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CC Resolution No. 4768 ~ RESOLUTION N0. 4768 • ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE RULES ON CONDITIONS OF EMPLOYMINT WHEREAS, the Rules on Conditions of Employment contain provisions for Hollday Pay, Temporary Disability Benefits, Personal Leave, Personal Leave Conversion, Due Process, Layoffs and Reinstatement; and WHEREAS, modifications in these provisions are necessary in order to conform to Memoranda of Unders[anding signed by the City of Cupertino and the Miscellaneous Employees Unit and the Public Works Unit; NOW, THEREFORE, BE IT RESOLVED [hat Section 5.3 of the Rules on Conditions of Employment is added to read: Section 5.3 In each and every instance involving the issuance of 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 wri[ing the basis for such action being taken and the opportunity to question the reasons therefore of his supervisor or department head. Said opportuni[y shall be as soon as i[ is practical after having been served [he written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedure. BE IT FURTHER RESOLVED [hat Section 8.16 of [he Rules on Conditions of Employment is hereby amended to read: Section 8.16 Holiday Pay 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. BE IT FURTHER RESOLVED that Section 8.3. of the Rules on Conditions of Employment shall be amended to read: Section 8.31 Personal leave may be used by the employee for personal illness; for supplementing the amount payable as temporary disability; for non-work [ime occasioned by appointmen[s for medical and dental treatments and office visits; for illness or death of inembers of the employee's immediate family; for periods of emergency within the employee's household necessitating his absence Erom work; and, for o[her matters of urgent personal business which canno[ be taken care of outside of working hours which in [he opinion of the department head justifies the employee being e~cused from work. Resolution No. 4768 • • BE IT FURTHER RESOLVED that Section 8.34 of the Rules on Cunditions of Employment shall be amended to read: ~ Section 8.34 The City shall pay an employee for unused balance of personal leave upon retirement, or termination for other than ,just cause, according to the following schedule: 1. Upon retirement, which shall require the formal filing of the appropriate forms with the Public Employees Retirement System, a cash paymen[ equivalent to sixty- five percent (65z) of the dollar value of Che unused personal leave balance exceeding Eor[y days. 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. Upon termination for other than discharge with just cause, a cash payment equivalent [o fifty percent (SOY.) of the dollar value of the unused personal leave balance exceeding forty days. The dollar value for such payment shall be calculated at a wage ra[e which is the average of the preceding five (5) years for the employee. BE IT FURTHER RESOLVED that Sections 8.8 and 8.81 of the Rules on Con- ditions of Employment shall be amended to read: Section 8.8 Temporary Disability Benefits Any employee sustaining an injury arising out of, or in the course of, the performance of his job and who cannot work at [he duties and responsibilities normally assigned to that job is entitled [o receive [emporary disability payments pursuant to provisions contained herein. Temporary disability payments shall be made for one week in advance as wages on the fourth day after the injured employee leaves work as a result of the injury; hoaever, if the injury causes disability of more than twenty-one consecutive days or necessitates hos~itallca~iuu, tu~ cempor- ary disability payments shall be made from the first day the injured employee leaves work as a resul[ of the injury. Amounts payable as temporary disability payments shall be based upon the injured employee's weekly earnings, or his weekly earning capacity at the Cime of [he injury, multiplied by 66_667 percent; pro- vided, however, no such paymen[s shall be less than for[y-nine dollars per week nor more than one hundred fifty-Eour dollars per week or as otherwise may be established by law. Aggregate disability paynen[s for a single injury causing temporary disability shall not extend for more than two hundred for[y compensable weeks within a period of five years from the da[e of the injury. SECTION 8.8i: USE OF PERSONAL LEAVE TO SUPPLEMENT TEMPORARY DISABILITY PAY1~fE:1TS Any employee entitled to receive temporary disability payments may elect to supplement such paymen[s wi[h an amount not to exceed [hat which is the employee's weekly earnings or weekly earning capacity by use of personal leave payments [o the extent tha[ such personal leave has been accrued to the employee's account. ' - 2 - • • Resolution No. 4768 ' . BE IT