CC Resolution No. 8164
RULES ON CONDITION OF EMPLOYMENT
RESOLUTION NO, 8164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE RULES ON CONDITIONS OF EMPLOYMENT
WHEREAS, the Rules on Conditions of Employment need to be
modified in order to conform with the Memoranda of Understanding
between City of Cupertino and the Miscellaneous Employees Unit
and Public Works Unit:
NOW, THEREFORE, BE IT RESOLVED that the Rules on Conditions
of Employment be amended as shown in Attachment "A" which is
incorporated in this resolution by reference.
of
the
PASSED AND ADOPTED at a regular meeting of
the City of Cupertino this 2nd day of July
following vote:
the City Council
, 1990 by
Vote
Members of the Citv Council
AYES:
Goldman, Koppel, Sorensen, Szabo, Rogers
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
~
RULES ON CONDITIONS OF EMPLOYMENT
Category
GENERAL ADMINISTRATION
RECRUITMENT AND
RETENTION
APPOINTMENTS AND
EMPLOYEE STATUS
INTER-POSITION TRANSFERS
OF EMPLOYEES
DISCIPLINARY ACTIONS
APPEALS AND HEARINGS
GRIEVANCE PROCEDURE
INDEX
Section Subject Page
1.0 Purpose 1
1.1 Policy 1
1.2 Administratj.on 1
1.3 Interpretation 2
1.4 Coyerage 2
1.5 Repeal of Existing Rules 2
1.6 Amendments to Rules 2
1.7 Effective Date 2
2.0 Techniques of Recruitment 3
2,1 Examinations 3
2.2 Eligible Lists 4
2,3 Selection of Employees 4
2.4 Appointment Approyal 5
3,0 Appointments 5
3.1 Certified Status 5
3.2 Probationary Status 6
3,3 Provisional Status 6
3.4 Temporary Status 6
3,5 Exempt Status 6
4.0 Promotions 6
4.1 Transfers 7
4.2 Voluntary Reductions 7
4.3 Demotions 8
5.0 Substance Abuse Policy 8
5.1 Warning Notices 9
5,2 Suspensiòns 9
5,3 Dismissal 10
5.4 Discharges lO
5.5 Due Process 11
6,0 Form of Appeal 11
6,l Filing of Appeal 11
6,2 Representation 11
6.3 Who May Appeal 12
6.4 Hearings on Appeals l2
7,0 .Definition and Procedure l2
Limitations on Authority
of Adyisory Arbitrator 15
Category Section Subject Page
ATTENDANCE AND LEAVES 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 Leaye 20
8.3.1 Personal Leaye 23
8.3.2 Bereavement Leaye 23
8.3.3 Absence Notification 23
8.3,4 Unused Sick Leaye 24
8.4 Leaves of Absence 25
8.5 Military Leaye 25
8.6 Jury Duty 25
8.7 Temporary Disability
Benefits 26
8.8 Pregnancy Disability Leave 26
8.9 Adoption Leave 27
8,9.1 Catastrophic Leave 27
8.9.2 Attendance 29
9.0 Overtime 29
9.1 Non-Exempt Overtime 29
9.2 Management and Confidential
Oyertime 30
9.3 Stand-by-pay 30
OTHER CONDTIONS 10.0 Continuous SerYice 30
OF EMPLOYMENT 10.1 Reimbursement for Travel 31
and Other Expenses
10,2 Layoffs 32
10.2.1 Reinstatements 32
10.3 Seniority 33
10.4 Training Programs 33
10.5 Suggestion System 33
10.6 Hospitalization. Medical.
Dental and Life Insurance
Programs 33
EMPLOYEE-EMPLOYER 11.0 Memoranda of Understanding 34
RELATIONS
CityofOJpertino
HJUS
ON
mmITIœs OF EMPLOYMENl'
GENERAL AJ::MJN.IS'mATION
Section 1,0 Pt.,..,..,.,..
'Ihe p.u:¡a¡e of these ~es shall be to prtIVide the basis of
0> ..... "1 ~ between supetVisors and eaployees as to terms
and cx:nlitians of eaployment insofar as they aœ not superseded by
a fomally adqrt:ed MeIIDraIñum of Un::!erst:andin for such terms and
oon:litions of enployment as aœ permitted for inclusion therein
un:ler the prtIVisions of 01apter 6 of the Personnel Code,
Enployer-Enployee Relations,
Section 1.1 FOlicv
'Ihe policy un:ler which these ~es shall be administered is
one of faimess I:Jot:h to the eaployee and the City and of
unifonnity of action so that all may be aware of the duties and
responsibilities of the enpl.oyee in this reg¡u:à as ~1 as the
rights and privileges of eaployment with the City,
Section 1. 2 J\dministration
'Ihe administration of these ~es is hereby invested in the
Personnel Officer subject to administrative policies as set forth
by the City Manager,who is the ARx>int:in;J Authority,
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Section 1. 3 Ir1I'ørr"......",tion
~ :intezpretation, definition or meani.n;J of any provision,
tenn or OCII'ñition contained herein shall be as set forth in
writing by the Personnel Officer whose interpretation, definition
or meaning shall be considered as being SlWlemental hereto,
Section 1. 4 Ccveraae
All officers, errp10yees and positions shall be subject to
these Rules save and except for those officers, enployees and
positions specifically ernnnerated hereinbelow,
(a) All Elected Officers
(b) City Manager
(c) Assistant City Manager
(d) City Attorney
(e) City Prœec:utor
(f) OJairmen and IIIE!I'liJers of a¡:p:>inted boards, cxmni.ssions
and ccmnittees
(g) Persons en:¡aged umer contract to SlWly expert,
professional, technical or other services,
Section 1,5 ~l of Existina Rules
All exist:in;J Rules am other policies am:ently or heretofore
in effect relatirg to those teJ:ms and oan:litions of errployment as
provided for herein are hereby rescimed am repealed,
Section 1,6 AInerDments to Rules
. .. Amerdnelttsto and m:xlifications of these Rules shall be as set
forth in the Personnel Code,
Section 1,7 Effective Dl.ta
ihese Rules shall be filed with the City Clerk on adqItion by
the City COOJx:il am shall l.écane effective imnediately
thereafter,
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REX:RJI'IMENI' AND Iæl'ENl'ION
Sectioo 2,0 Tedmial1.... of Rfor!n,ihnDnfo
Recruitment of employees for positions in the City shall be
the respollsibility of the Persamel Officer who may request the
advice and assistance of or delegate the f'u!x:tioo to a Department
Head with hisjher oc:œent, 'n1e teduù.ques and PIOC""111res of
recruitment shall be those most effective in attractin:] qualified
a¡;plicants for positions with the City without regard to race,
