CC Resolution No. 8904
RESOIIJI'ION NO. 8904
A RESOIIJI'ION OF '!HE CITY COONCIL OF '!HE CITY OF aJPERTINO
AMENDING '!HE RUlES ON CúNDITIONS OF EMPlDYMENI'
WHEREAS, the Rules on eon:litions of Employment need to be
modified in order to confoDII with the Merrorarna of Urrlerstanding
between City of CUpertino arrl the Miscellaneous Employees unit
arrl Public Works unit;
NCM, 'lHEREFORE, BE IT RESOLVED that the Rules on eon:litions
of Employment be amended as shown in Attachment "A" which is
incorporated in this resolution by reference.
PASSED AND AOOPI'ED at a regular meeting of the city Council
of the City of CUpertino this 21st day of June , 1993 by the
following vote:
vote Members of the city council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENI': None
ABSTAIN: None
APPRJVED:
/s/ Nick Szabo
Mayor, city of CUpertino
ATl'EST:
/s/ Dorothy Cornelius
City Clerk
RUlES ON CDNDITIONS OF EMPIDYMENT
INDEX
CatecJorv Section SUbiect Paqe
GENERAL AI:MINISTRATION 1.0 Purpose 1
1.1 Policy 1
1.2 Administration 1
1.3 Interpretation 2
1.4 coverage 2
1.5 ReI'""" 1 of Existirq Rules 2
1.6 Arnerrlments to Rules 2
1.7 Effective Date 2
RECRUI'lMENl' AND 2.0 Techniques of Recruitment 3
REI'ENTION 2.1 Examinations 3
2.2 Eligible Lists 4
2.3 Selection of Enp10yees 4
2.4 Appointment Approval 5
AProINIMENTS AND 3.0 Appointments 5
EMPIDYEE STA'IUS 3.1 Certified status 5
3.2 Probationary status 6
3.3 Provisional status 6
3.4 Ten'p:>rary status 6
3.5 Exenpt status 6
INl'ER-RJSITION TRANSFERS 4.0 Promotions 6
OF EMPIDYEES 4.1 Transfers 7
4.2 Voluntary Reductions 7
4.3 [)e¡¡y;)tions 8
DISCIPLINARY ACI'IONS 5.0 Substance Abuse Policy 8
5.1 warning Notices 9
5.2 SUspenSions 9
5.3 Dismissal 10
5.4 Discharges 10
5.5 rue ProceSS 11
APPEAIS AND HEARINGS 6.0 FODn of Appeal 11
6.1 Filirq of Appeal 11
6.2 Representation 11
6.3 Who May Appeal 12
6.4 Hearings on Appeals 12
GRIEVANCE PROCEIXJRE 7.0 Definition an:i Pr=edure 12
Limitations on Authority
of Advisory Arbitrator 15
Ca:teclorv section SUbiect Paqe
A'I'I'ENDANCE AND IEAVES 8.0 Hours of Work 15
OF ABSENCE 8.1 Holidays 16
8.1.6 Holiday Pay 18
8.2 Vacations 18
8.3 sick leave 21
8.3.1. Personal leave 24
8.3.2 Family leave 24
8.3.3 Bereavement leave 24
8.3.4 Absence Notification 24
8.3.5 Unused Sick leaved 25
8.4 leaves of Absence 26
8.5 MilitaJ:y leave 26
8.6 Juzy [)lty 26
8.7 TeII1porary Disability
Benefits 27
8.8 Pregnancy Disability leave 27
8.9 Adoption leave 28
8.9.1 catastrophic leave 28
8.9.2 AtteOOance 30
9.0 overtiræ 30
9.1 Non-Exenpt overtiræ 30
9.2 Management am Confidential
overtiræ 31
9.3 stand-by-pay 31
ornER CDNDITIONS 10.0 Continuous Service 32
OF EMPIDYMENT 10.1 ReimburseIænt for Travel 32
am other expenses
10.1.2 Re:ilnbursements 33
10.2 Resignations 33
10.3 layoffs 33
10.3.1 Reinstatements 34
10.4 seniority 34
10.5 Traini.n;¡" Programs 34
10.6 SUggestion System 35
10.7 Hospitalization, Medical,
Dental am Life Insurance
Programs 35
EMPIDYEE-EMPIDYER 11.0 Me1rorama of Understanding 35
REIATIONS
City of CUpertino
RIJIFS
ON
CX>NDITIONS OF EMPlDYMENT
GENERAL AJ:MINISTRATION
Section 1. 0 Puroose
The purpose of these Rules shall be to provide the basis of
connnon understanding between supervisors an:ì employees as to terms
and conditions of employment insofar as they are not superseded by
a fo:nnall y adopted Memorandum of Understanding for such terms and
conditions of employment as are permitted for inclusion therein
under the provisions of Chapter 6 of the Personnel Code,
Employer-Employee Relations.
Section 1. 1 Policv
'Ihe policy under which these Rules shall be administered is
one of fairness both to the employee an:ì the City and of
uniformity of action so that all may be aware of the duties and
responsibilities of the employee in this regard as well as the
rights an:ì privileges of employment with the City.
Section 1.2 Administration
The administration of these Rules is hereby invested in the
Personnel Officer subject to administrative policies as set forth
by the City Manager, who is the Appointing Authority.
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section 1.3 InterPretation
Any inteJ:pretation, definition or meaning of any provision,
term or condition contained herein shall be as set forth in
writing by the Personnel Officer whose inteJ:pretation, definition
or meaning shall be considered as being supplemental hereto.
Section 1. 4 Coveraqe
All officers, employees and positions shall be subject to
these Rules save and except for those officers, employees and
positions specifically enumerated hereinbelow.
