This chapter shall be known as the "Basic Salary Ordinance."

The words and terms defined in this section shall have the following meanings in this chapter and in any other ordinance classifying and fixing the salaries and compensation or authorizing the employment of personnel in any department or office of the City.

Each position shall be allocated to its appropriate class on the basis of duties and responsibilities. The present allocation of positions may be changed by the City Administrator provided the proposed change conforms with this chapter, with the established classification plan, and with the approved budget.

The title of the class to which any position is allocated shall be used in all official personnel records and in all official personnel transactions of the City.

In case of the promotion of any employee in the City service to a position in a class with a higher salary range, such employee shall be entitled to receive the rate of compensation in the entrance step of the class to which he or she has been promoted, provided that in the event such employee possesses extraordinary qualifications through long tenure and previous experience in his or her department, the City Administrator may, with the approval of the City Council, authorize the promotion of such employee to be at any step other than such entrance step. In cases where the salary range overlaps, promotion shall be effected at the next higher step in the range of the new class.

In the case of the demotion of any employee in the City service to a class with a lower salary range, such employee shall be entitled to retain the salary step in the lower range corresponding to that which he or she was receiving in the higher class before such demotion; in such cases the employee shall retain his or her original anniversary date.

All step increases, promotions, demotions and reclassifications and the salary rates therefor shall become effective on the first day of the first pay period following the completion date of the personnel action by the appointing power.

In the case of the transfer of any employee from one position to another in the same class, or to another class to which the same salary range is applicable, the employee shall remain at the same salary step and shall retain his or her original anniversary date.

At any time the City Administrator, upon the recommendation of the department head and Personnel Director, may order any member of the Police or Fire Department holding a lower rank therein to serve as an acting officer of a higher rank and may order that he or she be paid the compensation of such higher rank which duties he or she is to perform, and thereupon he or she shall be paid the compensation of such higher officer or rank so long as he or she performs duties as such; provided, however, that such appointment as an acting higher officer can be made only when a vacancy exists in the higher position or when the person holding the higher rank is absent on extended leave due to illness or occupational accident or injury. While acting in such higher office, all of the aforementioned members of the Police Department or Fire Department shall have the duties and shall exercise the powers of the office which they are designated to fill as acting officer.

The enactment of the ordinance codified in this chapter shall not affect the compensation of those employees who at the time the ordinance codified in this chapter is adopted are receiving in excess of the maximum step in the range for their respective classes, and such employees may continue to receive such compensation.

Whenever an employee accepts work under a different class of position or in exempt series in the City service, the character and nature of which work is similar and the responsibilities are equal or superior to the work such employee has been performing, and later returns to his or her former position, his or her term of employment under such different class of position shall apply on and be added to his or her term of service in the former class upon his or her return to same, provided his or her employment in the City service has been continuous from the date on which the employee accepts work in such different class.

All salaries and compensation herein provided shall be paid biweekly unless otherwise provided by ordinance, provided that employees who may be hired on occasional or emergency work shall be entitled to receive their salaries or wages on the completion of the work for which they were hired.

In keeping with the philosophy that the City should be a model employer and provide good salaries and benefits for all employees; and in order to provide understandable methods of salary setting which will result in compensation reasonable to employees, management and taxpayers, the salary administration policies and procedures for the City shall be as provided in Sections 3.04.220 to 3.04.240, inclusive of this chapter.

The compensation plan of the City shall be established and maintained so as to:

Changes occur in the organization structure of the City and important changes occur in the demands for certain skills. Many of these changes take place gradually. Consideration shall be given to the following factors, among others, in determining the appropriateness of the compensation for a given classification:

This chapter shall be known as the "Employee Benefits Ordinance of the City of Santa Barbara."

Full-time employees shall work a minimum of 40 hours per seven day week, except members of the Fire Department, whose standard duty week shall be as follows:

A department head or division head may require any employee in his or her department or division to work overtime for more than the regular number of hours in an assigned work day or week when public necessity or convenience requires such work.

Except as provided in Section 3.08.050 compensatory time off shall be earned and accumulated, and may be taken off at a straight time rate at the discretion of the employee's department head.

Except as provided in Section 3.08.060, no employees shall receive cash payment for overtime work unless said payment has been first authorized by the City Administrator pursuant to this section. To request authorization from the City Administrator to pay employees for overtime, the department head must notify the City Administrator in writing of the reasons requiring overtime, the members and titles of positions affected, and the probable period of time the overtime will be worked. The request must be made before the overtime is worked. Such paid overtime shall be at a straight time rate.

