CC Resolution No. 5330 ~ ~ .
. RESOLUTION N0. 5330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITPERTINO
AMENDING THE MANAGEMENT COMPENSATION PROCRAM
WHEREAS, the City Council desires to modify the reimbursement schedule
for eligible persons under the Management Compensation Program for attendance
at conferences, mee[ings and [raining sessions; and
WHEREAS, the City Council desires to increase the City's contribution
toward group hospi[al and medical insurance to $115.00 per month per eligible
employee; and
WHEREAS, the City Council desires to increase the life insurance benefi[
[o $30,000 for all eligible employees;
NOW, THEREFORE, BE IT RESOLVED [hat the Management Compensa[ion Program
be amended as shown in At[achment "A" which is incorporated in [his resolution
by this reference.
PASSED AND ADOPTED at a regular mee[ing of the City Council of the City
of Cupertino this 7rd day of .tnne , 1980 by [he following vote:
Vo[e Members of the Ci[y Council
AYES: Gatto, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
~
ASSTAIN: None
APPROVED:
ol~~' r Cit of u,e ti
Y . Y P
ATTEST:
Ciry Clerk
j ~ ~
i •
: I N D E X
~ Category Section Sub ec[ Pa e .
i
, ~ GEA'ERAL ADMINISTRATION
~ 1.0 Purpose 1
1.1 Policp 1
1.2 Administration 1
~ 1.3 Interpretation 1
~ 1.4 Coverage 2
; 1.5 Repeal of Existing Rules 2
i 1.6 Amendments to Rules 2
1.7 Effective Date 2
RECRUITMENT AND
RETENTION
~ 2.0 Tecnniques of Recruitment 3
~ 2.1 Er.aminations 3
2.2 Eligible Lists 3
2.3 Selection of Employees 4
i 2.4 Appointment Approval 4
~ APPOI;~T2~~TTS AND
E?iPLOTEE STATUS
3.0 Appointments 5
~ 3.1 Certified Status 5
~ 3.2 Probationary Status 5
I 3.3 Provisional Status 6
i 3.4 Temporary Status 6
3.5 Exempt Status 6
' INTER-POSITION TRANSFERS
OF EMPLOYEES
' 4.0 Promotions 7
4.1 Transfers 7
' 4.2 Voluntary Reductions 7
' 4.3 Demotions 8
DISCIPLINARY ACTIONS
5.0 Warning Notices 9
' S.1 Suspensions 9
' S.11 Dismissal 9
5.2 Discharges 10
5.3 Due Process 10
' APPEALS AND HEARINGS •
b.0 Form of Appeal 11
b.l Filing of Appeal 11
6.2 Representation 11
6.3 Who May Appeal 11
, 6.4 Hearings on Appeals 11
' GRIEVANCE PROCEDURE
7.0' Definition 12
7.1 Procedure 12
8/1/78
City of Cupertino
• RULES •
• ON
CONDITIONS OF ErIPLOYME:IT
GENERAL ADMI:IISTRATION
' Section 1.0. Purpose
The purpose of these Rules shall be to provid0 the basis of common understanding
between supervieors and employees as to terms and conditions of employmen[ 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as they are not superseded by a formally adopted Memorandum of Understanding for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
i the provisions of Chapter 6 of the Personnel Code, Employer-Employee Relations.
Section 1.1. Po1icY
The policy under crhich 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
I aware of the duties and responsibilities of the employee in this regard as well
as the rights and privileges of employment wich the City.
Section 1.2. Administration
The administration of [hese Rules is hereby invested in the Personnel Officer
subject to administrative policies as set forth by the City Manager, who ia the
Appointing authority.
Section 1.3. Interpretation
Any interpretation, definition or meaning of any provision, tertn or condition
contained herein shall be as set forth in writing by [he Personnel Director vhose
incerpretatlon, definition or meaning shall be considered as being supplemental
hereto.
