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Resolution Number 63-8-19-1275 RESOLUTION NO. 63_8-19-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN JUAN CAPISTRANO WHEREAS, the City Council is authorized and directed under the provisions of Ordinance No. 70 to adopt rules and regulations for the administration of the personnel system created in said ordinance; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby adopt the following rules: RULE 1. PURPOSE AND DEFINITIONS RULE lA - PURPOSE The objectives of these rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal government. These rules set forth in detail are those procedures which insure similar treat- ment for those who compete for original employment and promotion, and define the obligation, rights, privileges, benefits and promotions which are placed upon all employees in the Competitive Service of the city. At the same time, within the limits of administrative, feasibility, recognition shall be given to the fact that individuals differ, that no two individuals react alike to reward and discipline or to uniform motivation and encouragement. For this reason, considerable latitude shall be given to the Personnel Officer in the execution of his duties and responsibilities relating to employee morale and discipline. RULE 1B - DEFINITION OF TERMS The following terms, whenever used in these rules, shall be construed as follows: SECTION 1. "Advancement": A salary increase of one or more steps within the limits of the pay range established for a class. SECTION 2. "Allocation": The assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised. SECTION 3. "Appointing Power": The officers of the city who, in their indivi- dual capacities, or as a board, commission, or city council, jave the final authority to make the appointment to the position to be filled. SECTION 4. "Board": The Personnel Board established in pursuance of the ordinance creating a personnel system for the city. SECTION 5. "Class": All positions sufficiently similar in duties, authority, responsibility, and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion and salary. Z7 6 SECTION 6. "Competitive service„: The positions and employments which are included or which may hereafter be included under the personnel system by ordinance. SECTION 7. "Demotion": The movement of an employee from one class to another class having a lower maximum rate of pay. SECTION 8. "Eligible": A person whose name is on an employment list. SECTION 9. "Employment list": A list of names of persons who have taken an examination for a class in the competitive service and passed, and are ranked on the list in the order of the score received. SECTION 10. "Examination": (a) Assembled examination: An examination conducted at a specific time and place at which applicants are required to appear for competitive examination under the supervision of an examiner. (b) Unassembled examination: An examination consisting of an appraisal of training, experience, work history, or any other means for evaluating other relative qualifications of applicants without the necessity for their personal appearance at a specified place. SECTION 11: "Permanent employee": An employee who has successfully completed his probationary period and has been retained as hereafter provided in these rules. SECTION 12: "Personnel ordinance": Ordinance No. 70 which creates a personnel system for the city. SECTION 13: "Probationary period": A working test period during which an employee is required to demonstrate his fitness for the duties to which he is appoint- ed by actual performance of the duties of the position. SECTION 14. "Promotion": The movement of an employee from one position to another which is allocated to a class with a higher maximum rate of pay. SECTION 15. "Promotional list": An employment list resulting from a pro- motional examination. SECTION 16. "Promotional examination": An examination for a particular class, admission to the examination being limited to regular employees in the competitive service. SECTION 17. "Provisional appointment": An appointment acquired by a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles. SECTION 18. "Reduction": A salary decreas)e within the limits of the pay range for a class. SECTION 19. "Reinstatement": The re-employment without examination of a former permanent employee within two years following his resignation from the City Service. Such action must have the approval of the department head and the Personnel Officer. 277 SECTION 20. "Suspension": The temporary separation from the service of an employee without pay, for disciplinary purposes. SECTION 21. "Temporary appointment": An appointment of a person to a position of limited duration. SECTION 22. "Transfer": A change of an employee from one position to another position in the same class or another class having essentially the same maximum salary limits, involving the performance of similar duties and requiring substant- ially the same basic qualifications. RULE II. GENERAL PROVISIONS SECTION 1. Disclosure of religious or political affiliations: No question in any test, in any application form, or in any other personnel form, or in any other personnel proceedings, or by any appointing authority, shall be so framed as to attempt to elicit information concerning political or religious opinions or affil- iations of an applicant or employee. No appointment to or removal from a position in the competitive service shall be affected or