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Home My WebLink About8660 - Personnel Policies for City Employees• • • RESOLUTION NO. 866n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE ESTABLISHED PERSONNEL POLICIES FOR ALL EMPLOYEES OF THE CITY RELATING TO DISCIPLINARY PROCEDURES WHEREAS, Section 2.28.020 of the Municipal Code provides that the City Council by Resolution shall establish personnel policies for all City employees upon recommendation of the City Manager; and WHEREAS, the City Council on October 28, 1975, adopted Resolution No. 8617, establishing personnel policies for all employees of the City; and WHEREAS, the City Manager has recommended a change in the Disciplinary Code in order to comply with a recent California Supreme Court decision; and WHEREAS, said changes are set forth in the attached pages marked Exhibit "A" and numbered pages 34, 35, 36 and 37 respectively; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby adopt the amendment to the Personnel Policies relating to the Disciplinary Code as set forth in Exhibit "A" attached hereto; BE IT FURTHER RESOLVED that the City Clerk is instructed to distribute copies of the new amending pages for replacement in the Personnel Policy Manual. ADOPTED this 22nd day of December , 1975. Ijayor ATTEST: Ci y Clerk CC D AS TN O' I . AL DDO /bc 11/26/75 CETY CLERK OF THE CITY CF is PO-T BEACH u 19'� DATE- ._------- ..................._..... ...-- ----...................... SECTION IX. DISCIPLINARY CODE 900. General The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to Meet such standards shall be grounds for appropriate disciplinary • action, which shall be commensurate with the seriousness of the offense and with due consideration to the employee's prior performance record. • The provisions of this Section shall constitute the City's Disciplinar.y,Code. In the event of a conflict between these provisions and civil service law when an employee has regular status in the Civil Service System, the civil service law shall prevail.. 901. Disciplinary Procedure The following procedure shall be followed when, in the judgment of the Department Director, an employee has committed an act or omission that justifies the disciplinary action indicated. The grounds for such disciplinary action shall be limited to incom- petency, inefficiency, dishonesty, misconduct, insubordination, or failure to observe departmental or City rules and regulations. Prior to any disciplinary action becoming effective, an employee shall be given notice of the proposed action, the reasons therefor, a copy of the charges and materials upon which the action is based, and the right to respond, either orally or in writing to the Department Director initially imposing the discipline. 901.1 If the reprimand is in writing the employee shall receive a copy thereof. The Department Director shall forward a copy to the City Manager's Office for retention in the employee's personnel file, and the employee shall be notified of such action. 901.2 Suspension Unless originally authorized or extended by written approval by the City Manager on written recommendation by the Department Director, the maximum period of suspension shall be twenty (20) working days; such maximum period for Fire Department personnel on 12 -hour shifts shall be 24 shifts. F 7— 34. Revised December 8, 1975 Exhibit "A" • • 901.2.1 Five Working Days or Less The Department Director shall transmit a personnel action form for the information of the City Manager, briefly describing the offense and the period of suspension. The Department Director shall when possible give a copy of such form to the employee before the form is transmitted to the City Manager. 901.2.2 In Excess of Five Working Days Prior to the effective date of the suspension when possible, the Department Director shall submit a personnel action form for approval by the City Manager, briefly describing the offense and the period of suspension. After such approval, a copy of the form shall be given to the employee. 901.3 Demotion or Dismissal The Department Director shall submit for approval by the City Manager a personnel action form briefly describing the offense. Upon such approval, the demotion or dismissal shall be effective and a copy of the personnel action form,shall be given to the employee. 902. Appeal Procedure The appeal procedure described herein shall not apply if the employee is rejected, reprimanded, or suspended during his probation period in the position he occupies at the time of such action. Such procedure also shall not be applicable if the disciplinary action is taken in connection with the employee's service on a temporary appointment or acting appointment basis. This subsection shall not apply to employees in the Civil Service System. 902.1 Employee's Answer Within ten (10) calendar days after the effective date of the disciplinary action, the employee shall be entitled to submit to the City Manager, through his Department Director, a written request for review of the action. taken. Such request will include copies of all materials pertaining to the disciplin- ary action. The City Manager shall then review the matter with the employee and the Department Director and uphold, modify, or revoke the action taken. F -7 35. Revised December 8, 1975 902.2 Civil Service Board Review Except for reprimands, after the City Manger has reviewed the case the employee may within twenty (20) calendar days submit to the Civil Service Board a written statement requesting the Board to review the matter. Pursuant to Section 711 of the City Charter, the Board shall then conduct an investigation, hold a hearing, and submit its findings and recommendations • to the City Manager. After considering such findings and recommendations, the City Manager shall uphold, modify, or revoke the action taken and his decision thereon shall be final. • SECTION X. MISCELLANEOUS PROVISIONS 1000. Civil Service Board The responsibilities and authority granted the Civil Service Board by the City Charter or the Municipal Code shall not be diminished by any provision of this Resolution. When incon- sistencies exist between rules established in this Resolution and those powers granted to the Civil Service Board, the Civil Service Board shall have precedence. 1001. Memoranda of Understanding In any case in which any provision of this Resolution is incon- sistent with a provision embodied in any memorandum of under- standing between a recognized employee organization and the City, approved by the Council, and executed, the provision contained in such memorandum of understanding shall supersede the provision contained in this Resolution. 1002. Avoidance of Inequities The City Manager may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any of the provisions of this Resolution. 1003• Administrative Regulations The City Manager is authorized to personnel regulations to augment Resolution. SECTION XI. SEVERABILITY issue written administrative or clarify the provisions of this If any section, subsection, sentence, clause, phrase or portion of this Resolution, or any additions or amendments thereto, or the appli- cation thereof to any person, is for any reason held to be invalid -'I 36. Revised December 8, 1975 or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, clause, phrase or portion, and any additions and amendments thereto, irrespective of the fact that any one or more sections, subsec- tions, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. • SECTION XII. REPEAL • Resolution No. 7925 and any amendments thereto are hereby repealed. Revised December 8, 1975