8/1/80
~ ~
I N D E X
Category Section Sub ect Pa e
~ GE:IERAL ADMINISTRATION
1.0 Purpose 1
1.1 Polic~ 1
1.2 Administration 1
1.3 Interpretation 1
1.4 Coverage 2
1.5 Repeal of Eaisting Rules 2
1.6 Amendments to Rules 2
' 1.) Effective Date 2
RECRUITMENT AND
RETENTIOr
2.0 Techniques of Recruitment 3
2.1 Faaminations 3
2.2 Eligible Lists 3
2.3 Selection of Employees 4
2.4 Appointmen[ Approval 4
APPOINTtft\TS A,vD
E?IPLOTEE STATUS
3.0 Appointments 5
3.1 Certified Status 5
3.2 Probationary Status 5
3.3 Provisional Status 6
3,4 Temporary Status 6
3.5 Exempt Status 6
I23TER-POSITION TRANSFERS
OF EMPLOYEES
4.0 Promotions 7
4.1 Transfers 7
4.2 Voluntary Reductions 7
4.3 Demotions 8
DISCIPLINARY ACTIONS
5.0 Warning Notices 9
5.1 Suspensions 9
5.11 Dismissal 9
5.2 Discharges 10
5.3 Due Process 10
APPEALS AND HEARINGS
6.0 Forto of Appeal 11
6.1 Filing of Appeal 11
6.2 Representation 11
6.3 Who May Appeal 11
6.4 Hearings on Appeals 11
GRIEVANCE PROCEDURE
7.0~ Definition 12
7.1 Procedure 12
8/1/78
~ ~
Catectorv Section Sub ect PaRe
aTTENDANCE A~~ID LEAVES ~ ~
OF ABSENCE
8.0 Hours of Work 14 ~
8.1 Holidays 14
8. 17 Hollday Pay ' 15
8.2 Vacations 16
8.3 Sick Leave 18
8.31 Personal Leave ' 18
8.32 Bereavement Leave 18
8.33 Absence Notification 19
8.34 Unused Sick Leave 19
8.4 Leaves of absence 20
8.5 Military Leave 20
8.6 Jury Duty 20
8.7 Temporary Disability BeneEits 20
8.8 Use of Personal Leave to
5upplement Temporary Disabil-
ity Payments 21
8.9 Attendance 21
9.0 Overtime 21
9.1 Non-Exempt Qvertime 21
9.2 Exempt, Non-Pianagement Overtime 22
9.3 Management and Confidential
Overtime 22
9.4 Stand-by Pay 22
OTHER CONDITIONS
OF E."lPLOY:fE:VT
10.1 Continuous Service 23
10.1 Reimbursement for Travel and
Other Expenses 23
10.2 Layoffs 25
10.21 Reinstatements 25
10.3 Seniority 26
' 10.4 Training Programs 26
10.5 Suggestion System 26
10.6 Hospitalization, Medical, Dental
and Life Insurance Programs 26
ElPLOYEE-EMPLOYER
REI..ITIONS
11.0 Memoranda of Understanding 27
8I1/80
City of Cupertino
• RULES •
• ON
CONDITIONS OF EMPLOYME.IT
GEVERAL ADMIYISTRATION
' Section 1.0. Purpose
The purpose of these Rules shall be to provide the basis of comtaon underscanding
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 Che Personnel Code, Employer-Employee Relations.
Section 1.1. Polic
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 ducies and responsibilities of the employee in this regard as well
as the rights and privileges of employment with the City.
Sec[ion 1.2. Administration
The administration of these Rules is hereby invested in the Personnel Officer
subject to administrative policies as set forth by the City "fanager, who is the
Appointing Authority.
Section 1.3. Interpretation
Any interpretation, definition or meaning of any provision, term or condition
contained herein shall be as set forth in writing by the Personnel P:rector whose
interpretation, definition or meaning shall be considered as being supplemental
hereto.
8/1/80
Section 1.4. Coverage • •
All officers, employees and positions shall be subject to these Rules
save and except for those officers, employees and positions specifically
enumerated hereinbelow.
(a) All elected Officers
(b) City Manager '
(c) Assistant City Manager
(d) City Attorney
(e) City Prosecutor
(f) Chairmen and members of appointed boards, commissions and
committees
(g) Persons engaged under contzact to supply e~pert, professional,
technical or other services.
Section 1.5. Repeal of Existing Rules
All existing Rules and other policies currently or heretofore in effecc
relating to those terms and conditions of employment as provided for herein
are hereby rescinded and repealed.
Section 1.6. Amendments to Rules
Amendments to and modifications of these Rules shall be as set forth in
the Personnel Code.
Section 1.7. Effective Date
These Rules shall be filed with the City Clerk on adoption by the Citq
Council and shall become effective immediately thereafter.
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RECRUIT;IENT tV~D RETE~ON ~
Section 2.0. Techniques of Recruitment
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 £unction to a department head with his consent. The
~ techniques and procedures of recruitment shall be those most effective 1n
~ attrac[ing qualified applicants for positions with the City without zegard to
race, religion, sex, national origin or political background.
il
Section 2.1. Examinations
Examinations shall be prepared and administered to test fairly the fitness
of applicants. Said eacaminations shall be comprised of any one 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 tha[ of the Personnel Oificer
who may ob[ain 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 is applying.
Section 2.2. Eligible Lists
Whenever competitive examinations are administered the names of successful
applicants thereto shall be placed on lists from which appointments therefrom
shall be made during che effective term of the list. Eligible lists may be
constructed so as to give numerical rankings of successful applicancs or in
8/1/80
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category groupings when sa~ lists are obtained from exami~ions administered
in thac manner or from examinations administered on a pass-fail basis.
Section 2.3. Selection of Employees
The selection of a successiul applicant for a position with the City '
shall be made by the department head having superLisory control of Che position
I to be filled. The department head shall recommend such selection of the
Appointing Au[hority who may approve or disapprove an appointment.
If the selection of a successful applicant is to be made from an
eligible list constructed by numerical ranking the person eelected shall be
from one oE the three highest available persons on the llst. If the selection _
~
of a successful applicant is to be made from an eligible list constructed
by ca~egory groupings che person selected shall be from among those available
in the highest category before a selection may be made from a lower category.
Section 2.4. Appointment Approval
All appointments whether from eligible lists or not and irrespective
of the type of posi[ion to which one is made shall be approved by the
Appointing Au[hority before becoming effective,
8/1/73
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APPOI:ITPIEDITS AND FMPLQYEE STATllS ~
Section 3.0. Appointments
~
i . •
All appointments to positions subject to Jurisdiction B1 of che Personnel
' Code and as approved by the Appointing Authority shall be made in one of the
i
i following named manners and che affected eaployee shall be granted the same
status accordingly.