(a) All Elected Officers
(b) city Manager
(c) Assistant City Manager
(d) City Attorney
(e) city Prosecutor
(f) Chairmen and members of appointed boards, commissions
and committees
(g) Persons engaged under contract to supply expert,
professional, teclmical or other services.
section 1.5 Repeal of Existinc! Rules
All existing Rules and other policies cu=ently or heretofore
in effect relating to those terms and conditions of employment as
provided for herein are hereby rescinded and repealed.
Section 1. 6 Amendments to Rules
Amendments to and modifications of these Rules shall be as set
forth in the Personnel Code.
Section 1. 7 Effective Date
'Ihese Rules shall be filed with the city Clerk on adoption by
the City Council and shall become effective :i.Jmædiately
thereafter .
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)RECRUI'IMENI' AND REI'ENTION
section 2.0 Tecimiaues of Recruitment
Recruitment of enployees for positions in the city shall be
the responsibility of the Personnel Officer who may request the
advice and assistance of or delegate the function to a Department
Head with hisjher consent. The techniques and procedures of
recruitment shall be those most effective in attracting qualified
applicants for positions with the City without regard to race,
religion, sex, national origin, political backgroUnd, or sexual
preference.
Section 2.1 Examinations
Examinations shall be prepared and administered to test fairly
the fitness of applicants. Said exam:i11ations shall be conprised
of anyone or JlK)re processes of written, oral, physical fitness,
unassembled or such other method as can serve the purpose of
determining the skills and knowledge, qualification or fitness of
the applicant. The determination as to the processes that will be
used for each position classification shall be that of the
Personnel Officer who may obtain and utilize such assistance as
may be required to fulfill the intent of this section. said
exam:i11ations may be competitive or noncompetitive; provided,
however, that advance public notice be advertised prior to each
such competitive exam:i11ation as to the method by which the
eligible list shall be prepared, its effective life, weighting
factors and such other detail that may provide the applicant with
a better understanding of the exam:i11ation and selection process
for the position for which he/she is applying.
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'section 2.2 Eliaible Lists
Whenever competitive examinations are administered the names
of su=essful applicants thereto shall be placed on lists from
which appoinbnents therefrom shall be made during the effective
tenn of the list. Eligible lists may be constructed so as to give
numerical rankings of su=essful applicants or in category
groupings when said lists are obtained from examinations
administered in that manner or from examinations administered on a
pass-fail basis.
ElTployment lists shall remain in effect for one year unless
exhausted sooner or abolished by the Personnel Officer. ElTployment
lists may be extended for up to an additional year by actions of
the Personnel Officer.
section 2.3 Selection of EmPlovees
The selection of a su=essful applicant for a position with
the city shall be made by the Department Head having supervisory
control of the position to be filled. The Deparbnent Head shall
recommend such selection of the Appointing Authority who may
approve or disapprove an appoinbnent.
If the selection of a successful applicant is to be made from
an eligibility list constructed by mnnerical ranking the person
selected shall be from one of the three highest available persons
on the list. If the selection of a succes~ful applicant is to be
made from an eligibility list constructed by category groupings
the person selected shall be from amen;¡- those available in the
highest category before a selection may be made from a lower
category
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;section 2.4 APPointment APProval
All appointments whether from eligibility lists or not and
irrespective of the type of position to which one is made shall be
approved by the Appointing Authority before becoming effective.
AProINIMENTS AND EMPlDYEE srA'IUS
section 3.0 APPointments
All appointments to positions subject to Jurisdiction B of the
Personnel Code and as approved by the Appointing Authority shall
be made in one of the follCMing named manners and the affected
enployee shall be granted the same status a=rdingly.
section 3.1 Certified status
Certified status shall be granted to all enployees occupying
positions subject to Jurisdiction B who have successfully
corrpleted their probationary period when either appointed from an
eligible list or as the result of having successfully corrpleted an
examination for the appointment.
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One of four jurisdictions created by the Personnel Code.
Jurisdiction B establishes the provisions am conditions for the
appointment, enployment and retention of subject enployees on a
basis of merit and fitness. '!he follCMing offices, positions and
enployees are excluded from Jurisdiction B: All elected offices,
City Manager, Assistant City Manager, city Attorney, city
Prosecutor, Chairmen and Members of appointed boards, commissions
and committees, persons engaged under contract to supply services,
Department Heads, enployees occupying positions whose principal
job requirement is good physical fitness and enployees serving
under appointments of provisional, exenpt, temporaI)' or emergency
status. CuPertino. Personnel Code, Title XII, Chapter 1, Article
2, p. 2 and Chapter 4, Article 1, p. 8.
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'Section 3.2 Probationarv status
Probationa¡;y status shall be granted to all employees
occupying positions subject to Jurisdiction B who have been
appointed from an eligibility list or when none is available as
the result of having successfully completed an examination for the
appointment. ihe probationary period may be not less than three
(3) months nor more than twelve (12) months and shall be as
specified for each class of positions UJÙess when in the absence
of a specified duration it shall be six (6) months.
Section 3.3 Provisional status
Provisional status shall be granted to all employees who are
appointed on other than a temporary basis to positions subject to
Jurisdiction B but for which no eligible lists exists. Said
provisional appointments shall be terminated no later than one
hundred eighty (180) days after appointment.
Section 3.4 Temi:Jorarv status
Temporary status shall be granted to all employees appointed
for work on a seasonal, less than one-half tilæ or to other
non-permanent work. Full tilæ employment in any position under a
temporary appointment shall not exceed 120 days in any twelve (12)
month period.
section 3.5 Exempt status
Exempt status shall be granted to all employees occupying
positions not subject to Jurisdiction B of the Personnel Code.