influenced in any manner by any political or religious opinion or affiliation. SECTION 2. Violation of rules: Violation of the provisions of these rules shall be grounds for dismissal, rejection or suspension. SECTION 3. Amendment and revision of rules: Recommendations for amendments and revisions of these rules may be made by the Personnel Officer. Prior to consider- ation, any amendment or revision shall be publicly posted at such places as the City Council shall prescribe, for at least five consecutive days together with notice of the time, place and date of hearings by the City Council. At the time of consider- ation, any interested person may appear and be heard. Amendments and revisions shall become effective upon adoption by the City Council following such hearing. RULE III. PERSONNEL BOARD SECTION 1. Meetings: The Personnel Board may hold regular meetings at such time and place within the city as shall be designated by the Chairman of the Board. Any regular meeting may be adjourned to a time certain and to a place designated by the Chairman. In addition, the Board may hold special meetings upon the call of the Chairman or any three members of the Board. Three members of the Board shall con- stitute a quorum for the transaction of business. SECTION 2. Public Hearings: Hearings conducted by the Personnel Board shall be public, unless the Board shall determine that a private hearing is necessary to secure all the facts in the case. Whenever such a finding is made, the Board may limit attendance at the hearing to the members of the Board, the Personnel Officer, the employee requesting the hearing, the officer or officers from whose action the appeal was taken, and such witnesses and other persons as the Board may require to 278 be present. The hearing need not be conducted according to technical rules relat- ing to evidence and witnesses. RULE IV. CLASSIFICATION SECTION 1. Preparation of plan: The Personnel Officer, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the competitive service and, after consultation with appointing authorities and heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the competitive service, defined by class specification, including title, a descrip- tion of typical duties and responsibilities of positions in each class, a statement of the training, experience and other qualifications to be required of applicants for positions in each class. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsi- bilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class. SECTION 2. Adoption of plan: Before the classification plan or any part thereof shall become effective, it shall first be approved in whole or in part by the City Council which shall arrange for the holding of one or more public hearings thereon. Notices of such hearings shall be posted in the manner prescribed by the City Council, and the Council may upon the conclusion of said hearing make such changes or modifications of the plan as it shall deem warranted. Upon adoption by the Council, by resolution, the provisions of the classification plan shall be observed in the handling of all personnel actions and activities. The classificat- ion plan shall be amended or revised as occasion requires in the same manner as originally established. SECTION 3. Allocation of positions: Following the adoption of the classi- fication plan, the Personnel Officer shall allocate every position in the competi- tive service to one of the classes established by the plan. SECTION 4. New positions: When a new position is created, before the same may be filled, the appointing authority shall notify the Personnel Officer, and except as otherwise provided by ordinance or these rules, no person shall be appoint- ed or employed to fill any such position until the classification plan shall have been amended to provide therefor and an appropriate employment list has been establi- shed for such position. SECTION 5. Reclassification: Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Person- nel Officer to a more appropriate class, whether new or already created, in the same manner as originally classified and allocated. Reclassification shall not 279 be used for the purpose of avoiding restrictions surrounding demotions and promo- tions. SECTION 6. Amending the Classification Plan: The City Council may create new classes, and revise or abolish existing classes. RULE V. COMPENSATION SECTION 1. Preparation of plan: The Personnel Officer or the person or agency employed for that purpose, shall prepare a pay plan covering all classes of positions in the competitive service, showing the minimum and maximum rates of pay. In arriving at such salary ranges, consideration shall be given to prevailing rates of pay for comparable work in other public and in private employment, including consideration of conditions of work as well as basic pay; to current costs of living; to suggestions of department heads; and to the city's financial condition and poli- cies. The Personnel Officer or the person or agency employed for that purpose shall thereafter make such further studies of the compensatinn plan as may be requested by the City Council. SECTION 2. Adoption of plan: The Personnel Officer shall submit the proposed pay plan to the City Council. The Council shall adopt or amend and adopt the pro- posed plan. Thereafter, no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position unless the salary schedule for the class is amended in the same manner as herein provided