufficiently similar in duties, authority,
responsibility, and working conditions to permit grouping under
a common title and the application with equity of common standards
of selection, transfer, promotion and salary.
Section 6. "Competitive service ": The positions and employments which are
included or which may hereafter be included under the personnel
system by ordinance.
Section 7. "Demotion ": The movement of an employee from one class to another
class having a lower maximum rate of pay.
Section 8. "Eligible ": A person whose name is on an employment list.
Section 9. "Employment List ": A list of names of persons who have taken
an examination for a class in the competitive service and passed,
and are ranked on the list in the order of the score received. '
Section 10. "Examination ":
a. Assembled examination: An examination conducted at a
specified time and place at which applicants are required
to appear for competitive examination under the supervision
of an examiner.
b. Unassembled examination: An examination consisting of an
appraisal of training, experience, work history, or any
other means for evaluating other relative qualifications
of applicants without the necessity for their personal
appearance at a specified place.
Section 11. "Permanent Employee ": An employee who has successfully completed
his probationary period and has been retained as hereafter
provided in these rules.
Section 12. "Personnel Ordinance ": Ordinance No. 177 which creates a
personnel system for the City.
Section 13: "Probationary period ": A working test period during which
an employee is required to demonstrate his fitness for the
duties to which he is appointed by actual performance of
the duties of the position.
Section 14. "Promotion ": The movement of an employee from one position
to another which is allocated to a class with a higher
maximum rate of pay.
Section 15. "Promotional list ": An employment list resulting from a
promotional examination.
Section 16. "Promotional examination ": An examination for a particular
class, admission to the examination being limited to regular
employees in the competitive service.
Section 17. "Provisional appointment ": An appointment acquired by a
person who possesses the minimum qualifications established
for a particular class and who has been appointed to a position
in that class in the absence of available eligibles.
Section 18: "Reduction ": A salary decrease within the limits of the pay
range established for a class.
Section 19. "Reinstatement ": The re- employment without examination of
a former employee within two years following his resignation
from the City service, such action must have the approval of the
department head and the Personnel Officer.
Section 20. "Suspension ": The temporary separation from the service of
an employee without pay, for disciplinary purposes.
Section 21. "Temporary appointment ": An appointment of a person to a
position of limited duration.
Section 22. "Transfer ": A change of an employee from one position to another
position in the same class or another class having essentially
the same maximum salary limits, involving the performance of
similar duties and requiring substantially the same basic
qualifications.
RULE II. GENERAL PROVISIONS
Section 1. Disclosure of religious or political affiliations:
No question in any test, in any application form, or in any other personnel
proceedings, or by any appointing authority, shall be so framed as to attempt
to elicit information concerning political or religious opinions or affiliations
of an applicant or employee. No appointment to or removal from a position in
the competitive service shall be affected or influenced in any manner by any
political or religious opinion or affiliation.
Section 2. Violation of rules: Violation of the provisions of
these rules shall be grounds for dismissal, rejection or suspension.
Section 3. Amendment and revision of rules: Recommendations for
amendment and revisions of these rules may be made by the Personnel Officer.
Prior to consideration, any amendment or revision shall be publicly posted
at such places as the City Council shall prescribe, for at least five conse-
cutive days together with notice of the time, place and date of hearings by
the City Council. At the time of consideration, any interested person may appear
and be heard. Amendments and revisions shall become effective upon adoption
by the City Council following such hearings.
RULE III. PERSONNEL BOARD
Section 1. Meetings: The Personnel Board shall hold meetings
at such time and place within the city as shall be designated by the Chairman
of the Board. Any meeting may be adjourned to a time certain and to a place
designated by the Chairman. Three members of the Board shall constitute a
quorum for the transaction of business.
Section 2. Public Hearings: Hearings conducted by the Personnel
Board shall be public, unless the Board shall determine that a private hearing
is necessary to secure all the facts in the case. Whenever such a finding is
made, the Board may limit attendance at the hearing to the members of the
Board, the Personnel Officer, the employee requesting the hearing, the officer
or officers from whose action the appeal was taken, and such witnesses and
other persons as the Board may require to be present. The hearing need not
be conducted according to technical rules relating to evidence and witnesses.
