City of Modesto PERSONNEL RULES GENERAL PROVISIONS

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1 City of Modesto PERSONNEL RULES RULE 1 GENERAL PROVISIONS 1.1 Authority These rules are adopted under the authority of Section 1202 of Article XII of the City Charter, which provides that The personnel system provided by this article shall be implemented by such rules and regulations governing the administration thereof as are adopted by the Council upon the recommendation of the City Manager. 1.2 Intent It is the intent of these rules to recognize the following principles: (a) The City Council and all citizens of the City of Modesto have the right to expect: that the City will employ the best qualified persons reasonably available with preference to citizens of Modesto, qualifications being equal; that the tenure of every city employee will be based on demonstrated need for the work performed, availability of funds, faithful effective performance, proper personal conduct, and continuing fitness for his position; that each employee will be encouraged, trained, and developed to assure optimum performance. (b) Each employee of the City of Modesto has the right to expect: that he/she will be fully informed as to his/her duties and responsibilities; that he/she will be provided with adequate administrative and supervisory direction; that he/she will be informed as to how well he/she is performing his/her duties and will be encouraged and helped to improve his/her level of performance; that promotions will be made on the basis of merit and ability; that progressively improved work performance over an extended period will be recognized and rewarded and that incompetence will not be tolerated; that he/she will not be subject to dismissal without justification. 1.3 Changes in Rules Suggestions for changes in these rules shall be submitted to the City Manager in writing. The City Manager shall transmit any suggested changes to the City Attorney who shall review them to determine conformance with the spirit and intent of the Charter, Modesto Municipal Code, and with these rules. The proposed changes shall be submitted to the City Council along with a recommendation from the City Manager concerning them. Adoption of changes in the rules shall be by Council resolution. 1.4 Fair Employment Personnel Policy (a) Employment and promotion by the City of Modesto shall be based on merit and fitness, free of personal and political considerations, in no way shall be affected or influenced by race, religion, color, national origin, ancestry, age, handicap, or sex WPPER671

2 (b) The California Fair Employment Practice Act shall govern all City employment and employment practices. 1.5 Acceptance of Rules In accepting employment with the City of Modesto, each employee agrees to be governed by and to comply with these personnel rules, administrative orders and procedures established by the City Manager pursuant thereto, and rules, regulations and directives of the department in which he/she is employed. 1.6 Violation Violation of the provisions of the City Charter, the Modesto Municipal Code, these personnel rules, or related personnel administrative orders shall be grounds for rejection, suspension, demotion, or dismissal. 1.7 Definitions The words and terms used in these rules shall have the meaning indicated as follows, unless the context clearly indicates otherwise: (a) Advancement. A salary increase within the limits of the salary range established for the class. (b) Allocation. The assignment of a position to its class. (c) Anniversary Date. The anniversary of the date an employee was appointed to his/her current position. (d) Applicant. A person who has made formal application for employment. (e) Appointment. The offer to a person and his/her acceptance of a position. (f) Board of Personnel Appeals. A three (3) member Board established by Section 1108 of the City Charter. (g) Appointing Authority. The Council, City Manager, or persons delegated authority to make appointments or remove persons from city service. (h) Candidate. An applicant whose application has passed initial screening, and who is admitted to examination. (i) Class or Classes of Positions. A group of positions having duties and responsibilities sufficiently similar that the same title, examples of duties, and requirements may be applied. (j) Classification Plan. The arrangement of positions into classes, with titles and specifications describing each class

