1.1: Authority
Under the authority of Article XI, Section 1118 of the Charter of the City of Santa Cruz, the City Council adopts these rules and regulations which shall have the force and effect of law and shall apply to all employees who are members of the classified service. Clarification regarding the implementation of these rules and regulations shall be the responsibility of the City Manager.

1.2: Purpose
The purpose of these rules and regulations is to facilitate efficient and economic service to the public and to provide for a fair and equitable system of personnel administration and management within the City organization.

It is the policy of the City that:

a. . All current and prospective employees, Councilmembers, contractors, unpaid interns, and volunteers shall receive equal opportunity in employment without discrimination on the basis of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military and veteran status, or any other consideration made unlawful by local, State, or Federal law. This nondiscrimination policy applies to decisions affecting recruitment, selection, placement, assignment, training, transfer, promotion, evaluation, discipline, termination, compensation, benefits and all other aspects of employment.
b. Tenure of employees covered by these rules and regulations shall be subject to satisfactory work performance and behavior, the necessity for the performance of work, and the availability of funds.
c. Relations with employees will be maintained in an open and straightforward manner.

This rule is further defined by City Council Policy 25.2-Discrimination, Harassment, Retaliation, and Respectful Workplace Conduct.

1.3: City Manager Authority
In accordance with the provisions of Sections 801, 802, and 806, Article VIII of the Charter of the City of Santa Cruz, the authority to appoint all officers and employees except those specifically excluded, to remove same and have general control and supervision over same is vested in the City Manager. The City Manager may delegate to department heads or other designee, authority of appoint, terminate or administer personnel action subject to these rules and regulations, the Municipal Code, and the City Charter.

The Personnel System established by Article XI of the Charter shall be administered by the City Manager. The City Manager may delegate this authority to the Director of Personnel.

1.4: Conflict With Charter/Collective Bargaining Agreements
None of the Personnel Rules and Regulations, administrative directives established by the City Manager department rules, regulations or directives shall be in conflict with nor supersede any provisions of the Charter of the City of Santa Cruz and in the event of conflict the Charter shall control. Wherever these rules conflict with the provisions of a collective bargaining agreement, the provisions of the agreement shall prevail.

1.5: Severability
Should any provision contained in these rules be rendered or declared invalid by reason of any state or federal legislation, court action, or emergency situation, such invalidation so declared shall not invalidate the remaining portion hereof and they shall remain in full force and effect.

1.6: Amendment to Rules
Amendments to these rules are initiated by the City Manager, or Director of Personnel. Prior to consideration, any amendment shall be communicated to each recognized employee organization not less than five (5) working days prior to such time of consideration of any such proposed amendment, any interested party may appear and be heard. All amendments to the rules are subject to the approval of the City Council.

1.7: Acceptance of Rules
In accepting employment with the City of Santa Cruz, each employee agrees to be governed by and to comply with the Personnel Rules and Regulations, Administration Rules and Regulations established by the City Manager and departmental rules, regulations and directives.

1.8: Reports to the Human Resources Director
Each department shall report to the Human Resources Director in writing as follows:

1. All appointments, promotions, transfers, or demotions in the City service;
2. Suspensions, reduction in pay, or other disciplinary actions;
3. All separations from the City service;
4. All accidents involving injury to any employee;
5. All personnel actions.

1.9: Temporary Changes to Personnel Rules and Regulations
The City Manager may temporarily change, suspend or otherwise modify these rules and regulations in time of peril/disaster or emergency. Such temporary changes shall not exceed a specified period of time and if indicated that permanent change is necessary, the amendment shall follow the Municipal Code.

June 2002

2.01: Unclassified Service
The Civil Service of the City shall be divided into the Unclassified and the Classified Service. The Unclassified Service shall comprise the following offices and positions:

1. Members of the City Council;

2. City Manager; Assistant City Manager, and Human Resources Director;

3. City Attorney and any assistant or deputy;

4. City Clerk;

5. Department heads;

6. All members of boards and commissions;

7. Any position which is created for a temporary purpose.

8. Persons employed to render professional, scientific, technical or expert service of an occasional and exceptional character.

2.1: Adoption and Amendments to Classification Plan.
There shall be a Classification Plan of all positions in the Classified Service. The Director of Human Resources shall prepare and maintain the Classification Plan. The Plan shall consist of classifications and specifications for each class in the classified service. The initial Classification Plan and any additions or deletions to it shall become effective upon final approval of the City Council.

2.2: Classified Service; Classification of Positions.
The Classified Service shall comprise all positions not specifically included in the Unclassified Service. Each position in the Classified Service shall be allocated by the Director of Personnel to a classification in the Classification Plan.

2.3: Reclassification.
The Director of Personnel shall make periodic studies of the classification plan and recommend any changes deemed desirable. When the duties and responsibilities of a position have changed significantly, the position may be reclassified by the Director of Personnel to a more appropriate classification upon approval of the City Council.

2.4: Status of Employee Whose Position is Reclassified.
If an occupied position is reclassified the incumbent shall be affected as follows:

a. To a Lower Classification. When a position is reallocated to a lower classification, the incumbent is either:

1. Transferred to a vacant position in the former classification; or,

2. If the incumbent's current salary is greater than the top step of the lower classification, Y-rated at the current salary for a standard period of eighteen (18) months after which the incumbent would be placed at the top step of the lower classification.

b. To a Different Classification With the Same Salary Range. When a position is reallocated to a different classification with the same salary range, the incumbent shall be granted the same status in the new classification as was held in the other classification, shall be paid at the same step of the range and shall maintain the same salary rights.

c. To a Higher Classification. When a position is reclassified to a classification with a higher salary range, the incumbent is moved into the higher classification with the position, except in the circumstances prescribed below. Placement in the salary range shall be in accordance with the appropriate memorandum of understanding.