RULE IV. CLASSIFICATION
Section 1. Preparation of plan: The Personnel Officer, or
a person or agency employed for that purpose, shall ascertain and record
the duties and responsibilities of all positions in the competitive service,
and after consultation with appointing authorities and heads of departments
affected, shall recommend a classification plan for such positions. The
classification plan shall consist of classes of positions in the competitive
service defined by class specifications, including title, a description of
typical duties and responsibilities of positions in each class, a statement
of the training, experience and other qualifications to be required of applicants
for positions in each class. The classification plan shall be so developed
and maintained that all positions substantially similar with respect to duties,
responsibilities, authority, and character of work are included within the
same class, and that the same schedules of compensation may be made to apply
with equity under like working conditions to all positions in the same class.
Section 2. 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 City Council. Upon adoption of the Council, by resolution,
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 as occasion requires 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 pervice to one of the classes established by the plan.
Section 4: New positions: When a new position is created, before
the same may be filled, the appointing authority shall notify the Personnel
Officer, and, except as otherwise provided by ordinance or these rules, no
person shallbe appointed or employed to fill any such position until the
classification plan shall have been amended to prmvide therefor and an
appropriate employment list has been established for such position.
Section 5: Reclassification: Positions, 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, in the same manner as originally classified and
allocated. Reclassifications shall not be used for the purpose of
avoiding restrictions surrounding demotions and promotions.
Section 6: Amending the Classification Plan: The City Council may
create new classes, and revise or abolish existing classes.
RULE V. COMPENSATION
Section 1: Preparation of plan: The Personnel Officer or the person
or agency employed for that purpose shall prepare a pay plan covering all
classes of positions in the competitive service, showing the minimum and
maximum rates of pay. In arriving at such salary ranges, consideration
shall be given to prevailing rates of pay for comparable work in other
public and in private employment, including consideration of conditions
of work as well as basic pay; to current costs of living; to suggestions
of department heads; and to the City's financial condition and policies.
The Personnel Officer or the person or agency employed for that purpose
shall thereafter make such further studies of the compensation plan as
may be requested by the City Council.
Section 2: Adoption of plans: The Personnel Officer shall submit
the proposed pay plan to the City Council. The Council shall adopt or
amend and adopt the proposed plan. Thereafter, no position shall be
assigned a salary higher than the maximum or lower than the minimum
salary provided for that class of position unless the salary schedule
for the class is amended in the same manner as herein provided for its
adoption.
RULE VI. APPLICATIONS AND APPLICANTS
Section 1: Announcement: All examinations for classes in the
competitive sery ice shall be published by posting announcements in the
City Hall, on official bulletin boards, and in such other places as the
Personnel Board deems advisable, including at least one newspaper of
general circulation in the City. The announcements shall specify the
title and pay range of the class for which the examination is announced;
the nature of the work to be performed; preparation desirable for the
performance of the work of the class; the dates, time, place and manner
of making applications; and other pertinent information.
Section 2: Application forms: Applications shall be made on forms
provided by the Personnel Board. Such forms shall require information
covering training, experience, and other pertinent information, and may
include certificates of one or more examining physicians, a photograph,
references and fingerprinting. All applications must be signed by the person
applying.
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
also shall be rejected if the applicant is not a citizen of the United
States, is physically unfit for the performance of duties of the position
to which he 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, or attempted to practice, any deception or fraud in his
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 time limit for receiving applications has not
expired.
RULE VIII. EXAMINATIONS
Section 1: Nature and types of examinations: The selection techniques
used in the examination process shall be impartial, of a practical nature
and shall relate 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 such recognized personnel selection techniques
as achievement tests, aptitude tests, evaluation of personality and background
through personal interviews, performance tests, evaluation of daily work
performance, work samples, or physical agility tests or any combination of them.
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 mentioned in Section 1 of this rule, or any combination of them.
Only permanent employees who meet the requirements set forth in the promotional
examination announcements may compete in promotional examinations.
Section 3: Conduct of examinations: The Personnel Officer shall recommend
to the City Council the manner and methods and by whom examinations shall be
prepared and administered. The City Council, upon recommendation of the
Personnel Officer may contract with any competent agency or individual for the
performance by such agency or individual of the responsibility for preparing
and administering examinations. In the absence of such a contract, the Personnel
Officer, or the City Clerk, shall perform such duties. The Personnel Officer
or the City Clerk shall arrange for the use of public buildings and equipment
for the conduct of examinations and shall render such assistance as shall be
required with respect thereto.