Full-time employees, other than temporary employees, shall be entitled to accrue and receive vacation with pay in accordance with the following schedule:

Vacation shall be scheduled by the department head to provide adequate staffing. Such scheduling shall be subject to the needs of the City, but shall take into account employee seniority and choice.

In the event that an employee of the City is required by a court of competent jurisdiction to perform jury duty and that requirement causes the employee to be away from his or her regularly assigned work schedule, said jury duty shall be considered leave with pay without interruption of service on the condition that the employee pay to the City Treasurer all compensation he or she receives for the jury duty.

Responsibility for proper administration of this section shall rest with the department head.

In the event that one or more municipal holidays shall fall within a vacation leave, and the officer or employee is entitled to and eligible for such holidays, the days shall not be charged against accrued vacation leave and the leave shall be extended accordingly. Any officer or employee who is compelled by the nature of the duties involved to work on any holiday for which the officer or employee is eligible, shall receive compensating time off on a day or days which would normally constitute a working day for that officer or employee.

Vacation time accrued during any calendar year may be accumulated, but must be used in the following calendar year or is lost. Provided, however, that accumulated vacation time, not exceeding an aggregate total of 160 hours, may be carried over beyond the end of calendar years following the year of its accrual with the written approval of the department head and the City Administrator. Such approval shall be recorded in the personnel file of the officer or employee concerned. Fire Department employees shall be entitled to carry over 20 days of vacation under the procedure provided above.

Where an illness is continuous and extends from one calendar year into the next, the employee shall be entitled to complete the period of sick leave to which he or she was entitled at the commencement of such illness.

Vacation time and sick leave time may be combined in case of exceptional illness of any employee in the discretion of the department head or City Administrator.

Whenever any person entitled to benefits under the provisions of Sections 3.08.140 through 3.08.190 shall have been in the service of the City continuously for five years or more, upon his or her written application approved by his or her department head or the City Administrator and accompanied by a report from a medical doctor, stating the extent and nature of the illness of the applicant and approximate time required for recovery, the City Administrator may grant to such person an extra leave of absence because of illness in addition to that provided by Sections 3.08.140 through 3.08.190. Such leave of absence shall be in accordance with the following schedule:

During such period of extra leave, such person shall receive an amount equal to 50% of his or her regular salary or wages.

Job abandonment means that an employee fails to report for work at the beginning of a scheduled workday and does not obtain authorization for the absence which continues for three or more consecutive scheduled full workdays. The City shall attempt to contact the employee and/or emergency contact no less than three times during the unauthorized absence to ascertain the employee's status. Job abandonment is considered automatic resignation from City employment, as of the last date on which the employee worked. When mitigating or aggravating factors exist, an employee resigned under this section may request reinstatement to employment in writing to the Human Resources Director within 15 calendar days of the date the employee last worked and upon good cause shown. Good cause for reinstatement may include medical emergency or family medical leave reported after the fact because leave is not foreseeable and/or notification not feasible, arrest, or mental or physical impairment, or other cause that prevented the employee from reporting to work or notifying the City. Any employee reinstated shall not be paid salary or benefits for the period of his or her absence or separation or for any portion thereof, however, any employee reinstated will be allowed to use existing leave banks for time missed. Final payout will not occur until the reinstatement appeal period has passed. Any employee reinstated under this section shall not constitute re-employment under Section 3.16.320 nor be construed as a break or interruption in service. No employee separated for job abandonment has the right to a post-separation appeal including a hearing by the Board of Civil Service Commissioners under Section 1007 of the City Charter.

Where sickness or injury is sustained in the course of employment with the City, such officer or employee shall be compensated under the provisions of the Workers' Compensation Insurance and Safety Act of the State and not under the provisions of this chapter; provided, however, that if during the first three calendar days of necessary absence for such cause, the disabled person shall be qualified for and receive payments under the above-mentioned act, he or she shall also receive from the City a sum which, when added to the disability payment under the aforesaid act, shall make a total equal to the full salary of such officer or employee at the time of his or her injury. However, if during the first three day period he or she does not qualify for disability payments under the Act, such officer or employee shall receive 100% of his or her salary or wages for that period. If said absence is subsequently determined not to have been sustained in the course of employment with the City, it shall be charged against the employee's accumulated sick leave. Such benefit shall accrue for each such disability but shall not entitle a person to more than one week's pay in cases of recurring disability from the same cause; it is further provided that in the event any employee sustains such illness or injury from the performance of duties within the scope of his or her employment with the City, he or she shall also receive from the City during such disability for an additional period not exceeding 12 months for policemen or firemen, and not exceeding three months for other full-time employees, in addition to the disability payment payable under the Workers' Compensation Insurance and Safety Act of the State, a sum which, when added to the disability payment payable under the aforesaid act shall make a total equal to the full salary of such employee at the time of his or her injury; provided, however, that when any such employee shall be retired from active service or employment because of such disability, then in such event, the provisions of this chapter shall not apply and such person shall be entitled only to the benefits set forth in the City Charter.