1. If the duties upon which the reclassification are based could have been assigned to any of a number of employees in that classification within the division or department, then a promotional exam is held for the reclassified position. Such an exam is a departmental only recruitment limited to employees within that classification. If the incumbent in the reclassified position is not successful in this competitive process, she/he is assigned to the position vacated by the promotion.

2. If the reclassification is based on duties and responsibilities that are substantially different in nature from the position's current classification or are not a natural progression or expansion of the current classification, then the position must be filled through a competitive selection process. If the incumbent is not successful in this appointment process, she/he would be assigned to any vacant position in a comparable or lower class for which the employee meets the minimum qualifications, or would be laid off from City employment per the provisions of the applicable memorandum of understanding or these rules.

In both of the situations described above, the incumbent may be granted temporary status in the higher level classification until the selection process is completed.

d. Probationary Period Following Reclassification. If the position is occupied by a probationary employee, the employee must serve the remainder of the probationary period to attain permanent status.

2.5: Alternate Staffing and Alternate Classes.
Alternate staffing is a procedure which permits a position to be filled at one of several related class levels. Under alternate staffing, once the class of a position is established by the City Council, the position may be filled at that class level or a lower related class level. The classes at which a position may be filled under alternate staffing will be determined by the City Council.

2.6: Compensation.
The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps, and any other special circumstances or items related to the total compensation paid to employees.

2.7: Pay Period.
The pay period for all employees shall be bi-weekly. Salaries will normally be paid on the first Friday following the completion of a pay period. When a holiday falls on a pay day, the pay day will be transferred to the following day of regular business unless the Finance Department is able to complete the payroll by the previous work day. The method of distributing the payroll shall be established by the Director of Finance.

2.8: Overtime Policy.
It is the policy of the City of Santa Cruz that overtime work is to be kept to a minimum, consistent with the protection of the lives and property of its citizens and the efficient operation of activities of the City and shall be authorized only under such administrative directives as the City Manager may prescribe. Overtime shall be paid in accordance with appropriate state and federal law and Memorandum of Understanding.

2.9: Deductions.
Deductions from employee's pay shall be made in accordance with prevailing laws, agreements, and administrative directives established by the City Manager.


Sept. 2007

3.1: Announcements
All selection procedures for positions in the classified service shall be publicly advertised either by posting, by publication, or such other adequate means as may be available to attract qualified candidates. Posting of announcements shall be for not less than five (5) days prior to the final filing date. The notice shall state the classification title, nature of work to be performed, qualification standards, when and where to file applications, examination procedures, and other pertinent information.

3.2: Applications
Applications to take examinations must be filed on a City application form.

3.3: Qualification of Applicants
Applicants for examination must meet the qualification standards set forth in the announcement.

3.4: Disqualification
The Director of Human Resources has the authority to disqualify applicants, candidates or eligibles consistent with the provisions of these rules. The following shall constitute grounds for disqualification of an applicant, candidate or eligible: c. Conviction (including pleas of guilty or nolo contender) of a crime if the Director of Human Resources determined that the conviction has a rational relationship to the position for which application is made. In making the determination, the Director of Human Resources shall consider the duties and responsibilities of the position, the nature of the conviction, the circumstances surrounding the crime, and the candidate’s record since conviction. In the case of applicants, candidates, or eligibles for peace officer (as defined in Penal Code Sections 830, et seq.) positions, a felony conviction shall automatically disqualify the individual.

3.5: Notice of Qualification
Applicants and candidates shall be sent written notice of acceptance or rejection of their application and the results of their examination. Said notice shall be mailed to the address of record on the application filed for the examination.

3.6: Examination Process
The selection techniques used in the examination process shall be impartial and relate to those subjects which, in the opinion of the Director of Personnel fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class or position to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to achievement and aptitude tests, other written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples, psychological tests, successful completion of prescribed training, or any combination of these or other tests. The probationary period shall be considered as a portion of the examination process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirements.

3.7: Types of Examinations
The Director of Personnel shall make the final decision on the types of recruitment and examinations to be held for any given position or classification. The following types of recruitment and examinations may be held:

1. Open Examinations shall be open to all candidates who meet the qualification standards set forth in the job announcement.

2. Promotional Examinations. Promotions shall be on the basis of competitive examination and, wherever practical, shall be on the basis of ascertained merit.

   1. Classified Examinations shall be open only to City employees in the classified service.

   2. Departmental Examinations shall be open only to City employees in Classified Service positions within a specific classification in a designated department or division. This type of recruitment may only be used when all positions within that classification in the department or division are filled and the appointment will be made as a previously approved reclassification of an existing position.

3. Transfer Examinations shall be open only to City employees in classified service positions in the same classification; or, City employees who meet the qualification standards for the classification, and are in classified service positions in other classifications that have the same maximum rate of pay.

3.8: Examination Administration
The Director of Personnel shall be responsible for administering and scoring selection examinations.

1. Instructions. All necessary explanations as to procedure will be made to the whole group by the person in charge, or will be found printed on selection procedure papers or notices. Persons conducting selection procedures are forbidden to explain to the group, or to individuals, the meaning of any question, or to make remarks or suggestions that may assist in its solution.

2. Qualifying Scores. The Director of Personnel shall set the minimum qualifying scores for each phase of the selection examination process. Candidates failing to achieve the qualifying score in any phase shall be disqualified from further participation in the examination process.

3. Grading. All grading will be based on the responses provided or performance demonstrated by the candidate at each phase of the examination process. No examination paper, record or statement may be subject to alteration, addition or clarification by the candidate after the conclusion of the exam administration.

4. Ties. Two or more candidates with the same final score shall be given the same rank on the eligibility list. The rank following the tie shall then be left vacant. When entitled to certification, tied candidates names shall always be certified to the hiring authority.

5. Final Scores. The final score of a candidate shall be based upon the compilation of all examinations in the examination process according to the weights of each test established by the Director of Personnel.