Section 4: Scoring examinations and qualifying scores: A candidate's
score in a given examination shall be the average of his scores on each
competitive part of the examination, weighted as shown in the examination
announcement. Failure in one part of the examination may be grounds for
declaring such applicants as failing in the entire examination or as disqualified
for subsequent parts of an examination.
The Personnel Officer may, at his discretion, include as a part of the
examination tests which are qualifying only.
Section 5: Notification of examination results and review of papers:
Each candidate in an examination shall be given written notice of the results
thereof, and if successful, of his final earned score and rank on the employment
list.
Any candidate shall have the right to inspect his own examination papers
within thirty days after the notices of examination results were mailed. Any
error in computation, if called to the attention of the Personnel Officer
within this period, shall be corrected. Such corrections shall not, however,
invalidate appointments previously made.
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 employment list consisting the names of candidates who qualified in the
examination, arranged in order of final scores, from the highest to the lowest
qualifying score. The employment list shall then be submitted to the Board.
Section 2. Duration of employment lists: Employment lists shall become
effective upon the approval thereof by the Board, and upon its certification
that the list was legally prepared and represents the relative ratings of
the persons whose names appear on it. Employment lists shall remain in effect
for one year, unless sooner exhausted, and may be extended, prior to their
expiration dates, by action of the Personnel Board for additional six month
periods, but in no event shall an employment list remain in effect for more
than two years.
Section 3: Re- employment lists: The names of probationary and permanent
employees who have been laid off shall be placed on appropriate re- employment
lists in the order of their competency from highest to lowest. Such names shall
remain thereon for a period of two years unless such persons are sooner re-
employed.
When a re- employment list is to be used to fill vacancies, the Personnel
Board 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.
Section 4: Removal of names from lists: The name of any person appearing
on an employment, re- employment or promotional list shall be removed by the
Personnel Officer if the eligible requests in writing that his name be removed,
if he fails to respond to a notice of certification mailed to his last known
address, or if he has been certified for appointment three times and has not
been appointed. The person affected shall be notified of the removal of his
name by a notice mailed to his last known address. The names of persons on
promotional employment lists who resign from theservice shall automatically
be dropped from such lists.
RULE IX METHOD OF FILLING VACANCIES
Section 1: Types of appointment: All vacancies in the competitive
service shall be filled by re- employment, reinstatement, transfer, demotion
or from eligibles certified by the Personnel Board from an appropriate
employment or promotional list, if available. In the absence of persons elibile
for appointment in these ways, provisional appointments may be permitted
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. The Personnel Officer shall advise the appointing power
as to the availability of employees for re- employment, reinstatement,
requests for transfers, or demotion and of eligibles on employment or
promotional lists for the class.
Section 3: Certification of eligibles: The appointing power shall
indicate whether it is desired to fill thevacancy by reinstatement, transfer,
or demotion, or whether certification from a promotional or employment list
is preferred. If appointment is to be made from an employment or promotional
list, the names of all persons willing to accept appointment shall be certified.
Section 4: Order of certification: Whenever certification is to be
made, the employment lists, if each exists, shall be used in the following
order: re- employment list, promotional list, open - competitive list. When-
ever there are fewer than three names on a promotional list or an open -
competitive list the appointing authority may make an appointment from among
such eligibles or may request the Personnel Board to establish a new list.
When so requested the Personnel Board shall hold a new examination and
establish a new employment list.
Section 5: Appointment. After interview and investigation, the
appointing power shall make appointments from among those certified, then
shall immediately notify the Personnel Officer of the person or persons appointed.
The Personnel Officer shall thereupon notify the person appointed, and if
the applicant accepts an appointment and presents himself for duty within
such period of time as the appointing authority shall prescribe, he shall
be deemed to be appointed; otherwise, he shill be deemed to have declined
the appointment.