Section 3.1. Certified Status
j Certified status shall be granted Co all employees occupying positions
I
~ subject to Jurisdiction B who have successfully completed their probationary
i periud ahen either appointed from an eligible list or as the result of
I
i having successfully completed an examination for [he appoin[~ent.
Section 3.2. Probationarv SCatus
f
I Probationary status shall be gran[ed to all empLoyees occupying positions
i
subject to Jurisdiction B who have been appointed from an eligible List or
i
~ when none is available as the result of having successfully completed an
~
~ examination for the appoin[ment. The probationary period may be not less
I
i
~ than three (3) months nor more than twelve (12) months and shall be as
I
specified for each class of positions unless when in [he absence of a specified
duration it shall be six (6) months.
lOne of four jurisdictions created by the Personnel Code. Jurisdiction B
establishes the provisions and conditions for the appointment, employment and
' retention of subject employees on a basis of inerit and fitness. The following
j offices, positions and employees are excluded from Jurisdiction B: All elected
, offices, City Manager, Assistanc City ;tanager, 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 stacus.
Cupertino, Personnel Code, Title XII, Chapter 1, Article 2, p. 2 and Chapcer 4,
Article 1, p. 8.
i
8J1/73
-5-
Section 3.3. Provisional ~atus ~
Provisional status shall be granted to all employees who are appointed
' on other than a tempurary basie to posi[ions subject to lurisdiction B but for
which no eligible lists exisc. Said provisional appointments shall be .
terminated no later than one hundred eighty (180) days after appointment.
' Section 3.4. Temporary Status
; Temporary status shall be granted to all employees appointed for work
I
I 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
I
not exceed four (4) months in any twelve (12) month period.
i Section 3.5. Exemp[ Status
Exempt status shall be granted to all employees occupying positions
not subject Co Jurisdiction B of the Personnel Code.
8/1/73
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INTER-POSITION TRANS~ OF EMPLOYEES •
Section 4.0. Promotions
' A promotion shall be defined as the appointment of a certified or exempt
employee occupying a position in a lower classification to a vacant position
in a higher classification. Promotions may be made :an a non-competitive or
closed-competitive basis irrespective of the existence of eligible lists for
the same position classification which may have been conscructed Prom open-
competitive examinations.
Section 4.1. Transfers
A transfer shall be derined 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 co 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 S 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. Voluntary Reductions
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 status of the affected employee shall not
be changed as a result of the new appoin[ment; provided, however, that a
volun[ary reduction may not be made from a position subject to Jurisdiction B
[o one that is exempt therefrom. The applicability of requiring a qualifying
examination of the employee as a prerequisite to~approval of a request for
8/1/80
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~ ~
a voluntary reduction shall be as determined by the Personnel Director in ~
reviewing whether desirable minimum standards of the position have been met.
Section 4.3. Demotions .
A demotion shall be defined as the involuntary reduction in rank or grade
and shall be made only for cause. *Io demotion shall be made without the
Appointing Authority first having reviewed a statement for cause as su6mitted
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 democed employee shall be determined in the same manner as provided
by the rule on voluntary reductions, above.
8/1/73
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~ ~
~ DISCIPLI:VARY ACTIONS
_ Section 5.0. Warning :lotices
At the discretion of the department head having sugervisory contxol 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 Director who will
retain it with other personnel records of the offending employee. Such records
may be used to su6stantiate 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.
Section 5.1. Suspensions ~
A department head having supervisory control may suspend an employee
without pay for serious or repeated infractions of regulations. Such sus-
pensions may not exceed thirty (30) days in any twelve (12) month period
without the right of [he employee to file an appeal with the Appointing
Au[hority for a hearing on the matter. (See Section 6.3. tJho May Appeal)
Nothing contained herein shall preclude the right of the department head
to require an employee to cease work immediately and leave the work premises
wichout pay when such ac[ion by the department head is in the interest of
safeguarding the health, safety and welfare of the City, its employees,
citi2ens and their properties.
Section 5.11 Dismissal
An employee may be dismissed by a supervising degarcment head for sub-
stantiated cause when it 1s deemed to be in the best interest of the City.
Upon verbal or written notice af dismissal an employee shall be required ta
8/1/i3
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leave the work premises w~ loss of all rights and privil~s of employment.
An employee holding certiiied status may appeal from dismissal to the dppointing
authority within three (3) working days irom date of notice of dismissal. If
no appeal is initiated within the specified period, the dismissed employee shall
be discharged from employment.
Section 5.2. Discharges
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 employmen[
with the City on the eftective date of notice oi dismissal. ~ 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.
Section 5.3. Due Process
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 opporcunity shall be as
soon as it is practical after having been served the writ[en notice and shall
not constitu[e any limitation otherwise available through the grievance or
appeal procedure.
8/1/73
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APPEALS ,1FID HEARINGS • •
Section 6.0. Form of Appeal
All appeals to the Appointing Authority shall be in writing and shall be
signed by the employee.
Section 6.1. Filing of Appeal ~
The filing of an appeal to che Appointing Authority shall be accomplished
by the submission of the signed written document to the Personnel Director
who shall be responsible for the issuance of proper notificacions.
, Section 6.2. Representation
An employee submitting an appeal to the Appointing Authority may be
represented by a person oE his choosing or may elect to represent himself;
provided, however, that when~an employee is to be represented by another
person [he name of that person shall be made known to [he Appointing Autliority
i at least three days prior to the scheduled hearing. Substitution of repre-
I
~ sentation may only be as permitted by the Appointing Authority.