6. Veterans Credit. In all entrance examinations for positions in the Classified Service, veterans who attain a passing grade shall be allowed an additional five (5%) percent of the maximum grade for such examination if the veteran seeks to enter the Classified Service of the City within five years immediately following honorable discharge from active military service. Veterans currently receiving compensation from the U.S. Veterans Administration for war-service-incurred disabilities shall be allowed ten (10%) percent of the maximum grade without regard to date of discharge.

   The term "veteran" means any citizen of the United States who has served on active duty in the armed forces of the United States in time of war or during periods of military hostilities officially designated as such by the Congress of the United States.

3.9: Inspection of Papers
Any applicant, after receiving official notice of his or her rating as ascertained by the selection procedure, may, in person or by duly authorized agent acting under written authorization, inspect his or her own examination papers within five (5) working days after notice to him or her of the results of the selection procedure.

3.10: Request for Review
Requests must be made in writing to the Director of Personnel within five (5) working days from the mailing of the examination results. Such request shall not be accepted by the Director of Personnel unless it specifically designates an obvious and substantial error.

Until such request is decided in the appellant's favor, his/her right to certification is to be determined by his/her original rating. Pending the rectification of such manifest error, however, the Director of Personnel may, at his or her discretion, temporarily delay certification, or suspend, or cancel any certification heretofore made. No hearing on such request will be granted to applicants. An applicant in the competitive selection procedure is to be evaluated according to the statements he or she makes on his/her examination papers and not according to what he or she may later claim he or she intended his or her statements to mean.

3.11: Change of Address
Applicants changing their notification residence after filing an application should notify the Director of Personnel of such changes in writing, immediately. Failure to do so will be treated as the fault of the applicant and may result in his or her failure to be notified of an examination, or his or her failure to be certified for appointment, or to receive any other notice or communication which the Director of Personnel may send him or her.

3.12: Contract for Performance of Examination Functions
The City Council, upon recommendation of the City Manager or Director of Personnel may contract with the governing body of any other city or county within this state, or with any state department or other public or private agency for the preparation and/or conducting of competitive examinations for positions in the City service.

3.13: Transfer of Eligibility
The Director of Human Resources may place applicants having at least six (6) months of current or recent, successful employment experience in a public or civil service agency on an open employment list for a comparable job classification at the City of Santa Cruz, as follows:

a. The applicant must complete a City of Santa Cruz employment application.

b. The applicant must meet the minimum qualifications for the City of Santa Cruz job classification.

1. The applicant must provide all additional documentation required for the position, i.e., Police Officer – Lateral applicants must submit a POST certificate and a DMV printout issued within 30 days of application.

c. The applicant must have been employed by another public agency in a non-temporary, comparable position within one year prior to the date of his/her application with the City of Santa Cruz.

d. The position held in the other public agency must be closely related and comparable to the City of Santa Cruz position in which employment is being sought. The Director of Human Resources reserves the right in determining the comparability of the two positions and his/her decision is final.

e. The applicant must provide, with his/her application, written documentation from the other public agency affirming:

1. The applicant’s job title, corresponding job description, and dates of employment.

2. That the employment record of the applicant has been entirely satisfactory.

f. Applicants placed on open eligibility lists in accordance with this transfer of eligibility rule will be placed in unranked positions and referred to hiring departments with the next group of certified names from that list for equal and competitive consideration in the final selection processes.

g. If selected, applicants must complete all regular City of Santa Cruz hiring processes and undergo the required pre-employment physical and fingerprint process as a conditional provision of their employment. Applicants are subject to all other employment requirements including, but not limited to, probationary periods, seniority rules, et al.

Sept.2007

4.1: Preparation
The Director of Personnel shall prepare and maintain eligible lists specified in Rule 4.3.

4.2: Effective Date
Eligible lists shall become effective on the date approved by the Director of Personnel.

4.3: Types of Lists
Persons may be appointed from the sources listed below:

1. Reinstatement. These lists consist of persons returning from lay-offs.

2. Transfer Lists. These lists consist of employees who are eligible to transfer to another City position.

3. Promotional Lists. These lists consist of City employees who have successfully competed in a promotional examination.

4. Open Lists. These lists consist of eligibles who have successfully competed in an examination open to any person.

4.4: Duration of Eligible Lists
The life of eligible lists shall be one (1) year from date established unless the list is extended or abolished by the Director of Personnel.

4.5: Removal of Name From Eligible List
Names of eligibles shall be removed from an eligible list by the Director of Personnel for any of the following reasons:

1. Any cause set forth in Rule 3.4.

2. Failure to accept appointment when certified.

3. Certification for appointment three (3) times, in the same classification each of which has resulted in the appointment of another eligible.

4. Waiver of certification three (3) times. (See rules 5.3)

5. Failure to respond to the appointing authority to whom certification was made within five (5) working days from the date of written notice of interview.

6. Inability of the postal authorities to deliver mail to the eligible within a reasonable length of time. Proof of mailing shall constitute a presumption of delivery and receipt of the certification notice.

7. Failure of background investigations (which may include polygraph examinations), if applicable.

8. In the case of promotional examinations, termination (by resignation or discharge) from City employment.

9. Appointment from the eligible list to a regular full-time status position.

10. Failure to pass the medical or psychological examination required prior to appointment.

11. Written request by the applicant.

4.6: Alternate Eligible Lists
If a vacancy exists in a class for which there is no eligible list, or there are less than three applicants available from the eligible list, the Human Resources Director may prepare an appropriate eligible list for the class from one or more existing eligible lists. For this purpose, the Human Resources Director shall select eligible lists for classes for which the minimum qualifications and examinations are similar to or higher than those required for the class in which the vacancy exists.

June 2002

5.1: Filling of Vacancies
All vacancies in the classified service, except as provided for in Rule 7, shall be filled from eligibles certified by the Director of Personnel to the appointing authority. The Director of Personnel shall make the final determination as to which list will be used to fill the vacancy in accordance with Rule 4.3.

