HomeMy WebLinkAbout1975 004 CC RESO1975 004 CC RESO ;¢fì ÷ š RESOLUTION NO. 75-4
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK ADOPTING
PERSONNEL RULES PURSUANT TO SECTION
2202 OF THE BALDWIN PARK MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE
AS FOLLOWS:
SECTION 1. That attached hereto, incorporated herein by
this reference, marked Exhibit A", are those certain personnel
rules prepared by the City Manager, pursuant to applicable
provisions of the Baldwin Park Municipal Code which said rules
are hereby adopted and approved as such by the City Council.
SECTION 2- That the City Clerk shall certify the adoption
of this Resolution and forward certified copies hereof to the
City Manager, each department head of the City, Secretary of
the Personnel Board, and to authorized representatives of each
recognized employee organization designated as such by the City
Council.
APPROVED AND ADOPTED this 15th day of January, 1975.
ATTEST:
2^^ yg^^jT
THELMA Lo BALKUS, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing resolution was duly and
regularly passed and adopted by the City Council of the City of
Baldwin Park at its regular meeting of the City Council on the
15th day of January 1975 / by the following vote:
AYES: COUNCILMEN MC CARON,GREGORY,KING,WALDO AND MAYOR HAMILTON
NOES: COUNCILMEN
ABSENT: COUNCILMEN
5L^^
THELMA Lo BALKUS, CITY CLERK
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1975 004 CC RESO ;¢fì ÷ š Resolution No. 75-4
Approved by the
Baldwin Park Personnel
Board August 15, 1974
EXHIBIT A'
PERSONNEL RULES
INDEX
RULE I. PURPOSE AND APPLICATION
RULE II. ADMINISTRATION
2.1 Personnel Officer
RULE III. APPOINTMENTS
3.1 Appointing Authority
3.2 Request to Fill Vacancies
3.3 Employment Lists
3.4 Temporary Appointments
RULE IV. APPLICATIONS AND APPLICANTS
4.1 Announcements and Applications
4.2 Basic Requirements of Applicants
4.3 Disqualification of Applicants
4.4 Notice of Rejection
4.5 Incomplete or Defective Applications
RULE V. EXAMINATIONS
5.1 Responsibility for Conduct of Examination
5.2 Need for Examination
5.3 Subject and Method of Testing
5.4 Medical Examination
5.5 Identify of Examinees
5.6 Oral Boards
5.7 Examination Results
5.8 Notice of Examination Results
5.9 Candidate Examination Papers-Inspection
5.10 Appeal from Examination Results
RULE VI. PROMOTIONAL EXAMINATIONS
6.1 Promotional Examination Defined
6.2 Eligibility for Promotional Examination
RULE VII. ESTABLISHMENT AND USE OF EMPLOYMENT LISTS
7.1 Preparation of Lists
7.2 Preparation of Re-employment Lists
7.3 Duration of Lists
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Removal of Names from Lists
Availability of Eligibles
PROBATIONARY STATUS
Probationary Period for Regular Appointments
Extension of Probationary Period
Probationary Reports
Status of Probationer
Permanency
Status of Present Employees
TRANSFERS
Transfers Within a Department
Inter-Departmental Transfer
Basis for Transfer
PERFORMANCE AND EVALUATION PROCEDURES
Performance Reports
Use of Reports
LEAVES OF ABSENCE
Vacation Leave
Sick Leave
Leave of Absence
Accrual of Leave
DISCIPLINARY PROCEEDINGS
Disciplinary Action
Cause for Disciplinary Action
Imposition of Disciplinary Action
Appeals
Action of the Board
Action of the City Council
GRIEVANCES
Purpose
Procedure
Appeal
OTHER EMPLOYMENT
Outside Employment or Activities
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1975 004 CC RESO ;¢fì ÷ š RULE XV- EDUCATXONAL PROGRAM
15.1 Educational Program and Costs
15.2 Completion of Educational Program
15.3 Termination of Employment
RULE XVI. MISCELLANEOUS
16.1 Family Relationships
16.2 Regular Duty Hours and Days
16.3 Overtime
16.4 Administration Regulations
16.5 Definition of Terms
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1975 004 CC RESO ;¢fì ÷ š Resolution No. 75-4
CITY OF BALDWIN PARK
PERSONNEL RULES
RULE I._____PURPOSE AND APPLICATION.
1.1 These Rules, adopted pursuant to Section 2202 of
the Baldwin Park Municipal Code/ are intended to establish,
and to provide for the maintenance of, an equitable,
efficient and uniform personnel program for the City.
1.2 These Rules shall apply to all positions which
are included within the City's classified service as set forth
in the Baldwin Park Municipal Code.
RULE II. ADMINISTRATION.
2.1 Personnel Officer
a) The position of Personnel Officer for the
City is hereby established. The Personnel
Officer shall establish and maintain a
roster of all classified employees of the
City, and individual employment folders
for each such employee which shall contain
all documents relating to employees and
personnel records with the City.
b) The City Manager shall be charged with the
administration and enforcement of these
Rules, and may designate any officer or
employee of the City to act as the Personnel
Officer. Any such appointment by the City
Manager shall be made without the payment
of any additional compensation therefor,
unless such additional compensation is
formally approved by the City Council.