Section 6.3. Who May Appeal
Any employee may file an appeal with the Appointing Authority as [he
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. Hearings on Appeals
If deemed necessary, hearings may be held on appeals by [he Appointing
,luthority. The conduct of such hearings shall be as determined necessary by
the appointing Authority to best evaluate each appeal an its merits.
8/1/73
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GRIEVANCE PROCEDURE ~ ~
Section 7.0. Deiinition
A grievance shall be defined as any dispute cancerning the interpretation
or application of these Rules, or of any rules and regulations governing
personnel practices or working conditions, or of the practical consequences of
a City rights' decision on wages, hours and other terms and conditions of
employment. '
Section 7.1. Procedure
Grievances shall be processed in the following manner and sequence.
Seccion 7.11.
~1n employee shall communicate orally with his immediate supervisor as soon
as practica6le after being made aware of the existence of the grievance,
advising the supervisor of [his fact and attempting to resolve the dispute.
Section 7.12.
If the grievance is not resolved to the satisfaction of the employee
within ten (10) working days after having so advised the supervisor of the
dispute, che aggrieved employee may submit the grievance in writing to his
department head.
Seccion 7.13.
If the grievance is not resolved to the satisfaction of the employee
within fifteen (15) working days after having submitted it in writing to the
departaent head, the aggrieved employee shall have the right of filing an appeal
thereon to the Appointing Authority.
Section 7.14.
The process and procedure for filing an appeal vith the appointing Authority
shall be as provided for under Appeals and Hearings elsewhere in these Rules.
_1~_ 8/1/73
~ ~
Section 7.15.
The Appointing Authority shall review and consider all clains set forth
in the appeal within fifteen (15) days oF submission to the Personnel Director
~ of the written notice of appeal. Hearings on the appeal as are necessary to
determine fact may be held at Che discretion of t~te Appointing Authority.
Section 7.16. ~
The Appointing Authority shall affirm or deny the appeal within a
reasonable period oi time and cause all concerned parties to be notified of the
dec is ion.
Section 7.17.
Any decision of the Appointing authority on any grievance shall be final.
8/1/73
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aTTEND~NCE ~1ND LEAVES OF ~ENCE •
Section 8.0. Hours of Work
The normal work week shall be `fonday through Friday. The normal work day
shall be from 8:00 a.m. to 5:00 p.m. with one (1) hour off for lunch.
A variance to the no~mal work week or work day may be established by ~
the department head wi[h the written approval of.the Appointing Authority
vhen such is deesned by the Appointing Authority to be in the best interest of
the City. Any such variance shall identify the positions to which it applies
and shall be filed with the Personnel Officer.
Section 8.1. Holidavs
The following named holidays shall be considered as non-work days. -
(a) Nev Year's Day
(b) Washington's Birthday
(c) Memorial Day
(d) Independence Day
(e) Labor Day
(f) Veteran's Day
(g) Thanksgiving Day
(h) Friday following Thanksgiving Day
(i) Christmas Day
Section 8.12.
In addition to the foregoing paid holidays, eligible employees shall be
allowed to schedule two workdays as additional holidays. These two floating
holidays shall be taken at dates of the employee's selection, provided that
prior supervisory approval be obtained. For neur employees,floating holidays
will be pro-rated the calendar year in which they were hired in the following
manner:
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(a) Employees hired aiter January 1 but on or before March 31 shall be
entitled to two flo~g holidays in that calendar y~.
(b) Employees hired on or after April 1 buc on or before September 30
shall be entitled to one floating holiday in that calendar year.
(c) Employees hired on or after October 1 but before December 31 will not
be entitled to floating holidays in that calendar year.
Section 8.13.
When a holiday or a non-work day falls on a Saturday che 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 8.14.
The period between 12:00 noon and 3:00 p.m. on Good Friday shall be
i
considered as a non-work perlod.
j Section 8.15.
I
~ vothing contained herein shall preclude the right of the departmenc head
~ with the approval of [he Appointing Authority to reschedule work assig~nents
or hours of work to meet emergency situations and other adminis[rative necessities
i
~ 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 re-
scheduled work assignments.
Section 8.16.
Employees whose normal work day is at variance with [he normal work hours
specified in Section 8.0 of these rules may be compensated for the differential
shift hours [heir duties require. The City ~lanager may establish suitable ad~in-
istrative policies and guidelines for this compensation.
Section 8.17. Holiday Pay
In order for an employee to receive his regular pay for a holiday or
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designated non-work day, ~ must be perforc~ed on the reg~ar scheduled day
beiore and the regular scheduled day after the holiday or designated non-work
day. F.mployees on vacation, injury leave, approved short term leave of abse~ce,
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. Vacations
I
All employees, other than thoae holding temporary status, whose work
assignment is of a recurring nature of not less than a normal work week shall
accrue vacation credits during any one calendar year which vaca[ion may be
caken during the calendar year following that in which it was earned.
Section 8.21.
~ On the completion of that continuous service between the date of initial
apoointment to the City and the end of the then current calendar year an em-
ployee shall have earned vacation credit on the basis of five-sisths (5/6) work
day for each completed month of continuous services.
Section 8.22.
For each completed month of continuous service during those calendar
years following the time period referred to in Section 8.21, above, an employee
shall eatn vacation credit on the basis of five-sixths (5/6) work day for each
of such completed month of continuous service.