5.2: Waiver of Certification
Eligibles may waive certification upon giving reasons satisfactory to the Director of Personnel. If the reasons assigned are not approved by the Director of Personnel, then the eligibles names shall be removed from the eligible list from which they were certified. Waivers must be filed in writing with the Human Resources Director. Eligibles may request waivers in accordance with the following provisions:

1. Waiver. Eligibles may waive certification upon giving written notification to the Director. Eligibles shall be entitled to three (3) waivers, each of which shall count as a certification; the accumulation of three waivers is cause for removal.

2. Certification Preference. Eligibles who make written request to be considered only for specified positions shall not be considered to have waived other positions.

3. If a single certification is made for more than one (1) position, any waivers or passovers shall be counted only once against an eligible.

4. Waivers, whether continuous or otherwise, shall not extend beyond the expiration date of the eligible list.

5.3: Selective Certification

1. If a vacancy exists within a classification, the appointing authority may request a selective certification of eligibles having the specialized qualifications required from the eligible list for that classification.

2. When selective certification is indicated, the Director of Personnel shall determine which eligibles, in order of ranking on the applicable list, have the required special qualifications.

3. The special qualification may be tested for as part of the examination for the classification. Applicants must be notified of their opportunity to be tested for the special qualification.

5.4: Accepting Other Employment
An employee who leaves a position to accept employment by certification from another eligible list, except from a promotional eligible list, shall be permanently separated from the position formerly held by him or her; provided, however, that any such employee, at the discretion of the Human Resources Director, within six months, upon request and with approval of the department or departments concerned, may be reinstated in any vacancy in the same division and class from which he or she was separated.

5.5: Medical Exam
Offers of employment are contingent upon the results of a job related pre-employment medical evaluation.

5.6: Class of Appointments
Employment status in the City shall be divided into the following categories:

1. Regular

   1. Full-time: appointment to an authorized position budgeted on a full-time, 40 hours-a-week basis (or a full-time schedule equivalent).

      Employees appointed on this basis shall be included in the classified service of City employment and shall receive all rights and benefits outlined in the personnel policy documents and appropriate memoranda of understanding.

   2. Part-time: appointment to an authorized position budgeted and regularly scheduled for 20 hours or more per week (or a half-time or more schedule equivalent), but for less than 40 hours per week (or a full-time schedule equivalent).

      Employees appointed on this basis shall be included in the classified service of the City and shall receive benefits in accordance with their appropriate Memorandum of Understanding.

   3. Limited Term: appointment to an authorized position budgeted for a period of thirty-nine (39) weeks or more, but less than fifty-two (52) weeks.

      Employees appointed on this basis shall be included in the classified service of other City and shall receive benefits in accordance with their appropriate Memorandum of Understanding.

2. Temporary

   Appointments are limited to 999 hours in a fiscal year. Employees appointed on this basis shall be included in the unclassified service of the City and shall receive no retirement, insurance or leave benefits.

3. Special

   Special appointments are those part-time or full-time positions budgeted under a special grant or funding source that are separate from the City's base budget. Continued employment is dependent, in addition to the limitations set forth in other sections of the personnel resolution (concerning performance standards), on the continuation of the special funding for the position.

   Employees appointed on this basis shall be included in the unclassified service of the City. Unless otherwise specified by the funding source of the position, benefits shall be paid on the following basis: special employees appointed for a period of twelve months or less shall receive the same benefits as temporary employees, while employees appointed for a period of more than twelve months shall receive the same benefits as regular employees.

4. Multiple Positions

   Individuals are permitted to be employed in more than one position simultaneously, provided the total schedule of hours does not exceed 40 per week and 999 hours per fiscal year.

5.7: Oaths
Each person appointed to a position must, before he or she commences his or her duties, take the oath set forth in Section 3 of Article XX of the Constitution of California. Refusal to such oath will invalidate any appointment and cause the person's name to be stricken from any eligible list.

5.8: Residency Requirements

1. Residency Requirement. Except as otherwise provided in the City Charter, the City shall not require that its employees be residents of the City; except that the appointing authority may require designated employees to reside within a reasonable and specific distance of their place of employment or other designated location when such requirements are, in the opinion of the appointing authority, necessary in order to meet response time, on-call responsibilities, or other job related requirements.

2. Review and Appeal of Residency Requirements. The findings and determination of the appointing authority that the residence of any permanent employee of the classified service of the City of Santa Cruz shall be restricted to a reasonable and specific distance of his/her place of employment or other designated location shall be conclusive, subject to the grievance procedure established pursuant in these rules.

3. Failure to Comply. Failure of an employee to comply with the rules as to residence provided in this Chapter shall require his or her discharge from the classified service of the City.

5.9 Alternate Hire Promotions

Unless otherwise specified in the applicable Memorandum of Understanding, if an employee is hired at the lower-level of an alternately staffed position, that employee may promote to the higher-level classification after successful completion of the probationary period and at such time as the employee meets the minimum qualifications of the higher-level classification, as determined by the Director of Human Resources.

Upon promotion from the lower-level classification to the higher-level classification in an alternately staffed position the employee's salary placement and probationary status shall be in accordance with applicable memorandum of understanding.

June 2002

6.1: Probation

1. Probationary Period. All original and promotional appointments in the classified service shall be subject to a probationary period of at least six months. Any time spent by an employee on unpaid status shall not be counted as qualifying service toward completion of the probationary period.

2. Objective of Probationary Period. The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards, and observing and evaluating the employee's performance.

3. Rejection of Probationary Employee. During the probationary period, an employee may be rejected at any time by the appointing authority without the right of appeal or hearing. Notification of rejection shall be served to the probationary employee in writing.

   Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which the promotion occurred; unless the rejection is due to discharge for cause in which case no reinstatement shall occur.