RULE III. APPOINTMENTS.
3.1 Appointing Authority
Appointments to vacant positions in the City's
classified service shall be made by the appointing
authority having the power of appointment with
respect to such vacant position, and then only
with the consent of the City Manager. All such
appointments shall be made in the time and manner
set forth in these Rules.
3.2 Request to Fill Vacancies
When a position is to be filled, the appointing
authority shall notify the Personnel Officer and
make written request to fill the vacancy. This
request shall be on the prescribed forms providing
such information as is required. The Personnel
Officer shall advise the appointing authority as
to the availability of persons for regular
appointment to the position
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1975 004 CC RESO ;¢fì ÷ š 3.3 Employment Lists
Appointments to positions in the classified
service, except as otherwise hereinafter
expressly provided, shall be made only as to
persons whose names appear upon a Re-employment
List, a Promotional List, or an Open List. Where
a Re-employment List exists with reference to a
position, an appointment to that vacant position
shall be made from the Re-employment List for
that position, which shall take preference over
a Promotional or Open List.
3-4 Temporary Appointments
In the absence of an appropriate employment list,
or to meet the immediate requirements of any
emergency condition which threatens life or
property, the City Manager may make temporary
appointments to positions in the City service.
No credit shall be allowed for service rendered
under a temporary appointment toward meeting any
requirement of a permanent position.
RULE IV. APPLICATIONS AND APPLICANTS.
4.1 Announcements and Applications
The Personnel Officer shall prepare an official
bulletin announcing each proposed employment
examination. Suitable and effective methods of
distributing information relative to job openings,
to secure the most qualified candidates available
for such position, shall be practiced. The
bulletin shall contain all information of importance
in the consideration of potential applicants*
Official application forms shall be available in
the Office of the Personnel Officer and all
applicants for any position shall file a completed
application form with the Personnel Officer.
4.2 Basic Requirements of Applicants
a) Each applicant shall establish to the reasonable
satisfaction of the Personnel Officer that he or
she possesses the minimum qualifications for the
position sought.
b) Discrimination as to sex, race, religion, national
origin or political belief shall not be practiced.
4.3 Disqualification of Applicants
The Personnel Officer shall disqualify any applicant,
before or after examination, for any of the follow-
ing causes:
a) That the applicant does not meet all of the
qualifications for the position sought, or re-
quirements of these Personnel Rules.
b) That he is physically unfit for the performance of
the duties of the position sought.
c) That within the preceding five 5) years, he has
been found guilty by a competent court of record
of any crime involving moral turpitude, unless
adequate evidence of rehabilitation is supplied.
d) That he has made any false statement or omission
of any significant material fact, or practiced,
or attempted to practice any deception or fraud
in his application.
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4-^ Notice of Rejection.
Whenever an application is rejected, notice of
such rejection shall be given to the applicant
by the Personnel Officer, which shall contain
a statement of the reasons for such rejection.
Any prospective applicant may protest such
rejection to the City Manager, in writing,
stating the reasons for such protest. No such
protest shall be considered by the City Manager
unless filed with him, within 10 days of the
giving of notice thereof. Upon receipt of
timely filed protest, the City Manager shall
review the basis of the action taken. His
determination shall be final and conclusive.
4-5 Incomplete or Defective Applications
Incomplete or defective applications shall be
returned to the applicant for amendment or
correction. Such modified applications shall
be accepted, provided the time limit for
receiving applications has not expired at the
time the application is returned by the
applicant- At his discretion, the Personnel
Officer may accept such applications after the
final date for filing, upon a showing of good
cause for such late filing by the applicant.
RULE V. EXAMINATIONS
5.1 Responsibility for Conduct of Examination
The Personnel Officer shall be responsible for
the conduct of examinations required by these
Rules. The City Council may contract with any
personnel agency for the performance by the
agency of such technical examining services as
may be desired.
5.2 Need for Examination
The Personnel Officer, after consultation with
the appointing authority, shall determine what
type of examinations are necessary for each
position. The City Manager shall resolve any
disagreement concerning the type of examination
needed.
5.3 Subject and Method of Testing
The examination content shall be determined by
the Personnel Officer. The method of examining
applicants may be any one, or a combination of,
the following techniques:
a) Written
b) Oral
c) Any evaluation of education, experience^ skills and/or
any test of manual skills or physical fitness
which fairly evaluates the capacity of each
applicant, for the position sought.
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1975 004 CC RESO ;¢fì ÷ š 5.4 Medical Examinations
Pre-employment practices shall include medical
examinations. Psychiatric examinations may
also be required if the City Manager determines
that the position so requires. Such examina-
tions shall be made at the City's expense, by
a duly licensed physician designated or approved
by the City Manager.
5"5 Identity of Examinees
The identity of persons taking written examinations
shall not be disclosed until after the examinations
of all applicants are marked and a passing score
established.