for its adoption. RULE VI. APPLICATIONS AND APPLICANTS SECTION 1. Announcement: All examinations for classes in the competitive service shall be published by posting announcements in the City Hall, on official bulletin boards, and in such other places as the Personnel Board deems advisable, including at least one newspaper of general circulation in the city. The announce- ments shall specify the title and pay range of the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the performance of the work of the class; the dates, time, place and manner of making applications; and other pertinent information. SECTION 2. Application forms: Applications shall be made on forms provided by the Personnel Officer. Such forms shall require information covering training, experience, and other pertinent information, and may include certificates of one or more examining physicians, a photograph, references and fingerprinting. All applications must be signed by the person applying. SECTION 3. Disqualification: The Personnel Officer shall reject any appli- cation which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications also shall be rejected if the applicant is not a citizen of the United States, is physically unfit for the performance of duties of the position to which he seeks appointment, is addicted to the habitual excessive use of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has made any false statement of any material fact, or practiced, or attempted to practice, any deception or fraud on his appli- cation. Whenever an application is rejected, notice of such rejection with state- ment of reason shall be mailed to the applicant by the Personnel Officer. Defective applications may be returned to the applicant with notice to amend the same, pro- viding the time limit for receiving applications has not expired. RULE VII. EXAMINATIONS SECTION 1. Nature and types of examinations: The selection techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subjects which in the opinion of the Personnel Officer fairly measure the relative capacities of the person examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of such recognized personnel selection techniques as achievement tests, aptitude tests, evaluation of personality and background through personal interviews, performance tests, evaluation of daily work performance, work samples, or physical agility tests or any combination of them. SECTION 2. Promotional examinations: Promotional examinations may be con- ducted whenever, in the opinion of the Personnel Officer, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section 1 of this rule, or any combination of them. Only permanent employees who meet the requirements set forth in the promotional examination announce- ments may compete in promotional examinations. SECTION 3. Conduct of examinations: The Personnel Officer shall recommend to the Personnel Board the manner and method and by whom examinations shall be pre- pared and administered. The City Council, upon recommendation of the Personnel Board may contract with any competent agency or individual for the performance by such agency or individual of the responsibility for preparing and administering examinations. In the absence of such a contract, the Personnel Officer, or the City Clerk shall arrange for the use of public buildings and equipment for the conduct of examinations and shall render such assistance as shall be required with respect thereto. SECTION 4. Scoring examinations and qualifying scores: A candidate's score in a given examination shall be the average of his score on each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination may be grounds for declaring such applicants as failing 281 in the entire examination or as disqualified for subsequent parts of an examination. The Personnel Officer may, at his discretion, include as a part of the examin- ation tests which are qualifying only. SECTION 5. Notification of examination results and review of papers: Each candidate in an examination shall be given written notice of the results thereof, and if successful, of his final earned score and rank on the employement list. Any candidate shall have the right to inspect his own examination papers with- in thirty days after the notices of examination results were mailed. Any error in computation, if called to the attention of the Personnel Officer within this period, shall be corrected. Such corrections shall not, however, invalidate appointments previously made. RULE VIII. EMPLOYMENT LISTS SECTION 1. Employment lists: As soon as possible after the completion of an examination, the Personnel Officer shall prepare and keep available an employ- ment list consisting of the names of candidates who qualified in the examination, arranged in order of final scores, from the highest to the lowest, qualifying score. The employment list shall then be submitted to the Board. SECTION 2. Duration of employment lists: Employment lists shall become effective upon the approval thereof by the Board, and upon its certification that the list was legally prepared and represents the relative ratings of the persons whose names appear on it. Employment lists shall remain in effect for one year, unless sooner exhausted, and may be extended, prior to their expiration dates, by action of the Personnel Board for additional six-month periods, but in no event shall an employment list remain in effect for more than two years. SECTION 3. Re-employment lists: The names of