CC Resolution No. 7864
~,
RESOLUTION NO'___L~__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE RULES ON CONDITIONS OF EMPLOYMENT
WHEREAS, the Rule. en Cenditions ef Employment need te be
medified in erder te cenferm with the Memeranda ef Understanding
between City ef Cupertine and the Miscellaneeu. Empleyees Unit
and Public Werks Unit;
NOW, THEREFORE, BE IT RESOLVED that the Rule. en Cenditiens
ef Empleyment be amended a. shewn in Attachment "A" which is
incerperated in this reselutien by reference.
ef
the
PASSED AND ADOPTED
the City ef Cupertine
fellewing vete:
at a regular meeting ef the City Ceuncil
this __~ day of _~l~_______, 1989 by
\l!i!t.
AYES:
~.mQ.~._!i!f_th._~l~~_~!i!YQ£il
Gatto, Johnson, Koppel, Rogers, Plungy
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED:
L'LLl9.b.u..J..._~!P.!In..j.!'...______
Mayer, City ef Cupertine
ATTEST:
iaL~LQ~_~wauùiWL_____________
City Clerk
RULES ON CONDITIONS OF EMPLOYMENT
CateRory
GENERAL ADMINISTRATION
RECRUITMENT AND
RETENTION
APPOINTMENTS AND
EMPLOYEE STATUS
INTER-POSITION TRANSFERS
OF EMPLOYEES
DISCIPLINARY ACTIONS
APPEALS AND HEARINGS
GRIEVANCE PROCEDURE
INDEX
Section Subject PaRe
1.0 Purpose 1
1.1 Policy 1
1.2 Administration 1
1.3 Interpretation 2
1.4 Coverage 2
1.5 Repeal of Existing Rules 2
1.6 Amendme~ts 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 Approval 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.l Warning Notices ~
5.2 Suspensions 9
5.3 Dismissal 10
5.4 Discharges 10
5.5 Due Process 11
6.0 Form of Appeal 11
6.1 Filing of Appeal 11
6.2 Representation 11
6.3 Who May Appeal 12
6.4 Hearings on Appeals 12
7.0 Definition and Procedure 12
Limitations on Authority
of Advisory Arbitrator 15
Catep;ory Section Subject Page
ATTENDANCE AND LEAVES 8.0 Hours of Work 15
OF ABSENCE 8.1 Holidays ¡6
8.1.6 Holiday Pay 18
8.2 Vacations 18
8.3 Sick Leave 20
8.3.1 Personal Leave 23
8.3.2 Bereavement Leave 23
8.3.3 Absence Notification 23
8.3.4 Unused Sick Leave 24
8.4 Leaves of Absence 24
8.5 Military Leave 25
8.6 Jury Duty 25
8.7 Temporary Disability
Benefits 25
8.8 Pregnancy Disability Leave 26
8.9 Attendance 26
9.0 Overtime 27
9.1 Non-Exempt Overtime 27
9.2 Management and Confidential
Overtime 27
9.3 Stand-by-pay 28
OTHER CONDITIONS 10.0 Continuous Service 28
OF EMPLOYMENT 10.1 Reimbursement for Travel 28
and Other Expenses
10.2 Layoffs 29
10.2.1 Reinstatements 30
10.3 Seniority 30
10.4 Training Programs 31
10.5 Suggestion System 31
10.6 Hospitalization, Medical,
Dental and Life Inszurance
Programs 31
EMPLOYEE-EMPLOYER
RELATIONS 11.0 Memoranda of Understanding 31
City of Cupertino
RULES
ON
CONDITIONS OF EMPLOYMENT
GENERAL ADMINISTRATION
Section 1.0 EY~2º2~
The purpose of these Rules shall be to provide the basis of
common understanding between supervisors and employees as to terms
and conditions of employment insofar as they are not superseded by
a formally 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 Egli~~
The policy under which these Rules shall be administered is
one of fairness both to the employee and 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 and privileges of employment with the City.