5.6 Oral Boards
In examinations where deemed appropriate by the
Personnel Officer, the education, experience,
personal qualifications and other pertinent
information about the candidates may be evaluated
by an Oral Board, consisting of qualified persons
appointed by the Personnel Officer.
5.7 Examination Results
At the discretion of the Personnel Officer, failure
on any part of an examination may be grounds for
declaring that the applicant is disqualified for
subsequent parts of the examination. All exami-
nations shall be designated as qualifying only.
5.8 Notice of Examination Results
Each candidate in an examination shall be sent
written notice of the results of such examination,
and if successful, of his being placed on the
employment list.
5.9 Candidate Examination Papers-Inspection
a) Within ten 10) working days after scoring and
tabulation has been completed, candidates may
review their answers against the examination key.
The purpose of this review is to assure that papers
have been correctly scored according to the
examination key.
b) Protests to the accuracy of scoring may be submitted
to the Personnel Officer, and he may take such
corrective measures as are appropriate.
c) Protests to the substance of items, or the relative
order of items in the examination key, shall not
be allowed.
d) The above paragraph notwithstanding, standardized or
copyrighted tests, or tests scored by an absolute
standard, shall not be subject to candidate's
inspection which would reveal the examination key.
Subject to this limitation, answer sheets of form,
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1975 004 CC RESO ;¢fì ÷ š Resolution No. 75-4
standardized or copyrighted tests may be reviewed
for correct scoring as against the examination
key and accuracy of arithmetical computations
employed.
5.10 Appeal from Examination Results
Where a person who has taken an examination and is
dissatisfied with the results thereof, for any of the
reasons set forth in Paragraph 5.9 or any such
person who believes that he was down-graded by
reason of discrimination, collusion, fraudulent
practices, so far as the examination process is
concerned, may file a protest with reference to
such examination results with the City Manager.
Upon receipt of such a protest, the City Manager
shall conduct such investigation, and informal
hearing, as he deems necessary. If he finds the
allegations of the protestant to be matters of
fact, he shall take appropriate action to rectify
the same, including but not limited to, declaration
of the subject examination and all lists resulting
therefrom, null and void; the granting of an
appropriate make-up examination; and/or the
disqualification of any other candidate. The
decision of the City Manager with respect to such
a protest shall be final and conclusive.
RULE VI. PROMOTIONAL EXAMINATIONS
6.1 Promotional Examination Defined
Promotional Examination shall be those examinations
conducted for the purpose ascertaining the quali-
fications of candidates to fill a vacant position
in the City's classified service other than a
position designated on the Classification Plan as
a starting position."
6.2 Eligibility for Promotional Examination
The City Manager, where the needs of the City's
service so require, may, in addition to all other
qualifications required of persons seeking to take
a promotional examination, require that/as of the
date of the taking of such examination, any such
person, to be so eligible/ must be an employee of the
City of Baldwin Park, holding a position which is of
lesser ranking in the family of positions relating
to the position to which such examination relates.
The City Manager, in designating such additional
qualification, shall before imposing such
requirement, be reasonably assured that the best
interests of the City require that such restriction
be imposed to insure that a qualified person is
appointed to such vacant position.
RULE VII. ESTABLISHMENT AND USE OF EMPLOYMENT LISTS
7.1 Preparation of Lists
Upon completion of the scoring in the examination process,
the names of the successful candidates shall be listed
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1975 004 CC RESO ;¢fì ÷ š
by the Personnel Officer on the appropriate employment
list, in alphabetical order. Notwithstanding the
actual results of the examination process, no
indication shall be made upon the employment list as
to the numerical status achieved by any of the
candidates as a result of such examination process
and each person whose name appears on such certified
list, shall be deemed to be qualified to fill the
position sought.
7•2 Preparation of Re-employment Lists
The names of classified employees who have been
laid off for lack of work, or lack of funds,
shall be placed on a Re-employment List relating
to the position in which they were employed, as
set forth in Rule III hereof. Such names shall
be placed on the Re-employment List in reverse
order of layoff. Names shall remain on a
Re-employment List for twelve 12) months, and
shall then be removed.
7.3 Duration of Lists
Employment lists shall become effective upon the
Personnel Officer's certification that the lists
were prepared in accordance with these Rules, and
contains all the successful candidates whose
names appear thereon. Employment lists, except
Re-employment Lists, shall be effective for a
period of six 6) months from the date of their
establishment, provided that the City Manager may
extend the period not to exceed six 6) additional
months. For good cause, the City Manager may
abolish any employment list at any time and
require a new examination and the preparation of
a new employment or promotional list.
7.4 Removal of Names from Lists
The Personnel Officer shall remove the name of
any eligible from an employment list:
a) For any reason set forth in Rule IV for dis-
qualification of applicants.
b) Failure to respond to a notice of appointment
within ten 10) days after giving of such notice.
c) Upon receipt of a written statement from the
eligible stating that he wishes his name to be
removed from the employment list.
d) If an offer of employment is declined.
7.5 Availability of Eligibles
It shall be the responsibility of each eligible
to notify the Personnel Officer in writing of
any change of address or other change affecting
his availability for appointment.