religioo, sex, national origin, political backgrami, or se.VlI:o'
preference,
Section 2,1 Examinations
Examinations shall be prepared and administered to test fairly
the fitness of ðR>licants, Said examinations shall be oarprised
of any one or more PI- ':"""'t'es of written, oral, physical fitness,
WlasSeIItIled or such other method as can serve the p.u:pcse of
deteDnining the skills and knowledge, qualificatioo or fitness of
the ðR>licant, '!he detetmination as to the Pl- >C"';'S'es that will be
used for each position classification shall be that of the
Persamel Officer who may cbt:ain and utilize such assistance as
may be required to fulfill the intent of this section, Said
examinations may be ........I-""titive or nch....u~tive; provided,
hC7#leVer, that advance p.lblic notice be advertised prior to each
such ........~tive examination 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 ðR>licant with
a better urñerstan:iin;J of the examination and selection process
for the position for which he/she is ðR>lyin;r,
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Section 2,2 Eliaible T.i sts
WheneVer ~tive ...".miTlatia'lS are administered the names
of SUC~"'''''ful awlicants thereto shall be placed on lists frail
which a¡;p:>inbnents therefrall shall be made during the effective
tem of the list, Eligible lists may be oonstructed so as to give
numerical rankin;¡s of SUOOCE'''ful awlicants or in catego:ry
groupings when said lists are obtained frail examinations
administered in that marmer or frail examinatia'lS administered on a
pass-fail basis,
Ðlployment lists shall remain in effect for one year urùess
exhausted sooner or abolished by the Personnel Officer, Enployment
lists may be exten:1ed for up to an additional year by actions of
the Personnel Officer,
section 2,3 Selection of EmDlovees
'!he selection of a S1lOC(""5ful awlicant for a position with
the city shall be made by the Department Head having superviso:ry
control of the position to be filled, '!he Department Head shall
recx:mnen:i such selection of the /IWOintin:J Authority who may
awrcve or ~ an a¡;p:>intment,
If the selection of a suooessful awlicant is to be made frail
an eligibility list oonstructed by numerical ranking the person
selected shall be frail one of the three highest available persons
on the list, If the selection of a ~"ful awlicant is to be
made fran an eligibility list oonstructed by catego:ry groupings
the person selected shall be frail am:n.J those available in the
highest catego:ry before a selection may be made fran a lC7lleI'
catego:ry
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sectioo 2,4 Aax>intment ADcrcval
All i3RX1L.l..ut,¡rt,s whether iran eligibility lists or not and
h.L~"tive of the type of positioo to which one is made shall be
élWroved. by the lq:pointin;¡ Authority before hAn-wnirç effective,
AProINlMENl'S AND ÐfPI.OYEE STA'lUS
sectioo 3,0 Aax>i.hl..,,,,,, Its
All a¡:p:¡L.l..ut,¡d;s to positioos subject to JUrisdictioo B of the
Personnel Code and as élWroved. by the lq:poi.nti.rxJ Authority shall
be made in one of the followin:.J named marmers and the affected
enployee shall be grantej the same status aocordi.n:Jly,
section 3,1 !"Þrt-ified status
Certified status shall be grantej to all enployees cxx::upyin;¡
positions subject to Jurisdictioo B who have 6'V'¥"OC-'~fully
cx:npleted their prå:)ationary period when either i3RX1inted iran an
eligible list or as the result of havin;¡ "'~~fully cx:npleted an
examinatioo for the i3RX1intment,
One of four jurisdictioos created by the Personnel Code,
JUrisdictioo B establishes the provisioos and cx:n:li.tioos for the
i3RX1L.l..ut,¡lt, enployment and retentioo of subject enployees on a
basis of merit and fitness, '1he followin:.J offices, . positioos and
enployees are excluded fran JUrisdictioo B: All elected offices,
City Manager, Assistant City Manager, City Attorney, city
Prcsecut:or, Chab:men and MeniJers of i3RX1inted boards, rnmdo:.o;¡ions
and o:mni.ttees, persons ergaged un:1er cootract to supply BeNices,
Department Heads, enployees cxx::upyin;¡ positioos ~ principal
joo requirement is good ¡i1ysical fitness and enployees BeNin;¡
un:1er i3RX1L.l..ut,¡1ts of provisiooal, exarpt, teuporazy or emergency
status, Clmertino, Personnel lhiA, Title XII, C1apI:er 1, Article
2, p, 2 and C1apI:er 4, Article 1, p, 8,
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Section 3,2 Pmh.<otionarv Status
PråJationary status shall be granted to all enployees
oocupy~ positions subject to Jurisdiction B who have been
a¡:pointed iran an eligibility list or when none is available as
the result of hav~ S\~afully oarpleted an examination for the
a¡:pointment, '!he prå)ationary period may be not less than three
(3) m:nths oor m:>re than twelve (12) m:nths and shall be as
specified for each class of positions unless when in the absence
of a specified duration it shall be six (6) m:nths,
Section 3,3 Provisional starn",
Provisional status shall be granted to all enployees who are
a¡:pointed on other than a tenpJrary basis to positions subject to
Jurisdiction B l::ut for which 00 eligible lists exists, Said
provisional a¡:pointments shall be teminated 00 later than one
huI'm-ed eighty (180) days after a¡:pointment,
Section 3,4 Ten1Jorarv status
'l'eI1¡Jorary status shall be granted to all enployees a¡:pointed
for work on a S'M<:ona!, less than one-half time or to other
non-pennanent work, Full time enployment in any position urx1er a
tenpJrary a¡:pointment shall not øvoeed 120 days in any twelve (12)
IOC1l1th period,
Section 3,5 ExeIrDt. Status
ExeIIpt status shall be granted to all enployees oocupy~
positions not subject to JUrisdiction B of the Personnel COde.