INTER-rosrrroN TRANSFERS OF EMPIDYEES
Section 4.0 Promotions
A promotion shall be defined as the appointment of a certified
or exempt employee occupying a position in a lower classification
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'to a vacant position in a higher classification. Promotions may
be made on a non-c:anpetitive or closed-c:anpetitive basis
irrespective of the existence of eligible lists for the same
position classification which may have been constructed from
open-c:anpetitive examinations.
Section 4.1 Transfers
A transfer shall be defined as the appointment of an enployee
to a vacant position having an assigrnnent to the same pay grade as
the position previously occupied by the enployee immediately prior
to the transfer. The status of the enployee so transferred shall
not be affected by the transfer; provided, however, that a
transfer shall not be made from a position subject to Jurisdiction
B to one that is exempt therefrom. The applicability of requiring
a qualifying examination of the enployee as a prerequisite to the
transfer shall be as determined by the Personnel Officer in
reviewing whether desirable minimum starrlards of the position have
been met.
section 4.2 Voluntarv Reductions
A voluntary reduction shall be defined as the approved request
of an enployee for an appointment to a vacant position having an
assigrnnent to a lower pay grade from the position previously
occupied by the enployee immediately prior to the new
appointment. The status of the affected enployee shall not be
changed as a result of the new appointment; provided, however,
that a voluntary reduction may not be made from a position subject
to Jurisdiction B to one that is exenpt therefrom. The
applicability of requiring a qualifying examination of the
enployee as a prerequisite to approval of a request for a
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'voluntary reduction shall be as determined by the Personnel
Officer in reviewing whether desirable minimum standards of the
position have been met.
Section 4.3 Demotions
A demotion shall be defined as the involuntary reduction in
rank or grade am shall be made only for cause. No demotion shall
be made without the Appointing Authority first having reviewed a
statement for cause as submitted by the Department Head having
supervisory control of the employee. Said statement for cause
shall be given in writing to the affected employee. The status of
a demoted employee shall be detennined in the same manner as
provided by the rule on voluntary reductions, above.
DISCIPLINARY ACl'IONS
Section 5.0 SUbstance Abuse Policv
It is the city of CUpertino's policy that employees shall not
report to work under the influence of alcohol or chugs; have in
their possession such substances, sell or provide drugs or alcohol
to any other employee or person while such employee is on duty or
subject to being called, or have their ability to work ilTpaired as
a result of the use of alcohol or drugs. Enployees are expected to
be in compliance with the Drug Free workplace program adopted by
resolution by the City Council.
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section 5.1 Warninq Notices
At the discretion of the Deparbnent Head having supervisory
control warning notices in writing may be prepared and served on
an employee for minor infractions of regulations or for
unacceptable conduct. A copy of each such warning notice so
served will be foIWarded to the Personnel Officer who will retain
it with other personnel records of the offending employee. SUch
records may be used to substantiate subsequent, more serious
disciplinary actions. The misconduct of an offending employee
shall be reviewed for indication of improvement or correction.
Such information will be retained with other personnel records for
a period of three years only.
Section 5.2 SUSPensions
A Deparbnent Head having supervisory control may suspend an
employee without pay for serious or repeated infractions of
regulations. SUch suspensions may not exceed thirty (30) days
in any twelve (12) month period without the right of the employee
to file an appeal with the Appointing Authority for a hearing on
the matter. (See Section 6.3 Who Mav AJJœal)
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Nothing contained herein shall preclude the right of the
Department Head to require an employee to cease work inunediately
and leave the work premises without pay when such action by the
Department Head is in the interest of safeguarding the health,
safety and welfare of the City, its employees, citizens and their
properties.
section 5.3. Dismissal
An employee may be dismissed by a supervising Department Head
for substantiated cause when it is deemed to be in the best
interest of the City. Upon verbal or written notice of dismissal
an employee shall be required to leave the work premises with loss
of all rights and privileges of employment. An employee holding
certified status may appeal the dismissal to the Appointing
Authority within three (3) workin;¡' days from date of notice of
dismissal. If no appeal is initiated within the specified period,
the dismissed employee shall be discharged from employment.
Section 5.4 Discharqes
An employee shall be discharged from employment with the City
after dismissal without appeal or after denial of an appeal by the
Appointing Authority. An employee so discharged shall lose all
pays, rights and privileges of employment with the City on the
effective date of notice of dismissal. A written statement of the
causes of discharge and dismissal shall be prepared for the
employee's personnel records and a =py given to the affected
employee .
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'section 5.5 !Me Process
In each an:} e:very instance involving the issuance of warning
notices, suspensions or the dismissal or discharge of an employee,
such will not be effectuated without the employee first having
been given in writing the basis for such action being taken an:}
the opportunity to question the reasons therefore of his
supervisor or Deparbnent Head. Said opportunity shall be as soon
as it is practical after having been served the written notice an:}
shall not constitute any lllnitation othm:wise available through
the grievance or appeal procedure.
APPEAIS AND HEARINGS
Section 6.0 Form of Appeal
All appeals to the Appointing Authority shall be in writing
an:} shall be signed by the employee.
Section 6.1 FilincJ of Appeal
'!he filing of an appeal to the Appointing Authority shall be
accamplished by the submission of the signed written document to
the Personnel Officer who shall be responsible for the issuance of
proper notifications.
section 6.2 Representation
An employee submitting an appeal to the Appointing Authority
may be represented by a person of his choosing or may elect to
represent himself; provided, hCMe:ver, that when an employee is to
be represented by another person the name of that person shall be
made known to the Appointing Authority at least three days prior
to the scheduled hearing. SUbstitution of representation may only
be as permitted by the Appointing Authority.