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1975 004 CC RESO ;¢fì ÷ š Resolution No.—75-4
RULE VIII. PROBATIONARY STATUS.
8.1 Probationary Period for Regular Appointments
Any person regularly appointed to a classified
position as a miscellaneous employee shall be
deemed to be on probation for a period of one 1)
year; in the case of Public Safety employees, the
probationary period shall be eighteen 18) months,
The required probationary period shall not include
the time served under any temporary appointment,
i.e. acting or provisional, but shall date from the
time of regular appointment.
8.2 Extension of Probationary Period
Where an appointing authority determines that
the performance of an employee during his
probationary period warrants an extension of that
period, he may do so with the approval of the
City Manager. Any employee's probationary period
may be extended for an additional period not
exceeding six 6) months. The appointing authority
shall notify the City Manager of such contemplated
extension of the basic probationary period at least
thirty 30) days prior to the conclusion of the
normal probationary period, and shall give a copy
of such notice to the employee.
8.3 Probationary Reports
Ten 10) days prior to the completion of each three
3) month period during the probationary period,
the appointing authority shall furnish the City
Manager with a report as to the progress and capacity
of the probationary employee, a copy of which shall
also be furnished to the employee. No probationary
employee shall be terminated by an appointing authority
without the prior consent of the City Manager; if the
appointing authority recommends termination of a
probationary employee, he shall furnish a written
report of his reasons for said action to the City
Manager and the employee.
8.4 Status of Probationer
a) During the probationary period, the employee may be
terminated at any time without right of appeal or
hearing, based upon the recommendation of the
appointing authority and the approval of the City
Manager; each probationary employee shall be
informed of and required to acknowledge this
possibility at the time of his appointment.
b) Any employee terminated during a promotional
probationary period, or at the conclusion of such
a probationary period, by reason of the failure
of his appointing authority to recommend perman-
ent status, shall be reinstated to the position
from which he was promoted, unless charges are
filed and he is discharged in the manner pro-
vided in the Code and these Rules.
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1975 004 CC RESO ;¢fì ÷ š
1975 004 CC RESO ;¢fì ÷ š
Resolution No. 75-4
10.2 Use of Reports
Evaluation reports shall be considered for the
purpose of granting merit pay increases and for the
purpose of evaluating employees or applicants for a
promotional examination. Merit step increases shall
not be granted to any employee unless all performance
evaluation reports are satisfactory for a period of
one 1) year preceding the effective date of such
proposed merit increase.
RULE XI. LEAVES OF ABSENCE.
11.1 Vacation Leave
Accrued vacation leave, being leave with pay,
shall be granted to each classified employee
subject to the convenience of the service, as
hereinafter provided:
a) Allowance: All classified employees based upon
their respective anniversary dates of employment,
shall accrue vacation leave in accordance with
the following schedule:
1) Employees having less than five 5) years
service with the City: 1 work day per
calendar month actually worked;
2) Employees having more than five 5) years,
but less than ten 10) years service with
the City: 1-1/4 work day per calendar
month actually worked;
3) Employees having more than ten 10) years,
but less than fifteen 15) years service
with the City: 1-1/2 work days per
calendar month actually worked;
4) Employees having more than fifteen 15)
years, but less than twenty 20) years
service with the City: 1-3/4 work days
per calendar month actually worked;
5) Employees having over twenty 20) years
service with the City: 2 work days per
calendar month actually worked.
b) When Vacation May be Taken: No vacation shall
be taken until the employee has worked for the
City continuously for one 1) year. All
vacations shall be scheduled with due regard
for the wishes of the employee and particular
regard for the needs of the service.
c) Vacation time accumulated must be used within
one year of the time it is earned. Upon the
recommendation of the appointing authority, the
City Manager may permit a maximum of two years
before earned vacation is used.
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1975 004 CC RESO ;¢fì ÷ š d) Holidays Occuring During Vacation: When a
legal holiday falls within a vacation leave
period, such day or days shall not be charged
against the vacation allowance.
e) Termination of Employment: If an officer or
employee with accrued vacation leave is
separated from his employment with the City,
he shall be paid for accrued leave at his
current rate of pay.
11.2 Sick Leave
Leaves of absence with pay for injury and illness
shall be granted as follows:
a) Sick Leave Allowance: All classified employees
shall be entitled to one 1) work day sick leave
for each calendar month of service, or major
portion thereof. Sick leave may be accrued
without limit.
b) When Sick Leave May Be Taken: The use of sick
leave shall not be permitted until the employee
has been employed for a period of six 6) months.
Sick leave shall be taken only in the following
cases:
1) during a period of actual sickness or
temporary disability of the employee; and
2) not to exceed three 3) working days
where a death appears imminent, or death
occurs, in the employee's immediate family.
Immediate Family" for the purpose of this
Subparagraph, shall mean and include only the
employee's spouse, child, parent, brother
or sister.
3) The employee taking sick leave shall
notify his appointing authority prior to
the time set for beginning his daily
duties.