INTER-R)SITION'mANSFERS OF EMPIDYEæ
Section 4,0 Pì....,lJtions
A ~....",tion shall be defined as the a¡:pointment of a œrtified
or exenpt enp10yee oocupy~ a positicn in a 1CJ101er classificaticn
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to a vacant position in a higher classification, Pi....wU.ons may
be made on a nonOCo.t""titive or closed.........~tive basis
i.n~ve of the existence of eligible lists for the same
position classification which may have been constructed frau
c:pe¡¡.--o.....~tive -;l'1ations,
Section 4,1 Transfers
A transfer shall be defined as the awoinbnent of an enployee
to a vacant position havin3 an assignment to the same pay grade as
the position previoosly occupied by the enployee imnediately prior
to the transfer, 'Ihe status of the enployee so transferred shall
not be affected by the transfer; provided, however, that a
transfer shall not be made iran a position subject to Jurisdiction
B to one that is E!XE!lTpt therefrau, 'Ihe a¡:plicability of requirin3
a qualifyin3 examination of the enployee as a prerequisite to the
transfer shall be as deteDnined by the Personnel Officer in
reviewin3 whether desirable mininum stan:1ards of the position have
been met,
Section 4,2 Volunt'.A1"V Reductions
A voluntary reduction shall be defined as the ~ request
of an enployee for an awoL.~""rt; to a vacant position havin3 an
assi'~!UI""lt. to a lower pay grade iran the position previoosly
occupied by the enployee i.nmediately prior to the new
awoL.~"".t., 'Ihe status of the affected enployee shall not be
d1an;¡ed as a result of the new awoinbnent; provided, however,
that a voluntary reduction may not be made iran a position subject
to Jurisdiction B to one that is E!XE!lTpt thereiran, '!he
a¡:plicability of requirin3 a qualifyin3 examination of the
enployee as a P1-....~.ú.site to awrcval of a request for a
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voluntaIy reduction shall be as deteJ:mined by the Personnel
Officer in reviewin;J whether desirable miniJJum stan:Jards of the
position have been met,
Section 4,3 Demotions
A demotion shall be defined as the involuntaIy reduction in
rank or grade and shall be made only for cause, No demtion shall
be made without the l\R:IOintin:J Authority first havin;r reviewed a
statement for cause as subnitted by the Department Head havin;r
superviso:ry control of the eoployee, Said statement for cause
shall be given in writin:J to the affected eoployee, 'Ihe status of
a c1Em:Ited eoployee shall be deteJ:mined in the same manner as
provided by the IUle on voluntaIy reductions, above,
DISCIPLINARY ACl'IONS
Section 5,0 Snh":h"",, Abuse Poliqy
It is the City of OJpertino's policy that enployees shall not
report to work urXIer the influerw::e of alocl1ol or drugs; have in
their rœsM~ion such substances, sell or provide drugs or alocl101
to any ather enployee or person while such enployee is on duty or
subject to bein;r called, or have their ability to work jJ¡paired as
a result of the use of alocl101 or drugs, 'Ihe City of 0Jpertin0 is
ocmnitted to providin:J reasonable éif:':>'" dation to these enployees
with druq or alcx:i101 prà:>lems if that eoployee's current use of
alcx:i101 or drugs does not prevent the 1n:U.vic1ua1 iran perfcmnirg
the duties of the jà:> in question, and/or whose eoployment IoIOUld
not cause a direct threat to prq:¡erty or safety,
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'Ibis policy awlies to all enployees of and to all awlicants
for positiCl1S with the City, 'Ibis policy awlies to alcxtJol and
to all substances, drugs, or medications, legal or illegal, which
CD.Ild iDpair an enployee's ability to effectively and safely
perfoDII the f'urx:tiCl1S of the jà:¡,
Sectica 5,1 Wanrlna Nt+i........
At the discretica of the Department Head havin;J superviso:ry
control ~ ootices in writin:J may be prepared and served on
an enployee for minor infractiCl1S of regulatiCl1S or for
I.II1aCXJE!ptable oorxiuct, A <Xpy of each such ~ ootice so
served will be foIWarc!ed to the Persamel Officer who will retain
it with other persormel reoœ:\.1s of the offerxlin;J enployee, SUch
records may be used to substantiate subsequent, more serious
disciplinary actions, 'n1e misocnluct of an offerxlin;J enployee
shall be reviewed for iniicatica of inprcvement or correction,
SUch infomation will be retained with other personnel reco...ds for
a period of three years only,
Sectica 5,2 SUsDensiCl1S
A Department Head havirr;¡ supervisory control may suspen:i an
enployee without pay for serious or repeated infractions of
regulatiCl1S, SUch suspemiCl1S may not exceed thirty (30) days
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in any twelve (12) nart:h period withart: the right of the eøployee
to file an a¡:p=] with the AwointinJ Authority for a hea.rin;J on
the matter, (See Section 6,3 Who Mav ].t"O'\ø;o 1 )
Noth:in;J oantained herein shall preclWe the right of the
Department Head to require an eøployee to cease '-'Ork i11'lTl<rli'ltely
and leave the \1IOrk prPmi ~'eB withart: pay ~ suà1 action by the
Department Head is in the interest of safeguaxdin;J the health,
safety and welfare of the City, its eøployees, citizens and their
prcperties,
Sectioo 5.3. Di~iC!C!:!:IIl
An eøployee may be dismissed by a supeJ:Visin;J Department Head
for substantiated cause when it is ;,-Ad to be in the best
interest of the City, Upon velba1 or written notice of dismissal
an eøployee shall be required to leave the work premises with loss
of all rights and privileges of eøployment, An eøp10yee hold.Ïn3'
certified status may "'W""'l the ñi<:mi~~al to the Awointing
Authority within three (3) '-'Orkin;¡ days iran date of notice of
ñi<:mi~~al, If no arf"*\l is initiated within the specified period,
the ñi<:mi':'sed eøployee shall be discharged frail euployment,
Section 5,4 Di<ri\;o,.,......,
An eøployee shall be discharged iran eøployment with the City
after ñi<:mi~~al withart: art""al or after denial of an a¡:p=l by the
AwointinJ Authority, An eøployee so discharged shall lose all
pays, rights and privileges of eøployment with the City on the
effective date of notice of ñi<:mi"sal, A written statement of the
causes of discharge and ñi <:mi ~..al shall be prepared for the
eøployee's personnel records and a cqJy given to the affected
eøployee,
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Section 5,5 tue Pr>, ~ð
In each and every instance involvirg the issuance of wamirg
notices, suspensions or the dismissal or disc:haJ:ge of an enployee,
such will not be effectuated withart: the enployee first havirg
been given in writirg the basis for such action beirg taken and
the qp:>rtunity to question the reasons therefore of his
supervisor or Department Head, Said q:portunity shall be as soon
as it is practical after havirg been served the written notice and
shall not constitute any limitation otheIwise available throogh
the grievance or art""" 1 þl.........dure,
APPFAIB AND HEARINGS
Section 6,0 Fcmn of ~l
All ëq:peals to the J\Wointirg Authority shall be in writirg
and shall be signed by the enployee,
Section 6,1 Filin::r of ADDeal
'!he filing of an ëq:peal to the J\Wointirg Authority shall be
aocx:.uplished by the subnission of the signed written document to
the Personnel Officer who shall be respollslble for the issuance of
prq¡er notifications,
Section 6,2 P"'.l I?.hlation
An enployee sutmitt.in:J an art""'l to the J\Wointirg Authority
may be :t~: sl?ntE!d by a person of his c:hocsirg or may elect to
rep-:;g~ht þi-lf; provided, hcwever, that when an enployee is to
be represented by another person the name of that person shall be
made known to the J\Wointirg Authority at least three days prior
to the scheduled hearirg, SUbstitution of representation may only
be as pentÚ.tted by the J\Wointirg Authority,
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Section 6.3 Who Mav J\"""""'l
Arr:i E!l!ployee may file an aro=l with the lIRJointin;r Authority
as the final step of the grievance PI()OØo"I>1re, for suspensions
exceedin;J thirty (30) days in any twelve (12) IIa1t:h period, or
after notice of dismissal, 1I¡:p=1.. iran r!i.....i~..al may be filed
only by enployees currently holding certified status at the time
of rH~; C!ogal.