Section 8.23.
During the fourth calendar year of employment an employee shall earn
vacation credit on the basis of one and one-fourth (1 1/4) work days for each
of such completed monch of continuous service; provided, however, that for
those employees entitled to earn vacation credit who were hired prior to the
initial e::ective date oE these Rules the earning of vacation credit on the
basis of one and one-fourt (1 1/4) work days for each completed mon[h oi con-
tincus service shall co~nence af[er [he completion oi twenty-four (?4) months
-16- 8/i8
of continuoue servic~rom the date of initial appoi~nt which vacation
~ may be taken after the completion of thirty-six (36) months of continuous
service.
Section 8.24.
During the fifteenth calendar year of employment and thereafter an employee
shall earn vacation credits at the rate of one and two thirds (1 2/3) work days
for each month of completed continuous service.
Section 8.25.
On recommendation of the employee's department head and with the written
approval of the Appointing Authority an employee may carry over to the next
subsequent calendar year any por[ion of the vacation credit Chat he would
o[herwise be entitled to take during the preceding calendar year provided that
such carry over shall be limited to not more than that which was earned during
the prior calendar year.
Section 8.26.
Full vacation leave shall be taken at one time by any one employee when-
ever possible. The [ime during [he calendar year at which an employee shall
take his vacation shall be determined wi[h due regard for the wishes of the
employee and particular regard for the needs oE the service. Vacation leave
of less than the full amoun[ earned may be [aken with the approval of the
department liead.
Section 8.27.
On termination of employment or on receiving a leave of absence of more
than chree (3) months an employee who has completed twelve (12) months of
continuous aervice with the City shall be entitled to receive compensation
for all zarned but unused vacation accrued at the time of termination or at
the start of said leave of absence.
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Sec[ion 8.28.
The accrual oE vaca~ credits for those employees ~se normal work
week is of not less than one-half (1/2) time shall be prorated according to
the time of the recurring work assisgnmen[ as to the normal work week.
Section 8.3. Sick Leave '
All employees, other than those holding temporary status, shall earn
eight (8) hours per month sick leave time 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 u[ilized due to the employee's personal illness,
injury, maternity, or sickness or injury in the immediate family. I~nediate
family is defined as spouse and children. Employees shall, whenever possible,
make apointments for medical, dencal, and similar purposes on non-work hours.
If this is not possible, sick leave may be used for these purposes.
With propez notice and approval of the supervisor, sick leave shall be
taken in periods of no less than one-half hour increments.
Section 8.31. Personal Leave
The City shall allow six[een (16) hours per year for members of the
Public Works Fmployees Unit and cwenty-four (24) hours for all other employees
of accumulated sick leave to be used for conducting personal business which
cannot be conducted outside regular working hours.
The empioyee must requesc leave, if non-emergency, at least forty-eight
(48) hours (two working days) prior to the time of utilization on the form
presently provided. In cases of anergency, the forty-eight (48) hour notifica-
tion procedure may be waived by the immediace supervisor, provided the form is
completed and the reason for the request is stated upon return.
Section 8.32. Bereavement Leave
Employees shall be granted paid bereavemenc leave not to exceed three (3)
work days upon the occasion of death of a close relative. Close relaCives
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are deZined as mothe~father, sister, brather, wife, husband, child, grand-
parent, grandchildren, mother-in-law and father-in-la~
. Section 8.33. Absence Yotification
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 no[ify the supervisor on a daily basis unless otherwise arranged
with his supervisor. In proper cases, exceptions will be made.
Any unauthorized absence of an employee from duty shall be deemed to be
an absence without pay and will be grounds for disciplinary action by the
department head. In the absence of such disciplinary action, any employee
who absents himself for three days or more without authori2ed leave shall be
deemed to have resigned. Such absence may be covered, however, by the depart-
ment head by a following grant of leave with or without pay when extenuating
circumstances are found to have existed.
Section 8.34. Unused Sick Leave
The City shall pay an employee for unused balance of sick leave upon
retirement, or texinination 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 payment equivalent to sisty-five percent (65~) of the
dollar value for such payment shall be calculaced at a wage
rate which is the average of the preceding five (S) years for
che employee.
2. Upon termina~ion for other than discharge with just cause, a cash
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payment equivalent to fifty percent (50Y.) of the dollar value of
the unused sic~eave balance exceeding forty d~. 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.
I Section 8.4. Leaves of Absence
i Leaves of absence without pay not to exceed three (3) consecutive work
days may be granted [o an employee 6y his department hear. Such leaves of
' absence in eccess of chree (3) consecu[ive work days shall require the prior
approval of the Appointing Authority. All such leaves of absence in excess of
~ ten (10) vork days shall have the prior written approval of the Appointing
authoricy and shall be reported to the Personnel Officer on the appropriate
, fora provided.
' Section 8.5. Military Leave~
Military leave shall be granted in accordance wlth the pzovisions 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. Jurv Dutv
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. Temporarv Disabilitv Benefits
Any employee sustaining an injury arising out of, or in Che course of,
the performance of his yob and who cannot work at the dutiea and responsibilities
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normally assigned to that job is entitled to receiy,e temporary disability
payments as prescribe3 by state law. •
. Section 8.8. Use of Sick Leave To Supplement Temporary Disability Pavments
Any employee entitled to receive temporary disability payments may elect
to supplement such payments vith an amount not to exceed that which is the
employee's weekly earnings or weekly earning capacity by uae oE sick leave
payments to the e~ctent that such personal leave has been accrued to the
employee's account.