4) During a period of temporary disability,
contemplated pursuant to subparagraph f)
hereof.
c) Return From Sick Leave: Upon returning from
sick leave, the employee shall file with his
appointing authority a personal affidavit
stating the cause of absence. If an employee
is off work due to illness for three
3) days or more he shall also submit to his
appointing authority a physician's certificate.
d) Use of Sick Leave Before Earned: Sick leave may
not be used until it is earned.
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1975 004 CC RESO ;¢fì ÷ š Resolution No. 75-4
e) Termination of Employment: No compensation shall
be paid for unused sick leave when the employment
of an employee is terminated.
f) Line of Duty Injury. Compensation Any permanent
classified employee who is injured in the course
and scope of his duties, as such, shall be entitled,
automatically, to a leave of absence with pay for
such period of temporary disability, not exceeding
one 1) year from and after the date of such injury.
As soon as is possible after such injury the
employee shall apply for workmen's compensation
benefits; and during such leave of absence, all loss
of income payments received from workmen's compen-
sation insurance shall be paid to the City. If,
during such period, the injury results in the employee
becoming permanently disabled so that he can no
longer perform his duties, such employee shall cease
to receive benefits pursuant to this Section, and
shall be retired for disability.
11.3 Leave of Absence
The City Manager may, for good cause, including
maternity leave, grant an employee leave of absence,
without pay, upon the employee's written request
therefor. The employee shall be automatically
terminated if the employee becomes gainfully em-
ployed, during the period of the leave, without
prior approval of the City Manager.
Upon expiration of a regularly approved leave,
the employee shall be reinstated in the position
held at the time leave was granted.
11.4 Accrual of Leave
No employee shall accrue sick leave or vacation
leave while such employee is on a leave status.
For the purpose of this Section, leave status"
shall mean any period of time during which an
employee is not engaged in the performance of his
duties by reason of an authorized leave, sick leave
authorized pursuant to Section 11.2 b) or f),
and leave granted pursuant to Section 11.3).
RULE XII. DISCIPLINARY PROCEEDINGS.
12.1 Disciplinary Action
Disciplinary action may be imposed upon any
classified employee for any of the causes set
forth in this Rule. For the purpose of this
Section, disciplinary action" shall mean written
reprimand, suspension without pay for a period
not in excess of thirty 30) calendar days,
temporary reduction in salary, reduction in class
or position, or any combination thereof, or
dismissal from the service-
12.2 Cause for Disciplinary Action
Any of the following shall be cause for the
imposition of disciplinary action:
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1975 004 CC RESO ;¢fì ÷ š a) Consistent incompetence or inefficiency in the
performance of employee's duties; or
b) Violation of any lawful or official regulation
or order; or
c) Soliciting, taking or accepting a fee, gift or
other thing of value in the course of the
employee's work or in connection with it; or
d) Final conviction of any criminal offense involving
moral turpitude. A plea or verdict of guilty,
or a plea of nolo contendere shall be deemed to
be a final conviction within the meaning of this
Section; or
e) Negligent or wilful conduct by an employee which
results in, or causes, damage to public property
or waste of public supplies; or
f) Conduct during or outside duty hours which casts
discredit on the service or the City or which
may reasonably be expected to result in casting
such discredit on the service or the City; or
g) Absence without leave? or
h) Excessive absences; or
i) Violation of the provisions of the Code or these
Rules; or
j) Any other good and sufficient cause.
12.3 Imposition of Disciplinary Action
Such action may be imposed upon an employee by
his appointing authority only as follows:
a) That the appointing authority shall give written
notice to the employee and the City Manager,
of the cause or causes for such action, together
with a narrative written statement of the facts
purporting to, establish the basis for the action
as proposed; and
b) That the City Manager shall conduct an informal
noticed hearing to allow the appointing authority
and the employee to present any competent and
relevant evidence tending to prove or disprove
the facts upon which the action is based; and
c) That, thereafter, based upon the evidence so pre-
sented, if the City Manager finds that there is
substantial evidence to support the charges as made,
and that based thereon, the disciplinary action
proposed is warranted, he shall approve the same;
provided that the City Manager may modify the same,
based upon the evidence presented, by increasing
or decreasing the severity of the action as proposed
The City Manager shall give the employee, the
appointing authority, and the Personnel Officer
written notice of his decision, which shall be
final and conclusive in the absence of an appeal,
taken in the time and manner hereinafter provided.
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1975 004 CC RESO ;¢fì ÷ š Resolution No. 75-4
12.4 Appeals
An employee as to whom disciplinary action has
been taken, shall have the right to appeal the
City Manager's decision to the Personnel Board,
in the time and manner hereinafter set forth.
All such appeals shall be in writing and shall
be filed with the City Clerk on or before
5:00 p.m. of the 10th day following the giving
of notice of the City Manager's decision. For
the purpose of this Rule, the date of the giving
of notice" shall be either the date of personal
service upon the employee, or two 2) consecutive
calendar days after the date that such notice
was placed in the course of transmission of the
United States Postal Service. Failure, for any
reason, to file an appeal, within the time
permitted shall be conclusively deemed to be
an acceptance of the City Manager's decision.
