HomeMy WebLinkAbout50A - ORD PERSONNEL NAME CHANGEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 15, 2018
TITLE:
ORDINANCE AMENDING CERTAIN
SECTIONS OF CHAPTER 2 AND CHAPTER
9 OF THE SANTA ANA MUNICIPAL CODE
TO CHANGE REFERENCES TO
PERSONNEL SERVICES TO HUMAN
RESOURCES
{STRATEGIC PLAN NO. 7,7)
rSWr-
CIV MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 s Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an Ordinance that amends certain sections of Chapter 2 and Chapter 9 of the Santa Ana
Municipal Code to change references to Executive Director of Personnel Services in the Code to
Executive Director of Human Resources.
Currently, within the Municipal Code, the job classification title of Executive Director of Personnel
Services is considered outdated and no longer reflects the department's current operational
structure.
In the past, the term "personnel" referred to activities such as recruiting, record-keeping,
orientation, compensation and benefits and issues directly related to City employees.
Over the years, the Personnel Services Department has expanded its role within the organization
to include training and development, employee and labor relations, succession planning,
developing wellness programs and recognizing employees as human capital. In addition, the
department has begun implementing swift technological advancements to provide expedited
processes. This modern approach is known as Human Resources. As a result, the department
will be changing its department name to Human Resources.
In order to have the Municipal Code reflect current trends in the industry, the City Manager
proposes the amendment of certain sections of Chapter 2 and Chapter 9 of the Santa Ana
Municipal Code to effectuate changes to this outdated title. To correspond with this change, the
50A-1
Ordinance Amending An Executive
Management Classification Job Title
May 15, 2018
Page 2
Department will also officially change its name from the Personnel Services Agency to the
Human Resources Department.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #7 — Team Santa Ana, Objective #7,
Develop a culture of motivated and invocative leaders in the organization.
There is no fiscal impact *�pociated with this action.
Steven V. PlYam
Executive Director
Personnel Services Agency
Exhibit: 1. Ordinance
50A-2
LAR 5(15/18
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CERTAIN
SECTIONS OF CHAPTER NINE AND CHAPTER
TWO OF THE SANTA ANA MUNICIPAL CODE TO
CHANGE EXECUTIVE DIRECTOR OF PERSONNEL
SERVICES TO EXECUTIVE DIRECTOR OF HUMAN
RESOURCES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The current job classification title of Executive Director of the Personnel
Services is outdated and does not reflect the current operational
structure of the Department.
B. Over the years, the Personnel Services Department handles much more
than just personnel items. The Department has expanded its role in the
organization to training and development; employee and labor relations;
wellness programs, risk management and many other employee -
centered programs.
C. In an effort to reflect this wide -reaching and encompassing philosophy,
the outdated title of Executive Director of Personnel Services is to be
replaced with Executive Director of Human Resources. Likewise, the
Personnel Services Agency will now be known as the Human Resources
Department.
Section 2. The Santa Ana City Council hereby amends Sections 2-300 and
2-300.7 of Chapter 2 of the Santa Ana Municipal Code as follows (strike outs will
be deleted and underline references new language):
ARTICLE IV.- OFFICERS, DEPARTMENTS, BOARDS AND
COMMISSIONS
DIVISION 1.- GENERALLY
y 1
J
Sec. 2-300. - City officers and department heads.
The following are officers of the City of Santa Ana:
(1) Members of the city council;
(2) City manager;
(3) City attorney;
(4) Clerk of the council;
(5) Assistant city manager,
(6) Deputy city manager for development services;
(7) Special assistant to the city manager;
(8) Police chief;
(9) Executive director of finance and management services;
(10)Executive director of public works;
(11)Executive director of parks, recreation and community services;
(12)Executive director of Y •senal sewices human resources;
(13)Executive director of community development;
(14)Executive director of planning and building safety.
Sec. 2-300.7. - Executive director of human resources.
All references in the charter or this Code, or in any resolution, agreement,
regulation, authorization or directive of the city council, the city manager, or any
board or commission of the City of Santa Ana, or any document whatsoever, to the
executive director of personnel services or director of personnel shall be deemed
references to the executive director of human resources.