Section 1.2 agmiQ~&i~.tiºQ
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.
-1-
,Section 1.3 lQ~~CQC~~s~iºQ
Any interpretation, definition or meaning of any provision,
term or condition contained herein shall be as set forth in
writing by the Personnel Officer whose interpretation, definition
or meaning shall be considered as being supplemental hereto.
Section 1.4 ºº~~Csg~
All officers, employees and positions shall be subject to
these Rules save and except for those officers, employees and
positions specifically enumerated hereinbelow.
lal All Elected Officers
Ibl City Manager
Icl Assistant City Manager
Cdl City Attorney
Cel City Prosecutor
If I Chairmen and members of appointed boards, commissions
and committees
CgI Persons engaged under contract to supply expert,
professional, technical or other services.
Section 1.5 B~Q~ª1_gf_s~~æ~~Qg_BY1~æ
All existing Rules and other policies currently or heretofore
in effect relating to those terms and conditions of employment as
provided for herein are hereby rescinded and repealed.
Section 1.6 em~QgmgQ~~_~g_BYlg~
Amendments to and modifications of these Rules shall be as set
forth in the Personnel Code.
Section 1.7 sffg~~~~g_ºª~g
These Rules shall be filed with the City Clerk on adoption by
the City Council and shall become effective immediately
thereafter.
-2-
,
,RECRUITMENT AND RETENTION
Section 2.0 I~~bQ!gY.ã_gf_B~~~Yi1m@Qi
Recruitment of employees 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 his/her 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 E~AmiQA1!ºQã
Examinations shall be prepared and administered to test fairly
the fitness of applicants. Said examinations shall be comprised
of anyone or more 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
examinations may be competitive or noncompetitive; provided,
however, that advance public notice be advertised prior to each
such competitive 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 applicant with
a better understanding of the examination and selection process
for the position for which he/she is applying.
-3-
'Section 2.2 S11g1º1@_b1æ~æ
Whenever competitive ex~min~tions are administered the names
of successful applicants thereto shall be placed on lists from
which appointments therefrom shall be made during the effective
term of the list. Eligible lists may be constructed so as to give
numerical
rankings of
when said
successful
lists are
applicants or
obtained from
in category
examinations
groupings
administered
in that manner or from examinations administered on a
pass-fail basis.
Employment lists shall remain in effect for one year unless
exhausted sooner or abolished by the Personnel Officer. Employment
lists may be extended for up to an additional year by actions of
the Personnel Officer.
Section 2.3 ª@1@~~lgQ_gf_smQ1Q~@@æ
The selection of a successful applicant for a position with
the City shall be made by the Department Head having supervisory
control of the position to be fi 11 ed . The Department Head shall
recommend such selection of the Appointing Authority who may
approve or disapprove an appointment.
If the selection of a successful applicant is to be made from
an eligibility list constructed by numerical ranking the person
selected shall be from one of the three highest available persons
on the list. If the selection of a successful applicant is to be
made from an eligibility list constructed by category groupings
the person selected shall be from among those available in the
highest category before a selection may be made from a lower
category
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,Section 2.4 eeeg1a~mgQ~_eee~gYêl
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.
APPOINTMENTS AND EMPLOYEE STATUS
Section 3.0 aeeg1a~mgQ~~
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 following named manners and the affected
employee shall be granted the same status accordingly.
Section 3.1 ~~~t1iigg_ªtêtYã
Certified status shall be granted to all employees occupying
positions
subject
to
Jurisdiction B who have successfully
completed their probationary period when either appointed from an
eligible list or as the result of having successfully completed an
examination for the appointment.
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One of four jurisdictions created by the E~~~ºQQ~i_~ºº~~
Jurisdiction B establishes the provisions and conditions for the
appointment, employment and retention of subject employees on a
basis of merit and fitness. The following offices, positions and
employees 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, employees occupying positions whose principal
job requirement is good physical fitness and employees serving
under appointments of provisional, exempt, temporary or emergency
status. ~Ye~~tiQºL_E~~~ºQa~l_~ºg~, Title XII, Chapter 1, Article
2, p. 2 and Chapter 4, Article 1, p. 8.