Upon receipt of a timely appeal, the City
Clerk shall advise the Secretary of the
Personnel Board thereof, who shall set the
matter for hearing before such Board, as
expeditiously as is possible. The Secretary
shall give the appealing party, and any
other person requesting the same, written
notice of the time and place of the hearing
to be held before the Personnel Board upon
such appeal.
12.5 Action of the Board
At the time set for such hearing, the Board,
de novo, shall hear and consider any relevant
and competent evidence presented on behalf of
the appointing authority which tends to show
the existence of the facts purportedly constitu-
ting the grounds for the disciplinary action
taken; the employee shall be given the right
of cross-examination of any witness so called.
Thereafter, the employee shall be given a
reasonable opportunity to present any competent
and relevant evidence, tending to disprove
such facts, personally or through an attorney
employed at such employee's expense.
Proceedings before the Board need not be con-
ducted in strict conformity with the rules of
evidence as applied in a court of law, but all
parties shall observe the substance of the
rules of evidence, to the end that the matter
may be fully heard and determined upon reliable
evidentiary matter. The City shall provide the
services of a Certified Court Reporter at all
such hearings.
The City Attorney shall rule on all questions
pertaining to procedure, in connection with
hearings held before the Board, provided, that
the Board shall retain the right to overrule the
City Attorney on any determination made by him,
by a majority vote.
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1975 004 CC RESO ;¢fì ÷ š The Board, after hearing, shall affirm, reverse or
modify the decision appealed from. The Secretary
of the Board shall give written notice to the
employee, the appointing authority, the City
Manager and the Personnel Officer, of its deter-
mination. Such determination shall be final and
conclusive/ unless prior to 5:^0 p.m. on the 10th
day following the giving of such notice, the
employee files with the City Clerk a written appeal,
appealing the decision of the Personnel Board to
the City Council.
12.6 Action of the City Council.
Upon timely filing of such an appeal, the
Clerk shall forthwith cause to be prepared
a verbatim transcript of the proceedings
before the Board. The City Clerk shall insure
that such transcript includes all documentary
evidence presented at such hearing. Not less
than ten 10) copies of said transcript shall be
made, and a copy shall be forwarded to each
member of the Council, the City Manager, the
City Attorney and the affected employee. Within
a period of not to exceed ten 10) days from
and after the date of receipt of a copy of the
transcript by the employee, he shall, in writing,
advise the City Clerk, as a supplement to his
appeal hereafter supplement"), which of the
following he requests:
a) a de novo hearing before the City Council,
together with his reasons for requesting the
same; or
b) a review of the Personnel Board decision based
solely upon the transcript of the proceedings
before the Board, together with written or oral
arguments relating thereto; or
c) a de novo hearing on one or more of certain
specified and designated issues on which the
appellant desires to present new evidence and a
review of all other issues based solely upon the
transcript of the proceedings before the Board,
together with written or oral arguments relating
thereto.
Any employee who fails to file such a supplement
to his appeal within the time permitted by this
Section, shall be deemed, for all purposes, to
have requested a review solely based upon the
transcript.
After its review of such transcript and the
supplement the City Council at its next most
convenient meeting, shall determine whether
the proceedings to be held before it on the
appeal shall be a de novo hearing, a partial
de novo hearing or~a review solely based upon
the transcript presented as above described.
The decision of the City Council, in this
respect, shall be final and conclusive.
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1975 004 CC RESO ;¢fì ÷ š Resolution No. 75-4
The City Council in a case of a de novo hearing
or a partial de novo hearing, shall conduct the
same in accordance with the provisions of this
Rule with reference to Personnel Board Proceedings
Upon the conclusion of the proceeding
before the Council, it shall approve,
modify or disapprove the findings of the
Personnel Board. The decision of the City
Council shall be final and conclusive in all
cases.
RULE XIII. GRIEVANCES.
13.1 Purpose
The purpose of this Rule is to provide for
an employee grievance procedure, within the
scope and framework of the existing Personnel
System. For the purpose of this Rule, the
word grievance" shall mean and include any
matter affecting the terms and conditions of
employment as to any employee, except that
the same shall not include any disciplinary
action or proceeding, nor any matter specifi-
cally referred to in the Baldwin Park Municipal
Code or these Rules with reference to such
terms and conditions of employment.
13,2 Procedure
I
Any employee who has a grievance, may file with
his appointing authority, a written statement,
containing a brief explanation of such grievance.
The appointing authority shall, upon receipt of
a written grievance, interview the employee filing
the same, to determine the details of the same.
The appointing authority shall expeditiously
prepare a written report concerning said grievance
hereinafter grievance report"), which shall con-
tain a suranary of the grievance involved, and the
position of the appointing authority in reference
thereto. Such grievance report shall be submitted
to the City Manager for approval, disapproval or
modification. The City Manager shall conduct an
informal hearing with regard to the same. If, as
a result of such hearing, the City Manager
determines that the position of the employee,
with reference to the grievance, as presented, is
meritorious, i.e., that the employee's position
is consistent with the Personnel Rules and Regu-
lations and all other valid administrative rules
and applicable laws, he shall approve the grievance
as presented and take steps necessary to grant
redress and/or to eliminate the source of such
grievance. If he finds that the grievance is not
meritorious, in whole or in part, he shall deny
the grievance, in whole or in part, as presented-
After the City Manager has approved, disapproved
or modified the grievance report as presented to
him, he shall give written notice of his decision,
together with a copy of the same, to the employee
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1975 004 CC RESO ;¢fì ÷ š and his appointing authority. The action of the
City Manager upon a grievance report shall be
final and conclusive in the absence of the
perfecting of an appeal as hereinafter provided.