Section 6: Provisional appointments: In the absence of appropriate
employment lists, a provisional appointment may be made by the appointing
authority of a person meeting the minimum training and experience qualifications
for the position. An employment list shall be established within six months
for any permanent position filled by provisional appointment. The Council
may, by a four fifths vote, extend the period for any provisional appointment
for not more than thirty days by any one action. When a position is to
be filled by provisional appointment, or a provisional appointment is to be
extended, the Council shall direct the City Clerk to record such action in
the minutes of the meeting of the Council.
No special credit shall be allowed in meeting any qualification or in
the giving of any test or theestablishment of any empployment or promotional
lists, for service rendered under a temporary appointment.
Section 7: Emergency appointments: To meet the immediiate requirements
of an emergency condition, such as extraordinary fire, flood or earthquake,
which threatens public life or property, any legally competent officer of
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 appointments shall be reported to
the Personnel Officer.
RULE X. PROBATIONARY PERIOD
Section 1: Regular appointment following probationary period: All
original and promotional appointments shall be tentative and subject to
a probationary period of not less than six months, except police officers
shall be required to serve a one year probationary period. The Personnel
Officer shall notify the appointing authority and the probationer concerned
two weeks prior to the termination of any probationary period.
If the service of the probationary employee has been satisfactory to
the appointing authority, then the appointing authority shall file with the
Personnel Officer a statement in writing to such effect and stating that
the retention of such employee in the service is desired. If such a statement
is not filed, the employee will be deemed to be unsatisfactory and his
employment terminated at the expiration of the probationary period.
Section 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, for securing the most effective
adjustment of a new employee to his position, and for rejecting any
probationary employee whose performance does not meet the required standards
of work.
Section 3: 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 4: Rejection following promotion: Any employee rejected during
the probationary period following a promotional appointment, or at the
conclusion of the probationary period by reason of failure of the appointing
power to file a statement that his services have been satisfactory, shall
be reinstated to the position from which he was prmmoted unless charges are
filed and he is discharged in the manner provided in the personnel ordinance
and these rules for positions in the competitive service.
RULE XI. ATTENDANCE AND LEAVES
Section 1: Annual vacation leave: The purpose of annual vacation leave
is to enable each eligible employee annually to return to his work mentally
refreshed. All employees in the competitive service shall be entitled to
annual vacation leave with pay except the following:
a. Employees still serving their original probationary period
in the service of the City. However, vacation credits for
the time may be granted to each such employee who later
receives a permanent appointment.
b. Employees who work on an intermittent or seasonal basis,
and all employees who work less than half -time.
All eligible employees shall earn vacation credits at the rate of five -
sixths of a calendar day per month, for the first five years of employment.
Thereafter the rate shall be computed at one and one quarter calendar days
per month, provided that all eligible employees who worked less than full time
shall earn vacation credits on a pro -rated basis.
Each eligible employee shall be required to have served the equivalent
of one year of continuous service in the city in order to be eligible for
his full annual vacation leave.
The times during a calendar year at which an employee may take his vacation
shall be determined by the department head with due regard for the wishes
of the employee and particular regard for the needs of the service. If the
requirements of the service are such that an employee must defer part or all
of his annual vacation in a particular calendar year, the appointing authority
may permit the employee to take such deferred vacation during the following
calendar year.
No employee may accumulate more than 30 calendar days of vacation leave.
Any eligible employee, with the consent of the head of his department, may
defer one (1) calendar week of his annual vacation to the succeeding calendar
year, subject to the other provisions of this rule. A written report of each
deferred vacation, signed by the proper department head, noting the details,
shall be kept on file with the Personnel Officer.
In the event one or more municipal holidays fall within an annual vacation
leave, such holidays shall not be charged as vacation leave, and the vacation
leave shall be extended accordingly.
Employees who terminate employment after a six month period shall be
paid in a lump sum for all accrued vacation leave earned prior to the
effective date of termination. No such payment shall be made for vacation
accumulated contrary to the provisions of these rules.
Section 2. Sick Leave. Sick leave with pay shall be granted by the
appointing authority at the rate of one work day for each calendar month
of service. Sick leave shall not be considered as a privilege which an employee
may use at his discretion, but shall be allowed only in case of necessity
and actual sickness or disability. Unused sick leave shall be accumulated
at the rate of twelve days a year to a total of not more than 90 work days.