Section 6,4 Ð''''I1'';~ on Þ"""""'ls
If ...- ""I ~~azy, hearin:3s may be held on ð¡:pø"lls by the
lIRJointin;r Authority, 'Ihe cxniuct of sud1 hearin:3s shall be as
determined ~~azy by the lIRJointin;r Authority to best evaluate
each aro=l on its merits,
Section 7,0 ~ PR:) ":r · IRE
Definition and Pro=rn,..... A grievance is a di.sp.¡te or
differeœe of q>inion raised by an E!l!ployee against the City
involvin¡ the 1IIeaJ1:Ìn; ', ÌJ1teIpJ:etation or ëlR,)lication of the
express provisions of an ëlR,)licable MeIoorëuxium of Urx3erst:arx:ti
or the Rules on Conditions of Dlployment or exi.stin;r work rules,
A grievance shall be ~..t!d in the followin;J DIalU1er:
Sh>n 1: Arr:i E!l!ployee Who has a grievance shall subnit it
designated as a grievance to the E!l!ployee's Ì!lm<>r!iate super.visor,
Who is designated for this ~ by the City, '!he super.visor
shall give the E!l!ployee an oral answer within five (5) calendar
days after sud1 pœsentation,
Rt-__ 2: If the grievance is not settled in Step 1 and the
enployee wishes to advaooe the grievance to Step 2 of the
grievance prn<'\lri>re, it shall be referred in writin¡ to the
E!l!ployee's next highest super.visor within five (5) calendar days
after the super.visor's oral answer, or answer due in step 1, and
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shall be signed by the ag;Jrieved enployee and the enp1oyee's
designated r~s.se.¡Jtative,lUnioo Ibsiness 1\gent, '!be written
grievance shall contain a oœplete statement of the facts, the
provisioo of the MeI'oorandum of urderstanding or work rules which
the City is alleged to have violated and the relief requested,
'!be supervisor or other persa'1 designated for this pn:pcse shall
<1;.....'..9 the grievance within five (5) calendar days with the
enployee and the enployee's designated l"'t'L se.¡JLative at a time
11I.rt:ually a.,¡... ~~le to the parties, If no settlement is reached,
the supervisor or other persa'1 designated for this pn:pcse shall
provide the enployee a written answer within five (5) calendar
days followin;¡- their meeting,
51"..... 3: If the grievance is not settled in step 2 and the
enployee wishes to "Iff""" 1 the grievance to step 3 of the grievance
Pr'OC"'dl1re, it shall be referred in writirq to the enp1oyee's
Deparbnent Head within five (5) calendar days after the
supervisor's answer in step 2 and shall be signed by bath the
ag;Jrieved enployee and the enployee's designated representative.
'!be Deparbnent Head shall <1i.....1SS the grievance within five (5)
calendar days with the enployee and the enployee's designated
representative at a time nutually agreeable to the parties, If no
settlement is reached, the Deparbnent Head shall give the City's
written answer to the enployee within five (5) calendar days
followin;J their 11IE!etin:J,
!':t-..... 4: If the grievance is not settled in step 3 and the
enployee wishes to éIß eal the grievance to step 4 of the grievance
pt()'"'Þ<:h1re, the enployee's designated representative may refer the
grievance to advisoty mediation as described below within 14
calendar days after the decisioo is provided at the third step,
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(1) '!be parties shall atteupt to agree upcn an advisoJ:y
azbitrator within seven (7) ca1erx1ar days after receipt of the
notice of referral, In the event that parties are unable to agree
upcn an advisoJ:y azbitrator within said seven (7) day period, the
parties shall Ílllllediately jointly request the State Mediation and
O::n:iliaticn Sel:vice to sul:mit a panel of five (5) adviso:ry
azbitrators, Each party retains the right to reject one panel in
its entirety and request that a new panel be sul:mitted, Both the
enployee's designated representative and the City shall have the
right to strike bwo (2) names fran the panel, '!be party
requestin;J advisoJ:y azbitraticn shall strike the first bwo names:
the other party shall then strike bwo names, '!be person remainin;J
shall be the advisoJ:y azbitrator,
(2) '!be adviso:ry azbitrator shall be notified of hisjher
selection and shall be requested to set a time and place for the
hearing, subject to the availability of the enployee's designated
representative and the City representative,
(3) '!be City or the enployee's designated representative have
the right to request the azbitrator to require the presence of
witN>sses or documents, '!he City and the enployee's designated
representative retain the right to enploy legal ca.msel,
(4) '!be advisoJ:y azbitrator shall sul:mit hisjher
~ ···,-roation in writirg within thirty (30) days follow~ the
close of the hear~ or the sul:missicn of briefs by the parties,
Whid1ever is later,
(5) ~ than one grievance may be sul:mitted to the same
adviso:ry azbitrator if both parties IIUtually agree in writ~,
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(6) 'Ihe fees and expenses of the adviso:ry artJitrator and the
cost of a written transcript shall be divided equally between the
City and the enployee's designated :t:E4tJ: 'H!Id:dtive; provided,
hc::1Æver, that each party shall be respollsible for CultJt'llSatin:J its
own :t:~LSeJJtatives and witr-s?s,
Limitations on Authnritv of J\dvi sorv Arbitrator 'Ihe adviso:ry
artJitrator shall have no right to amem, DDdify, nullify, ignore,
add to, or subtract fran the provisions of the Memoran:1um of
t1rr:ierstancUn, '!be adviso:ry artJitrator shall consider and decide
only the question of fact as to M1ether there has been a
violation, mis:inteJ:pretation, or m:isa¡:plication of the specific
provisions of this Agl""",lIent, 'Ihe adviso:ry artJitrator shall be
E!IIpJIVered to detetmine the issue raised by the grievance as
subnitted in writin:J at the Secxn:i step, 'Ihe adviso:ry artJitrator
shall have no authority to make a r..........ut:lùatiat at any issue not
so subnitted or raised, 'Ihe adviso:ry artJitrator shall be withoot
power to ~ Z"eA.ala....ndations COIl!:ra:ry to or inconsistent with, in
any way, aR>licable laws or rules and regulations of
administrative bodies that have the force and effect of the law,
'Ihe adviso:ry artJitrator shall not in any way limit or interfere
with the powers, duties and respc4l$ibilities of the city urrler law
and a¡:plicable court decisions, 'Ihe ré...o...a..."".dU.on shall be
adviso:ry only to the ARJointin:J Authority,
Authority will make the final decisiat,