Where an officer or employee is absent from the duties of his or her position because of vacation or illness and receives any moneys whatsoever from the City pursuant to the provisions of this chapter, such sums shall be paid from moneys appropriated for the payment of the salary or wage of the position such person fills. The position of an officer or employee who is absent on an approved leave which shall include, but not be limited to, sick leave, vacation, or leave without pay shall be considered filled for the duration of such approved leave. Notwithstanding the above, where an officer or employee is absent from the duties of his or her position because of an industrial injury or illness and he or she has exhausted his or her leave rights under Section 4850 of the Labor Code of the State of California and is receiving benefits pursuant to Section 21025.2 of the Government Code of the State of California prior to the effective date of retirement, his or her position shall be considered vacant and may be filled by the appointing authority pursuant to Chapter 3.16 of this title.

A leave of absence without pay may be granted to any officer or employee of the City by appointing officer or board; provided, that in the event such leave be requested for a longer period than seven calendar days, such request in all cases shall be presented to and approved by the City Administrator before it may be granted.

For the purpose of computing continuous service, leaves of absence on account of illness whether with or without pay shall not be construed as a break or interruption in service. Other leaves of absence or layoffs on account of lack of work or funds or other reasons totaling in excess of 90 consecutive calendar days shall be construed as breaking continuous service.

Each official or employee, other than the Mayor and City Councilmembers using any vehicle not owned by the City, for transportation purposes in the proper discharge of his or her duties as such official or employee, shall be allowed and shall receive a transportation allowance in addition to compensation paid such official or employee as salary or wages. Said allowance shall be established by resolution of the City Council.

Mileage claims authorized by Section 3.08.260 shall be duly presented and filed each month for mileage of the preceding month.

Prior to the use by any official or employee, other than the Mayor and City Councilmembers of the City of an automobile, allowance for which is to be paid for as provided by this chapter, there shall first be certified to such official or employee by the City Administrator, written authority to use an automobile in the performance of such official's or employee's duties as an official or employee of the City and to receive the transportation allowance therefor provided for by this chapter and a copy of such written authority shall be upon the issuance thereof by the City Administrator filed with the City Auditor and with the City Treasurer.

Each official or employee, other than the Mayor and City Councilmembers, receiving the allowance provided for by this chapter shall keep records of the mileage allowed by this chapter in such a way as to enable verification thereof being made.

No official or employee of the City using an automobile as allowed by this chapter shall receive from the City any other allowance for compensation for such use than that provided by this chapter, except that the City may reimburse up to a maximum of $100.00 for repair expense incurred by the official or employee when a privately owned vehicle is damaged by collision or receives other accidental damage subject to the following conditions:

Any and all employees of the City of the different departments thereof, who in the regular course of their employment, handle funds belonging to the City shall give a bond to the City.

The following named officers of the City shall give bonds in the following amounts:

Temporary, part-time or seasonal employees paid on an hourly basis are excluded from the provisions of Sections 3.08.080 to 3.08.120 inclusive.

In accordance with the provisions of the City Charter, the Mayor, members of the City Council, the City Administrator, and any member of an appointed board or commission of the City shall have his or her permanent residence within the City, except as otherwise provided in this code.

For the purpose of this chapter the words "permanent residence" shall be deemed to be that place where the officer or employee maintains his or her home for him or herself and his or her family, and from which he or she has no present intention of removing or to which he or she has a general intention to return from any temporary location.

The purpose of this chapter is to implement Chapter 10, Division 4, Title 1, of the Government Code of the State of California (Sections 3500, et seq.), captioned "Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations for resolving disputes regarding wages, hours and other terms and conditions of employment.