4. Extension of Probation. All efforts will be made to sufficiently evaluate the probationary employee during the assigned period. An extension of the probationary period may, however, be recommended by the appointing authority and approved by the Human Resources Director when cause exists. Such extensions shall be for a specific period of time not to exceed three (3) months.

6.2: Employees Subject to a Memorandum of Understanding

All employees subject to a memorandum of understanding shall serve a probationary period in accordance with the provisions of the agreement.

June 2002

7.1: Demotion
Upon request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position for which that employee does not possess the minimum qualifications. Disciplinary demotion action shall be in accordance with Rule 8.

7.2: Reappointment
Reappointment after termination shall be considered as new employment. Reappointments may only be made upon request and approval of the appointing authority if the individual has:

1. been terminated less than twelve (12) months; and

2. left City service in good standing and has the approval of the Director of Personnel.

Reappointments may be made to any classification in which the individual previously served that has the same or lower maximum rate of pay than the classification the individual left. Upon reappointment, the employee shall be subject to the probationary period prescribed for the class.

June 2002

8.1: Definition
Disciplinary action shall mean discharge, demotion, reduction in salary, suspension and/or written reprimand.

8.2: General
The City Manager, all appointing authorities, and management and supervisory employees may take disciplinary action against an employee under his or her control subject to this rule and the appropriate provisions of any Memorandum of Understanding.

8.3: Causes for Disciplinary Action
Disciplinary action may be taken against any employee for reasons which may include, but not be limited to:

1. Fraud in securing employment

2. Refusal to take or subscribe to any oath which is required by law in connection with employment.

3. Unauthorized soliciting on City property.

4. Misconduct or negligence which causes damage to the City or public property.

5. Inexcusable neglect of duty.

6. Refusal or failure to perform work assigned.

7. Disobedience of proper authority.

8. Violation of safety rules.

9. Tardiness.

10. Use of sick leave in a manner not authorized by City rules or labor agreements.

11. Unauthorized leave of absence.

12. Falsification of time cards or City records.

13. Theft, unauthorized use or misuse of City property.

14. Offensive treatment of the public or other employee.

15. Fighting.

16. Assault.

17. Consuming, possessing, or being under the influence of alcoholic beverages, non-prescription or unauthorized narcotics, or dangerous drugs during working hours and on City property or worksite.

18. Conviction, including pleas of guilty or nolo contendere, of a felony or misdemeanor if the conviction has a rational relationship to the employee's position.

19. Violation of any provision of the Personnel Rules and Regulations, Municipal Code, department rules and regulations, and administrative directives.

June 2002

9.1:Employees Subject to a Memorandum of Understanding
All employees covered by a memorandum of understanding shall be subject to the layoff policy and procedures contained in that agreement.

9.2:Other Classified Employees
All other classified employees shall be subject to the layoff policy and procedure provided in this section.

1. Lay-offs. The City reserves the right to reduce its workforce by laying off employees for reasons of economy or changes in departmental operations. When one or more employees assigned to the same classification within a department are to be laid off, the order of lay-off shall be as follows:

   1. Temporary

   2. Probationary

   3. Regular

   The order of lay-offs shall be governed by seniority in service from the date of hire in a classified position.

2. Notification. Employees to be laid off shall be given not less than fifteen (15) working days written notice prior to the reduction in force.

3. Reinstatement. Should the position from which an employee was laid off be re-established within 18 months,thereby increasing the workforce in that division, the employee shall be eligible for reinstatement. It shall be the employee's responsibility to notify the Human Resources Department of his/her current address. Every effort shall bemade to notify the affected individual of any reinstatement opportunity. Reinstatement shall be in the reverse order of lay-off.

June 2002

10.1: Leave of Absence Without Pay
Leave of absence without pay may be granted in cases of emergency or where such absence would not be contrary to the best interests of the City. Such leave so granted is not a right but an authorized privilege. Employees on authorized leave of absence without pay may not extend such leave without express approval of the City Manager. No vacation, sick leave, or any other paid benefit shall be accrued or used during such leave. The department head may grant up to 30 calendar days leave of absence depending upon the merit of the case. Any excess leave may only be granted upon approval of the City Manager and may not exceed a total of twelve months.

10.2: Military Leave of Absence
State law shall govern the granting of military leave of absence and rights, and requirements of employees returning from such leave.

10.3: Time Off to Vote
Time off with pay to vote at any general or primary election shall be granted as provided by California Elections Code.

10.4: Jury Duty
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty.

10.5: Family Leave
Family leave shall be granted in accordance with State and Federal law.

10.6: Sick Leave
Only regular employees shall be eligible to accrue and use sick leave in accordance with their appropriate memorandum of understanding.

10.7: Sick Leave Use
An employee who has been disabled for 60 consecutive days and who is otherwise eligible for both payment under the City's sponsored long term disability group insurance coverage and accrued sick leave benefits may at his or her option, choose either to receive the long term disability benefits or to utilize the remainder of his or her accrued sick leave benefits prior to applying for long term disability benefits. Sick leave shall not be granted to employees on unpaid leaves of absence.

When an employee finds it necessary to be absent for any reason, he or she shall cause the facts to be reported to the assigned department within one hour after regular starting time on the first working day of absence, and shall regularly report on his or her account in advance for each work day thereafter unless hospitalized or otherwise indisposed. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. Medical examination may be required by the City to substantiate sick leave claims.

10.8: Sick Leave Depletion Allowance

1. Upon depletion of sick leave or the beginning of the period to be covered by payments under the City sponsored long term disability insurance program, whichever comes first, the appointing authority may grant to the employee a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period, he or she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of the intent to return to work each thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated.