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section 6.3 Who Mav APpeal
Arrý enployee may file an appeal with the Appointing Authority
as the final step of the grievance procedure, for suspensions
exceeding thirty (30) days in any twelve (12) month period, or
after notice of dismissal. Appeals from dismissal may be filed
only by enployees currently holding certified status at the time
of dismissal.
section 6.4 Hearims on APpeals
If deemed necessary, hearings may be held on appeals by the
Appointing Authority. '!he =nduct of such hearings shall be as
determined necessary by the Appointing Authority to best evaluate
each appeal on its merits.
section 7.0 GRIEVANCE PROCEIXJRE
Definition and Procedure A grievance is a dispute or
difference of opinion raised by an enployee against the City
involving the meaning, inteJ:pretation or application of the
express provisions of an applicable Memorandum of Understanding
or the Rules on Conditions of Errployment or existing work rules.
A grievance shall be processed in the following manner:
step 1: Any enployee who has a grievance shall submit it
designated as a grievance to the enployee's iJnmediate supe:rvisor,
who is designated for this purpose by the City. '!he supe:rvisor
shall give the enployee an oral answer within five (5) calendar
days after such presentation.
step 2: If the grievance is not settled in Step 1 and the
enployee wishes to advance the grievance to step 2 of the
grievance procedure, it shall be refe=ed in writing to the
enployee's next highest supe:rvisor within five (5) calendar days
after the supe:rvisor's oral answer, or answer due in step 1, and
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shall be signed by the aggrieved employee and the employee's
'designated representativejUnion Business Agent. The written
grievance shall contain a c:onplete statement of the facts, the
provision of the Mem::>randum of Urrlerstarrll.n] or work rules which
the City is alleged to have violated and the relief requested.
The supervisor or other person designated for this pœ:pose shall
discuss the grievance within five (5) calendar days with the
employee and the employee's designated representative at a time
nn.¡tually agreeable to the parties. If no settlement is reached,
the supervisor or other person designated for this purpose shall
provide the employee a written answer within five (5) calendar
days following their meeting.
step 3: If the grievance is not settled in step 2 and the
employee wishes to appeal the grievance to step 3 of the grievance
procedure, it shall be referred in writing to the employee's
Department Head within five (5) calendar days after the
supervisor's answer in step 2 and shall be signed by both the
aggrieved employee and the employee's designated representative.
The Department Head shall discuss the grievance within five (5)
calendar days with the employee and the employee's designated
representative at a time nn.¡tually agreeable to the parties. If no
settlement is reached, the Department Head shall give the city's
written answer to the employee within five (5) calendar days
following their meeting.
step 4: If the grievance is not settled in step 3 and the
employee wishes to appeal the grievance to step 4 of the grievance
procedure, the employee's designated representative may refer the
grievance to adviso:ry mediation as described below within 14
calendar days after the decision is provided at the third step.
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(1) The parties shall attenpt to agree upon an advisory
arbitrator within seven (7) calendar days after receipt of the
notice of referral. In the event that parties are unable to agree
upon an advisory arbitrator within said seven (7) day periro, the
parties shall iromediately jointly request the state Mediation and
Conciliation Service to submit a panel of five (5) advisory
arbitrators. Each party retains the right to reject one panel in
its entirety and request that a new panel be submitte:i. Both the
employee's designate:i representative and the city shall have the
right to strike two (2) names from the panel. '!he party
requesting advisory arbitration shall strike the first two names:
the other party shall then strike two names. The person remaining
shall be the advisory arbitrator.
(2) The advisory arbitrator shall be notified of hisjher
selection and shall be requeste:i to set a time and place for the
hearing, subject to the availability of the employee's designate:i
representative and the city representative.
(3) The city or the employee's designated representative have
the right to request the arbitrator to require the presence of
witnesses or documents. The city and the employee's designated
representative retain the right to employ legal counsel.
(4) The advisory arbitrator shall submit hisjher
recommendation in writing within thirty (30) days following the
close of the hearing or the submission of briefs by the parties,
whichever is later.
(5) More than one grievance may be submitte:i to the same
advisory arbitrator if both parties mutually agree in writing.
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(6) 'lhe fees and expenses of the advisoI:)' arbitrator and the
cost of a written transcript shall be divided equally between the
City and the employee's designated representative; provided,
hOlYever, that each party shall be responsible for compensating its
own representatives and witnesses.
Limitations on Authority of Adviso:rv Arbitrator 'lhe advisoI:)'
arbitrator shall have no right to ameJ'Kl, m:xlify, nullify, ignore,
add to, or subtract from the provisions of the MeInOranchnn of
Understarrling. 'lhe advisoI:)' arbitrator shall consider and decide
only the question of fact as to whether there has been a
violation, misinterpretation, or misapplication of the specific
provisions of this Agreement. 'lhe advisoI:)' arbitrator shall be
empowered to deteJ:mine the issue raised by the grievance as
submitted in writing at the Second step. 'lhe advisoI:)' arbitrator
shall have no authority to make a reconnœndation on any issue not
so submitted or raised. The advisoI:)' arbitrator shall be without
power to make reconnœndations contrary to or inconsistent with, in
any way, applicable laws or rules and regulations of
administrative bodies that have the force and effect of the law.
'lhe advisoI:)' arbitrator shall not in any way lllnit or interfere
with the powers, duties and responsibilities of the city under law
and applicable court decisions. 'lhe recommendtion shall be
advisoI:)' only to the Appointing Authority. 'lhe Appointing
Authority will make the final decision.
