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
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BE IT FURTHER RESOLVED that Section 8.34 of the Rules on Cunditions of
Employment shall be amended to read:
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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.
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• • 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.
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~ 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:
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~ • 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:
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G~s~`~i.~, ~ - ~
eputy y er yor, City of Cupe
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