Section 3. The Santa Ana City Council hereby amends sections 9-2 through
9-2.5, 9-4, 9-8, through 9-9, 9-11 through 9-12, 9-15, 9-32, 9-38, through 9-40, 9-
42 through 9-43, 9-46, 9-61 through 9-62, 9-66 through 9-67-69, 9-71, 9-92
through 9-93, 9-112, 9-115, 9-118, 9-142 through 9-143, and 9-166 of Chapter 9
of the Santa Ana Municipal Code as follows (strike outs will be deleted and
underline references new language):
ARTICLE I.- IN GENERAL
Sec. 9-2. - Definitions.
Ordinance No. NS -XXX
Page 2 of 16
The following terms, whenever used in these rules and regulations, shall be
construed as follows:
Assembled examination : A test conducted at a specified time and place at
which applicants are required to appear for competitive examination under the
supervision of an examiner.
Board: The personnel board appointed in accordance with sections 911 and
912 of the charter.
Charter: The Charter of the city, ratified by the voters of the City November 4,
1952, adopted by California Concurrent Resolution No. 10, in Assembly January
8, 1953, and in Senate January 8, 19.53, as amended.
Class or classification: A group of positions in the competitive service which
are substantially so similar as to require the same kind and amount of training and
experience for proper performance and to merit equal pay.
Council: The city council of the City of Santa Ana.
Executive director of personnel sewises human resources: That person
designated by the city manager to have charge of personnel administration.
Eligible : A person who legally maybe appointed to a vacant position in the
competitive service as provided in the rules.
Eligible list: A list of persons eligible for appointment in the competitive service
to positions in the class indicated by the title of the class.
Memorandum of understanding: An agreement between the city and
represented employees under the Meyers-Milias-Brown Act.
Oath of office : That oath required by the charter; prior to entering upon the
duties of a position.
Part-time appointment. An employee appointed to a position which averages
more than twenty (20) hours and less than forty (40) hours per week within the civil
service system as outlined in these rules and regulations.
Part-time employee: An employee appointed to a position within the civil
service system which averages more than twenty (20) hours and less than forty
(40) hours per week.
Position : A group of current duties, tasks and responsibilities assigned or
delegated by competent authority, requiring the full or part-time services of one (1)
person.
Regular appointment: An appointment to a regular full-time or part-time civil
service position after completion of the prescribed probationary period.
Regular employee/status: A full-time or part-time employee who has
successfully completed his or her probationary period and has received a regular
appointment. An employee who has attained regular status retains that status
during any probationary promotional periods.
Ordinance No. NS -XXX
Page 3 of 16
y (]
Unassembled examination: An appraisal of training, experience, work history,
or use of other means for evaluating relative qualifications without the necessity
for the personal appearance of applicants at a specified time.
Sec. 9-2.5. - Appointing authorities.
(a) For purposes of section 707 of the charter, the following officers of the
city are designated as the heads of a department, office or agency,
having the power to appoint and remove such deputies, assistants,
subordinates, and employees as are provided by the city council for their
department, office, or agency, and shall be deemed to be a "department
head," "appointing officer," and "appointing authority" with respect to such
deputies, assistants, subordinates and employees for purposes of this
chapter.
(1) City attorney;
(2) Clerk of the council;
(3) Police chief;
(4) Fire chief;
(5) Executive director of finance and management services;
(6) Executive director of public works;
(7) Executive director of recreation and community services;
(8) Executive director of ffeFseanel sewises human resources;
(9) Executive director of planning and building safety;
(10) Executive director of community development;
(11) Library director;
(b) The city manager shall be the "appointing officer" and "appointing
authority" for purposes of this chapter for all appointed officers of the city
except officers appointed by the city council pursuant to the charter and
for those employees of the city who are not subject to appointment and
dismissal by any officer designated in subsection (a) of this section.
(c) The officers listed in subsection (a) of this section shall constitute the
heads of departments of the city for purposes of clause (7) of subsection
(a) of section 1002 of the charter.
Ordinance No. NS -XXX
Page 4 of 16
y 1 M
Sec. 9-4. - Executive director of persertael sewiees human resources.
There is created the position of executive director of peFsennelsewises human
resources. The executive director of personnel seFV;Ges human resources shall be
appointed by, and serve at the pleasure of, the city manager. The duties of the
executive director of peFsennel seWiGes human resources may be combined with
those of any other office or position which is filled by appointment by the city
manager. The executive director of peFseanelseFviGee human resources shall:
(1) Serve as secretary to the personnel board, if so appointed by the city
manager.