A'I'I'ENDANCE AND lEAVES OF ABSENCE
Section 8.0 Hours of Work
The nonnal work week shall be Monday through Friday. The
nonnal work day shall be from 8:00 a.m. to 5:00 p.m. with one (1)
hour off for lunch.
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A variance to the normal work week or work day may be
established by the Department Head with the written approval of
the Appointing Authority when such is deemed by the Appointing
Authority to be in the best interest of the city. Any such
variance shall identify the positions to which it applies and
shall be filed with the Persormel Officer. 'Ihe normal work week
shall be 40 hours in seven days.
section 8.1 Holidavs
The following named holidays shall be considered as non-work
days:
(a) New Year's Day
(b) washington's Birthday
(c) Memorial Day
(d) Indeperrlence Day
(e) labor Day
(f) Veteran's Day
(g) Thanksgiving Day
(h) Friday following Thanksgiving Day
(i) Christmas Eve (1/2 shift on regular work days only)
(j) Christmas Day
(k) New Year's Eve (1/2 shift on regular work days only)
(1) Martin lllther King Day
section 8.1. 2
In addition to the foregoing paid holidays, eligible employees
shall be allowed to schedule 20 hours as additional holiday leave
not to be taken in increments of less than 4 hours. This floating
holiday leave shall be taken at dates of the employee's selection,
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,
provided that:
1) prior supervisory approval be obtained, and 2)
before the end of the 2nd pay period in December of each calendar
year. For new employees, floating
holiday leave will be pro-rated the calendar year in which they
were hired in the following manner:
(a) Employees hired after January 1 but on or before March 31
shall be entitled to 20 hours floating holiday leave in that
calendar year.
(b) Employees hired on or after April 1 but on or before
September 30 shall be entitled to 10 hours of floating holiday
leave in that calendar year.
(c) Employees hired on or after October 1 but before December
31 will not be entitled to floating holiday leave in that calendar
year.
Section 8.1. 3
When a holiday or a non-work day falls on a Saturday the
preceding Friday shall be observed as the non-work day and when a
holiday falls on a Sunday the following Monday shall be observed
as the non-work day.
section 8.1. 4
Nothing contained herein shall preclude the right of the
Department Head with the approval of the Appointing Authority to
reschedule work assigrunents or hours of work to meet emergency
situations and other administrative necessities caused by the
observance of a holiday or non-work day or period; provided,
however, that all such affected employees are duly compensated for
said rescheduled work assigrunents.
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section 8.1. 5
Employees whose nonnal work day is at variance with the nonnal
work hours specified in Section 8.0 of these rules may be
compensated for the differential shift hours their duties
require. '!he Appointing Authority may establish suitable
administrative policies and guidelines for this compensation.
section 8.1. 6 Holidav Pav
In order for an employee to receive his regular pay for a
holiday or designated non-work day, work ImJSt be performed on the
regular scheduled day before and the regular scheduled day after
the holiday or designated non-work day. Employees on vacation,
injw:y leave, approved short tenn leave of absence, with or
without pay, or who submit satisfacto:ry evidence of personal
illness shall be considered as working their regular schedule for
pay purposes.
Section 8.2 Vacations
All employees, other than those holding temporary status,
whose work assignment is of a recurring nature of not less than a
nonnal work week shall a=e vacation credits.
After six months of continuous employment, a=ed vacation
may be taken with the prior approval of the Department Head.
Vacation leave ImJSt be taken in no less than 2 hour increments.
[)]ring the first three years of employment, an employee shall
earn vacation credit on the basis of 5/6 work day, or the hourly
equivalent, for each camplete month of continuing savice.
[)]ring the fourth year of employment, an employee shall earn
vacation credit on the basis of 1 1/4 work days, or the hourly
equivalent, for each campleted month of continuing savice.
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DJring the tenth year of employ¡ænt, an employee shall earn
vacation credit on the basis of 1 5/12 work days, or the hourly
equivalent, for each completed month of =ntinuing service.
DJring the fifteenth year of employ¡ænt and thereafter an
employee shall earn vacation credits at the rate of 1 2/3 work
days, or the hourly equivalent, for each month of completed
=ntinuous service.
DJring the twentieth year of employ¡ænt and thereafter, an
employee shall earn vacation credits at the rate of one and five
sixths (1 5/6) work day or the hourly equivalent for each month of
completed =ntinuous service. An employee may can:y over to the
next year any portion of vacation credit but shall be lllnited to
not more than that which was earned during the previous year.
An employee may a=rue no more vacation credit than twice the
annual rate being earned.
On tennination of employment or on receiving a leave of
absence of more than three (3) months an employee shall be
~ted for all earned but unused vacation a=rued at the time
of tennination or at the start of said leave of absence. Unused
vacation may not be used to extend final employment date beyond
the annual rate being earned.
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'Ihe a=1 of vacation credits for those employees whose no:nnal
work week is of not less than one-half (1/2) time shall be
prorated a=rding to the time of the recurring work assignment as
to the no:nnal work week.
Enployees may convert, on a once per calen:Jar year basis,
IIDused vacation time for payment subject to the following
conditions:
1. 'Ihe employee must have an earned vacation of a minimum of
15 days.
2. Any payments made for IIDused vacation will be subject to
all appropriate taxes arrl deductions as determined by the
Finance Deparbnent.
3. Minimum exchange will be 1 day, maximum exchange will be
5 days. All changes are irrevocable.
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section 8.3 Sick Leave
All full time employees, other than those holding temporary
status, shall earn eight (8) hours per Ironth sick leave time
without limit on accumulation. '!hose pennanent employees working
less than full time (at least 20 hours per week) shall earn in one
Ironth the number of hours of sick leave they would nonnally work
in one day or the equivalent without limit on accumulation.