3 (k) Classified Service. All positions in the city service EXCEPT: (1) all elected officers; (2) City Manager, Deputy City Manager (as revised July 6, 1965), City Attorney, City Clerk and Auditor, and all heads of departments; (3) all members of boards and commissions; (4) persons employed as unskilled laborers; (5) positions in any class or grade created for a special or temporary purpose for a period of not longer than 90 days in any one fiscal year; (6) persons employed to render professional, scientific, technical or expert services of any occasional or exceptional character; (7) part-time employees paid on an hourly or per diem basis. (l) Consult/Consultation in Good Faith. 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 and exchange of proposals and counterproposals in an endeavor to reach agreement. (m) Continuous Service. Employment by the City, uninterrupted from the date of appointment, except by authorized absence with pay. (n) Demotion. A downgrade of a regular employee from one class to another class with a lower salary range imposed as a disciplinary action or as a substitution for layoff. A reduction in salary within the same class shall not be considered a demotion. (o) Disciplinary Probation. A form of disciplinary action, as distinguished from the usual probationary period for new employees, for a specified time not to exceed one year. Employees placed on disciplinary probation may be dismissed for failure to meet any requirement imposed as a condition to such status. (p) Dismissal. The separation from employment of an employee by an appointing authority for cause. (q) Downgrade. A change in employment status of a regular employee from one class to another class with a lower salary range. (r) Eligible. A person whose name is on an appropriate eligible list and who is not ineligible for appointment for any reason. (s) Eligible List. A record of the names of persons who have qualified, through examination, for employment in a specific class. (t) Examination. A test or group of tests and evaluations used to determine eligibility and to rank candidates for employment in a class

4 (u) Lay-off. Termination of service because of lack of work, lack of funds, or in the interests of economy, without fault on the part of the employee involved. (v) Leave of Absence. Permission to be absent from duty without pay for a specified period and purpose, with the right to return before or at the expiration of the period. (w) Modesto Municipal Code. Chapter 5 of Title II of the Modesto Municipal Code plus any other provisions of the Modesto Municipal Code which deal with the City s personnel system. (x) Original Appointment. The first appointment of an employee to a position in the city service. (y) Position. A combination of duties regularly assigned to be performed by one person. (z) Probationary Period. A working test period during which an employee appointed from an eligible list is required to demonstrate his/her fitness for the class by actual performance of the duties of his/her position. (aa) Probationary Status. The status of an employee who has been appointed from an eligible list, but has not completed the prescribed probationary period. (ab Probationer. An employee who has probationary status. (ac) Promotion. A change in employment status of a regular employee from one class to another class with a higher salary range. (ad) Promotional Examination. An examination in which competition is limited to regular employees in the classified service. (ae) Promotional List. An eligible list resulting from a promotional examination. (af) Proof of Employee Support. Proof of Employee Support means (1) an authorization card recently signed and personally dated by each employee, or (2) an authorization petition or petitions recently signed and personally dated by each employee, or (3) employee deduction authorization, using the payroll register for the payroll period immediately prior to the date a petition is filed hereunder, that dues deduction authorizations for more than one employee for the account of any one employee shall not be considered as proof of employee support for any employee organization. The words recently signed shall mean within sixty (60) days prior to the filing of a petition or an authorization card. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The City Manager shall arrange - 4 -

5 for the City Clerk/Auditor to verify the information on authorization cards and petitions. (ag) Provisional Employee. An employee who is appointed without examination to a regular position in the classified service for which no eligible list exists. (ah) Recognized Employee Organization. Recognized Employee Organization means an employee organization which has been formally recognized by the City as the employee organization that represents the employees in an appropriate representation unit. (ai) Reduction. A salary decrease within the pay range for the class. (aj) Regular Employee. An employee who has satisfactorily completed his/her initial probationary period and has been retained in the classified service. (ak) Regular Position. A position in the classified service which requires, or is likely to require, the services of an employee for more than six months. (al) Release. Separation of an employee from the service during or at the close of the probationary period. (am) Reinstatement. The reappointment without examination of an employee who has resigned in good standing. (an) Resignation. position. (ao) Separation. The voluntary separation of an employee from his/her Any termination of employment. (ap) Status. The condition of an employee s present appointment, such as temporary, provisional, probationary, or regular. (aq) Suspension. An involuntary absence with pay, imposed for disciplinary purposes, or pending investigation of charges. (ar) Temporary Appointment. An appointment for a limited period. (as) Transfer. A change in employment status of a regular employee from one position to another within the same class, or a comparable class. Comparable means a class with similar duties and responsibilities, and the same or similar minimum qualification, and the same salary range. (at) Unclassified Service. The noncompetitive service. Positions in the unclassified service are those listed as exceptions in definition (j) above. (au) Vacancy or Vacant Position. Any unfilled position in the city service