(2) Administer all the provisions of the civil service rules and regulations
except those specifically reserved to the council, the personnel board, or
the city manager.
(3) Be custodian of the official records concerning the employment status of
all employees.
(4) Confirm that authorized budgeted positions exist, before probationary or
temporary appointments are made.
(5) Keep such records as required by these rules and regulations.
(6) Ascertain that employee pay items conform to memorandum of
understanding provisions and to federal, state and municipal laws.
Sec. 9-8. - Medical examinations.
Before the initial placement with the city, individuals receiving job offers will be
required to successfully pass a physical examination before a licensed physician.
The standards for the physical examination including the drug screening shall be
established prior to publication of the written announcement of the examination.
The licensed physician mentioned in this section shall be one selected by the
executive director of personRel sewises human resources. The examination fee
shall be paid by the city.
A candidate for a promotional appointment to a classification which requires
higher or more stringent medical standards than the classification from which the
candidate seeks promotion shall be required to pass a medical examination prior
to appointment.
Sec. 9-9. - Hearings—Before personnel board.
Hearings before the personnel board shall be called by the chair of the
personnel board or, in the chair's absence, by the vice -chair. The chair shall make
arrangements through the executive director of peFsenRel sewiees human
resources for suitable clerical assistance and for assignment of space in which to
hold the hearings.
Ordinance No. NS -XXX
Page 5 of 16
50A-7
Sec. 9-11. - Employee performance appraisals.
The city manager shall establish and make effective a system of employee
performance appraisal. Such evaluations shall be prepared by the employee's
immediate supervisor and shall be reviewed by the division and/or department
head. Performance appraisals shall be reviewed with the employee concerned and
the employee shall sign the appraisal form to acknowledge said review.
Performance appraisals will be submitted according to the following schedule for
full-time civil service employees and after equivalent hours of service for part-time
civil service employees:
(a) At the end of each four (4) months' service during probationary periods;
(b) Annually after completion of probation;
(c) Prior to a merit increase eligibility date;
(d) As called for, at the discretion of the appointing authority and/or as
mandated by the applicable memorandum of understanding.
Employee performance appraisals, including those prepared as directed in this
section will be delivered to the executive director of peFseaa`I seMses human
resources for filing with the records of the employee. Performance appraisals will
be considered in making merit salary advances and may be considered a factor in
promotional examination, demotions, and dismissals.
Sec. 9-12. - Employee records.
Department heads shall furnish the executive director of pe•^^nnel ce^^^eG
human resources with written reports of any disciplinary action involving loss of
pay, and of any especially noteworthy communication or oral commendation or
condemnation received or written by the department head relative to the
performance of any employee.
Sec. 9-15. - Same—Records.
All departments shall keep attendance records prescribed by the city manager
and shall transmit them to the executive director of peFSORRel sepviGes human
resources on the dates he or she shall specify.
ARTICLE II: EXAMINATIONS
Sec. 9-32. -Announcement.
Whenever an examination is to be given, the executive director of peFsennel
sewiseshuman resources shall give sufficient public notice to ensure an adequate
number of applications are received from qualified individuals. Notices for open
competitive examinations shall be posted on a bulletin board at the city hall, readily
available to the public, in the office of the executive director of personnel services
Ordinance No. NS -XXX
Page 6 of 16
y ll m •
and in the departments where exist classifications for which examinations are
being held, and in such other places as may attract qualified candidates. The
notices will contain sufficient information relative to the examination to indicate to
interested candidates the duties and prerequisites of the position, together with
dates, salaries and pertinent benefits. Promotional examinations will be published
by means of notices posted in the departments containing qualified candidates and
in the office of the executive director of persORRel s^^^^es human resources.
Sec. 9-38. - Conducting.
The executive director of peFsennel GeFY1Ges human resources shall determine
the manner and methods and by whom examinations are to be administered. No
person shall be permitted to take an examination unless an application has been
submitted in accordance with the terms of the public notice for the particular
position.
Sec. 9-39. - Qualification appraisal.
In examinations where the executive director of personnel seariises human
resources considers it appropriate, education, experience and personal
qualifications of the candidates shall be evaluated on the basis of interviews
conducted by a board composed of persons known to be interested in the
improvement of public administration and in the selection of efficient personnel
according to merit system principles. In classifications requiring technical
knowledge, at least one (1) of the members of the board shall be familiar with the
technical aspects of the work in the classification for which the applicant will be
examined. The board mentioned in this section shall consist of at least two (2)
persons.
