DIVISION 5. EMPLOYEES [45000. - 45345.]
Division 5 added by Stats. 1949, Ch. 79.
§§ 45000–45345 · 62 sections
CHAPTER 1. Civil Service §§ 45000–45210 · 25 sections
ARTICLE 1. The System §§ 45000–45010 · 11 sections
- § 45000 It is the intent of this chapter to enable the legislative body of any city to adopt such a personnel system, merit system, or civil service system as is…
- § 45001 By ordinance, the legislative body of any city may establish a personnel system, merit system, or civil service system for the selection, employment,…
- § 45002 The system may include the librarian, secretary, and other officers and employees, except members of the board of trustees, of the public library established…
- § 45003 The inclusion of any class of officers and employees made prior to September 19, 1947, is operative from the inception of the system.
- § 45004 The legislative body may provide for the appointment of a civil service commission or personnel officer, to which it may delegate such powers and duties in…
- § 45004.1 (a) Where a hearing is held before a civil service commission or personnel officer pursuant to Section 45004 and where the commission or officer permits an…
- § 45005 The ordinance shall designate the departments, and the appointive officers and employees who shall be included in the merit system or civil service system.
- § 45006 By subsequent ordinances, the legislative body may add additional departments and appointive officers, and employees to the original list.
- § 45007 After inclusion in the system, any departments or appointive officers or employees shall not be withdrawn, either by an outright repeal of the civil service…
- § 45008 The legislative body may contract with the legislative body of any city or county in the State, any state department, or any private person, corporation,…
- § 45010 The ordinance shall provide that any period of time during which an employee is required to be absent from his position by reason of an injury or disease for…
ARTICLE 3. Age Limits §§ 45050–45054 · 5 sections
- § 45050 The ordinance establishing the system shall provide that minimum or maximum age limits for any civil service examination shall not be established and that age…
- § 45051 The ordinance shall provide that any person possessing all the minimum qualifications for the position is eligible to take any civil service examination,…
- § 45052 This article does not require nor authorize any city to employ any person in a particular city employment if he has attained the retirement age for that…
- § 45053 A person shall not be employed in city employment while he is receiving a retirement allowance under a city employees’ retirement system of such city by reason…
- § 45054 This article does not prevent the legislative body from fixing minimum or maximum age limits for the employment of policemen or firemen.
ARTICLE 4. Emergency Appointments §§ 45080–45083 · 4 sections
- § 45080 During any war emergency, the legislative body, by a four-fifths vote, may provide for the emergency employment of any person to fill any office or position in…
- § 45081 An emergency appointee does not acquire civil service or other permanent status because of the emergency appointment.
- § 45082 The legislative body may provide that an emergency appointee selected from an eligible list who is otherwise eligible for permanent appointment may acquire…
- § 45083 As used in this chapter the word “war” shall mean: (a) Whenever Congress has declared war and for one year after the termination of hostilities therein as…
ARTICLE 5. Reduction in Personnel § 45100 · 1 section
- § 45100 If the legislative body determines that a reduction in personnel is necessary for economy reasons, it shall observe the seniority rule in putting the reduction…
ARTICLE 6. Prohibitions and Offenses §§ 45200–45210 · 4 sections
- § 45200 It is unlawful for any person: (a) Wilfully by himself or in cooperation with another person to defeat, deceive, or obstruct any person with respect to his…
- § 45201 It is unlawful for any person: (a) To impersonate another person or to permit or aid in any manner any other person to impersonate him in connection with any…
- § 45203 Any city employee, or person whose name appears on any city employment list who uses during duty hours, for training or target practice, any material which is…
- § 45210 Every person who violates any provision of this article is guilty of a misdemeanor.
CHAPTER 2. Retirement §§ 45300–45345 · 37 sections
ARTICLE 1. General §§ 45300–45317 · 32 sections
- § 45300 It is the intent of this article to enable any city to adopt such a retirement system as is adaptable to its size and type.
- § 45301 By ordinance, any city may establish a retirement system for its officers and employees and provide for the payment of retirement allowances, pensions,…
- § 45301.5 Notwithstanding any provision of this chapter to the contrary, separate rates of contribution for male and female employees shall not be maintained or…
- § 45302 Before the ordinance establishing a retirement system is adopted, the city legislative body shall adopt a resolution giving notice of intention to adopt the…
- § 45303 The ordinance shall not be adopted unless an election is first held to permit the employees proposed to be included in the system to express by secret ballot…
- § 45304 The ballot used at the election shall include a summary of the retirement system as set forth in the resolution.