2. Notwithstanding the provisions of paragraph (a), the City Manager may authorize an advance of sick leave not yet earned, to an employee with severe disability resulting from illness or injury, equal to two-thirds (2/3) of the employee's current salary, for a period not exceeding sixty (60) calendar days, under the following conditions:

   1. The employee has completed more than one year, but less than five years, of continuous City service;

   2. The employee has exhausted all accrued sick leave, vacation, holiday time, and other kinds of paid leave of absence;

   3. The employee does not have a record of sick leave abuse;

   4. The employee established by medical evidence that the disability from illness or injury will be sufficiently lengthy as to warrant such credit;

   5. The employee establishes, by affidavit, that he or she has no personal financial resources or other source of funds sufficient for basic personal and family needs during the period of disability;

   6. The employee agrees to repay to the City the unearned sick leave advanced, upon return to work, by applying fifty percent (50%) of all future sick leave thereafter accrued, until the advance is repaid in full;

   7. The employee further agrees that if employment is terminated for cause, prior to full repayment, the employee will repay the balance due in cash or in accordance with such installment or deferred repayment plan as is approved by the City Manager.

10.9: Vacation Leave. 

Only regular employees shall be eligible to accrue and use vacation leave in accordance with their appropriate memorandum of understanding.

10.10: Maximum Rate of Vacation Accrual
Vacation accumulation may not exceed twice the annual rate of accrual unless prior written authorization for a specified amount is received from the Director of Personnel.

10.11: Use of Vacation
Employees shall not work for any other department of the City during vacation time.

10.12: Advance Vacation Pay
Upon approval and subject to applicable rules, employees may receive vacation pay in advance of vacation taken. However, advance pay may not exceed the vacation balance nor be more than the actual vacation taken.

10.13: Paid Holidays
Only regular employees shall be eligible for paid holidays in accordance with their appropriate memorandum of understanding.

10.14: Eligibility for Paid Holiday
Employees on Workers' Compensation leave or military leave shall not receive any additional compensation for holidays occurring during such leave.

10.15: Marital Status
It is the policy of the City of Santa Cruz not to discriminate in its employment and personnel actions with respect to its employees, prospective employees, and applicants on the basis of marital status. No employee, prospective employee, or applicant shall be improperly denied employment or benefits of employment on the basis of his or her marital status. This policy applies to the selection of persons for training programs leading to employment in addition to the above-designated persons.

1. Definition. Marital status is defined as an individual's state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state for the purpose of this anti-discrimination policy. Spouse is defined as a partner in marriage as defined in California Civil Code Section 4100.

2. City Rights. Notwithstanding the above provisions, the City retains the right:

   1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security, or morale.

   2. To refuse to place both parties to a relationship in the same department, division, or facility where such has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interes

10.16: Drug and Alcohol Prohibition
It is the intent of the City to eliminate the use and effect of alcohol and drugs in the workplace. To this end, all employees shall not be under the influence, consume, possess, or sell any alcohol or drugs while on City property, at any worksite, or while on duty or subject to being called to duty. Any violation of the rule is subject to disciplinary action pursuant to Rule 8.

10.17: Separation From Service

1. Discharge. An employee in the classified service may be discharged for cause at any time by the appointing power. Whenever it is the intention of the appointing power to discharge an employee in the classified service, the Director of Personnel shall be notified. Disciplinary discharge action shall be taken in accordance with Rule 8.

2. Resignation. An employee wishing to leave the City service in good standing shall give at least two weeks notice to the appointing authority.

10.18: Personnel Records
The Director of Personnel shall maintain a service or personnel record for each employee in the service of the city showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent by the Director of Personnel.

10.19: Change of Status. 

All actions involving all aspects of employment and change of status shall be reported promptly to the Human Resources Department by the appointing authority on the forms prescribed.

10.20: Contract for Performance of Administrative Functions
The City Council, upon recommendation of the City Manager or Director of Personnel, may contract with the governing body of any other city or county within this state, or with any state department or other public or private agency for the performance of any personnel administrative service.

10.21: Performance Evaluations
A system of compulsory, periodic, at least annual, performance evaluations shall be established by the Director of Personnel for all employees in the classified service.

June 2002

11.1: Appointing Authority
The term "Appointing Authority" shall mean the City Manager. The City Manager may delegate his or her power to appoint and remove employees for cause to any or all department heads and shall have sole authority to appoint department heads under his or her control.

11.2: Certification
The submission of names of eligibles from an appropriate list to an appointing authority by the Human Resources Director.

11.3: Class
All positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title, and for which similar qualifications may be required and a salary applied equitably.

11.4: Classification Plan

"Classification Plan" shall mean a list of titles of the classes of all regular, part-time, or temporary positions in the municipal services and a written specification defining each class. The class specifications shall include a summary statement of duties and responsibilities, report relationship, and minimum or desirable qualifications for appointment, and may include such other pertinent information as the Human Resources Director may deem desirable.

11.5: Classified Service
"Classified Service" shall include all positions in the City service not specifically included in the "Unclassified Service."

11.6: Compensation Plan(s)
The term "Compensation Plan" shall mean a plan adopted by resolution which includes all salary schedules by classification and any other form of compensation provided to employees either in the classified or unclassified City service and may be separated by unit.

11.7: Demotion
"Demotion" shall mean the movement of an employee from one class to another class having a lower maximum rate of pay. Demotions may be disciplinary or voluntary non-disciplinary actions.

11.8: Eligible
A person who has passed all components within the examination process and is entitled to certification for employment, subject to the provisions of the Personnel Rules.

11.9: Layoff
Separation of an employee from city service, without prejudice because of lack of work, lack of funds, reorganization, reduction in appropriation, abolition of position, or other reasons deemed appropriate by the City Council.

11.10: Meet and Confer
The term "Meet and Confer" shall have the same meaning as defined in State law.

11.11: Non-Pay Status
"Non-Pay Status" shall mean the period in which an employee is not at work and had been granted leave of absence without pay.

11.12: Pay Status
The term "Pay Status" shall mean the period in which an employee is at work, on vacation, sick leave, leave as the result of industrial injury, paid military leave, or any other approved leave of absence with pay.