-5-
Section 3.2 E~ºbªt~ºDª~~_ªtªtY2
Probationary status shall be granted
occupying positions subject to Jurisdiction
to all employees
a 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. The 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 unless when in the absence
of a specified duration it shall be six (6) months.
Section 3.3 ~~º~i~iºa@l_§~.~Y~
Provisional status shall be granted to all employees who are
appointed on other than a temporary basis to positions subject to
Jurisdiction a but f~ which no eligible lists exists. Said
provisional appointments shall be terminated no later than one
hundred eighty (180) days after appointment.
Section 3.4 I~mQº~@~~_§~@~Y§
Temporary status shall be granted to all employees appointed
for work on a seasonal, less than one-half time or to other
non-permanent work. Full time employment in any position under a
temporary appointment shall not exceed 120 days in any twelve (12)
month period.
Section 3.5 ~~@mQ~_ª~.~Y§
Exempt status shall be granted to all employees occupying
positions not subject to Jurisdiction a of the Personnel Code.
INTER-POSITION TRANSFERS OF EMPLOYEES
Section 4.0 ~~ºmº~iºai
A promotion shall be defined as the appointment of a certified
or exempt employee occupying a position in a lower classification
-6-
to a vacant position in a higher classification. Promotions may
be made on a non-competitive or closed-competitive basis
irrespective of the existence of eligible lists for the same
position cl~ssific~tion which may have been constructed from
open-competitive examinations.
Section 4.1 I~~Qãi~~ã
A transfer shall be defined as the appointment of an employee
to a vacant position having an assignment to the same pay grade as
the position previously occupied by the employee immediately prior
to the transfer. The status of the employee 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 employee as a prerequisite to the
transfer shall be as determined by the Personnel Officer in
reviewing whether desirable minimum standards of the position have
been met.
Section 4.2 ~º!YQtà~~_B~gY£tiºQã
A voluntary reduction shall be defined as the approved request
of an employee for an appointment to a vacant position having an
assignment to a lower pay grade from the position previously
occupied by the employee immediately prior to the new
appointment. The st~tus of the affected employee shall not be
changed as ~ result of the new appointment; provided, however,
that a volunt~ry reduction may not be made from a position subject
to Jurisdiction B to one that is eXémpt therefrom. The
applicability of requiring a qualifying examination of the
employee as a prerequisite to approval of a request for a
-7-
voluntary
reduction
shall be
whether
as determined by the Personnel
desirable minimum standards of the
Officer in reviewing
position have been met.
Section 4.3 º~mº~iºc.
A demotion shall be defined as the involuntary reduction in
rank or grade and 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 determined in the same manner as
provided by the rule on voluntary reductions, above.
DISCIPLINARY ACTIONS
Section 5.0
It
is
to
ª~e~~êc~~_ae~~~_~ºli~~
the City of Cupertino's policy that employees shall not
work under the influence of alcohol or drugs; have in
report
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 impaired as
a result of the use of alcohol or drugs. The City of Cupertino is
committed to providing reasonable accomodation to those employees
with drug or alcohol problems if that employee's current use of
alcohol or drugs does not prevent the individual from performing
the duties of the job in question, and/or whose employment would
not cause a direct threat to property or safety.
-8-
This policy applies to all employees of and to all applicants
for positions with the City. This policy applies to alcohol and
to all substances, drugs, or medications, legal or illegal, which
could impair an employee's ability to effectively and safely
perform the functions of the job.
Section 5.1 ~ê~OiOg_~Q~i~~§
At the discretion of the Department 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 forwarded 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 §Y§Q~o§iQoa
A Department 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
-9-
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 ~bº_~è~_aeQ~è!)