ATInmANCE AND IFAVES OF ABSENCE
Section 8,0 Hoors of t-klrk
'Ihe nonnaJ. work week shall be Ø:lrx!ay t:hra1gh Friday, 'Ihe
nonnaJ. work day shall be fran 8:00 a,m, to 5:00 p,m, with one (1)
haIr off for 11.11'1ch,
'Ihe ARJo:intin;J
-l5-
A variance to the normal 'NOrk week or work day may be
established by the Deparbrent Head with the written a¡:proval of
the A(:pointing Authority M1en sud1 is deemed by the A¡;:pointin;¡-
Authority to be in the best :interest of the City, Any such
variance shall identify the positiCl'lS to Which it a¡:plies and
shall be filed with the Personnel Officer, '!he normal 'NOrk week
shall be 40 hours in seven days,
Section 8,1 Holidavs
'!he followin;J named holidays shall be ca1Sidered as I'1OI'l-Wrk
days:
(a) New Year's Diy
(b) Washington's Birtb:!ay
(c) Mem:lrial Diy
(d) In::lepenjence Diy
(e) Labor Diy
(f) Veteran's Diy
(g) 'Ihanksgivin;¡- Diy
(h) Friday followin;J 'Ihanksqivin;¡- Diy
(i) O1ristmas Eve (1/2 shift on regular 'NOrk days only)
(j) O1ristmas Diy
(k) New Year's Eve (1/2 shift on regular 'NOrk days only)
(1) Martin I1It:her Kin;¡- Diy
Section 8,1. 2
In addition to the foregoin;¡- paid holidays, eligible E!I1ployees
shall be allowed to schedule 20 hours as additional holiday leave
not to be taken in inc:........LB of less than 4 hours, 'Ibis floatin;¡-
holiday leave shall be taken at dates of the E!1ployee's selection,
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provided that: 1) prior superviso:ry ~ be abtaiJ'Ied, and 2)
before the end of the 2nd pay period in Deo~·~ ""r of each calemar
year, For new enployees, floatinJ
holiday leave will be pro-rated the ca1emar year in which they
were hired in the follc::JWin;J manner:
(a) Ðtployees hired after January 1 J::ut on or before March 31
shall be entitled to 20 hours floatinJ holiday leave in that
calemar year,
(b) Ðtployees hired on or after April 1 J::ut on or before
Sept:enbar 30 shall be entitled to 10 hours of floatirg holiday
leave in that ca1emar year,
(c) Ðtployees hired on or after 0ct:c.tJer 1 J::ut before Dec....t.æ
31 will not be entitled to floatirg holiday leave in that calemar
year,
Section 8,1,3
When a holiday or a J'1Ol'H>'Ork day falls on a Saturday the
ptecA!jßJ Friday shall be d:JseIved as the J'1Ol'H>'Ork day and when a
holiday falls on a SUrday the f011c::JWin;J M:>nday shall be absezved
as the non~ day,
Section 8,1. 4
Nat:hin;r CCI1tained herein shall precluje the right of the
Department Head with the ~ of the Al:PJintin;J Authority to
reschedule work assi~JI1""ls or hours of work to meet E!IIIe1:gE!nCy
situations and other administrative ~sities caused by the
cbsetvanoe of a holiday or l1CII1-WOrk day or period; provided,
however, that all such affected enployees are duly 0 "1 oE>JJSated for
said rescheduled work assignments,
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Section 8.1. 5
Euployees Whose oormal work day is at variaooe with the oormal
W'Ork ha.Irs specified in Section 8,0 of these rules may be
CCIIpnSated for the differential shift ha1rs their duties
require, '!he ARx>:in'tinJ Authority may establish suitable
administrative policies and quidelines for this C'rOI{""nsation,
Section 8,1,6 Hel idav Pay
In order for an enployee to receive his regular pay for a
holiday or designated non-work day, work DJJSt be perfOJ:1œd on the
regular scheduled day before and the regular scheduled day after
the holiday or designated nan-work day, Euployees on vacation,
injuxy leave, awroved short teJ:m leave of absence, with or
without pay, or who subnit satisfacto:ry eviderx:e of personal
illness shall be considered as workin¡ their regular schedule for
pay~,
Section 8,2 Vacations
All enployees, other than those holctin;J teuporary status,
whose W'Ork assignment is of a rec:urrin¡ nature of not less than a
oormal W'Ork wek shall a=.¡e vacation credits,
After six IOOI1ths of continuous enployment, aCiCIUed vacation
may be taken with the prior approval of the Department Head,
Vacation leave DJJSt be taken in 00 less than 2 hour in:::rements,
DJrirq the first three years of esrployment, an enployee shall
eam vacation credit on the basis of 5/6 W'Ork day, or the hourly
equivalent, for ead1 cœplete month of oant:imún;r service,
DJrirq the fourth year of esrployment, an enployee shall eam
vacation credit on the basis of 1 1/4 W'Ork days, or the hourly
equivalent, for each cœpleted month of oant:imún;r service,
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nJrin;¡ the tenth year of enp1oyment, an errployee shall earn
vaœtiat credit at the basis of 1 5/12 work days, or the halrly
equivalent, for each CCIIp1eted month of ccntinuin;r service,
nJrin;¡ the fifteenth year of errployJDent and thereafter an
enployee shall earn vacatiat credits at the rate of 1 2/3 work
days, or the halrly equivalent, for each month of CCIIpleted
cxnt:inucus setvice,
An enployee may accrue no more vacatiat credit than twice the
annual rate bein;J eamed,
On tenninaticn of enployment or at receivin;¡ a leave of
absence of more than three (3) months an errployee shall be
CXIIpensated for all eamed J:ut: I.II1USed vacatiat a<:x::rued at the time
of tenninatiat or at the start of said leave of absence, Unused
vacaticn may not be used to exter¥i final enployment date beyon:I
the annual rate bein;J eamed,
'lbe acx::rual of vacation credits for those enployees whose
noI1llal work ~ is of not less than one-ha1f (1/2) time shall be
prorated aOCX>rdin:J to the time of the recurrin} work assig.a.II::IIL as
to the noI1llal work ~,
Ðtployees may CXJnVert, at a once per calendar year basis,
I.II1USed vacatiat time for payment subject to the followin]
oontitions:
1, 'lbe enployee DUSt have an eamed vacation of a miniItum of
15 days,
2, Arrr payments made for I.II1USed vacatiat will be subject to
all ~iate taxes and deductions as determined by the
Finance Deparbnent,
3, MiniDamt exå1an;Je will be 1 day, _vi",,"1I exå1an;Je will be
5 days, All d1anges are irrevocable,
-19-
Section 8,3 Sick Leave
All full time E!IIployees, other than those holclin;J t:a\p)rary
status, shall eam eight (8) hours per JOOnth sick leave time
withalt limit on aCCUl!Ulation, 'lhose pet1IIaneI1t E!IIployees workin:J
less than full time (at least 20 how:s per week) shall eam in one
mnth the J1UJJi:Jer of how:s of sick leave they 'IoICUld I'IOJ:1IIally work
in one day or the equivalent without limit on ëln-otm"ation.
