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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"
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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