Nothing contained herein shall preclude the right of the
Department Head to require an employee to cease work immediately
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. ºi~miæ§è!
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) working 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 ºiæ~bè~g~æ
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 copy given to the affected
employee.
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· Section 5.5 ºY~_E~Q~~~~
In each and every 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 and
the opportunity to question the reasons therefore of his
supervisor or Department Head. Said opportunity shall be as soon
as it is practical after having been served the written notice and
shall not constitute any limitation otherwise available through
the grievance or appeal procedure.
APPEALS AND HEARINGS
Section 6.0 EQ~m_Qf_eQgø@!
All appeals to the Appointing Authority shall be in writing
and shall be signed by the employee.
Section 6.1 E1!1a9_Qf_eggø@!
The filing of an appeal to the Appointing Authority shall be
accomplished 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 BøgCø~øQ~@t1QQ
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, however, 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.
-11-
Section 6.3 ~bg_~ª~_ae2~ª1
Any employee 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 employees currently holding certified status at the time
of dismissal.
Section 6.4 ~@ª~iQg~_ºQ_aee~ªl~
If deemed necessary, hearings may be held on appeals by the
Appointing Authority. The conduct of such hearings shall be as
determined necessary by the Appointing Authority to best evaluate
each appeal on its merits.
Section 7.0 §Bls~a~Qs_EBºQsQYBs
Q~fiQitiºQ___ªQg__E~º~~gy~@ A grievance is a dispute or
difference of opinion raised by an employee against the City
involving the meaning, interpretation or application of the
express provisions of an applicable Memorandum of Understanding
or the Rules on Conditions of Employment or existing work rules.
A grievance shall be processed in the following manner:
êt@2__1: Any employee who has a grievance shall submit it
designated as a grievance to the employee's immediate supervisor,
who is designated for this purpose by the City. The supervisor
shall give the employee an oral answer within five (5) calendar
days after such presentation.
ªt@2__~: If the grievance is not settled in Step 1 and the
employee wishes to advance the grievance to Step 2 of the
grievance procedure, it shall be referred in writing to the
employee's next highest supervisor within five (5) calendar days
after the supervisor's oral answer, or answer due in Step 1, and
-12-
shall be signed by the aggrieved employee and the employee's
designated representative/Union Business Agent. The written
grievance shall contain a complete statement of the facts, the
provision of the Memorandum of Understanding or work rules which
the City is alleged to have violated and the relief requested.
The supervisor or other person designated for this purpose shall
discuss the grievance within five (5) calendar days with the
employee and the employee's designated representative at a time
mutually 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.
ªt~e__~: 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 mutually 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.
ªt~e__!: 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 advisory mediation as described below within 14
calendar days after the decision is provided at the third step.
-13-
(1) The parties shall attempt 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 period, the
parties shall immediately 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 submitted. Both the
employee's designated representative and the City shall have the
right to strike two (2) names from the panel. The 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 his/her
selection and shall be requested to set a time and place for the
hearing, subject to the availability of the employee's designated
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 his/her
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 submitted to the same
advisory arbitrator if both parties mutually agree in writing.
-14-
161
cost of
City and
The fees and expenses of the advisory arbitrator and the
a written transcript shall be divided equally between the
the employee's designated representative; provided,
that each party shall be responsible for compensating its
however,
own representatives and witnesses.
b~m~iªi~ºDã__ºD__aYibº~~i~_ºf_ag~~ãº~~_a~º~i~ªiº~ The advisory
arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of the Memorandum of
Understanding. The advisory 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. The advisory arbitrator shall be
empowered to determine the issue raised by the grievance as
submitted in writing at the Second Step. The advisory arbitrator
shall have no authority to make a recommendation on any issue not
so submitted or raised. The advisory arbitrator shall be without
power to make recommendations 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.