11.13: Personnel Action Form
"Personnel Action Form" shall mean the form prescribed by the Human Resources Director which shall govern any and all personnel actions including but not limited to change of address, salary, termination, etc.

11.14: Promotion
The term "Promotion" shall mean the movement of an employee from one class to another class having a higher maximum rate of pay.

11.15: Salary Range
"Salary Range" means a series of salary steps having a minimum and maximum. Salary ranges are assigned to each classification in the classified service and are found in the Compensation Plan.

11.16: Suspension
The term "Suspension" shall mean the temporary removal of an employee from a pay status for disciplinary reasons.

11.17: Termination
"Termination" shall mean the separation of an employee from municipal service. Termination may be by death, discharge, layoff, resignation, retirement, work completion, or lack of work or funds.

11.18: Transfer
"Transfer" shall mean the movement of an employee from one position to another position in the same classification, or from one classification to another classification that has the same maximum rate of pay.

11.19: Y-Rate
A pay rate which exceeds the maximum step of the salary range of the employee’s classification for a period not to exceed eighteen (18) months.

June 2002

Section 1. Statement of Purpose

The City acknowledges that all employees of the City are to be free from interference, coercion and restraint in associating themselves together for their mutual benefit in connection with their public employment. They may designate representatives of their own choosing and collectively or individually they may exercise their right of petition to the City Council or to the board, officer or commission having jurisdiction of such matters concerning wages, hours or conditions of employment.

This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the City and employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, the City Charter and City ordinances, resolutions or rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer-employee relations. This Resolution is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City.

It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units that are not preempted by Federal or State law or the City Charter. However, nothing herein shall be construed to restrict any legal or inherent exclusive right to determine the mission of its constituent departments, commissions, and boards; to determine the procedures and standards of selection for employment and promotion; and to direct it employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to determine the content of job classifications; to hire, transfer and to promote or lay off employees for lack of work; to suspend, discipline and discharge employees for proper cause; to expend or to diminish services; to subcontract any work or operations; and to determine the methods, means and personnel by which government operations are to be conducted.

Unless otherwise provided by the City Charter or by ordinance, the political activities of City employees shall be governed by provisions of the State Law pertaining to political activities of employees of general law cities.

Section 2. Definitions

As used in this Resolution, the following terms shall have the meanings indicated:

• "Appropriate Unit" means a unit of employee classes or positions, established pursuant to Article II hereof.
• "City" means the City of Santa Cruz , and where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined.
• "Confidential Employee" means an employee, who, in the course of his or her duties, has access to confidential information relating to the City's administration or employer-employee relations.
• "Consult/Consultation in Good Faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counter proposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof.
• "Day" means calendar day unless expressly stated otherwise.
• "Employee Relations Officer" means the CIty Manager or his/her duly authorized representative.
• "Impasse" means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
• "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs.
• "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee; or, (2) a verified authorization petition or petitions recently signed and personally dated by an employee; or, (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within one hundred eighty (180) days prior to the filing of a petition.
• "Exclusively Recognized Employee Organization" means an employee organization which as been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.
• "Supervisory Employee" means any employee having authority, in the interest of the CIty, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or to responsibly direct them, or to adjust their grievances, or to effectively recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgement.

Section 3. Filing of Recognition Petition by Employee Organization.

An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation:

• Name and address of the employee organization.
• Names and titles of its officers.
• Names of employee organization representatives who are authorized to speak on behalf of the organization.
• A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City.
• A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.
• Certified copies of the employee organization's constitution and bylaws.
• A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
• A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, age, or physical disability.
• The job classification or position titles of employees in the unit which is claimed to be appropriate and the approximate number of employees therein.
• A statement that the employee organization has in its possession proof of employee support as defined in Article I Section 2 to extablish that at least 30% of employees within a given classification have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer.
• A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.

The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.

Section 4. City Response to Recognition Petition.

Upon receipt of the Petition, the Employee Relations Officer shall determine whether:

• There has been compliance with the requirements of the Recognition Petition, and
• The proposed representation unit is an appropriate unit in accordance with Sec. 8 of this Article II.

If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization in writing of the reasons for the negative determination. The petitioning employee organization may appeal such determination in accordance with Sec. 10 of this Resolution.

Section 5. Open Period for Filing Challenging Petition.

Within thirty (30) days of the date written notice was given to affected employees that a valid Recognition Petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all of the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent, in the same form and manner as set forth in Sec. 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 8 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date of receipt of noticeof such unit determination by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 10 of this Article II.

Section 6. Election Procedure.

The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this Resolution. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the State Conciliation Service. All employee organizations that who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed in regular status permanent positions within the designated appropriate unit who were employed during the last pay period which ended at least fifteen (15) days before the date of the election, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election.

Cost of conducting elections shall be borne in equal shares by the City and each employee organization appearing on the ballot.

Section 7. Procedure for Decertification of Exclusively Recognized Employee Organization.

A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer if at least twenty-four (24) months have elapsed from the most recent date of certification of the unit from which parties requesting decertification or modification would be removed. Such request may be filed during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of the then current Memorandum of Understanding. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:

• The name, address and telephone number of the petitioner and designated representative authorized to receive notices or requests for further information.
• The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as the representative of that unit.
• An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant material facts.
• Proof of employee support (as defined in Section 2) that at least a majority of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer.

An employee organization may, in satisfaction of the above Decertification Petition requirements, file a Petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least a majority that includes the allegation and information required under paragraph (c.) of this Section 7, and otherwise conforms to the requirements of Section 3 of this Article.

The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his determination is in the negative, the Employee Relations Officer shall offer to consult on the petition with the representative(s) of the petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return subject or the Petition to the employees of employee organization with a statement of the reasons for the negative determination. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 10 of this Article II. If the determination of the Employee Relations Officer is affirmative, or if his/her negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees.