Enployees absent without pay for any reason for JOOre than forty
(40) hours durirg a calen!ar mnth shall not eam sick leave
benefits for that mnth,
Sick leave may be utilized due to the enployee's personal
illness, inju:ry, maternity, or sickness or inju:ry in the i1l'mM;ate
family, IlImediate family is defined as "'l'C"1Se and dúldren,
Enployees shall, whenever possible, make a¡:p:¡intments for medical,
dental, and similar purposes on lIOI'I-WOrk how:s, If this is not
possible, sick leave may be used for these purposes,
With proper notice and a¡:proval of the supervisor, sick leave
shall be taken in· periods of no less than ane-half hour
:in::œments,
ÐIployees will have the option, subject to ¡q:provaJ., of
cxmvertirg sick leave to vacation leave on a two-to-one basis,
'!be maxiJrum allowable exd1anJe will be 96 hours of sick time for
48 hours of vacation leave per ca1en!ar year, Mi.nim..un exà1an;Je
will be 8 hours sick leave for 4 how:s of vacation, An euployee
may convert sick leaveine~'S' of 320 hours to vacation leave on
a one-to-one basis to a maxiJrum of 48 hours and a IIIÍ.niIII.Im of 4
how:s
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As a con:tition of oonverting sick leave to vaction, all
enployees will be required to use at lease one-ha1f of vacation
acx::rued durin¡ the previQ.1S twelve months,
Such CXJI'1VeI'Sion, either to exchange sick leave for vacation or
vice versa shall be subject to the followin¡ con:titions:
1. All requests to exchange sick leave for vacation time
shall be subnitted in writirJ] to the Department Head at
least 60 calen:iar days in advance of inten:1ed vacation
utilization,
2, the grant:in;J of such exchange and subsequent use will be
at the discretion of the Department Head.
3, If twelve (12) months have elapsed since awroval of the
exchange of sick leave for vacation, and the enployee has
not been pet1IÙ.tted the use of the converted vacation
time, (after subnittin;J at least one written request for
utilization) the enployee will have the right to
re-convert the vacation time to sick leave in reverse
ratio to the original exchange, 'Ibis exchange will be
allowed ~ for previQ.1S1y converted sick time to
vacation and will not be pet1IÙ.tted for re;¡ularly accrued
vacation time,
-21-
4, If an enployee, after converting sick leave to vacation
time, exhausts all of hisjher remainin:J sick leave due to
inju:ry or illness, he/she may make a written request to
the Department Head to re-ccnvert vacation time to sick
leave on a reverse ratio basis, ~ will be subject
to an '~<:~~rrt: by the Department Head as to the
validity of the illness/inju:ry and whether or not a
written Ptysician's statement attesting to. the
illness/inju:ry is required will be at the sole cption of
the Department Head,
5, If the enployee's vacation accrual ~s the maxinum
allowable accrual, he/she will have the option to
re-ccnvert vacation time back to sick leave on a reverse
ratio basis, SUch re-conversion shall be limited to
previoosly converted sick leavejvacation and may not
e.~ the aJ1D.It1t ~E'ary to reduce the a=rued
vacation to the maxinum allowable, Regularly a=rued
vacation time will not be eligible for this re-ccnversion
to sick leave and any regularly a=rued vacation time
a=rued in e.~~ of the ""'y;m"m allowable will be
disallC11V'ed am not subject to utilization by the
enployee,
NOI'E: As used in this document, "reverse ratio" is inten:Ied to
mean that the ratio of sick leave to vacation will revert
to the original ratio at the time the initial exd1arxJe
was ÌlIplemented,
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Section 8, 3 ,1 Personal ~ """"
'!he City shall allow bænty-four (24) hours of al'Y'l1lllO']ated
sick leave to be use::l for ccn::luctin;J personaJ. Wsiness Whid1
cannot: be oorxiucted outside regular 1o'OrkÏn] hours"
'!he enployee IIIJSt :request leave, if non-emergenc::y, at least
forty-eight (48) hours (t1o'O 1o'OI'Jdn;J days) prior to the time of
utilization givin] the reason for the :request on the fonn
presently provided, In cases of E!IDergenc:y, the forty-eight (48)
boor notifiœ.tia'l P1'''~'re may be waived by the i1llnøñi>\te
supervisor, provided the form is OCIIpleted and the reason for the
request is stated upon return,
Section 8, 3 ,2 RIo,...,.,..,.".,...... T '"'"'-e
Ðtployees shall be granted paid bereavement leave not to
e.~ three (3) work days upon the occasion of death of a close
relative, Close relatives are defined as 1IDt:her, father, sister,
brother, wife, husband, child, granjparent, grandchildren,
m::7t:her-in-law and father-in-law,
Section 8,3,3 Absence Notifiœ.tion
An enployee is expected not to absent himself fran 1o'Ork for
any reason other than personaJ. illness withoot makin:J prior
~ements with his supervisor, Unless prior arraJ'X]ements are
made, an enployee, ~ for any reason, fails to ¡'¥oJ!!; for 1o'Ork
IIIJSt make a sincere effort to imnediately notify his supervisor of
his reason for bein] absent, If the abse.ooe, whether for personal
illness or othetwise, is to continue beyord the first day, the
enployee IIIJSt notify the supervisor on a daily basis tmless
othetwise arran;red with his supervisor, In prqJer cases,
exceptions will be made,
-23-
Arrr unauthorized absence of an EIIployee fran duty shall be
..- -...j to be an absence withart: pay ani will be grounds for
disciplinaJ:y action by the I)epartment Head, In the absence of
sud1 disciplinaJ:y action, any enployee who absents him.:elf for
three days or II¥:>re withart: authorized leave shall be ñ"""""'d to
have resigned, Such absence may be covered, ho!oever, by the
I)epartment Head by a followin¡ grant of leave with or withart: pay
when extenI.Iat.in:J c:iJ:t:umstanœs are fClUlXi to have existed,
Section 8,3,4 Utn1~ Sick r""",~
'!he City shall pay an enployee for I.Il1lISed balarx:e of sick
leave upon retirement, or temination for other than just cause,
aocorclin:.1 to the followin¡ sd1eduJ.e:
1. If upon retirement, whidl shall require the fOl:1Dal fil:in:J
of the awrq¡riate fonns with the Public Ðtployees
Retirement system, an enployee has at least 320 ha.u:s of
accrued sick leave a cash payment shall be made
equivalent to seventy-five percent (75%) of the dollar
value of the I.Il1lISed sick leave balarx:e, '!he dollar value
for sud1 payment shall be calculated at a wage rate whidl
is the average of the pz'eCE!ding five (5) years for the
eaployee,
-24-
2, If upon tennination for other than discharge with just cause,
an enployee has at least 320 hours of a=æd sick leave a
cash payment shall be made equivalent to fifty percent (50%)
of the dollar value of the unused sick leave balance, 'lhe
dollar value for such payment shall be calculated at a wage
rate which is the average of the preoedin;J five (5) years for
the enployee,
Section 8,4 T""""",, of Absence
IBaves of absence without pay not to ~ three (3)
oonsea.ttive work days may be granted to an enployee by his
Deparbrent Head, SUdl1eaves of absence in excess of three (3)
oonsea.ttive 'w'Ork days shall require the prior a¡:proval of the
ARx>~ Authority, All such leaves of absence in e.vr--g of ten
(10) 'w'Ork days shall have the prior written a¡:proval of the
ARx>~ Authority and shall be r'¥Jcted to the Personnel
Officer on the ~riate form provided,
Section 8,5 Militarv Teave
Milita:ry leave shall be granted in aœort1ance with the
provisions of State law.