The advisory arbitrator shall not in any way limit or interfere
with the powers, duties and responsibilities of the City under law
and applicable court decisions. The recommendtion shall be
advisory only to the Appointing Authority. The Appointing
Authority will make the final decision.
ATTENDANCE AND LEAVES OF ABSENCE
Section 8.0 ~ºY~ã_ºf_~º~~
The normal work week shall be Monday through Friday. The
normal work day shall be from 8:00 a.m. to 5:00 p.m. with one III
hour off for lunch.
-15-
A variance
established by
the Appointing
to the normal
the Department
Authority when
work week or work day may be
Head with the written approval of
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 f i 1 ed with the Personnel Officer. The normal work week
shall be 40 hours in seven days.
Section 8.1 ~Q!iQª~ã
The following named holidays shall be considered as non-work
days:
(a)
New Year's Day
(b)
(c)
(d)
(e)
Washington's Birthday
Memorial Day
Independence Day
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 Luther 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,
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
-16-
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
September 30 shall be entitled
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
after April 1 but on or before
to 10 hours of floating holiday
year.
Secti on 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
Department
reschedule
contained herein shall preclude the right of the
Head with the approval of the Appointing Authority to
work assignments 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 assignments.
-17-
Section 8.1.5
Employees whose normal work day is at variance with the normal
work hours specified in Section 8.0 of these rules may be
compensated for the differential shift hours their duties
require. The Appointing Authority may establish suitable
administrative policies and quidelines for this compensation.
Section 8.1.6 ~ºligª~_Eª~
In order for an employee to receive his regular pay for a
holiday or designated non-work day, work must be performed on the
regular scheduled day before and the regular scheduled day after
the holiday or designated non-work day. Employees on vacation,
injury leave, approved short term leave of absence, with or
without pay, or who submit satisfactory evidence of personal
illness shall be considered as working their regular schedule for
pay purposes.
Section 8.2 ~ªÇªtiºQã
All employees, other than those holding temporary status,
whose work assignment is of a recurring nature of not less than a
normal work week shall accrue vacation credits.
After six months of continuous employment, accrued vacation
may be taken with the prior approval of the Department Head.
Vacation leave must be taken in no less than 2 hour increments.
During 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 complete month of continuing service.
During 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 completed month of continuing service.
-18-
During the fifteenth year of employment 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
continuous service.
An employee may accrue no more vacation credit than twice the
annual rate being earned.
On termination of employment or on receiving a leave of
absence of more than three (3) months an employee shall be
compensated for all earned but unused vacation accrued at the time
of termination 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.
The accrual of vacation credits for those employees whose
normal work week is of not less than one-half (1/2) time shall be
prorated according to the time of the recurring work assignment as
to the normal work week.
Employees may convert, on a once per calendar year basis,
unused
vacation
time for payment subject to the following
conditions:
1. The employee must have an earned vacation of a minimum of
15 days.
2. Any payments made for unused vacation will be subject to
all appropriate taxes and deductions as determined by the
Finance Department.
3. Minimum exchange will be 1 day, maximum exchange will be
5 days. All changes are irrevocable.
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Section 8.3 31~~_b~ê~~
All full time employees,
stAtus, shAll earn eight (8)
without limit on accumulation.
other thAn those holding temporary
hours per month sick leAve time
Those permanent employees working
less than full time (at least 20 hours per week) shall earn in one
month the number of hours of sick leave they would normAlly work
in one day or the equivalent without limit on accumulation.
Employees absent without pay for any reason for more than forty
(40) hours during a calendar month shall not earn sick leave
benefits for that month.
Sick leave may be utilized due to the employee's personal
illness,
injury, maternity, or sickness or injury in the immediate
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
converting 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 calendar year. Minimum exchange
will be 8 hours sick leave for 4 hours of vacation. An employee
may convert sick leave in excess of 320 hours to vacation leave on
a one-to-one basis to a maximum of 48 hours and a minimum of 4
hours
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As a condition of converting sick leave to vaction, all
employees will be required to use at lease one-half of vacation
accrued during the previous twelve months.