Employees absent without pay for a:rry reason for Irore than forty
(40) hours during a calernar Ironth shall not earn sick leave
benefits for that Ironth.
Sick leave may be utilized due to the employee's personal
illness, injury, maternity, or sickness or injury in the innnediate
family. Immediate family is defined as spouse and children.
Employees shall, whenever possible, make appointments for medical,
dental, and similar purposes on non-work hours. If this is not
possible, sick leave may be used for these purposes.
With proper notice and approval of the supervisor, sick leave
shall be taken in periods of no less than one-half hour
increments.
Employees will have the option, subject to approval, of
=rwerting sick leave to vacation leave on a two-to-one basis.
The maximum allowable exchange will be 96 hours of sick time for
48 hours of vacation leave per calernar year. Minimum exchange
will be 8 hours sick leave for 4 hours of vacation. An employee
may =rwert sick leave in excess of 320 hours to vacation leave on
a one-to-one basis to a rnaxllnum of 48 hours and a mini.nn.Im of 4
hours
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As a corrlition of COlWerting sick leave to vaction, all
employees will be required to use at lease one-half of vacation
accrued during the previous twelve months.
SUch colWersion, either to exchange sick leave for vacation or
vice versa shall be subject to the following conditions:
1. All requests to exchange sick leave for vacation time
shall be submitted in writing to the Department Head at
least 60 calendar days in advance of interrled vacation
utilization.
2. '!he granting of such exchange and subsequent use will be
at the discretion of the Department Head.
3. If twelve (12) months have elapsed since approval of the
exchange of sick leave for vacation, and the employee has
not been pennitted the use of the COlWerted vacation
time, (after submitting at least one written request for
utilization) the employee will have the right to
re-COlWert the vacation time to sick leave in reverse
ratio to the original exchange. '!his exchange will be
allowed onlv for previously COlWerted sick time to
vacation and will not be pennitted for regularlya=roed
vacation time.
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4. If an employee, after COlWerting sick leave to vacation
time, exhausts all of hisjher remaining sick leave due to
injury or illness, he/she may make a written request to
the Department Head to re-COlWert vacation time to sick
leave on a reverse ratio basis. Approval will be subject
to an assessment by the Department Head as to the
validity of the illness/injury ani whether or not a
written physician's statement attesting to the
illness/injury is required will be at the sole option of
the Department Head.
5. If the employee's vacation a=n¡al exceeds the maxiInurn
allowable a=n¡al, he/she will have the option to
re-COlWert vacation time back to sick leave on a reverse
ratio basis. SUch re-colWersion shall be limited to
previously colWerted sick leave/vacation ani may not
exceed the amount necessary to reduce the a=rued
vacation to the maxiInurn allowable. Regularly a=rued
vacation time will not be eligible for this re-COlWersion
to sick leave ani any regularly a=rued vacation time
a=rued in excess of the maxiInurn allowable will be
disallowed ani not subject to utilization by the
employee.
NOI'E: As used in this d=ument, "reverse ratio" is intended to
mean that the ratio of sick leave to vacation will revert
to the original ratio at the time the initial exchange
was ilnplemented.
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Section 8.3.1 Personal leave
'!he City shall allow a=umula~ sick leave to be used for
conducting personal business which cannot be conducted outside
regular working hours, .
'lhe employee must request leave, if non-erærgency, at least
forty-eight (48) hours (two working days) prior to the tllne of
utilization giving the reason for the request on the fom
presently provided. In cases of emergency, the forty-eight (48)
hour notification pr=edure may be waived by the iImnediate
supervisor, provided the fom is comple~ and the reason for the
request is sta~ upon return.
section 8.3.2 F71MILY lEAVE
'Ihe city of CUpertino will be in compliance with state and
Federal leave laws.
Section 8.3.3 Bereavement leave
Employees shall be gran~ paid bereavement leave not to
exceed three (3) work days upon the occasion of death of a close
relative. Close relatives are defined as II1Other, father, sister,
brother, wife, husband, child, grarrlparent, grandchildren,
m:>ther-in-lawand father-in-law.
Section 8.3.4 Absence Notification
An employee is expected not to absent himself from work for
any reason other than personal illness without making prior
arrangements with his supervisor. Unless prior arrangements are
made, an employee, who for any reason, fails to report for work
must make a sincere effort to i111mediately notify his supervisor of
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his reason for being absent. If the absence, whether for personal
illness or otherwise, is to continue beyond the first day, the
employee must notify the supervisor on a daily basis unless
otherwise arranged with his supervisor. In proper cases,
exceptions will be made.
Any unauthorized absence of an employee from duty shall be
deemed to be an absence without pay and will be grounds for
disciplinary action by the Department Head. In the absence of
such disciplinary action, any employee who absents hllnself for
three days or more without authorized leave shall be deemed to
have resigned. SUch absence may be covered, however, by the
Department Head by a fOllowing grant of leave with or without pay
when extenuating circumstances are found to have existed.
Section 8.3.5 Unused sick Leave
The city shall pay an employee for unused balance of sick
leave upon retirement, or termination for other than just cause,
a=rc1ing to the following schedule:
1. If upon retirement, which shall require the formal filing
of the appropriate forms with the Public Employees
Retirement System,an employee has at least 320 hours of
a=rued sick leave a cash payment shall be made
equivalent to seventy-five percent (75%) of the dollar
value of the unused sick leave balance. The dollar value
for such payment shall be calculated at a wage rate which
is the average of the p~;ng five (5) years for the
employee.