All enployees entitled to milita:ry leave shall give their
supetVisor an qp:>rtunity, within the limits of the milita:ry
requirement, to determine when such leave shall be taken,
Section 8,6 JUry D1ty
Ðlployees . called for jury duty shall be paid the difference
for such l1CI'1-'w'Ork time bet:\òeen the base salary they 'WOOld have
eamed had they not been requixed to serve or be in att:en::lance and
the base salary, exclusive of any mileage allowance, received for
such service,
-25-
Section 8.7 'I'etnr>nnnv Di"""hilitv aen..fi~
Any eaployee sustai.nin;J an injUly arisin¡ an: Of, or in the
course of, the perfomanœ of his jà:l and Who cannot work at the
duties and respu,1SÏbilities J1OJ:1nally assigned to that jà:l is
entitled to :receive t:eI!poræ:y disability pa}'lllents as prescribed by
state law,
Any eaployee entitled to receive teIIpor¡uy disability pa}'lllents
may elect to SUWlement SUd1 pa}'lllents with an éIIIIOOnt not to exœect
that Whidl is the eaployee's weekly eanún:.Js or weekly eaJ:ni.n;J
capacity by USe of sick leave pa}'lllents to the extent that SUCh
sick leave has been aCCtued to the eaployee's acx::ount.
Section 8,8 Prec:ma1'V'\l Di""'hUitv T"",u<>
A pregnant enployee is entitled up to four (4) JOOnths leave of
abseroe withart: pay for t:eI!poræ:y disability resultin¡ fran
pregnancy, )IIi ""'arriage, childbirth or reoove:ry therefran,
Ðlployees shall take I.II'Ipa.id leave of abseroe durin¡ SUd1 leave
except that aCCtued vacation pay and sick leave may be taken at
the c:ption of the eaployee,
As with all other tenporæ:y disabilities, a ¡:tlysicians
certificate is required to verify the extent and duration of the
teIIpor¡uy disability,
An enployee Who plans to take a pregnancy leave IIIJSt give a
reasc::-nable notice (not less than four (4) ~) before the date
she expects to take the leave and the estimated duration of the
leave, '!he City will pay health and welfare benefits at the same
rate as prior to the leave until the enployee is released by her
¡:tlysician to return to work or for sixty (60) days, Whid1ever
canes fixst:,
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Section 8,9 l\dcctian T A'nTø.:
Upon request a leave of absence withoot pay for up to foor (4)
weeks will be granted to adc.ptive parents, Accrued vacation pay
and sick leave may be taken at the c:ption of the employee during
this leave time, '!he City will pay health and welfare benefits at
the same rate as prior to the leave,
Section 8,9,1 Catastroåúc reave
1. '!he City will fotm a ocmnittee to establish a definition
of catast.rcpúc or life-threatenin;¡' illness, '!his
ocmnittee will evaluate each in:lividual case when it is
sul::lnitted to qualify to receive funis, '!he only
limitation is that the enployee IIIJSt be the one facin]
the illness, '!he ocmnittee has the right to ask the
~licant to sul::lnit further ñnco""""\tation fran their
¡;:hysician to detenn:ine the ~licant does suffer a
catast.rcpúc or life-threatenin;¡' illness,
2, All benefitted employees who have passed initial
probation with the City will be eligible to receive
assistance, An enployee does not have to be a
contribltor to be eligible, An E!lployee or their
14u, :seutative IIIJSt CCJlt)lete a prescribed ~lication
form together with SURX>rt.in; medical documentation to
the Personnel Office when awlyin] for funis,
3, A recipient IIIJSt have used all of their available leave
hœrs before he/she is eligible,
-27-
4, '!he min.inum time an eøployee could receive funds would be
one week, '!he maxilm.un a1ID.1I'I1: is t'NO Dart:hs (IJID beo i,_
available at this time) ,
5, Vacation leave will be the only leave that may be
donated, An eøployee may rot donate vacation leave hours
whidl would reduce hisjher total ac:crued leave balances
to less than 120 hours, All leave donations are
irrevocable,
6, A vacation transfer drive will be held once a year for
employees to donate vacation leave, Transfers may be in
increments of 1 hour or IIDre, All donations will be
confidential, '!here will be 00 sellirxJ or coercion of
eøployees to donate, If the bank is depleted a vacation
transfer drive may be held at the request of the
Ccmnittee,
7. Donated vacation leave hours will be converted to cash
and <iep:sited in a time-bank where it will be available
for distrib.rt:ion, Interest aCCt'l.lÌl'XJ fran the bank shall
be credited to the t:ime-bank, Q1eCks will be k""'<>ij to
the recipient with the regular payroll, whidl will keep
them in an active euployment DKX1e with the City. '!his
pro,..~'re prevents ovezpayments or corrections since it
canes after the actual leave has been taken, (Conversion
allows for adjustments for different rates of pay,) No
enp10yee shall receive payment for IIDre than 100% of
their regular pay,
-28-
Sectioo 8. 9, 2 Ath>nru.rx:e
Ðlployees shall be expec:t:e:i to L'T"L L for wrk ~\AI..Lly at the
start of each work period and to perfom their given work
assigrunents diligently I.D'Itil the end of that work period, An
enployee who is not able to do so shall so advise his supervisor
of that fact at the earliest possible time after that fact is
known to lúnVher, AbJse of attemance requirements may be groon::1s
for ~riate disciplinary actioo,
Sectioo 8, 9, 3
Adequate and proper attemance reCX>J:ds shall be maintained for
each enployee which recœ:ds shall fom the basis for payroll and
a~ requirements,
Sectioo 9,0 OVertime
It shall be the policy of the City to keep overtime at a
minlltum, When situations arise which require an enployee to
perfOJ:1l\ ootside of the ncmnal work week, oœpensatioo shall be
made in one of the following ways,
Sectioo 9,1 Non-Exe1TDt QIfertime
All awroved work perfonned by enployees in excess of 40 haJrs
in a seven day work week, shall be paid at the overtime rate of
one and one-half (1 1/2) times the ncmnal rate of pay, Work
perfonned 00 regularly scheduled days off, City Holidays or during
an enployee's scheduled vacatioo shall be exmsidered to be
overtime and paid accort1ingly, At the enployees discretion,
oœpensato:ry time off may be granted for overtime worked at the
rate of time and one-half for each haJr worked in lieu of
oœpensation in cash,
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l'h1p>'1Sato:ry time may be a=rueð. up to 60 hcurs, but IILISt be
taken before the 200 pay period in De<-,J oer, Any. . "1. ensato:ry
time renainin;¡' at the books after this time will be paid off in
cash at the rate of time and one-half,
Section 9,2 Manaqement and Confidential OVertime
All awroved 'WOrk in excess of the normal 1o'Ork day or normal
'WOrk æek perfonned by eup10yees oocupyin; positions officially
designated as management or confidential and rxrt: otherwise
c::acpmsated shall be c::acpmsated with t'Y'I1{""nsato:ry time off in
li.Jœ annmt for the time so~, SUå1 t'Y'I1{""nsato:ry time off
shall rxrt: be officially recorded for atten:iaooe and payroll
p.R1JOS95, and shall be taken at such ëmes within the calel'l3ar
year in which it is eamed as is DUtually ~....l upcn betwen the
euployee and the supervisin; Department Head,
Sectiat 9,3 Stand-bv-Pav
Ðtployees who are required to make tf>øm.<=lves available for
being called back to work outside the normal work period shall be
c::cII'pe1'1Séited for such stand-by assignment at the rate of $100.00
per æek for each æek so assigned,
0lHER <nIDrrIONS OF EMPIDYMENl'
Sectiat 10,0 COntinua.Js Servioe
Continucus setVioe shall be defined as the uni.nterrupted
setVioe of an euployee fran the date of his latest awointment to
the then pr'SlIlt time, Continucus setVioe shall be broken through
death, disc:harge, resignation, retirement or layoffs ~irr;r
tlæJ.ve (12) IIa1ths duration withcut the euployee havin; been
reinstated, COntinua.Js setVioe shall be interrupted through a
leave of absen::Je withcut pay ~ ten (10) work days, layoffs
and suspensions exceedin; ten (10) work days
-30-
Sectioo 10,1 Re~. for Travel and other EXDel1Ses
Enployees who are required to use their personal vehicles for
City l:usiness shall be reÌl!bU:'se:i for sud1 use at an a¡;:pl.~date
rate to be detetmined by a sd1edule adq;Jted by the City O::u'x:il.