Such conversion, 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 intended vacation
utilization.
2. The 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 permitted the use of the converted vacation
time,
(after submitting at least one written request for
utilization)
the
employee
will have the right to
re-convert the vacation time to sick leave in reverse
ratio to the original exchange. This exchange will be
allowed
ºQ!~ for previously converted sick time to
vacation and will not be permitted for regularly accrued
vacation time.
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4. If an employee, after- conver-ting sick leave to vacation
time, exhausts all of his/her- r-emaining sick leave due to
injur-y or- illness, he/she may make a wr-itten r-equest to
the Depar-tment Head to r-e-conver-t vacation time to sick
leave on a r-ever-se r-atio basis. Appr-oval will be subject
to an assessment by the Depar-tment Head as to the
validity of the illness/injur-y and whether- or- not a
wr-itten physician's statement attesting to the
illness/injur-y is r-equir-ed will be at the sole option of
the Depar-tment Head.
5. If the employee's vacation accr-ual exceeds the maximum
allowable
accr-ual,
he/she will have the option to
r-e-conver-t vacation time back to sick leave on a r-ever-se
r-atio basis.
Such r-e-conver-sion shall be limited to
pr-eviously conver-ted sick leave/vacation and may not
exceed
the
amount necessar-y to r-educe the accr-ued
vacation to the maximum allowable. Regular-ly accr-ued
vacation time will not be eligible for- this r-e-conver-sion
to sick leave and any r-egular-ly accr-ued vacation time
accr-ued in excess of the maximum allowable will be
disallowed and not subject to utilization by the
employee.
NOTE: As used in this document, "r-ever-se r-atio" is intended to
mean that the r-atio of sick leave to vacation will r-ever-t
to the original r-atio at the time the initial exchange
was implemented.
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Section 8.3.1 E~~2ºQª1_b~ª~~
The City shall allow twenty-four (24) hours of accumulated
sick leave to be used for conducting personal business which
cannot be conducted outside regular working hours,.
The employee must request leave, if non-emergency, at least
forty-eight (48) hours (two working days) prior to the time of
utilization giving the reason for the request on the form
presently provided. In cases of emergency, the forty-eight (48)
hour notification procedure may be waived by the immediate
supervisor, provided the form is completed and the reason for the
request is stated upon return.
Section 8.3.2 ~~~~ªY~m~Qi_b~ªY~
Employees
exceed three
shall
(3)
be granted paid bereavement leave not to
work days upon the occasion of death of a close
relative. Close relatives are defined as mother, father, sister,
brother, wife, husband, child, grandparent, grandchildren,
mother-in-law and father-in-law.
Section 8.3.3 aº2~Q~~_~ºiifi~ªiiºQ
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 immediately notify his supervisor of
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
-23-
disciplinary action by the Department Head. In the absence of
such disciplinary action, any employee who absents himself 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 8.3.4 YQYægº_§i~~_bgèyg
The City shall pay an employee for unused balance of sick
leave upon retirement, or termination for other than just cause,
according 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
accrued 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 preceding five (5) years for the
employee.
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
preceding five (5) years for the employee.
Section 8.4 bgªygæ_ºf_a~ægQ~g
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)
-24-
consecutive work days shall require the prior approval of the
Appointing Authority.
(10) work days shall
Appointing Authority
Officer on the appropriate form provided.
Section 8.5 ~!!!tª~~_k@ê~@
Military leave shall be granted in accordance with the
provisions of State law.
All employees entitled to military leave shall give their
supervisor an opportunity, within the limits of the military
requirement, to determine when such leave shall be taken.
Section 8.6 ~~~~_º~t~
Employees called for jury duty shall be paid the difference
for such non-work time between the base salary they would have
earned had they not been required to serve or be in attendance and
the base salary, exclusive of any mileage allowance, received for
such service.