probationary and permanent employees who have been laid off shall be placed on appropriate re-employment lists in the order of their competency, from highest to lowest. Such names shall remain thereon for a period of two years unless such persons are sooner re-employed. When a re-employment list is to be used to fill vacancies, the Personnel Board shall certify from the top of such list the number of names equal to the number of vacancies to be filled, and the appointing power shall appoint such persons to fill the vacancies. SECTION 4. Removal of names from lists: The name of any person appearing on an employment, re-employment or promotional list shall be removed by the Personnel Officer if the eligible requests in writing that his name be removed, if he fails to respond to a notice of certification mailed to his last known address, or if he has been certified for appointment three times and has not been appointed. The person affected shall be notified of the removal of his name by a notice mailed 282 to his last known address. The names of persons on promotional employment lists who resign from the service shall automatically be dropped from such lists. RULE IX. METHOD OF FILLING VACANCIES SECTION 1. Types of appointment: All vacancies in the competitive service shall be filled by re-employment, reinstatement, transfer, demotion, or from eligibles certified by the Personnel Board from an appropriate employment or pro- motional kist, if available. In the absence of persons eligible for appointment in these ways, provisional appointments may be permitted in accordance with the personnel ordinance and these rules. SECTION 2. Notice to Personnel Officer: Whenever a vacancy in the competi- tive service is to be filled, the appointing power shall notify the Personnel Officer. The Personnel Officer shall advise the appointing power as to the avail- ability of employees for re-employment, reinstatement, requests for transfers, or demotion and of eligibles on employment or promotional lists for the class. SECTION 3. Certification of eligibles: The appointing power shall indicate whether it is desired to fill the vacancy by re-employment, reinstatement, transfer, or demotion, or whether certification from a promotional or employment list is preferred. If appointment is to be made from an employment or promotional list, the names of the persons willing to accept appointment shall be certified. SECTION 4. Order of certification: Whenever certification is to be made, the employment lists, if each exists, shall be used in the following order: re- employment list, promotional list, open -competitive list. Whenever there are fewer than three names on a promotional list or an open -competitive list, the appointing authority may make an appointment from among such eligibles or may request the Personnel Board to establish a new list. When so requested, the Personnel Board shall hold a new examination and establish a new employment list. SECTION 5. Appointment: After interview and investigation, the appointing power shall make appointments from among those certified, and shall immediately notify the Personnel Officer of the person or persons appointed. The Personnel Officer shall thereupon notify the person appointed, and if the applicant accepts the appointment and presents himself for duty within such period of time as the appointing authority shall prescribe, he shall be deemed to be appointed; otherwise, he shall be deemed to have declined the appointment. SECTION 6. Provisional appointments: In the absence of appropriate employ- ment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by provisional appointment. The Council may, by a four-fifths vote, extend the period for any provisional appointment for not more than thirty days by any one action. When a position is to be filled by provisional appointment, or a provisional appointment is to be extended, the Council shall direct the City Clerk to record such action in the minutes of the meeting of the Council. No special credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists, for service rendered under a temporary appointment. SECTION 7. Emercency appointments: To meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake, which threa- tens public life of property, any legally competent officer or employee may employ such persons as may be needed for the duration of the emergency without regard to the personnel ordinance rules affecting appointments. As soon as possible, such appointments shall be reported to the Personnel Officer. RULE X. PROBATIONARY PERIOD SECTION 1. Regular appointment following probationary period: All original and promotional appointments shall be tentative and subject to a probationary per- iod of not less than six months. The City Council may, by resolution, establish a longer probationary period for specified classes. The Personnel Officer shall notify the appointing authority and the probationer concerned two weeks prior to the termi- nation of any probationary period. If the service of the probatinnary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Personnel Officer a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory and his employment terminated at the expiration of the probationary period. SECTION 2. Objective of probationary period: The probationary period shall be regarded as part of the testing process and shall be utilized for closely observ- ing the employee's work, for securing the most effective adjustment of a new employee