In order to receive compensation while absent on sick leave, the
employee shall notify his immediate superior or the Personnel Officer
prior to, or within four hours after the time set for beginning his daily
duties, or as may be specified by the head of his department. When absence is
for more than one work day, the employee shall file a physician's certificate
or a personal affidavit with the Personnel Officer, stating the cause of
the absence.
Section 3. On the Job Injury: Whenever any person is compelled to be
absent from his employment with the City on account of injury arising out
of and in the course of his employment as determined by the Workmen's
Compensation Act, he shall receive full compensation during the first seven
(7) work days of such absence to be paid by the City. Thereafter he shall
be paid in full (The City to make up the difference in addition to the
Workmen's Compensation stipend) for the following period of time as herein
set forth depending upon the length of service with the City.
a. Ten (10) work days for employees who have worked for the City
an accumulative period of one (1) year.
b. Twenty (20) work days for employees who have worked for the
City an accumulative period of two full years.
c. Thirty (30) work days for employees who have worked for the
City an accumulative period of three (3) years and over.
Thereafter, during such absence he may elect to apply prorated accrued
sick leave, if any, to such absence and to receive compensation therefor
in an amount equal to the difference between the compensation received by him
under the Workmen's Compensation Act and his regular City pay, not to exceed
the amount of his earned sick leave. An employee in such instance, may also
elect to use any earned vacation time and equivalent time off for overtime
in like manner after his sick leave is exhausted.
An employee shall not be entitled to any of the privileges contained
in this section if he is injured while working for or performing services for
an employer other than the City of Cypress.
Section 4: Military Leave: Military leave shall be granted in accordance
with the provisions of state law. All employees entitled to military leave
shall give the appointing power an opportunity within the limits of military
regulations to determine when such leave shall be taken.
Section 5: Leave of absence: Leave of absence without pay may be granted
by the appointing authority for a period not to exceed ten (10) work days.
The City Council may grant a permanent employee leave of absence with or without
pay for not to exceed one year. No such leave shall be granted except upon written
request of the employee. Approval shall be in writing and a copy filedwith the
Personnel Officer. Upon expiration of a regularly approved leave, 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 leave was granted. Failure on the
part of an employee on leave to report promptly at its expiration, or within a
reasonable time after notice to return to duty, shall be cause for discharge.
Section 6: Bereavement Leave: Whenever an employee who is eligible to
receive sick leave is compelled to be absent from duty by reason of the
death or critical illness where death appears imminent of Father, Mother, Brother,
Sister, Wife, Husband, Child, grandmother and grandfather, mother -in- lawand
father -in -law, such employee shall, upon approval of his Department Head be
entitled to hcarge such absence to his accumulated sick leave to a maximum of
three (3) working days in a calendar year.
Section 7: Hours of work: All offices of the City, except those for which
special regulations are required, shall be kept open for business on all days
of the year except Saturdays, Sundays and holidays continuously from 8:00 A. M.
until 5:00 P. M. on week days. Employees shall be required to work a minimum of
40 hours on week days. Employees for whom necessity required a different schedule
than that generally applied, shall work according to regulations prepared by the
respective supervising official and approved by theCity Council.
Section 8: Attendance: Employees shall be in attendance at their work
in accordance with the rules regarding hours of work, holidays, and leaves.
All departments shall keep daily attendance records of employees which shall be
reported to the Personnel Officer in the form and on the dates he shall specify.
Failure on the part of an employee, absent without leave, to return to duty
within 24 hours after notice to return shall be cause for immediate discharge,
and such employee automatically waives all rights under the personnel ordinance
and rules.
Section 9: Holidays: Municipal offices shall be closed on the following
legal holidays: New Year's Day; Lincoln's Birthday; Washington's Birthday;
Memorial Day; Independence Day; Labor Day; Admission Day; Armistice Day;
Day before Christmas; Christmas; Good Friday from twelve o'clock noon until
the hour of three post meridian; Thanksgiving Day, and every day an election
is held throughout the State. When a holiday falls on Saturday or Sunday, the
preceding Friday shall be observed.
Personnel of the Fire and Police Department required to work on holidays,
except election day, shall be given equal compensatory time off.