FURTHER RESOLVED [hat Section 10.1 of the Rules on Conditions of ' Employment shall be amended to read: ' Section 10.1 Reimbursement for Travel and Other Expenses Employees who occasionally are required to use their personal auto- mobiles Eor City business shall be reimbursed for such use at [he rate of seven[een (17C) cents per mile on the submission of a request approv:l by the department head. 1 ~ Sec[ion 10.11 a) Employees other than department heads who are hired on and after March 22, 1973 and who are required to use their personal automobiles Eor City business on recurring and often basis shall, wi[h the approval of the City Manager, be paid in reimbursement [herefore aC the rate of fifty ($SO) dollars per month for the first four hundred (400) miles of such use ~ in each calendar month and a[ the rate of seventeen (17~) cents per mile : for each mile of such use in excess of four hundred (400) miles in each ~ calendar month; provided, however, that a record of all mileage for the ~ use of personal automobiles on City business shall be filed with the ' Department of Administrative Services on forms provided by that Depart- ~ ment as a prerequisite to any such reimbursemen[. I b) Employees other Chan department heads who were hired prior to , Narch 22, 1973 and who are reimbursed for the use of their personal auto- . mobiles for City business at the rate of seventy-five ($75) dollars per month for such use shall continue to receive said reimbursement withou[ the requirement of reporting a record of mileage incurred on Ci[y busi- ness. Any such employee may, however, within thirty (30) days of the effective date of this amended Rule elect to be reimbursed pursuan[ to the provisions and conditions of subsection a., above, by so informing • the Director of Administrative Services in writing of such elec[ion. . c) The excep[ion [o the foregoing paragraph shall be for the Building Official who shall be reimbursed a[ a rate of seventy-five ($75) dollars per month. d) Department heads who are not provided a City automobile shall be reimbursed for [he use of their personal au[omobile for City business at the rate of seven[y-five ($75) dollars per month and seventeen (17C) cents per mile for each mile of such use in excess of four hundred (400) miles in each calendar month. Section 10.12 Employees who are required to advance personal funds for the purchase of minor materials and supplies or for o[her approved services during the performance of or arising out of the duties assigned to the employee's work shall be reimbursed Eor funds so expended. Section 10.13 The City Manager may prescribe such administrative rules and regu- lations governing the allowable kinds and amounts of such reimbursable expendi[ures and the methods and procedures usable to substantiate and process submitted claims. BE IT FURTHER RESOLVED [hat Sec[ions 10.2 and 10.21 of the Rules on Condi- [ions of Employmen[ be amended to read: i - 3 - ! ~ • Resolution No. 4768 i ' Section 10.2: I.~IYOFFS Layoffs of employees may be made by the Appointing Authority for lack of funds, lack of work or for other similar and just cause. The order of layoff shall be that which, in the opinion of the e~ppointing Authority, will cause the least disruption of service to the City; (Subject to the provisions of Section 13 and Resolution No. 4193) provided, however, that within any given position classification employees whose salaries or wages are Eunded in par[ or whole by Federal employment grants shall be laid off first before employees . holding certified status and who occupy positions funded from sources other than Federal employment grants. • Unless otherwise prevented from doing so as a result of condi- ; tions or situations beyond the City's control, the Ci[y will provide i a minimum of thir[y (30) days notice to any employee subject to being , laid off pursuant to the Rule on layoffs. 1 Section 10.21: REINST~TEhtENTS The names of employees affected by layoff shall be placed on a recall list for a period of [vo years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten days to a written notice of such opportuni[y shall cause that name to be removed from the recall list. Employees whose salaries and wages are funded in part or whole by Federal employment grants and who are laid off shall not be eligible for reinstatement until all o[her employees whose names are on the recall list have been given the opportunity for reinstatement and have re,jected [he offer. PASSED AND ADOPTED at a regular meeting of the Ci[y Council of the City of Cupertino this 7th day of August , 1978, by [he following vote: Vo[e Members of the City Council AYES: Meyers, 0'Keefe, Rogers, Sparks, Jackson NOES: None ABSENT: None ABSTAI:~ : None ATTEST: APPROVED: .l ~ ~ ~ ~ G~s~`~i.~, ~ - ~ eputy y er yor, City of Cupe ~