Each member of the board will submit a report in writing on forms supplied by
the executive director of persenael GGP1ises human resources, and these reports
will be made available to the appointing authority for those candidates who have
been certified as eligible for appointment. The boards described in this section will
be known as qualification appraisal boards.
Sec. 9-40. - Rating.
The minimum grade or standard determining eligibility shall be based upon all
factors in the examination, including educational requirements, experience, and
other qualifying elements as shown on the application of the candidate or other
verified information. Each section of the examination shall be graded
independently. Weights of sections shall aggregate to one hundred (100).
Veterans' preference and seniority shall not be considered sections. When
applicable, veterans' preference and seniority points shall be added to the general
average, and the resulting sum shall be used in determining the order or band in
which the name of the candidate shall appear on the eligible list. Failure in one (1)
section may be grounds for declaring the applicant as having failed in the entire
examination and as disqualifying for subsequent parts of an examination as shall
Ordinance No. NS -XXX
Page 7 of 16
' •
y
be determined by the executive director of peFseR^^l seN'Ges human resources.
All applicants in the same examination shall be accorded uniform and equal
treatment in all phases of the examination procedure.
Sec. 9-42. - Error appeal.
During the five (5) working days commencing with the first working day after a
written test has been completed, a candidate may file with the executive director
of r •^^^^�; seFVIGee human resources an appeal against any item of the test or
any part of the test, citing the items or the parts against which the appeal is directed
and the reasons for such an appeal. An eligible list resulting from such test shall
not thereafter be established until all the disputed items have been reviewed by
the executive director of perseP�Ges human resources and corrected if
found to be wrong, or the appeal denied. Decisions of the executive director of
peFseNael sePAGes human resources shall be subject to review by the city manager
upon written request by the candidate filed with the executive director of personae{
services human resources within five (5) working days of the decision.
Sec. 9-43. - Grading appeal.
During the five (5) working days beginning with the day after notice of
placement on the eligible list has been mailed, a candidate may file with the
executive director of peFSORnelseFV;ces human resources a request to review the
score assigned to each component of the examination. If the candidate believes
an error has been made in any computation of his or her scores, including
computation of score assigned to each examination component, determination of
weighted scores, or in the summing of weighted scores, he or she may make
application, in writing, to the executive director of peFsennel sewlees human
resources for an adjustment of his or her score. However, in such application the
candidate must state specifically and particularly wherein he or she believes error
has been made. Any error that may appear shall be corrected, and any change in
the standing of candidates as a result thereof shall be made by the executive
director of personae! sewises human resources within five (5) working days after
the appeal period. All conclusions in connection with appeals shall be approved or
disapproved by the city manager and shall be subject to review by the personnel
board upon written request by the candidate filed with the board within five (5)
working days after the candidate has been notified of the decision of the city
manager.
Sec. 9-46. - Same—Duration.
Such eligible lists shall remain in effect for the time period listed below, unless
within such period the executive director of personnel c^^ ^^s human resources
shall not be able to certify for appointment the number of persons required under
the provisions of this chapter.
Ordinance No. NS -XXX
Page 8 of 16
50A-10
(a) Eligible lists for classifications designated as "local police/fire safety"
members of the public employees' retirement system shall be in effect for
two (2) years.
(b) Eligible lists for all classifications which are not included in subsection (a)
above shall be in effect for six (6) months, but may be extended in six-
month increments with the approval of the city manager to allow for a
maximum life of list of two (2) years.
ARTICLE III. -FILING VACANCIES
Sec. 9-61. - Same—Request for removal or reinstatement of name.
An eligible, at any time, may request in writing that his or her name be
withdrawn temporarily from the eligible list and placed on inactive status. Upon
approval of the executive director of personnel sewises human resources such
request shall be granted, and likewise, upon written request of the eligible, his or
her name may be reinstated to active status during the life of the list.
Sec. 9-62. - Same—Consolidation.
Two (2) eligible lists of the same type (open or promotional) for the same
classification may be consolidated by the executive director of peFsennel sepvmres
human resources by placing eligibles from an old list onto a new list in accordance
with the procedures outlined in section 9-45. The names on the resulting
(consolidated) list shall be certified in accordance with the procedures outlined in
section 9-66.
Sec. 9-66. - Certification—Procedure.