13.3 Appeal
Any employee presenting a grievance in the
manner hereinabove set forth, who is dis-
satisfied with the determination of the City
Manager with reference thereto, may appeal
such decision, by filing a written letter
of appeal with the Secretary of the Personnel
Board, within not to exceed thirty 30) days
from and after the giving of notice by the
City Manager. For the purpose of this Rule,
the date of the giving of notice" shall be
either the date of personal service upon the
employee, or two 2) consecutive calendar days
after the date that such notice was placed
in the course of transmission of the United
States Postal Service- The Secretary of the
Board, upon receiving a timely appeal, shall
place the matter on the next most convenient
Board agenda for its consideration. Notice
of the time and place of the hearing on such
matter by the Board shall be given not less
than five 5) days in advance therof, to the
employee, the appointing authority, the City
Manager and any other person who has requested
notice thereof.
At the time of the hearing before the Board,
all interested persons shall be given reason-
able opportunity to be heard upon the merits
of the grievance and the positions taken with
reference thereto. Upon conclusion of such
hearing, the Board shall, in written form,
determine whether or not the grievance, as
presented, is meritorious. If the Board finds
the grievance is meritorious, in whole or in
part, the City Manager shall take such action
as may be required by the Board to grant
redress, and/or to eliminate the source of said
grievance; if the Board finds the grievance is
not meritorious, it shall disapprove the
grievance as submitted.
Upon the Board's approval of its written report,
relating to its decision upon a grievance, the
Secretary shall give written notice thereof to
the appealing employee, his appointing authority
and the City Manager. The decision of the
Personnel Board shall be final and conclusive,
in the absence of an appeal taken in the time
and manner set forth hereinafter.
Within thirty 30) days after the giving notice
of the Board's action, the City Council may,
upon written request of the employee or the
City Manager, by motion, carried by not less than
thee 3) affirmative votes, review such matter,
based solely upon the Board's records and files,
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1975 004 CC RESO ;¢fì ÷ š Resolution No. 75-4
including summaries of testimony given. The City
Council thereafter shall approve, disapprove or
approve with modification, the decision rendered
by the Personnel Board- The City Council's
action shall be final and conclusive.
RULE XIV. OTHER EMPLOYMENT.
14.1 Outside Employment or Activities
No employee shall engage in any outside employment
without first obtaining approval of the City Manager
The City Manager shall deny permission to the
employee to engage in such outside employment
where the City Manager finds either that such
employment renders, or would render, such
employee less able, actually or potentially,
to perform his duties as an employee of the
City. Failure of any employee to obtain
approval of the City Manager shall be grounds
for dismissal.
ROLE XV. EDUCATIONAL PROGRAM.
15.1 Educational Program and Costs
The City Manager shall establish a program
whereby classified employees of the City, who
have been such for a minimum period of one 1)
year, shall be eligible to enroll at an educa-
tional institution, approved by the City Manager,
for the purpose of furthering his formal education
in a field related to such employee's work for the
City. The Cost of tuition and books and other
educational materials as may be reasonably required,
shall be a proper charge against the City, provided
that the employee's program of education has been
first approved by the City Manager.
15.2 Completion of Educational Program
Once an employee has secured approval of the
City Manager for participation in the educational
program hereby established, if such an employee
commences such educational program and fails to
complete the same for any reason, other than
death, disability or involuntary service in the
Armed Forces, within the time set forth in his
program as approved by the City Manager, the entire
sum paid by the City, for tuition, books and other
educational materials paid on his behalf shall be
repaid by the employee to the City, together with
six 6%) percent interest thereon, from the time
said sums were actually expended until paid in
full. A reasonable payment program involving a
deduction from each pay check shall be established
and put into effect by the City Manager. If such
employee shall terminate his service with the
City, within one 1) year after completion of an
approved educational course, all such sums so
expended shall thereupon be immediately due and
owing to the City, and shall be deducted from any
sums due him at the time of such termination.
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1975 004 CC RESO ;¢fì ÷ š 15,3 Termination of Employment
An employee who is granted permission to take
part in an educational program pursuant to this
Rule, shall agree, in advance, that all monies
expended by the City on his behalf to defray the
cost of tuition, books and other educational
materials, shall be repaid to the City within
ninety 90) days after the termination of his
employment with the City, if the same occurs
prior to one 1) year from and after the time
the employee successfully completes such educa-
tion program, or if the program is unfinished
at the time of employment termination.
RULE XVI. MISCELLANEOUS.