Section 8.7 I@meg~ª~~_º!~ªQ!!!t~_ª@Q@f!t~
Any employee sustaining an injury arising out of, or in the
All such leaves of absence in excess of ten
have the prior written approval of the
and shall be reported to the Personnel
course of, the performance of his job and who cannot work at the
duties and responsibilities normally assigned to that job is
entitled to receive temporary disability payments as prescribed by
State law.
Any employee entitled to receive temporary disability payments
may elect to supplement such payments with an amount not to exceed
that which is the employee's weekly earnings or weekly earning
capacity by use of sick leave payments to the extent that such
sick leave has been accrued to the employee's account.
-2:5-
Se~tion 8.8 E~~gQªQ~~_º1§ªº1!1i~_b~ª~~
A pregnant employee is entitled up to four (4) months leave of
absen~e without pay for temporary disability resulting from
pregnancy, mis~arriage, ~hildbirth or recovery therefrom.
Employees shall take unpaid leave of absence during su~h leave
except that accrued vacation pay and si~k leave may be taken at
the option of the employee.
As with all other
certificate is required
temporary disabilities, a physi~ians
to verify the extent and duration of the
temporary disability.
An employee 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 employee is released by her
physician to return to work or for sixty (60) days, whichever
comes first.
Section 8.9 BiìgOºªOçg
Employees shall be expected to report for work promptly at the
start of ea~h work period and to perform their given work
assignments diligently until the end 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 time after that fact is
known to him/her. Abuse of attendance requirements may be grounds
for appropriate disciplinary action.
Section 8.9.1
Adequate and proper attendance records shall be maintained for
each employee which records shall form the basis for payroll and
ac~ounting requirements.
-26-
Section 9.0 º~@~iim@_
It shall be the policy of the City to keep overtime at a
minimum. When situations arise
perform outside of the normal
made in one of the following ways.
Section 9.1 ~ºa=s~@mQi_º~@~iim@
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 and 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
overtime and paid accordingly. At the employees discretion,
compensatory time off may be granted for overtime worked at the
rate of time and one-half for each hour worked in lieu of
which require an employee to
work week, compensation shall be
compensation in cash.
Compensatory time may be accrued up to 60 hours, but must be
taken before the 2nd pay period in December. Any compensatory
time remaining on the books after this time will be paid off in
cash at the rate of time and one-half.
Section 9.2 ~êaªg~m~Qi_ªQ~_ǺQfi~~Qiiªi_º~~~iim~
All approved work in excess of the normal work day or normal
work week performed by employees occupying positions officially
designated as management or confidential and not otherwise
compensated shall be compensated with compensatory time off in
like amount for the time so worked. Such compensatory time off
shall not be officially recorded for attendance and payroll
purposes, and shall be taken at such times within the calendar
year in which it is earned as is mutually agreed upon between the
employee and the supervising Department Head.
-27-
Section 9.3 eiªDº=º~=Eª~
Employees who are required to make themselves available for
being called back to work outside the normal work period shall be
compensated for such stand-by assignment at the rate of $100.00
per week for each week so assigned.
OTHER CONDITIONS OF EMPLOYMENT
Section 10.0 gºDiiDYºY~_e@~~i~~
Continuous service shall be defined as the uninterrupted
service of an employee from the date of his latest appointment to
the then present time. Continuous service shall be broken through
death, discharge, resignation, retirement or layoffs exceeding
twelve (12) months duration without the employee having been
reinstated. Continuous service shall be interrupted through a
leave of absence without pay exceeding ten (10) work days, layoffs
and suspensions exceeding ten (10) work days.
Section 10.1 B~im2Y~~@m@D~_fº~_I~ª~~!_ªDº_º~b@~_g~e@D~@~
Employees who occasionally 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 Department Head.