The Employee Relations Officer shall then arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 6 of this Article II.

If pursuant to this Section 7, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term.

Section 8. Policy and Standards for Determination of Appropriate Units.

The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:

• Similarity of general kinds of work performed, types of qualifications required, and general working conditions.
• History of representation in the City and similar employment.
• Consistency with the organizational patterns of the City and effect of a proposed unit on the efficient operation of the City services and sound employment relations.
• Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units.
• Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single classification or related classifications among two or more units.

Notwithstanding the foregoing provisions of this Section, managerial and/or supervisory, and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units. Therefore, managerial supervisory employees should only be included in a unit consisting solely of managerial and supervisory employees.

The Employee Relations Officer shall, after notice to the affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section and appropriate Personnel Rules and Regulations.

Section 9. Procedure for Modification of Established Appropriate Units.

An employee organization may request the modification of an established representation unit by submitting to the Employee Relations Officer a petition accompanied by proof of employee approval of the proposed modification signed by not less than sixty percent (60%) of those employees who, if the proposed modification should be granted, would be moved from one representation unit to another.

Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the 30 day period commencing 120 days prior to the termination date of the then current Memoranda of Understanding.

All petitions for modified units shall be accompanied by a list of all classifications to be included in the modified unit, the number of employees in each classification, as well as the division and department to which they belong.

The Employee Relations Officer shall give notice of the request for modification of an established representation unit to the employees who would be affected by the proposed modification, to the employee organization which is then currently certified as the representative of the unit from which one or more positions will be transferred, and to any recognized employee organization that has filed a written request for such notice.

If an employee organization desires to challenge the appropriateness of the proposed modification it shall notify the Employee Relations Officer within 30 days of the filing of the petition it seeks to challenge. If a challenge is made or if the Employee Relations Officer determines the unit modification is not appropriate he/she shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 8 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 10 of this Article.

If a new unit is formed pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof.

Should the decision of the Employee Relations Officer have the result of moving some employees from one representation unit to another, such employees will continue to work at the rate of pay, and under the same terms and conditions of employment which they had in the unit for which they were transferred until such time as the memorandum of understanding concerning the unit from which they were transferred, which was in effect at the time of said transfer, shall expire.

Section 10. Appeals

Affected employees or an employee organization may file an appeal by requesting the intervention of the California State Conciliation Service, or another mutually agreed upon party, or may in lieu thereof or thereafter appeal to the City Council for a final decision. Appeals of any of the following actions shall be reviewed:

1. The decision of the Employee Relations Officer of an appropriate unit determination under this Article II, or

2. The decision of Employee Relations Officer that the following was not in compliance with the applicable provisions of the article.

   1. Recognition Petition (Section 3)
   2. Challenging Petition (Section 5)
   3. Decertification of Recognition Petition (Section 7)
   4. Determination regarding Decertification Petition (Section 7)
   5. Determination regarding Modification of Unit (Section 9)

Appeals to the City Council shall be filed in writing with the Employee Relations Officer within ten (10) days of receipt of notice of the Employee Relations office thereof. The City Council shall commence to consider the matter within thirty (30) days of the appeal filing date. The decision of the City Council shall be final and binding. Any cost associated with the appeals process shall be shared equally be the appellant and the City.

Section 11. Submission of Current Information by Recognized Employee Organizations.

All changes in City officer representatives by an Exclusively Recognized Employee Organization shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change.

Section 12. Payroll Deductions on Behalf of Employee Organizations.

Upon formal acknowledgement by the City of an Exclusively Recognized Employee Organization under this Resolution, only that Recognized Employee Organization may be provided payroll deductions of dues upon the written authorization of employees in the unit represented by the Exclusively Recognized Employee Organization on forms provided therefore by the City. The provision of such service to the Exclusively Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of Memoranda of Understanding and/or applicable administrative procedures.

Section 13. Employee Organization Activities -- Use of City Resources.

Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of City operations.

Recognized employee organizations may hold meetings of their members or representatives on City property during non-working hours provided space is available.

Section 14. Administrative Rules and Procedures.

The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution.

Section 15. Meet and Confer in Good Faith.

Pursuant to the "Meyers-Milias-Brown Act," designated representatives of the City and representatives of recognized employee organizations shall have the mutual obligation to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to freely exchange information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation.

Section 16. Initiation of Impasse Procedures.

If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be:

1. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and

2. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.

Section 17. Impasse Procedures.

Impasse procedures are as follows:

• If either party request to submit the dispute to mediation, a request shall be made to the State Mediation and Conciliation Service or an agreed upon alternate agency to provide mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position at any time concerning the issues.
• If the dispute is not resolved through mediation, either party may request to submit the impasse to advisory fact finding. The parties shall prepare a fact-finding agreement which shall state the issues to be submitted to fact finder.

If either party does not request mediation or fact finding, or the parties have failed to resolve the impasse through mediation or fact finding, the dispute shall be referred to the City Council which may take such action regarding the impasse as it, in its discretion deems appropriate and in the public interest. Any legislative action by the City Council on the impasse shall be final and binding.

Section 18. Costs of Impasse Procedures.

Any costs for the services of a mediator shall be borne equally by the City and Exclusively Recognized Employee Organization.

Section 19. Construction

This Resolution shall be administered and construed as follows:

• Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law (or City Charter provisions).
• This Resolution shall be interpreted so as to carry out its purposes as set forth in Article I.
• Employees' or employee organizations' rights to participate in, support, cooperate or encourage, directly or indirectly, any strike or action shall be governed by State law, court rulings or other applicable authority. In the event employees violate any of the above authorities, laws or rulings, they shall subject themselves to discipline up to and including termination, and employee organizations may thereby forfeit any rights accorded them under City law or contract.

Section 20. Severability

If any provision of this Resolution, or the application of such provision to any persons or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.