RULE XII: PAY ADJUSTMENTS
Section 1: Applications of rates: Employees occupying a position in
the competitive service shall be paid a salary or wage within the range
established for that position's class under the pay plan as provided by Rule V.
The minimum rate for the class generally shall apply to employees upon original
appointment. However, the appointing authority may, when circumstances warrant
it, appoint at other than the first step. Officers and employees re- employed
after lay -off shall receive a rate within the range established for the class
and agreed upon by the appointing power and the employee concerned. Transfers
shall not affect an employee's salary rate.
Section 2: Advancement: No salary advancement shall be made so as to
exceed the maximum rate established in the pay plan for the class to which
the advanced employee's position is allocated. Advancements shall not be
automatic but shall depend upon increased service value of an employee to
the city as exemplified by recommendations of his supervising official, length
of service, performance record, special training undertaken, or other pertinent
evidence.
RULE XIII. TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT:
Section 1: Transfer: After notice to the Personnel Officer, an employee
may be transferred by the appointing power at any time from one position to
another position in the same or comparable class. If the transfer involves a
change from the jurisdiction of one supervising official to another, both must
onsent thereto unless the City Council orders the transfer for purposes of
economy or efficiency. Transfer shall not be used to effectuate a promotion,
demotion, advancement, or reduction, each of which may be accomplished only
as provided in the personnel ordinance and in these rules. No person shall be
transferred to a position for which he does not possess the minimum qualifications.
Section 2: Promotion: Insofar as practicable and consistent with the
best interests of the service, all vacancies in the competitive service shall
be filled by promotion from within the competitive service, after a promotional
examination has been given and a promotional list established.
If, in the opinion of the appointing power, a vacancy in the position could
be filled better by an open, competitive examination instead of a closed,
promotional examination, then the appointing power may instruct the Personnel
Officer to call for applications for thevacancy and arrange for an open, comp-
etitive examination and for the preparation and certification of an eligible
list.
Section 3. Demotion: The appointing power may demote an employee whose
ability to perform his duties falls below standard, or for disciplinary purposes.
Upon request of the employee, and with consent of the prospective supervising
official, demotion may be made to a vacant position as a substitution for lay -off.
No employee shall be demoted to a position for which he does not possess the
minimum qualifications. Written notice of the demotion shall be given the
employee before or within three days after the effective date of the demotion,
and a copy filed with the Personnel Officer.
Section 4. Suspension: The appointing power may suspend an employee
from his position at any time for the good of the sery ice, for a disciplinary
purpose, or for other just cause. Suspension without pay shall not exceed
thirty days, nor shall any employee be penalized by suspension for more than
thirty days in any fiscal year. Department heads may suspend a subordinate
employee for not more than three working days at any one time, for disciplinary
purposes only. Employee may be required to work normal days off in lieu of
suspension from normal work days. No employee shall be suspended for more
than three (3) days during a thirty (30) day period. Suspensions shall be
reported immediately to the Personnel Officer by the appointing power or
department head.
Section 5. Reinstatement: With the approval of the appointing power,
an employee who has resigned with a good record may be reinstated within two
years to his former position, if vacant, or to a vacant position in the same
or comparable class.
RULE XIV. SEPARATION FROM THE SERVICE
Section 1. Discharge: An employee in the competitive service may be
discharged at any time by the appointing power. Whenever it is the intention
of the appointing power to discharge an employee in the competitive service,
the Personnel Officer shall be notified. Any employee who has been discharged shall
be entitled to receive a written statement of the reasons for such actions and
to a hearing if he so requests, as provided in the personnel ordinance and
these rules.
Section 2: Lay -off: The appointing power may lay off an employee in
the competitive service because of material change in duties or organization
or shortage of work or funds. Ten working days before the effective date of
a lay off, the appointing authority 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 the employee affected. If certified as having given
satisfactory service, the name of the employee laid off shall be placed on the
appropriate employment list as provided by these rules. If not certified as
having given satisfactory service, the employee laid off may interpret the
action as a discharge and request a hearing as provided by the personnel
ordinance and these rules.