As used in this chapter, the following terms shall have the meanings indicated:

Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including but not limited to wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his or her exercise of these rights.

The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of economic reasons or for cause as provided in Section 1007 of the City Charter; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The City, through its representatives, shall consult in good faith with representatives of all recognized employee organizations on employer-employee relations matters which affect them.

Reasonable written notice shall be given to each recognized employee organization affected of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be introduced to or by the City Council, or any committee of the City Council, or by any board or commission of the City, and each shall be given the opportunity to meet with such body prior to adoption. Emergency resolutions and ordinances are excepted, but employee representatives shall be notified of such resolutions and ordinances as soon as possible.

There are two levels of employee organization recognition, formal and informal. The recognition requirements of each are set forth below:

The City Council may adopt such rules and regulations necessary to implement the provisions of this chapter and Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.).

If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

The purpose of this chapter is to implement the Civil Service System established by Article X of the City Charter.

The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:

Violations of the provisions of this chapter shall be grounds for rejections, suspensions, demotions, or dismissal.

All examinations for classes in the classified service shall be publicized by posting announcements in the City Hall, on official bulletin boards, and by such other methods as the Personnel Director deems advisable. The announcement shall specify the title and pay 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 manner of making applications; and other pertinent information.

Applications shall be made as prescribed on the examination announcements. Application forms shall require information covering training, experience, and other pertinent information, and may include certificates of one or more examining physicians, references and fingerprinting. All applications must be signed by the person applying.

Pursuant to Section 11105 of the Penal Code of the State of California, the following officers of the City of Santa Barbara are hereby authorized to have access to and to utilize State summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this chapter: City Administrator, Director of Personnel and Risk Management, and his or her deputies, and legal counsel.

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 Director and the department head, fairly measure the relative capacities of the class to which they seek to be appointed. Examination shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to achievement and aptitude tests, other written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical tests, or any combination of these or other tests.

In an examination for employment, the Personnel Director shall require as a prerequisite to such employment the taking of fingerprints of all applicants achieving a position on the employment list. The Personnel Director may make special inquiry into past records of all applicants and any other investigation deemed necessary.

Promotional examinations shall be conducted whenever the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section 3.16.080 of this chapter, or any combination of them. Only City employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations.

Open competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists, as prescribed in Sections 3.16.140 to 3.16.170, inclusive.

The City Council may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Personnel Director shall insure that such duties are performed. The Personnel Director shall arrange for the use of public buildings and equipment for the conduct of examinations.

A candidate's score in a given examination shall be the average of his or her scores on each competitive part of the examination, weighed as shown in the examination announcement. Failure in one part of the examination may be grounds for declaring such applicants as failing in the entire examination or as disqualified for subsequent parts of an examination. The Personnel Director may, at his or her discretion, include as a part of the examination, tests which are qualifying only.

Each candidate in an examination shall be given written notice of the results thereof, and if successful, of his or her final earned score and/or rank on the employment list.

As soon as possible after the completion of an examination, the Personnel Director shall prepare and keep available an employment 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 names of probationary and permanent employees who have been laid off shall be placed on appropriate reinstatement lists, as provided in Section 1008 of the Charter.

The name of any person appearing on an employment, reinstatement, or promotional list shall be removed by the Personnel Director, if the eligible person requests that his or her name be removed and the request is confirmed in writing by the eligible person or the Personnel Department, or if he or she fails to respond to a notice of certification mailed to his or her last known address, or for any of the reasons specified in Section 3.16.070 of this chapter. The person affected shall be notified of the removal of his or her name by a notice mailed to his or her last known address. The names of persons on promotional employment lists who resign from the service shall automatically be dropped from such lists.

Notwithstanding the provisions of Section 3.16.170 of this chapter the name of an eligible who is not available for immediate certification may, upon request in writing to the Personnel Director, be placed on an inactive list, and may be restored to the active list from which it was removed upon request of the eligible provided the list is still in existence.

All vacancies in the classified service shall be filled by transfer, demotion, re-employment, reinstatement, or from eligibles certified by the Personnel Director from an appropriate employment list, if available. In the absence of persons eligible for appointment in these ways, provisional appointments may be made in accordance with this chapter.

Whenever a vacancy in the classified service is to be filled, the appointing power shall notify the Personnel Director in the manner prescribed. If there is no reinstatement list available for the class, the appointing power shall have the right to decide whether to fill the vacancy by re-employment, transfer, demotion, appointment from a promotional employment list, or appointment from an open employment list.