Section 8.9. Attendance
Employees shall be expected to report for work promptly at the start of
each work period and to perform their given work assignments diligently until
the end of that work period. An employee who is noC able to do so shall so
advise his supervisor of that Eact at the earliest possible [ime after that
fact is known to him. Abuse of attendance requirements may be grounds for
appropriate discipllnary action.
Section 8.91.
Adequate and proper attendance records shall be maintained for each
employee which records shall form the basis for payroll and accounting
requirements.
Section 9.0. Overtime
It shall be the policy of the City to keep overtime at a minimum. IJhen
situations arise which require an employee to perform outside of the normal
work week, compensation shall be made in one of the Eollowing ways.
Section 9.1. Non-Exempt Overtime
All approved work performed by employees in eecess of 40 hours in any
work week, shall be paid at the rate of one and one-half (1 1/2) times the
normal race of pay. Work performed on Saturdays, Sundays and City holidays
-?1- 8/78
or during en employee's s~duled vacation shall be consid~ed to be overtime
and paid accordingly. Employees may elect to receive compensatory time off .
in lieu of being paid the overtime rate at the rate of one and one-halE (1 1/2)
hours off for each hour so worked.
Section 9.2. Exempt, Non-Manaqement Overtime
An esnployee, not eligible under the Management Compensation Program, who
is required to perfocm assigned duties in excess of 40 hours in any work week
may, at the employee's optlon receive compensatory time off in an amount equal
to one and one-half times the time so worked or be paid at one.and one-half
times the regular rate for such work.
Seccion 9.21
Compensatory time off shall be taken within the calendar year during which
it is earned and during such periods as may mutually be agreed upon between the
employee and the supervisor. Exception of this rule shall be allowable only
on specific authorization of the Appointing Authority.
Seccion 9.3. Management and Confidential Overtime
All approved work in excess of [he 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 11ke 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 vi[hin the calendar year in which is is earned
as is mutually agreed upon between the employee and the supervising department
head.
Section 9.4. Stand-bv-Pav
F~aployees 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 assisgnment at [he rate of SS0,00 per week for each week so assigned.
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, OTHER CONDITIONS OF E
~YMENT •
Section 10.0, Continuous Service
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, retire-
ment or layoffs exceeding twelve (12) months duration without the employee having
been reinsca~ed. Continuous service shall be in[errupted through a leave of
absence withouc pay exceeding ten (10) work days, layoffs and suspensions
exceeding ten (10) work days.
For purposes of determining continuous service, appointments to new positions
shall not be considered as interruptions or breaks providing that there is not
more than a three (3) day elapsed time between service in the previous position
and the start of work in the new one.
Sectior. 10.1. Reimbursement for Travel and Other Expenses
Employees who occasionally are required to use their personal vehicles for
City business shall be reimbursed for such uae ac 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 10.11.
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 ~f the City ~`lanager be reimbursed at the rate of fifty dollars (S50)
per mon[h for the given number of miles to be determined by a schedule adopted
by ~he City Council and at the established rate per mile for each mile in excess
of the aforementioned mileage reimbursement of $50.00.
8/78
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b) Employees other than department heuds who were hired prior to March 22, •
1973 and aho are reimbursed for the use of their personal vehicle for Cit~
business at the rate of seventy-iive dollars ($75) per mon~h 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 Building Official who shall be reimbursed at a rate of seventy-
five dollars ($75) per month.
c) Department heads who are not provided a City automobile shall be
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~ reimbursed ~or the use of their personal automobile for City business ac the
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rate of seventy-Eive ($75) dollars per month and at an appropriate rate to
be determined by a schedule adopted by che City Council for each mile in excess
~ of an amount also to be determined by the City Council (see Resolution 115006,
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dated '~ay 24, 1979).
I Section 10.12.
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 10.13.
The City Manager may prescribe such administrative rules and regulations
governing the allowable kinds and amounts of such reimbuzsable expenditures and
the methods and procedures usable to substantiate and process submitted claims.
8/78
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Section 10.2. La off~ •
Layoffs of employees may be made by the Appointing Authority ior 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 ~ppointing Authority, will cause the
least disruption of service to the City; (Subject to the provisions of Section
13 and Resolution vo. 4193) provided, however, that within any given position
classification employees vhose salaries or wages are fUnded in part or uhole
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 conditions or
situations beyond the City's control, the City will provide a minimum of thirty
(30) days notice to any employee subject to being laid off pursuant to the Rule
on layoffs.
Section 10.21. Reinstatements
The names of employees affected by layoff shall be placed on a recall list
for a period of two years in the reverse order of layoff and shall have the first
opportunity for reinstatement. Failure to respond within ten days to a written
notice of such opportunity shall cause that name to be removed from the recall
list.
' Employees whose salaries and wages are funded in part or whole by Federal
employmen[ grants and who are laid off shall not be eligible for reinstatement
until all other employees whose names are on the recall list have been given
the opportunity for reinstatement and have rejected the offer.
8/78
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Section 10.3. Seniority • •
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 position, by a change in the class specifications or by a change in the
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! evaluation of the class of positions.