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2. If upon termination for other than discharge with just cause,
an employee has at least 320 hours of accrued sick leave a
cash payment shall be made equivalent to fifty percent (50%)
of the dollar value of the unused sick leave balance. The
dollar value for such payment shall be calculated at a wage
rate which is the average of the preϘing five (5) years for
the employee.
Section 8.4 Leaves of Absence
Leaves of absence without pay not to exceed three (3)
consecutive work days may be granted to an employee by his
Department Head. SUch leaves of absence in excess of three (3)
consecutive work days shall require the prior approval of the
Appointing Authority. All such leaves of absence in excess of ten
(10) work days shall have the prior written approval of the
Appointing Authority and shall be reported to the Persormel
Officer on the appropriate fom provided.
Section 8.5 Militarv Leave
MilitaIy leave shall be granted in a=ordance with the
provisions of state law.
All employees entitled to militaIy leave shall give their
supervisor an opportunity, within the limits of the militaIy
requirement, to determine when such leave shall be taken.
section 8.6 Jurv D.ltv
Enployees called for jw:y duty shall be paid the difference
for such non-work time between the base salæ:y they would have
earned had they not been required to serve or be in attendance and
the base salæ:y, exclusive of any mileage allowance, received for
such service.
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section 8.7 TemPOrary Disability Benefits
Arrý errployee sustaining an injury arising out of, or in the
course of, the perfonnance of his job and who carmot work at the
duties and responsibilities normally assigned to that job is
entitled to receive temporary disability payments as prescribed by
state law.
Any errployee entitled to receive temporary disability payments
may elect to supplement such payments with an amount not to exceed
that which is the errployee's weekly earnings or weekly earning
capacity by use of sick leave payments to the extent that such
sick leave has been a=ed to the errployee's a=unt.
section 8.8 PrecmanCV Disability Leave
A pregnant errployee is entitled up to four (4) months leave of
absence without pay for temporary disability resulting from
pregnancy, miscarriage, childbirth or rea::wery therefrom.
Employees shall take unpaid leave of absence during such leave
except that a=ed vacation pay and sick leave may be taken at
the option of the errployee.
As with all other temporary disabilities, a physicians
certificate is required to verify the extent and duration of the
temporary disability.
An errployee who plans to take a pregnancy leave must give a
reasonable notice (not less than four (4) weeks) before the date
she expects to take the leave and the estimated duration of the
leave. The city will pay health and welfare benefits at the same
rate as prior to the leave until the errployee is released by her
physician to return to work or for sixty (60) days, whichever
comes first.
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section 8.9 Adoption Leave:
Upon request a leave of absence without pay for up to four (4)
weeks will be granted to adoptive parents. Accrued vacation pay
and sick leave may be taken at the option of the employee during
this leave time. 'Ihe City will pay health and welfare benefits at
the same rate as prior to the leave.
Section 8.9.1 CatastroPhic Leave
1. 'Ihe city will form a committee to establish a definition
of catastrophic or life-threatening illness. 'Ihis
committee will evaluate each individual case when it is
submitted to qualify to receive funds. 'Ihe only
limitation is that the employee must be the one facing
the illness. 'Ihe committee has the right to ask the
applicant to submit further documentation from their
physician to determine the applicant does suffer a
catastrophic or life-threatening illness.
2. All benefitted employees who have passed initial
probation with the city will be eligible to receive
assistance. An employee does not have to be a
contributor to be eligible. An employee or their
representative ImlSt complete a prescribed application
form together with supporting medical documentation to
the Persormel Office when applying for funds.
3. A recipient ImlSt have used all of their available leave
hours before he/she is eligible.
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4. The minimum t:iJæ an employee COlÙd receive funds would be
one week. The maximum amount is two months (DID becomes
available at this t:iJæ) .
5. Vacation leave will be the only leave that nay be
donated. An employee nay not donate vacation leave hours
which would reduce hisjher total a=ued leave balances
to less than 120 hours. All leave donations are
:i=evocable.
6. A vacation transfer drive will be held once a year for
employees to donate vacation leave. Transfers nay be in
increments of 1 hour or more. All donations will be
confidential. There will be no selling or coe=ion of
employees to donate. If the bank is depleted a vacation
transfer drive nay be held at the request of the
Committee.
7. Donated vacation leave hours will be corwerted to cash
and deposited in a t:iJæ-bank where it will be available
for distribution. Interest accruing from the bank shall
be credited to the t:iJæ-bank. Checks will be issued to
the recipient with the regular payroll, which will keep
them in an active employment mode with the city. This
procedure prevents overpayments or co=ections since it
comes after the actual leave has been taken. (Corwersion
allows for adjustments for different rates of pay.) No
employee shall receive payment for more than 100% of
their regular pay.
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Section 8.9.2 Attendance
Errployees shall be expected to report for work proITptly at the
start of each work period arrl to perform their given work
assigrunents diligently until the ern. of that work period. An
employee who is not able to do so shall so advise his supervisor
of that fact at the earliest possible tiIOe after that fact is
known to hÍ111jher. Abuse of attendanœ requirements may be grounds
for appropriate disciplinary action.
section 8.9.3
Adequate arrl proper attendance records shall be maintained for
each employee which records shall form the basis for payroll arrl
accounting requirements.
section 9.0 overtiIOe
It shall be the policy of the City to keep overtiIOe at a
mininn.nn. When situations arise which require an employee to
perform outside of the normal work week, compensation shall be
made in one of the following ways.
Section 9.1 Non-Exempt overtiIOe
All approved work performed by employees in excess of 40 hours
in a seven day work week, shall be paid at the overtime rate of
one arrl one-half (1 1/2) times the normal rate of pay. Work
performed on regularly scheduled days off, City Holidays or during
an employee's scheduled vacation shall be considered to be
overtiIOe arrl paid accordingly. At the employees discretion,
compensatory tiIOe off may be granted for overtiIOe worked at the
rate of tiIOe arrl one-half for each hour worked in lieu of
compensation in cash.