After interview and investigation, the appointing power shall make appointments from among those certified, and shall immediately notify the Personnel Director of the persons appointed. The person accepting appointment shall present him or herself to the Personnel Director, or his or her designated representative, for processing on or before the date of appointment. If the applicant accepts the appointment and presents him or herself for duty within such period of time as the appointing power shall prescribe he or she shall be deemed to be appointed, otherwise, he or she shall be deemed to have declined the appointment.

During the period of suspension of an employee or pending final action or proceedings to review suspension, demotion or discharge of an employee, such vacancy may be filled by the appointing power subject to the provisions of this chapter and the Charter.

All original and promotional appointments shall be tentative and subject to a probationary period of one year of actual service. If the service of the probationary employee has been satisfactory to the appointing power, then the appointing power shall file with the Personnel Director 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 (Prior to the expiration of the probationary period) the employee will be deemed to be unsatisfactory and his or her employment terminated at the expiration of the probationary period.

The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to this position.

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 Director. A rejected probationer must make a request in writing to the Personnel Director within 15 days to be returned to the eligible list, as provided in Section 1004 of the Charter.

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 or her services have been satisfactory, shall be reinstated to the position from which he or she was promoted unless charges are filed and he or she is discharged in the manner provided in this chapter and in the Charter.

Insofar as consistent with the best interests of the service, all vacancies in the classified service shall be filled by promotion from within the classified service, after a promotional or open competitive examination has been given and an employment list established.

The appointing power may demote a permanent employee for any ground authorized by Section 1007 of the Charter. Upon request of the employee, and with the consent of the appointing power, demotion may be made to a vacant position. No employee shall be demoted to a position for which he or she 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 Director.

The appointing power may suspend a permanent employee from his or her position at any time for grounds specified in Section 1007 of the Charter. Written notice of the suspension shall be given the employee before or within three days after the effective date of the suspension, and a copy filed with the Personnel Director. Suspension without pay shall not exceed 60 calendar days, during any continuous 12 month period; provided, however, that an employee may be suspended for a period of time in excess of 60 days pending a court determination of criminal charges brought against such employee.

With the approval of the appointing power and the Personnel Director, a permanent or probationary employee who has resigned with a good record may be re-employed within one year of the effective date of resignation, to a vacant position in the same, comparable, or lower related class for which the qualifications are substantially similar or less than those qualifications for the position from which the employee resigned. The Personnel Director shall determine whether or not the employee meets the qualifications for a comparable or lower related class as set forth on the appropriate job description.

The appointing power may require an employee or a prospective employee to submit to medical, physical, or psychiatric examination(s), to be paid for by the City, to evaluate the capacity of the employee to perform the work of his or her position. The employee may submit medical or other evidence to the examining physician or to the appointing power. When the appointing power, after considering the conclusions of the medical, physical and psychiatric examination(s) and other pertinent information, concludes that the employee is unable to perform the work of his or her present position, the appointing power may demote or transfer the employee to another position or may terminate the employment of the employee. The employee may appeal an action of demotion, transfer or dismissal taken under this section, to the Board of Civil Service Commissioners. The proceedings specified in Section 1007 of the Charter shall govern any such appeal.

A permanent employee in the classified service may be discharged at any time by the appointing power for grounds specified in Section 1007 of the Charter. Whenever it is the intention of the appointing power to discharge an employee in the classified service, the Personnel Director shall be notified. Any employee who has been discharged shall be entitled to receive a written statement of the reasons for such action and to a hearing if he or she so requests, as provided in this chapter and the Charter.

In accordance with the provisions of Section 3.16.370 of this chapter, any employee in the classified service shall have the right of appeal on any decision which affects the employment of the individual employee. This right of appeal shall not apply to matters which affect all employees equally, in part or whole, or those matters necessary for the operation of the department nor those for which appeal is provided by Sections 3.16.300 through 3.16.350 inclusive, and Section 1007 of the Charter.

The time limits specified in Section 3.16.370 may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.

Employees shall be assured freedom from reprisal for using the grievance procedure.

All rules and regulations relating to City personnel or to the personnel of particular departments in the City which are not in conflict with this chapter or the Charter shall remain in full force and effect.

The Board shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), constitutes a misdemeanor, and shall be punishable as provided by Section 515 of the Charter.

The Civil Service System of the City shall be deemed to have commenced on the effective date of the Charter of the City.