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I Section 10.4. Training Programs
;
j It shall be the policy of the City to encourage employee participation in
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i training programs which will be of benefit to the employee and ehe City in the
~ better performance of his work and as a means of providing assistance in the
I
employee qualifying for promotional opportunities. The Appointing Authority -
may prescribe suitable regulations and guidelines under which such programs
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Section 10.5. Suggestion System
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 he as prescribed by the Appointing Authority.
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Section 10.6. Hospitalization, Medical, Dental and Life Insurance Programs
It shall be the policy of che City to provide suitable group hospitalization,
medical, dental and life insurance programs under which employees and their
dependents may be covered. The needs of the employees shall be given due
cunsideration.
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E.*iPLOYEE-EMPLOYER RELATIONS
.Section 11.0. Memoranda of Understandinst
Rules relating to those matters of mutual interest and concern between City
' managemenc and City employees which are subject to meeting and conferring in
good fai[h shall be as mutually agreed to between the ttto parties and as approved
by the City Council in Memoranda of Understanding. In the absence of such
I Memoranda the Rules contained herein shall apply wherever applicable. In the
absence oE any apeclfic Rule on any given matter the City Manager in that capacity
or as the Appointing Authority shall establish suitable policies by administrative
~ regulations and ordars which shall be considered as supplemental here[o unless -
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-27- 8/78
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, City of Cupertino
' ' ,tANAGFTIENT COMPEtiSATION P~~~
Policy No. 1
pQgpOSE ~
JEFINITIONS FOR ELI~IBILITY ,
ersona holding
ertino policy that thoae certain P ement positiona
It is City of Cup nated either as mana8 ensacion Program
aCion under the ManaB~ent Comp ~ended
?ositions neteinafter darti~iPand des g Council and as same may be
;hall be eligible for p
as hereby adopted by accion of the City
ocherurise modif.ied from cu°e CO ti~e e~ent Compen8ation Program to
~r as
u Oee of tl~is Manag ible employeeS from
It is the staCed p rY
ain and other conhi[hisspa icy
give recognition Ceesnwhooachieveeeconomic g8e e S
represented emploh negotiatioa. It ig~ehIDOdified oraregcinded from time
amployment throug adopted ot as maY
and those which atnition may be given.
to time such recog ement Compensation Program
for inclusion within tl~is ~nIIge~nt and maY be
E1lgibility oaitions ~ ointing ~thority
is limited to perg°°S holdinnated by tlie APP
ployees. Tliese are as desig
modified as circumstances warrant~ 290 of the Cupertino Municipal Code, a
as defined under Section 2•52• si nificanc responsi cluding
lo ee is any employee having 8 Yo rams+
emenc emP y City policies and P agt~ent heads; and,
ep
manag and administering
for formulating endent judgment co hire,
but not limited tO tauthorityetoCexercisefindais har$e~ ~sign, reward or
any employee naving off~ tecall, promote, Co direct them,
suspend. lay or having the zesponsibility
transfer, lo eey~ to recommend such action if
discipline other em4 y or eifectively is not of
or co adjagt ~heir grievances, endent
oing, tne exercu1ieSfthectuseuof~indeP
in connection with the foteg
a merely Lautine or clerical nature but req
jud~ment.
e in accotdance with provision of the Personnel
ement positions:
p.ithough subject to chan8
~ade, the followin8 P~gitions have been deal8nated as mana
Inc~
b~t p~gitlon Title
Posit~' ,yanager
Quinlan, R. City
Zlp-SO1-O1 gnyder. B• Director of Finance
.ianagement Positions: 310_101-01 gutler, M. Director of Patks and
410-102-01 Recreation
Sisk, J• Directot °f~enC$nning &
510-103-01 Develop
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~ , Position Title Incumbent Position Title
I
i Management Positions {continued):
~ 710-104-01 Viskovich, B. Director of Public Works
' 220-401-01 Brown, B. Adminiatrative Services
Officer ~
230-403-01 Coraelius, D. City Clerk
240-302-01 Smith, R. Code Enforcement Officer
420-406-01 Dowling, S. Recreation Supervisor
440-406-01 Kach, C. Recreation Supervisor
520-402-01 Leber, A. Building Official
520-609-01 Cowan, R. Assistant Planning Director
710-405-01 Botalho, R. Public Works Supervisor
720-607-01 Whitten, T. Assistant City Engineer
730-404-01 Ortiz, F. Crounds Maintenance Fore-
man
750-407-01 McKee, K. Water Syateme Supervisor
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Adopted by action
of the City Council
April 1, 1974
Revised October 28, 1974
Revised March, 1978
Revlsed June, 19$0
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~ City of Cupertino
:IANAGEMENf COMPENSATION PROGRAM
, Policy No. 2
SCfiEDULES OF PAY GRADES
. AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under the Manage-
ment Compensation Program shall be compensated for servicea rendered to and
on behalf of the City on the basis of equitability of pay for duties and
responeibilities asaigned, meritorious aervice and comparability with similar
work in other public and private employment in the same labor market; all
of which is contingent upon the City's ability to pay consistent with its
fiscal policies.
As rates of pay and schedules of pay grades developed through meet
and confer procesaes are subject to the underlying provisions of the Pay
Plan for administration purposes so are those rates of pay and schedule of
pay grades included herein as a part of this :fanagemeat Compensation
Program. The inclusion hereia of said rates and schedules doea not affect
any effective dates or otherwise reflect on the approval processea required
but is shown as an integral part of this Program for completenesa of record.