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Compensatory tilne may be a=ued up to 60 hours. Any
compensatory tilne remainin;J on the books after this tilne will be
paid off in cash at the rate of tilne am one-half.
Þúry overtilne worked after the first pay pericxi in December am
before the first pericxi of the next calendar year lIU.ISt be paid off
in cash at the rate of tilne am one-half.
section 9.2 Manaqement am Confidential üvertilne
Management am confidential employees are ineligible for
overtilne payments. However, no deduction from leave balances are
made when such employee is absent less than a regular work day.
Section 9.3 Stand-by-PaY
Employees who are required to make themselves available for
beÌ11g called back to work outside the nonnal work pericxi shall be
compensated for such stand-by assignment at the rate of $100.00
per week for each week so assigned.
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OiliER (X)NJ)ITIONS OF EMPlDYMENT
Section 10.0 Continuous se:rvice
Continuous service shall be defined as the uninte=upted
service of an employee from the date of his latest appointment to
the then present time. Continuous service shall be broken through
death, dischaJ:ge, resignation, retirement or layoffs exceeding
twelve (12) months duration without the employee having been
reinstated. Continuous service shall be inte=upted through a
leave of absence without pay exceeding ten (10) work days, layoffs
and suspensions exceeding ten (10) work days
Section 10.1 Reimbursement for Travel and Other ExPenses
Employees who are required to use their personal vehicles for
City business shall be reimbursed for such use at an appropriate
rate to be determined by a schedule adopted by the city Council.
SUbmission of a request for reimbursement must be approved by the
Deparbnent Head.
Exceptions to the foregoing paragraph are: City Manager,
Deparbnent Heads, Assistant City Engineer, Traffic Engineer,
SUperintendent of Public Works, Recreation SUpervisors, aIilding
Official and the Public Information Officer whose pay rate
includes an allowance for the use of their personal vehicles.
However, should any of the identified persons travel in excess of
two hundred miles round trip they would be eligible for
reimbursement at the established rate.
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section 10.1. 2 Reimbursements
Employees who are required to advance personal funds for the
purchase of m:iIlor materials and supplies or for other approved
services during the performance of or arising out of the duties
assigned to the employees work shall be reimbursed for funds so
expended. The Appointing Authority may prescribe such
administrative J:Ules and regulations governing the allowable kinds
and amounts of such reimbursable expenditures and the methods and
procedures usable to substantiate and process submitted claims.
section 10.2 Resicmations
Resignations are deemed accepted and irrevocable once
presented in writing to an employee's supe¡:visor or Department
Head.
Section 10.3 Lavoffs
Layoffs of employees may be made by the Appointing Authority
for lack of funds, lack of work or for other similar and just
cause. The order of layoff shall be that which, in the opinion of
the Appointing Authority, will cause the least disruption of
service to the City.
Unless otherwise prevented fram doing so as a result of
conditions or situations beyond the City's control. The City will
provide a m:iIlimum of thirty (30) days notice to any employee
subject to being laid off pursuant to the Rule on layoffs.
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Section 10.3.1 Reinstatements
The names of employees affected by layoff shall be placed on a
recall list for a period of two years in the reverse order of
layoff and shall have the first opportunity for reinstatement.
Failure to respond within ten days to a written notice of such
opportunity shall cause that name to be removed from the recall
list.
With the approval of the Appointing Authority, a pentlanent or
probationary employee who has resigned with a good work record or
an employee recalled from a list resulting from a layoff may be
reinstated within twenty-four months of the effective date of
resignation to a vacant position in the same or corrparable class
he/she previously occupied. Upon reinstatement the employee, for
all purposes, shall be considered as though they had received an
original appointment.
Section 10.4 Senioritv
Seniority shall be defined as the length of continuous sa:vice
in a given classification. Seniority shall not be affected by a
change in the allocation of a position, by a change in the class
specifications or by a change in the evaluation of the class of
positions.
Section 10.5 Traininc¡ Proc:Irams
It shall be the policy of the city to encourage employee
participation in training programs which will be of benefit to the
employee and the City in the better perfonnance of hisjher work
and as a means of providing assistance to the employee qualifying
for p=tional opportunities. The Appointing Authority may
prescribe suitable requlations and quidelines under which such
programs may be administered.
.
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Section 10.6 SUqqestion SVstem
Suggestions of employees relatin;J to the iJrq:>rovement of work
related matters shall be encouraged. The means of receivin;J,
processin;J and iJrq:>lementin;J such suggestions as well as the Jæthod
of givin;J appropriate recognition thereto shall be as prescribed
by the Appointing Authority.
Section 10.7 Hospitalization. Medical. Dental and Life
Insurance Prooran1s
It shall be the policy of the City to provide suitable group
hospitalization, medical, dental, life insurance programs and
income protection under which employees and their dependents may
be covered. The needs of the employees shall be given due
consideration.
EMPIDYEE-EMPIDYER REIATIONS
section 11 Memoranda of Understancli.m"
Rules re1atin;J to those matters of mutual interest and concern
between city management and City employees which are subject to
meetin;J and confe=in;J in good faith shall be as mutually agreed
to between the two parties and as approved by the City Council in
the Memoranda of Understanding. In the absence of such memoranda
the roles contained herein shall apply wherever applicable.
In the absence of any specific role on any given matter the City
Manager in that capacity or as the Appointin;J Authority shall
establish suitable policies by administrative regulations and
orders which shall be considered as supplemental hereto unless or
until amended or superceded.
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