Section 3: Resignation: An employee wished to leave the competitive
service in good standing shall file with the supervising official at least two
weeks before leaving the service, a written resignation stating the effective date
and reasons for leaving. The resignation shall be forwarded to the Personnel
Officer with a statement by the appointing power or department head as to the
resigned employee's service performance and other pertinent information concerning
the cause for resignation. Failure to comply with this rule shall be entered on
the service record of the employee and may be cause for denying future employement
by the City. The resignation of an employee who fails to give notice shall be
reported to the Personnel Officer by the department head immediately.
RULE XV. APPEALS AND HEARINGS
Section 1. Complaints: Any employee in the copetitive sery ice shall
have the right to appeal to the City Council relative to any disciplinary action,
dismissal, demotion, or alleged violation of thepersonnel ordinance or rules,
except in instances where the right of appeal is prohibited by the personnel
ordinance or these rules. The employee may file a complaint in writing with
the Personnel Officer. It shall be the duty of the Personnel Officer to inform
each of the City Council members and the appointing power or other person complained
against of the filing of the complaint.
Section 2. Investigations and hearings: Upon the making of any complaint,
the City Council shall make such investigation as it may deem necessary. The
hearing authorized by the personnel ordinance shall be held within twenty days
after the request for the hearing was made. In all hearings the applicable
provisions of the personnel ordinance shall apply.
Whenever a hearing on any complaint is to be held, the Personnel Officer
shall notify the person requesting the hearing and the appointing power or
other officer from whose action the appeal is being taken, of the date, time
and place of the hearing and shall publicly post at such plac es as the City
Council shall prescribe, a notice of the date, time and place of the hearing.
Unless incapacitated, the person making the complaint shall appear
personally before the City Council at the hearing, and he may be represented
by any person or attorney he shall select.
Upon theconclusion of any investigation or hearing, the City Council
shall cause its findings and recommendations to be prepared in writing and
shall certify the same. Such findings shall be countersigned and filed as
a permanent record by the Personnel Officer. The Personnel Officer shall
deliver a certified copy of such findings to any other officer or employee
affected by such findings and recommendations, or from whose action the
appeal was taken.
Any member of the City Council may submit a minority or supplemental
report which shall be filed as a permanent record by the Personnel Officer.
If, due to the absence from the city, or the illness or disability of
a majority of the City Council, any employee would be deprived of the right
of a hearing by the City Council, in the event he were laid off, demoted,
reduced, or discharged, the appointing power shall defer action until the
Council is able to function, unless the case be an emergency, in which event
the appointing power may suspend the employee until the Council is able to function.
RULE XVI. TRAINING OF EMPLOYEES
Section 1. Responsibility for training: Responsibility for developing
training programs for employees shall be assumed jointly by the City Council,
the Personnel Officer and department heads. Such training programs may include
lecture courses, demonstrations, assignment of reading matter or such other
devices as may be available for the purpose of improving the effectiveness and
broadening the knowledge of municipal officers and employees in the performance
of their respective duties.
Section 2: Credit for training: Participation in and successful completion
of special training courses may be considered in making advancements and
promotions. Evidence of such activity shall be filed by the employee with the
Personnel Officer.
RULE XVII. REPORTS AND RECORDS
Section 1. Roster cards: The Personnel Officer shall maintain, a service
or roster card for each employee in the service of the city showing the
name, title of position held, the department to which assigned, salary, changes
in employment status, and such other information as may be considered pertinent.
Section 2. Change of status report: Every appointment, transfer, promotion,
demotion, change of salary rate, and any other tempoary or permanent change in
status of employees shall be reported to the Personnel Officer in such manner
as may be prescribed by these rules and regulations.
Section 3. Destruction of records: Roster and payroll records shall be
kept permanently. All other records relating to personnel, including corres-
pondence, applications, examinations and reports may be destroyed after one
year. Any temporary record may be destroyed at any time by the Personnel
Board with the consent of the City Council and the City Attorney.
RULE XVIII. COOPERATION
Section 1. Cooperation of municipal officers and employees: Every
officer and employee of the City of Cypress shall cooperate with the
Personnel Board and the Personnel Officer in order completely to fulfill
the objectives and purposes of the personnel ordinance and these rules.
vote:
All conflicting resolutions of the City of Cypress are hereby repealed.
PASSED AND ADOPTED this 24th day of June, 1963 by the following called
AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ATTEST :
RNE S. PHILL PS. CITY CLERK
FRANK P. NOE, MAYOR