to his position, and for rejecting any probationary employee whose per- formance does not meet the required standards of work. SECTION 3. Rejection of probationer: During the probationary period an employee may be rejected at any time by the appointing power without cause and without the right of appeal. Notification of rejection in writing shall be served on the probationer and a copy filed with the Personnel Officer. SECTION 4. Rejection following promotion: Any employee rejected during the probationary period following a promotional appointment, or at the conclusion of the probationary period by reason of failure of the appointing power to file a statement that his services have been satisfactory, shall be reinstated to the "84 position from which he was promoted unless charges are filed and he is discharged in the manner provided in the personnel ordinance and these rules for positions in the competitive service. RULE XI. ATTENDANCE AND LEAVES SECTION 1. Annual vacation leave: The purpose of annual vacation leave is to enable each eligible employee annually to return to his work mentally refreshed. All employees in the Competitive Service shall be entitled to annual vacation leave with pay except the following: (a) employees still serving their original probationary period in the service of the city. However, vacation credits for the time may be granted to each such employee who later receives a permanent employment. (b) employees who work on an intermittent or seasonal basis, and all employees who work less than half-time. All eligible employees shall earn vacation credits at the rate of 14 working days per month, provided that all eligible employees who work less than full time shall earn vacation credits on a pro -rated basis. Each eligible employee shall be required to have served equivalent of one year of continuous service in the city in order to be eligible for his full annual vacation leave; provided, however, that after six months of continuous service he may be permitted to take vacation leave not to exceed 5 working days. The times during a calendar year at which an employee may take his vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. If the requirements of the service are such that an employee must defer part of his annual vacation in a particular calendar year, the appointing authority may permit the employee to take such deferred vacation during the following calendar year. No employee may accumulate more than 30 calendar days of vacation leave. Any eligible employee, with the consent of the head of his department, may defer one (1) calendar week of his annual vacation to the succeeding calendar year, subject to the other provisions of this rule. A written report of each deferred vacation, signed by the proper department head, noting the details, shall be kept on file with the Personnel Officer. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. No such payment shall be made for vacation accumulated contrary to the provisions of these rules. SECTION 2. Sick leave: Sich leave with pay shall be granted by the appoi.nt- ing authority at the rate of one work day for each calendar month of service. Sick leave shall not be considered as a privilege which an employee may use at his dis- cretion, but shall be allowed only in case of necessity and actual sickness or dis- ability. Unused sick leave shall be accumulated at the rate of twelve days a year to a total of not more than 100 work days. In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the Personnel Officer prior to, or within four hours after the time set for beginning his daily duties, or as may be specified by the head of his department. When absence is for more than three work days, the employee shall file a physician's certificate or a personal affidavit with the Personnel Officers, stating the cause of the absence. SECTION 3. Military leave: Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. SECTION 4. Leave of absence: The City Council may grant a permanent employee leave of absence with or without pay for not to exceed one year. No such leave shall be granted except upon written request of the employee. Approval shall be in writing and a copy filed with the Personnel Officer. Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. SECTION 5. Hours of work: All offices of the city, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays and holidays continuously from 8:00 AM until 5:00 PM. Employees shall be required to work a minimum of 8 hours on week days. Employees for whom necessity requires a different schedule than that generally applied, shall work according to regulations prepared by the respective supervising official and approved by the City Council. SECTION 6. Attendance: Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All depart- ments shall keep daily attendance records of employees which shall be reported to the Personnel Officer in the form and on the dates he shall specify. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be cause for immediate discharge and such employee automatically waives all rights under the personnel ordinance and rules. SECTION %. Holidays: Municipal offices shall be closed on the following legal holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Admission Day, Labor Day, Veteran's Day, Christmas, Good Friday from twelve o'clock noon until the hour of three post meridan, every day �Dn which an election is held throughout the state, and Thanksgiving Day. When a 'ioliday falls on Sunday, the following Monday shall be observed. RULE XII. PAY ADJUSTMENTS SECTION 1. Applications of rates: Employees occupying a position in the - competitive service shall be paid a salary or wage within the range established :for that position's class under the pay plan as provided by Rule V. The minimum :rate for the class generally shall apply to employees upon original appointment. 