- § 45305 The election shall be conducted in a manner to be prescribed by the legislative body, and permit firemen, policemen, and other city employees included in the…
- § 45306 The ordinance establishing a retirement system may be adopted either by a majority vote of the electorate of the city or by approval of a two-thirds majority…
- § 45307 The ordinance shall provide for the appointment of a retirement board and for the delegation to the board of such powers and duties in relation to the system…
- § 45308 The legislative body may maintain its own pension and retirement fund or may contract with the legislative body of any city or county in the State, or any…
- § 45308.1 All funds received by city retirement systems and not required for current disbursements shall be invested only in: (a) Securities which are legal for savings…
- § 45308.2 Notwithstanding Section 45308.1 funds received by city retirement systems and not required for current disbursements may be invested in real property or…
- § 45308.3 Notwithstanding Section 45308.1, funds received by city retirement systems and not required for current disbursements may be invested in bonds issued pursuant…
- § 45308.4 Notwithstanding Section 45308.1, funds received by city retirement systems and not required for current disbursements may be invested in any of the following:…
- § 45308.5 Notwithstanding Section 45308.1, in addition to any other investments as are authorized by this article, city retirement systems may in their discretion under…
- § 45308.55 Notwithstanding Section 45308.1 the board may also invest in any stocks or shares of a diversified management investment company registered under the…
- § 45308.6 For purposes of Section 45308.5, city retirement systems shall employ investment counsel or trust companies or trust departments of banks to render service in…
- § 45308.7 The city retirement board, if there is one, or the city treasurer with the approval of the city council, may enter into security loan agreements with…
- § 45309 Among other matters, the ordinance establishing the system shall provide for: (a) The amount of benefits to be paid to any officers or employees, or their…
- § 45309.5 A member of a pension or retirement system established pursuant to this chapter shall not receive credit for service or contributions for credit for service in…
- § 45310 The ordinance may provide that: (a) The amount of the retirement, compensation, or pension may be predicated, in part, upon services rendered the city by an…
- § 45310.3 Notwithstanding any other provision of law, a person ceases to be a member for any portion of his or her service as an elected public officer that is forfeited…
- § 45310.5 The ordinance may provide for a modification of rights and benefits of a member because of membership in a reciprocal system similar to and under the same…
- § 45310.6 When a city has established a reciprocal retirement system under this chapter, the following shall apply: (a) Any former member who left service under that…
- § 45310.7 (a) On and after January 1, 2003, a member who is credited with less than the number of years of service required for vesting shall have the right to elect to…
- § 45311 (a) It is the intent of the Legislature in enacting this section to recognize a public obligation to all those whose duties as local prosecutors, local public…
- § 45312 Nothing in this article prohibits the enhancement of the pension and retirement fund by private or voluntary contributions, nor the transfer to the fund of any…
- § 45313 The retirement board shall require competent medical proof before retiring any officer or employee for physical disability.
- § 45314 After the retirement of a person for disability, if it appears that the disability has diminished, the board shall reduce the retirement payment to correspond…
- § 45315 The determination of the retirement board is final and shall not be modified or set aside except for fraud or abuse of discretion.
- § 45316 This article provides an alternative procedure for the establishment of retirement systems in cities.
- § 45317 Any regularly established fire or police protection district may adopt a retirement system for its employees pursuant to this article.
ARTICLE 2. Pension and Retirement Systems §§ 45341–45345 · 5 sections
- § 45341 The legislative body may establish a pension plan and provide retirement and death benefits for city employees in order to effect economy and efficiency in the…
- § 45342 Any pension or retirement system adopted shall be on a sound actuarial basis and provide for contributions by both the city and the employee members of the…
- § 45343 Contributions shall be in amounts which will accumulate at retirement a fund sufficient to carry out the promise to pay benefits to the individual on account…
- § 45344 Benefits based on service rendered prior to membership in the system shall be met by additional contributions of the employer. Such prior service liability may…
- § 45345 As an alternate method of providing a retirement system, the city may contract with the Board of Administration of the State Employees’ Retirement System and…