Upon receipt of the request from an appointing authority, the executive director
of pefsonnef sewises human resources shall certify, to the appointing authority,
names in accordance with the following:
(1) If a reemployment list exists for the classification, one (1) name for each
vacancy.
(2) If no reemployment list exists, names shall be certified as follows:
(a) By transfer list, then by reappointment list. If the combined total of
candidates eligible for certification from these two (2) lists is less than
five (5), candidates may be certified from a promotional list, if any, or
an open list as shown below.
(b) For promotional -only appointments, the names of the candidates with
the three (3) highest scores on the promotional eligible list. Except in
the case of ties, the number of names to be certified from an active
Ordinance No. NS -XXX
Page 9 of 16
50A-11
promotional list shall be two (2) more than the number of appointments
to be made.
In the event of ties, if there are three (3) or more candidates at the
highest score, only those candidates shall be certified. If there are less
than three (3) candidates at the highest score but three (3) or more
candidates within the highest two (2) scores, then those candidates
with the two (2) highest scores will be certified.
If there are no ties at the first and second scores, then all candidates
within the top three (3) scores will be certified.
(c) For open appointments, the number of names to be certified from the
open eligible list may be four (4) more names than the number of
appointments to be made. When the number of candidates certified in
the highest band is less than five (5), the appointing authority may
request the certification of the next lower band. If more than five (5)
people are in the group from which an appointing authority is entitled
to select, the appointing authority may review the applications of the
candidates in that group and select a lesser number of candidates for
certification whose qualifications best fit the needs of the position.
Sec. 9-67. - Appointments.
The appointing authority may appoint, of the candidates certified, whichever
one in his or her opinion is best qualified for the position.
No candidate may be certified more than four (4) times from any eligible list
resulting from any one (1) examination except candidates on open eligible lists,
who may be certified more than four (4) times, at the discretion of the executive
director of peFsenael sewises human resources, in keeping with the charter.
If no eligible list for the classification exists, or if an existing list for the
classification contains less than three (3) promotional candidates or five (5)
nonpromotional candidates who are eligible and available for appointment, the
executive director of „ersel;Rel seMses human resources shall so notify the
appointing authority who may select from the existing candidates or, after
requesting a new recruitment, may make a temporary appointment to the vacancy.
After making the selection, the appointing authority shall inform the executive
director of peFseapel sewlses human resources of the candidate appointed, the
date that person will assume the duties of the position and the applicable rate of
pay. After verification that the candidate has passed the required medical
examination per section 9-8, and after verification of the execution of the oath of
office, the executive director of human resources shall confirm
the appointment. After confirmation of the appointment, the appointing authority
shall enter the name of the employee on the employment rolls.
Ordinance No. NS -XXX
Page 10 of 16
50A-12
Sec. 9-67.1. - Exclusion of close relatives.
If, in the opinion of an appointing authority, the appointment of a candidate to
a position of employment under the jurisdiction of such appointing authority would
result in a violation of the policy set forth in section 9-3.1, the appointing authority
shall so notify the executive director of pew human resources, who
shall exclude such candidate from the list of names certified to such appointing
authority for such position. Any close relative of an appointing authority shall
likewise be excluded from any list certified to such appointing authority. In the
event a candidate is excluded pursuant to this section, the executive director of
personnel seMGes human resources shall certify to the appointing authority a list
containing the names of all candidates who would have appeared on such list if
the excluded candidate had never been a candidate for the subject position of
employment. A candidate who is excluded pursuant to this section shall not be
considered as having been certified from an eligible list for purposes of sections 9-
5 or 9-67.
Sec. 9-68. - Failure to appoint certified applicant.
If, upon certification, an eligible declines appointment or neglects to report to
the appointing authority for interview, the appointing authority shall notify the
executive director of peFsennel sellflGes human resources. The executive director
of ^^MaRRel se^^^eS human resources shall remove any eligible from the list for
neglect to report within five (5) working days after notice has been sent by mail to
the address on file, unless said eligible provides an explanation satisfactory to the
executive director of personnel serViGes human resources.
In the case of a promotional -only appointment, after an eligible declines
appointment and/or is removed from the eligible list, the executive director of
^e•s^^nel seW!Ges human resources shall upon the request of appointing authority
certify the next candidate on the list. In the case of an open appointment, after an
eligible declines appointment and/or is removed from the list, if the number of
eligible candidates is less than five (5), the executive director of persennel
sewiseshuman resources shall upon request of the appointing authority certify the
next lower band.