3owever, the appointing authority may, when circumstances warrant it, appoint at other than the first step. Officers and employees re-employed after lay-off shall receive a rate within the range established for the class and agreed upon by the appointing power and the employee concerned. Transfers shall not affect an employee's salary rate. SECTION 2. Advancement: No salary advancement shall be made so as to exceed the maximum rate established in the pay plan for the class to which the advanced employee's position is allocated. Advancements shall not be automatic but shall depend upon increased service value of an employee to the city as exemplified by recommendations of his supervising official, length of service, performance record, special training undertaken, or other pertinent evidence. RULE XIII. TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT SECTION 1. Transfer: After notice to the Personnel Officer, an employee may be transferred by the appointing power at any time from one position to another position in the same or comparable class. If the transfer involved a change from the jurisdiction of one supervising official to another, both must consent thereto unless the City Council orders the transfer for purposes of econorgy or efficiency. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the personnel ordinance and in these rules. No person shall be transferred to a position for which he does not possess the minimum qualifications. SECTION 2. Promotion: Insofar as practicable and consistent with the best interests of the service, all vacancies in the competitive service shall be filled by promotion from within the competitive service, after a promotional examination has been given and a promotional list established. If, in the opinion of the appointing power, a vacancy in the position could be filled better by an open, competitive examination instead of a closed, promotional examination, then the appointing power may instruct the Personnel Officer to 2 8 7 call for applications for the vacancy and arrange for an open, competitive examin- ation and for the preparation and certification of an eligible list. SECTION 3. Demotion: The appointing power may demote an employee whose ability to perform his required duties falls below standard, of for disciplinary purposes. Upon request of the employee, and with consent of the prospective supervising offi- cial, demotion may be made to a vacant position as a substitution for lay-off. No employee shall be demoted to a position for which he does not possess the minimum qualifications. Written notice of the demotion shall be given the employee before or within three days after the effective date of the demotion, and a copy filed with the Personnel Officer. SECTION 4. Suspension: The appointing power may suspend an employee from his position at any time for the good of the service, for a disciplinary purpose, or for other just cause. Suspension without pay shall not exceed thirty days, nor shall any employee be penalized by suspension for more than thirty days in any fiscal year. Department heads may suspend a subordinate employee for not more than three working days at any one time, and not more frequently than one such suspension in a thirty -day period, for disciplinary purposes only. Suspension shall be reported immediately to the Personnel Officer by the appointing power or depart- ment head. SECTION 5. Reinstatement: With the approval of the appointing power, an employee who has resigned with a good record may be reinstated within two years to his former position, if vacant, or to a vacant position in the came comparable class. RULE XIV. SEPARATION FROM THE SERVICE SECTION 1. Discharge: An employee in the competitive service may be dis- charged at any time by the appointing power. Whenever it is the intention of the appointing power to discharge an employee in the competitive service, the Personnel Officer shall be notified. Any employee who has been discharged shall be entitled to receive a written statement of the reasons for such actions and to a hearing if he so requests, as provided in the personnel ordinance and these rules. SECTION 2. Lay-off: The appointing power may lay off an employee in the competitive service because of material change in duties or organization or short- age of work or funds. Ten working days before the effective date of a lay-off, the appointing authority shall notify the Personnel Officer of the intended action with reasons therefor, and a statement certifying whether or not the services of the employee have been satisfactory. A copy of such notice shall be given the employee affected. If certified as having given satisfactory service, the name of the 288 employee laid off shall be placed on the appropriate employment list as provided by these rules. I£ not certified as having given satisfactory service, the employee laid off may interpret the action as a discharge and request a hearing as provided by the personnel ordinance and these rules. gECTION 3. Resignation: An employee wishing to leave the competitive service in good standing shall file with the supervising official at least two weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Personnel Officer with a statement by the appointing power or department head as to the resigned employee's service performance and other pertinent information concerning the cause for resignation. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give notice shall be reported to the Personnel Officer by the department head immediately. RULE XV. APPEALS AND HEARINGS SECTION 1. Complaints: Any employee in the competitive service shall have the right to appeal to the Personnel Board relative to any disciplinary action, dismissal, demotion, or alleged violation of the personnel ordinance or rules, ex- cept in instances where the right of appeal is prohibited by the personnel ordinance or these rules. The employee may file a complaint in writing with the Personnel Officer. It shall be the duly of the Personnel Officer to inform each of the Per- sonnel Board members and the appointing power or other person complained against of the filing of the complaint. SECTION 2. Investigations and hearings: Upon the making of any complaint, the Personnel Board shall make such investigation as it may deem necessaf'y. The hearing authorized by the personnel ordinance shall be held within twenty days after the request for the hearing was made. In all hearings the applicable provis- ions of the personnel ordinance shall apply. Whenever a hearing on any complaint is to be held, the Personnel Officer shall notify the person requesting the hearing and the appointing power or other officer from whose action the appeal is being taken, of the date, time and place of the hearing and shall publicly post at such places as the Personnel Board shall prescribe, a notice of the date, time and place of the hearing. Unless incapacitated, the person making the complaint shall appear personally before the Personnel Board at the hearing, and he may be represented by any person or attorney he shall select. Upon the conclusion of any investigation or hearing, the Personnel Board shall cause its findings and recommendations to be prepared in writing and shall certify the same. Such findings shall be countersigned and filed as a permanent record by the Personnel Officer. The Personnel Officer shall deliver a certified copy of such findings and recommendations to the City Council and to any other officer or employee affected by such findings and recommendations, or from whose action the appeal was taken. Any member of the Personnel Board may submit a minority or supplemental report which shall be filed as a permanent record by the Personnel Officer. If, due to the absence from the city, or the illness or disability of a major- ity of the Personnel Board, any employee would be deprived the right of a hearing by the Personnel Board, in the event he were laid off, demoted, reduced, or dis- charged, the appointing power shall defer action until the Board is able to function, unless the case be an emergency, in which event the appointing power may suspend the employee until the Board is able to function. RULE XVI. TRAINING OF EMPLOYEES SECTION 1. Responsibility for training: Responsibility for developing training programs for employees shall be assumed jointly by the City Council, the Personnel Officer and department heads. Such training programs may include lecture courses, demonstrations, assignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the know- ledge of municipal officers and employees in the performance of their respective duties. SECTION 2. Credit for training: Participation in and successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Personnel Officer. RULE XVII. REPORTS AND RECORDS SECTION 1. Roster cards: The Personnel Officer shall maintain a service or roster card 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. SECTION 2. Change -of -status report: Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported to the Personnel Officer in such manner as may be prescribed by these rules and regulations. SECTION 3. Destruction of records: Roster and payroll records shall be kept permanently. All other records relating to personnel, including correspondence, applications, examinations and reports may be destroyed after one year. Any tempor- ary record may be destroyed at any time by the Personnel Board with the consent of the City Council and the City Attorney. RULE XVIII. COOPERATION SECTION 1. Cooperation of municipal officers and employees: Every officer 290 and employee of the City of San Juan Capistrano shall cooperate with the Personnel Board and the Personnel Officer in order completely to fulfill the objectives and purposes of the personnel ordinance and these rules. PASSED and ADOPTED by the City Council of the City of San Juan Capistrano at a regular adjourned meeting of the City Council held on the 19th day of August, 1963. Mayor of the City of f San Juan Capistrano ATTEST: City Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, ERNEST A. THOMPSON, do hereby certify that I am the City Clerk of the City of San Juan Capistrano; that the foregoing resolution was regularly introduced to the Council at a regular adjourned meeting held on the 19th day of August, 1963, and was at said meeting regularly passed and adopted by the following vote, to wit: AYES: COUNCILMEN: BUCHHEIM, DURNFORD, OLIVARES and BATHGATE NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: CLIFF City Clerk of the City of San Juan Capistrano