16.1 Family Relationships
The City Manager shall take such steps as may be
necessary, including, but not limited to, the
transfer of personnel to insure that no employee
of the City shall be in a supervisory position
as to any other employee to whom he is related
within the second degree of consanguinity.
16.2 Regular Duty Hours and Days
Regular duty hours and days shall be set, as to
each classified employee, by his appointing
authority. The total number of hours worked
during a calendar week shall not exceed forty 40)
hours.
16.3 Overtime
Overtime shall be allowed to employees only
where an appointing authority has approved such
in advance, with the approval of the City Manager,
Compensation for overtime shall be as specified
in the Basic Salary Plan.
16.4 Administrative Regulations
The City Manager is hereby authorized and empowered
to issue, periodically, administrative regulations
implementing the provisions of these Rules.
16.5 Definition of Terms
a) APPLICANT: A person who files a formal application
for employment in the classified service.
b) APPOINTING AUTHORITY: A duly appointed and acting
head of a City department.
c) CANDIDATE: A person who has taken an examination
for a position in the classified service whose
name has not yet been recorded on an employment
list.
d) CITY MANAGER: The City Manager of the City of
Baldwin Park.
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1975 004 CC RESO ;¢fì ÷ š Resolution No. 75-4
e) CLASS: Positions in the classified service
having substantially similar duties^ responsi-
bilities, and compensation..
f) CLASSIFIED SERVICE: Those employees specified in
the Code as being in the classified service.
g) CODE: The Baldwin Park Municipal Code.
h) COUNCIL: The City Council of the City of Baldwin
Park.
i) DISMISSAL: The permanent separation for cause of
an employee from the service of the City.
j) ELIGIBLE: A person whose name is recorded on a
current, appropriate Re-employment List, Promotional
List, or an Open List.
k) EMPLOYMENT LIST: A list of persons who have taken
and passed the examination for a class in the
classified service.
1) EXAMINATION: The means of appraising an applicant
by examination technique to determine if the
candidate has the qualifications required by the
class or position for which he has applied.
m) NOTICE: Written notice by United States Mail,
postage prepaid, addressed to the recipient at his
last known address.
n) PERMANENT EMPLOYEE: Any employee who has attained
permanent status in the manner described in the
Code.
o) POSITION: A combination of current duties and
responsibilities assigned to a specific position
of employment.
p) PROBATIONARY PERIOD: The period during which an
employee is required to demonstrate his fitness
for the duties of the position to which he is
appointed, by actual performance of such duties.
q) PROMOTION: An advancement from a lower class to
a higher class involving an increase in responsibil-
ity and an increase in salary.
r) PROMOTIONAL'EXAMINATION: An examination in which
competition is limited to permanent employees in
the classified service.
s) SUSPENSION: The temporary separation from the
service without pay of an employee for disciplinary
reasons.
t) TEMPORARY APPOINTMENT: An appointment to a position
which is expected to be abolished or discontinued
within six months.
u) TEST:
1) Assembled Test": A written, oral, performance,
or physical test at a specified time and place
at which applicants are required to appear for
classified testing under supervision.
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1975 004 CC RESO ;¢fì ÷ š 2) Unassembled Test": A test consisting of
an appraisal of training, experience, work
history, or any other means of evaluating
without the necessity for candidates
appearing at a specified place.
v) TRANSFER: A change of an employee from one
position to another position in the same class or
another class having similar duties, pay range and
qualifications.
w) VETERAN: For the purpose of these Rules, Veteran
is defined as set forth in Section 980 of the
Military and Veteran's Code of the State of
California.
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8.5 Permanency
An employee's status shall be considered permanent
upon completion of the probationary period only if
the appointing authority reports to the City Manager
that the services of the employee have been satisfac-
tory, and such report is approved by the City Manager.
8.6 Status of Present Employees
a) Any full-time employee holding a position in the
classified service who, on the effective date of these
Rules, shall have served continuously in such position
for a period equal to the probationary period
prescribed in these Rules, shall be deemed to
have permanent status in the classified service
in the position held on such effective date,
without any qualifying examination, and shall
thereafter be subject in all respects to the pro-
visions of these Rules.
b) Any other full-time employee holding a position
in the classified service shall be regarded as
holding such position of employment as a pro-
bationer who is serving out the balance of the
probationary period before obtaining permanent
status. The probationary period shall be computed
from the date of regular appointment, consistent
with the time set for such probationary period by
these Rules.
RULE IX. TRANSFERS
9.1 Transfers Within A Department
An appointing authority may transfer an employee
from one position to another in the same class or
a comparable class within the same department.
The transfer shall not be utilized to impose a
salary reduction or any form of discipline.
9.2 Inter-Departmental Transfer
Transfer of an employee from one position to another
position in the same class or a comparable class and
from one department to another, may be made at the
concurrence of both appointing authoritites and the
City Manager.
9.3 Basis for Transfer
No transfer of any kind shall be made unless the same
is required for the purpose of economy or efficiency.
RULE X. PERFORMANCE AND EVALUATION PROCEDURES.
10.1 Performance Reports
The City Manager shall prescribe and install a system
which requires periodic evaluation reports on each
employee in the classified system.
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