HomeMy WebLinkAbout11A - 2ND READ ORD AMEND CH 9 AND 2REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 5, 2018
TITLE:
ORDINANCE SECOND READING: AMENDING
SECTIONS OF CHAPTER 9 AND CHAPTER 2
TO CHANGE EXECUTIVE DIRECTOR OF
PERSONNEL SERVICES TO EXECUTIVE
DIRECTOR OF HUMAN RESOURCES
(STRATEGIC PLAN NO. 5,1)
Clh� MANAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1a0 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On May 15, 2018, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 6-0 (Sarmiento absent):
ORDINANCE NO. NS -2946 - 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 THE CLASSIFICATION, EXECUTIVE
DIRECTOR OF PERSONNEL SERVICES TO EXECUTIVE DIRECTOR OF HUMAN
RESOURCES.
In summary, 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.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
11 A-1
Second Reading Ordinance: Amend Sections
Ch. 9 and Ch. 2 to SAMC
June 5, 2018
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
L� Z) • ILii%
Maria D. Huizar
Clerk of the Council
Exhibit: 1. Ordinance No. NS -2946
11 A-2
LAR 615118
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:
ARTICLE IV.- OFFICERS, DEPARTMENTS, BOARDS AND
COMMISSIONS
DIVISION 1: GENERALLY
11 A-3
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 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:
ARTICLE I.- IN GENERAL
Sec. 9-2. - Definitions.
The following terms, whenever used in these rules and regulations, shall be
construed as follows:
Ordinance No NS -XXX
Page 2 of 16
11 A-4
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, 1953, 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 human resources: That person designated by the city
manager to have charge of personnel administration.
Eligible : A person who legally may be 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.
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.
Ordinance No. NS -XXX
11 A-5 Page 3 of 16
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 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.
Page 4 of 16
11 A-6
Sec. 9-4. - Executive director of human resources.
There is created the position of executive director of human resources. The
executive director of human resources shall be appointed by, and serve at the
pleasure of, the city manager. The duties of the executive director of 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 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 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 human resources for suitable
clerical assistance and for assignment of space in which to hold the hearings.
Ordinance No. NS -XXX
11 A-7 Page 5 of 16
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 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 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 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 human
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 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
Ordinance No. NS -XXX
Page 6 of 16
11 A-8
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 human resources.
Sec. 9-38. - Conducting.
The executive director of 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 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 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
be determined by the executive director of human resources. All applicants in the
same examination shall be accorded uniform and equal treatment in all phases of
the examination procedure.
Ordinance No. NS -XXX
11 A-9 Page 7 of 16
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 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 human resources and corrected if found to be wrong, or the appeal
denied. Decisions of the executive director of human resources shall be subject to
review by the city manager upon written request by the candidate filed with the
executive director of 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 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 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 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 human resources shall not be able to
certify for appointment the number of persons required under the provisions of this
chapter.
(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.
Page 8 of 16
11A-10
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 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 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 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
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.
Ordinance No. NS -XXX
11A-11 Page 9 of 16
(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 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 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 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.
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 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 human resources shall
certify to the appointing authority a list containing the names of all candidates who
Qniinance Nn NS -XXX
Page 10 of 16
11A-12
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 human resources. The executive director of 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 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
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 human 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
human resources for record keeping purposes and to conform with personnel
policies and regulations.
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 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
Ordinance No. NS -XXX
11A-13 Page 11 of 16
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 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 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 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 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
Page 12 of 16
11A-14
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, otherthan 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 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.
(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
Ordinance No. NS -XXX
11A-15 Page 13 of 16
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.
(j) 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.
An employee returning to duty with the city shall inform the department head
and executive director of 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 necessary to 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 human resources satisfactory proof of his or her orders to report for
duty. Upon return and upon showing of proof of actual service pursuant to such
orders, he or she will be reinstated as provided by law.
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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 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 5th day of June, 2018
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Laura A. Rossini
Senior Assistant City Attorney
Ordinance No. NS -XXX
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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:
Page 16 of 16
Clerk of the Council
City of Santa Ana
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