Sec. 9-69. - Filling by temporary appointment.
Temporary appointments may not be for a period longer than one hundred
eighty (180) calendar days after the first day of such temporary appointment, nor
may temporary appointments be made to any position a cumulative total of more
than one hundred eighty (180) calendar days in one (1) calendar year following the
first day on which the position is filled by a temporary appointment. Such temporary
appointment will be terminated when an employment list is prepared for the
position. Temporary appointments shall be processed by the executive director of
PeFG9nnel S^^^^^s human resources for record keeping purposes and to conform
with personnel policies and regulations.
Ordinance No. NS -XXX
Page 11 of 16
50A-13
Sec. 9-71. - Part-time positions in the excepted service.
Part-time positions of twenty (20) regular hours per week employment, as
outlined in the charter, will be processed by the executive director of peFseanel
sewises human resources for record keeping purposes and to conform with
personnel policies and regulations.
ARTICLE IV. -PROBATION
Sec. 9-92. - Probationary period performance appraisals.
Performance appraisals will be prepared by the appointing authority every four
(4) months during the probationary period and filed with the executive director of
personnel sepvises human resources. These reports will bear the statement that
the employee is to be retained or rejected. The final report will be filed five (5)
working days prior to the end of the probationary period.
Sec. 9-93. - Probationary employee rejection.
A rejection during the probationary period will be effective as of the date of
rejection by the appointing authority. Within ten (10) days of the rejection, the
appointing authority will file a statement with the executive director of personnel
seFvlses human resources, stating the reason for rejection and giving the effective
date, which shall not be later than the last day of the probationary period. In case
of separation because of rejection during the probationary period, the probationer
concerned will be notified immediately in writing, and a copy of such notice will be
filed with the statement furnished the executive director of peFsen^^' c^^^^^s
human resources.
ARTICLE V.- DEMOTION, TRANSFER, RESIGNATION, REDUCTION -IN -
FORCE, LAYOFF, ETC.
Sec. 9-112. - Resignation—Submitting.
Any employee voluntarily leaving the employment of the city shall at least two
(2) weeks prior to separation, submit a written resignation to his or her department
head with the effective date and reason for resignation. Failure to furnish the
written resignation within the time stated in this section may be cause for denying
the employee reappointment privileges. Resignations shall be forwarded, by the
appointing authority, to the executive director of perseRRel services human
resources.
Sec. 9-115. - Reversion to competitive service.
When an employee is entitled to reversion to his or her former position in the
competitive service from the excepted service, the executive director of peFsennel
Ordinance No. NS -XXX
Page 12 of 16
50A-14
se.,aGes human resources will notify the appointing officer in the department from
which the employee transferred to the excepted service. The latter, in restoring the
person to the former position, as prescribed in the charter, will provide the required
vacant position, if it does not exist, by means of lay-off or demotion, as outlined in
other sections of these rules and regulations.
Sec. 9-118. - Suspensions; demotions; dismissals.
(a) Right to exercise the disciplinary and dismissal powers hereinafter provided is
vested respectively in the officers of the city who have the power of
appointment as to any position in the personnel system.
(b) Except as specified in subparagraph (d), any employee serving a probationary
period in a position in the civil service shall be subject to suspension without
pay for a period not to exceed ninety (90) days, demotion or dismissal, and the
employee so disciplined or discharged shall not have a right of appeal, except
that an employee who held regular status in some other position or
employment included within the civil service immediately prior to his
appointment to probationary status shall not be discharged without written
notice of charges, an opportunity to answer, a written decision as hereinafter
provided and right of appeal to the personnel board.
(c) Except as specified in subparagraph (d), any employee, other than one serving
a probationary period, holding a position in the civil service shall be subject to
suspension without pay for a period not to exceed ninety (90) days, or to
demotion, or to dismissal subject to a right to appeal to the personnel board in
accordance with the procedures set forth in this article. However, such appeal
shall not.stay the imposition of suspension, demotion or dismissal following
the written decision of the appointing authority.
(d) Each or any of said actions relating to suspension, demotion, or dismissal may
be taken by the officer having power of appointment to the position for
reasonable and sufficient cause; provided, however, that no employee who is
exempt from the requirements of the Fair Labor Standards Act shall be subject
to suspension without pay for any period of less than one (1) week.
