A. Resignation
1. Voluntary resignation: An employee wishing to resign from the classified service in good standing, shall file with the department director, at least two (2) weeks in advance of the effective date, a written resignation stating the effective date of the resignation.
2. Abandonment of position: An employee shall be deemed to have abandoned his or her position if that employee has three (3) consecutive working days/shifts of unauthorized absence. This situation shall be deemed a resignation, and the required written resignation of the employee shall be waived.
a. An employee separated from City service in this manner may apply to the Personnel Director for reinstatement. Reinstatement shall be considered when it is in the best interests of the City, and determined on a case by case basis. Recommendations for reinstatement shall be made by the Personnel Director, with the concurrence of the department director, subject to approval by the City Manager. Denial of reinstatement may be appealed to the Personnel Board in accordance with Article VIII.F of these Personnel Policies and Procedures.
b. If an employee is reinstated, determination regarding a break in service shall be made after consideration of all factors.
B. Termination
1. Classified Employees: A department director may, for cause, recommend the termination of a classified employee by placing the employee on suspension without pay for a period of ten (10) days pending a request by the employee for an appeal hearing to the Personnel Board. A request for a hearing shall be in writing and filed with the Personnel Director. If no appeal is received, the employee shall be terminated at the completion of the suspension. The recommendation for termination is subject to review and subsequent recommendation by the Personnel Director to the City Manager who shall make the final determination matter.
A classified employee who has been recommended for termination shall be entitled to receive a written statement of reasons for the action. Termination of classified employees shall be in accordance with the standards of the Merit System.
If the recommended termination is appealed, it shall be processed in a timely manner pursuant to Article VIII of these Personnel Policies and Procedures.
2. Unclassified Employees: The appointing authority may, with or without cause, terminate an unclassified employee in accordance with the provisions of Article 3.3(1) of the Charter.
Since employees in the unclassified service may be terminated with or without cause, the following severance plan is provided for unclassified employees that are terminated involuntarily:
a. Transition compensation will be provided to unclassified employees being involuntarily terminated who meet the following eligibility requirements:
(1) Have successfully completed an employment period of one year;
(2) Are presently a regular full-time employee in the unclassified service;
(3) Being terminated at the initiative of the appointing authority for reasons other than gross misconduct.
b. Transition compensation will be provided based on the length of service of the employee being terminated, in accordance with the following ranges. The number of weeks of compensation within the ranges will be determined by the appointing authority:
| Length of Service |
Amount (Base Salary) |
1 to 3 years
3 to 5 years
5 to 10 years
10 years and over |
4 weeks
6 - 8 weeks
12 - 16 weeks
20 - 26 weeks |
c. Transition compensation will be included on a separate check in a lump sum, less applicable deductions.
d. Transition compensation will not be considered as time worked and will have no effect on the date of termination or the date employee benefit coverage ceases.
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C. Layoff
1. When: Layoff shall occur when it becomes necessary for the City Manager to effect immediate reductions in the size of the City work force due to projected shortage of funds or as may otherwise be provided for in these Personnel Policies and Procedures.
2. Procedure:
a. Freeze - Immediately following a decision which may involve the potential layoff of regular status employees, the City Manager shall freeze all current City vacancies in similar and related classifications to those likely targeted for layoff. Every effort shall be made to place affected employees into vacant positions for which they are qualified.
b. Notification - Employees shall be notified individually, in writing by the Personnel Department, of pending layoff as soon as possible, and no later than ten (10) working days prior to the last day of work. If advance notification is not possible, the employee shall receive a minimum of ten (10) working days pay upon separation from employment.
c. Recall - An employee in a position identified for layoff may elect to resign in-lieu of layoff. Employees not wishing to resign will be placed on a recall list. Recall shall be in reverse order of layoff subject to the needs of the service and employee qualifications. An employee who has been recalled shall be reinstated with full service credit accrued up to the time of layoff. Opportunity for recall shall expire six (6) months from the effective date of lay-off.