Section 10.1.1
a) Employees, other than Department Heads who are required to
use their personal vehicle for City business on a recurring and
often basis shall, with the approval of the Appointing Authority
be reimbursed at the rate of fifty dollars ($50) per month for the
given number of miles to be determined by a schedule adopted by
the City Council at the established rate per mile for each mile in
excess of the aforementioned mileage reimbursement of $50.00.
-28-
b) Employees other than Department Heads who were hired prior
to March 22, 1973 and who are reimbursed for the use of their
personal vehicle for City business at the rate of seventy-five
dollars ($7~) per month for such use shall continue to receive
said reimbursement without the requirement of reporting a record
of mileage incurred on City business. The exception to this
paragraph shall be the Assistant City Engineer and the Assistant
to the City Manager who shall be reimbursed at a rate of one
hundred dollars ($100) per month.
c) Department Heads who are not provided a City automobile
shall be reimbursed for the use of their personal automobile for
City business at the rate of one-hundred fifty dollars ($1~0) per
month and at an appropriate rate to be determined by a schedule
adopted by the City Council for each mile in excess of an amount
also to be determined by the City Council (see Resolution *5006,
dated May 24 1979).
Section 10.1.2
Employees who are required to advance personal funds for the
purchase of minor 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.
Section 10.1.3
The Appointing Authority may prescribe such administrative
rules 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 bê~Q!!§
Layoffs of employees may be made by the Appointing Authority
-29-
fo~ lack of funds, lack of wo~k o~ fo~ othe~ simila~ and just
cause. The o~de~ of layoff shall be that which, in the opinion of
the Appointing Autho~ity, will cause the least dis~uption of
se~vice to the City.
Unless othe~wise p~evented f~om doing so as a ~esult of
conditions o~ situations beyond the City's cont~ol. The City will
p~ovide a minimum of thi~ty (30) days notice to any employee
subject to being laid off pu~suant to the Rule on layoffs.
Section 10.2.1 ß~iaæigi~m~aiæ
The names of employees affected by layoff shall be placed on a
~ecall list fo~ a period of two years in the reverse o~de~ 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 pe~manent or
probationary employee who has resigned with a good work record may
be reinstated wilthin twenty-four months of the effective date of
resignation to a vacant position in the same o~ comparable class
he/she previously occupied. Upon reinstatement the employee, for
all purposes, shall be considered as though they had received an
o~iginal appointment.
Section 10.3 ª~aiQ~ii~
Seniority shall be defined as the length of continuous service
in a given classification. Seniority shall not be affected by a
change in the allocation of a posiiton, by a change in the class
specifications or by a change in the evaluation of the class of
positions.
-30-
Section 10.4 I~ª1a1ag_E~ºg~ªm2
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 performance of his/her work
and as a means of providing assistance to the employee qualifying
for promotional opportunities. The Appointing Authority may
prescribe suitable requlations and quidelines under which such
programs may be administered.
Section 10.5 ªygg@2t1Qa_ª~2t@m
Suggestions of employees relating to the improvement of work
related matters shall be encouraged. The means of receiving,
processing and implementing such suggestions as well as the method
of giving appropriate recognition thereto shall be as prescribed
by the Appointing Authority.
Section 10.6 ~Q2Q1tª11~ªt1Qa~_~@º1£èl~_º@atª1_ªaº_bif@
la2YCèD£@_EcQgCèm2
It
shall
be
the policy of the City to provide suitable group
medical, dental, life insurance programs and
under which employees and their dependents may
needs of the employees shall be given due
hospitalization,
income protection
be covered. The
consideration.
EMPLOYEE-EMPLOYER RELATIONS
Section 11.0 ~@mQCªDºè_Qf_YDº@C2tèDºiD9
Rules relating to those matters of mutual interest and concern
between City management and City employees which are subject to
meeting and conferring 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 rules contained herein shall apply wherever applicable.
-31-
In the absence of any specific rule on any given matter the City
Manager in that capacity or as the Appointing Authority shall
establish suitable policies by administrative regulations and
orders which shall be considered as supplemental hereto unless or
until amended or superseded.
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