(e) Each such employee shall have ten (10) calendar days after receipt of the
written decision of the appointing authority in which to file a notice requesting
a hearing before the personnel board. Such request for a hearing shall be filed
with the executive director of peF60n^^' c^^^^es human resources. If a hearing
is requested, the personnel board shall thereupon set a date for hearing the
matter at its earliest convenience. Hearing procedures shall be informal, and
the rules of evidence generally applicable to administrative proceedings shall
apply.
Such employee shall have an opportunity at such hearing to be heard in
person, or by counsel, and the right to subpoena witnesses. Except as otherwise
provided by law, all hearings held under the provisions of this section shall be open
to the public.
Ordinance No. NS -XXX
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(f) The personnel board shall make written findings which shall state as to each
charge whether or not such charge is sustained. The personnel board shall
also set forth in writing its conclusions and recommendations based upon such
findings, and within ten (10) days after concluding the hearing, it shall certify
its findings, conclusions, and recommendations to the officer from whose
action the appeal was taken, and to the city manager and the city council.
(g) If, with respect to a suspension, demotion, or dismissal, the personnel board
shall conclude that the employee charged was not guilty of the act or omission
resulting in such suspension, demotion, or dismissal, a recommendation by it
of reinstatement without loss of pay shall be binding upon the appointing
authority, who forthwith shall order such reinstatement. In the event that the
personnel board shall conclude that the employee was guilty of the act or
omission resulting in such suspension, demotion, or dismissal but that the
penalty was not warranted under the circumstances, the personnel board may
review the severity and appropriateness of the punishment. A
recommendation by it of a greater or lesser punishment or of reinstatement
with or without loss of pay shall be binding upon the appointing authority, who
forthwith shall order the same.
If, with respect to a suspension, demotion or dismissal, the personnel board
concludes that the employee was guilty of the act or omission resulting in such
suspension, demotion or dismissal, and that such punishment was warranted,
such decision shall be final.
(h) Vacancies created under this section may be filled by the appointing authority
by temporary appointment pending the completion of any proceedings taken
hereunder.
(i) A reduction in pay shall be treated as a demotion under this section, unless
the reduction in pay is part of a plan of reclassification of positions or of a plan
to reduce salaries and wages in connection with a general economy or
curtailment program, or is the result of a finding by the appointing authority that
the employee's performance does not justify the continuance of a level of pay
that is dependent upon meritorious service. A failure to grant an increase in
pay at a time when an increase would otherwise have been granted as a part
of a plan to increase salaries and wages throughout the city service shall not
be treated as a demotion under this section.
Q) The personnel board may adopt procedural rules to govern the conduct of its
hearings.
ARTICLE VI.- LEAVES, HOLIDAYS AND ABSENCES
DIVISION 1.- GENERALLY
Sec. 9-142. - Same—Same—Return from.
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An employee returning to duty with the city shall inform the department head
and executive director of peFsennel cGePAGes human resources of his or her
intention at least thirty (30) calendar days prior to the expiration of the six (6)
months period or shorter period if the full six (6) months is not taken. Upon receipt
of such notice, the department head concerned will take steps necessaryto restore
the employee to the former or comparable position.
Sec. 9-143. - Military leave—Proof of orders; reinstatement.
An employee shall be granted military leave if he or she furnishes the executive
director of peFsennel 6epoiGes human resources satisfactory proof of his or her
orders to report forduty. Upon return and upon showing of proof of actual service
pursuant to such orders, he or she will be reinstated as provided by law.
DIVISION 2: SICK LEAVE
Sec. 9-166. - Notice.
The employee taking sick leave shall notify his/her department head either
prior to or within four (4) hours after the time set for beginning his/her duties, or as
otherwise established by departmental regulations. When the absence is more
than three (3) consecutive working days, the employee shall present to his/her
department head a physician's certificate stating the cause of illness and that, in
his/her opinion, the employee could not report to work because of such illness or
injury and that the employee is sufficiently recovered to safely return to work. Such
certificate shall be transmitted to the executive director of persennel-se-.4--es
human resources with the report of the return of the employee to work.
Section 4. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
ADOPTED this day of 2018
Miguel A. Pulido
Mayor
Ordinance No. NS -XXX
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:('\Ta h X. 614i L
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , 2018 and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Ordinance No. NS -XXX
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Clerk of the Council
City of Santa Ana
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