D. Reduction in Force
A reduction in the City work force may be necessitated by a material change in duties and the organization. An employee effected by a reduction shall be notified individually in writing by the Personnel Director of the pending reduction in force as soon as possible, and no later than thirty (30) working days prior to the effective date of the reduction in force action. If advance notification is not possible, each employee shall be entitled to pay equal to the number of days notice not given, but in no case shall pay exceed an amount equal to ten (10) working days.
Consideration of the reduction is by position only, and shall not be considered an action upon the individual, nor shall the City Council consider any reduction of persons as p rohibited by Charter Section 2.15.
An employee who separates from the service due to a reduction in force may be eligible for transfer or re-hire to a vacant position for which they are qualified. An employee who is interested in a transfer or demotion to a vacant position or re-hire shall notify the Personnel Department in writing prior to separation. In order to maintain continuous service credit with the City, the employee must be placed in a position within six (6) months of the reduction action. An employee separated from service due to a reduction in force who is placed in the service after six (6) months, shall be treated as a new hire.
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E. Retirement
An employee vested in the LAGERS pension plan may elect to retire at age sixty(60), or age fifty-five(55) for members of the Fire and Police service. Early retirement is available through the LAGERS plan.
F. Separation Due to Disqualification
1. General Provisions: An employee shall be separated without fault, hereinafter called a disqualification, if a legal, physical, mental or emotional impairment or incapacity, occurring or discovered after appointment, prevents satisfactory performance of the essential duties and responsibilities of the position. In lieu of separation, the employee may transfer or demote to a vacancy for which the employee is qualified, with the consent of the department director under whom such vacancy is located. The transfer or demotion may be made despite the existence of a current eligibility list. The employee may also be placed on the eligibility list for classes at or below his or her current position, if the employee meet(s) the minimum qualification.
a. Grounds for Disqualification - an employee may be deemed to be disqualified if any of the following conditions occur:
(1) Physical or mental incapacity: When an employee becomes unable to perform the essential functions of the position because of mental or physical incapacity;
(2) Inadequate knowledge, skills and abilities: When an employee cannot perform the essential functions of the position because of inadequate knowledge, skills, or abilities;
(3) Inability to supervise: When an employee in a supervisory position is unable to plan, organize, and direct the work of subordinates;
(4) Inability to work independently: When an employee in a position requiring initi not to exceed twelve (12) consecutive months. Pay may not be reduced below the minimum of the range.
f. Demotion - A department director may, for cause, and with the approval of the City Manager, demote an employee to a lower classification. Future restoration of the employee to the original position will follow normal promotional procedures, except that the demoted employee must spend a minimum of twelve (12) consecutive months in the lower classification before competing for promotion back to the original classification.
g. Termination - See Section B of this Article.
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I. Conflict of Interest
Employees shall not engage in any business or transaction or have a financial or other private interest which is in conflict with their official duties. These paragraphs, as set forth are over and above Section 5.3 of the Charter. An employee engaged in outside employment must advise the department director of his or her outside employment by completing the appropriate form. A copy of this form shall be filed with the Personnel Department. If it is discovered that the outside employment conflicts with the employee's City duties, the problem will be reviewed by the department director and the Personnel Director and a recommendation will be made to the City Manager. A conflict could result in the employee's dismissal from City service.
1. No employee shall appear on behalf of private interests before any officer, department or agency of the City.
2. No employee shall disclose confidential information concerning the property, government, or affairs of the City. No employee shall use such information for financial benefit or other private use which creates a conflict with his/her official duties nor carry on the practices which could be perceived to reflect discredit on the City.
3. No employee shall engage in or accept private employment or render services for private concerns when the employment or service is incompatible with his or her official duties.
4. No employee shall invest or hold any investment directly with any business, commercial or private, which creates a conflict with official duties.
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