sutmissioo of a request for reÍ11tW:'sement: DUSt be aR>J:'OVed by the
Department Head,
Exceptions to the foregoin;J paragraph are: City Mariager,
Department Heads, Assistant City En;Jineer, Traffic En;Jineer,
SUperinten1ent of Public "k>rks, Recreatioo SUpezvisors, Buildirq
Official and the Public Informatioo Officer whose pay rate
includes an allowance for the use of their personal vehicles,
HarIever, sha.tld any of the identified persons travel in excess of
b/c hun:ired miles roon:I trip they ~d be eligible for
reÍ11tW:'sement: at the established rate,
Sectioo 10,1. 2
Enployees who are required to advance personal fun: g for the
~ of minor materials and SUR>lies or for ather aR>J:'OVed
services durin;J the performan::e of or arisin;J art: of the duties
assigned to the E!!Iployees wrk shall be rein'bu:sed for fun: g so
expended,
'!be Awoint.irç Authority may prescribe sud1 administrative
rules and regulations gcvemin;J the allowable kinds and annmts of
such reblbu:sable expenditures and the methods and PL' oCe<iures
usable to substantiate and pJ..........s subnitted cla.úns,
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Section 10,2 laYOffs
layoffs of enployees may be made by the A¡p:Iintin;J Authority
for lack of fun:is, lack of 1o'Ork or f= other s:i:milar and just
cause. '!he œ:der of layoff shall be that whiàl, in the q;>inion of
the A¡p:Iintin;J Authority, will cause the least disruption of
service to the City,
Unless otherwise prevented frail ooÍßJ so as a result of
can:litions or situations beyorxi the City's control. '!he City will
provide a IIIirUJJI.m¡ of thirty (30) days notice to any enployee
subject to being laid off pn:suant to the ~e on layoffs,
Section 10,2,1 Reinstatements
'!he names of enployees affected by layoff shall be placed on a
recall list for a period of bio years in the reverse order of
layoff and shall have the first qp:>rb.lnity for reinstatement.
Failure to responi within ten days to a written notice of such
qp:>rb.lnity shall cause that name to be rem:JVed fran the recall
list,
With the a¡;proval of the A¡p:Iintin;J Authority, a permanent or
probationary enployee wiIo has resigned with a good work record may
be reinstated within twenty-four IIa1ths of the effective date of
resignation to a vacant positim in the same or ~le class
he/she previously occupied, Upa1 reinstatement the enployee, for
all pn.-pcses, shall be considered as thœgh they had received an
original a¡:p:¡intment,
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Section 10,3 Senioritv
seniority shall be defined as the lE!l'Xj1:h of <XI'ItinuaJs service
in a given classification, Seniority shall not be affected by a
d:Iarge in the allocation of a posiiton, by a d1an;¡e in the class
specifications or by a d:Iarge in the evaluation of the class of
positions,
Section 10,4 Trainina PIOOLCUlti
It shall be the policy of the City to erx:wraqe enployee
participation in t.rainin; pro,¡LCUle 'Nhich will be of benefit to the
enployee and the City in the better perfOI1llal'O! of hisjher work
and as a n-eans of provic1in] assistance to the enployee qualify~
for praootional cgx¡rtunities, '!he ARx>int:in;J Aut:hority may
prescribe suitable requlations and quidelines uOOer 'Nhich such
programs may be administered,
Section 10,5 SUaat"stion SVstern
SUggestions of enployees relatin¡ to the ÏIIprovement of work
related matters shall be eJ'1COOraged, '!he n-eans of receiv~,
process~ and inplementing such suggestions as ~l as the method
of giv~ aw:rcpriate recognition thereto shall be as prescribed
by the ARx>int:in;J Authority,
Section 10,6 HosDiblization, MPdíl"'J'll, Dent"..l and Life
Insurance PlU<.Olculti
It shall be the policy of the City to provide suitable group
hospitalizatioo, medical, dental, life :insurance 1n-UYLCUlIS and
inoc:.tne protectioo uOOer 'Nhich enployees and their dependents may
be covered, '!he needs of the enployees shall be given due
consideratioo,
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EMPIDYEE-EMPIDYER REIATIONS
Sectien 11,0 Men¥)randa of [~.·..:b.nñ;"rr
Rules relat.:iIq to those matters of DUtual interest and ooncern
bettoeen City management and City euployees which are subject to
meetin;J and oanferrin;¡ in good faith shall be as DUtually agreed
to between the two parties and as awreved by the City Camcil in
the MeIooran:1a of umerstan:tin:J, In the absence of such IDeIIIOraIXJa
the rules contained herein shall awly wherever awlicable,
In the absence of ð1¥ specific rule en ð1¥ given matter the City
Manager in that capacity or as the JIRxIintin:¡ Authority shall
establish suitable policies by administrative regulations and
ozders which shall be oansidered as suwlemental hereto unless or
until ëIII1eOOed or superoeded,
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