~ldopted by Action
of the City Council
April 1, 1974
Revised 8-8-78
Revised 7-4-79 (Pay Plan)
Revised 6-80 (Pay Plan)
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City of Cupertino
:fANAGEMENT COi~SPENSATION PROGRAM
~ Policy :~o. 3
I. POLICY
A. Manaqement Personnel
It is City of Cupertino policy that eligible persona, other than the City
Manager, under the Management Compensation Program shall be reimbursed
in accordance with the schedules, terms and conditions as set forth here-
in for attendance at conferences, meetings and training sessions as de-
' fined below for each. It is the intent of this policy to encourage the
continuing education and awarenese of said persons in the technical im-
provements and innovations in their fields of endeavor as they apply to
Che City. One means of implementing this encouragement is thzough a formal
reimbursement schedule for auchorized attendance at such conferences,
meetings and training sessions.
B. Non-Maaaqement Personnel
When authorized by a department head, a non-management person may attend
a conference, meeting or training session subject to the stated terms
and conditions included herein for each with payment toward or reim-
bursement of certain expenses incurred being limited to authorized
' actual costs thereof.
II. DEFINITIONS
A. Budgetary Limita[ions
Funding capability for payment toward or reimbursement of expenaes
incurred for attendance at conferences, meetings and training seseions
shall be limited to the amount appropriated as a line item for each
applicable account.
, B. Conferences
a conference is an annual meeting of a work related organization the
membership of vhich may be held in the name of the City or the individual.
C. Department Head
Director of Finance
Director of Parks and Recreation
Director of Planning and Development
' Mrector of Public Works
D. Designated Staff
City Clerk
Administrative Services Officer
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E. Designated Assistants
Recreation Supervisors
Assistant Planning Director
. Chief Building Officer
Asaistant Ci[y Engineer
' F. Local Area
A local area is that within an approximate 100 m11e radiua or two hours'
drive of the City.
G. Meetinga
A meeting is any acheduled function of a work related organization other
than an annual meeting and may conaist of a luncheon or dinner or a
one or two day meeting not properly classified as a training sesaion.
H. Middle Management
The number and designation of middle management personnel shall be thoae
management positions exclusive of department heads as set forth in
Policy No. 1 of the Management Compensation Program.
I. Training Session
A training session is any type of seminar or workshop the attendance
at which is for the purpose of obtainiag information of a work related
nature to benefit the City's operations or to enhance the attendee's
capabilities in the discharge of assigned duties and responaibilities.
III. REIMBURSEMENT SCHEDULE
A. Registration
Registration fees for authorized attendance at a conference, meeting
or training sesaion will be paid by che City.
B. Transportation
When an expenditure is sutiiorized or is eligible for reimbursement, the
City vill pay transportation costs from the attendee's home to the
destination and return on the baeis of che costs for the nearest route
by air at air coach fare. Transportation coats also may include limousine
or taxi service to and from the attendee's home and the airport or for
airport or destination parking charges for personal automobiles so
parked when sucli ia used in lieu of travel by air. Uae of a personal
auCOmobile for City business ahall be reimbursed at a rate per mile
thea in effect for auch uae except in no case shall it exceed air coach
fare.
Reimburaement for use of a personal sutomobile on City business within
a local area Will not be made so as to supplement that already being
paid to those persona receiving a monthly mileage allowance.
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c. Hote1
~ Payments toward or reimbursement of hotel or lodging expenaea is limited
to the actual coscs of the room. Such payments or reimbursements shall
not be made for hotel or lodging expense when incurred within the local
area. Exceptions to this requirement shall be for attendance at the
Annual League of Californis Cities Conference and for those nights
when atteadance at other conferences, meeti'ngs ai,d training sessions
official functions would preclude the return to the City by the attendee
' withia two hours after the end of the normal working day.
D. Per Diem
~ For conferences, meetinga and training sessions lasting two or more
I days, a per diem allowance shall be allowed in lieu of actual costs
I for food, tips, miscellaneous expeases, etc., unlesa otherwise noted
, herein to che contrary. Payments toward or reimbursement of attendance
I at such functions lasting less than two days shall be limited to the
~ actual costs consistent with the application of reasonable standards.
Costa of special luacheon or dinner meetings or other programs on the
ageada and not covered by registracion fees may be paid or reimbursed
in addition to the per diem allowance when approved by the City Council
or the City ~fanager.
The authorized per diem rate shall be $30.00 for attendance at conferences,
meetings or training sessions held within the State and $35.00 for such
attendance out of state.
No payment sliall be made for any e:~penses incurred which are of a personal
nature or not within a standard of reasonableness for che situation as
may be defined by the City Manager.
IV. ATTENDANCE AUTHORIZATION
A. Budgetary Limitations
Notwithstanding any attendance, authorization contained herein, reimburse-
ment for expenses incurred or expenditures made relative to conferences,
meetings or training seasions shall not exceed the budgetary limitationa.
B. A department head and one designated assistant may attend a conference.
Attendance by any other employee, management or non-management, may be
authorized by the department head subject to such attendance being on
the employee's own time (compensatory time off or vacation cime) and
with transportation and lodging being at the employee's ovn expenae.
The City may pay registration fees.
C. :Seetings
Any employee, management or non-management, may attend a meeting wnen
authorized by the department head.
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D. Training Sesaions
elny employee, management or non-manage~ent, may attend a training session
vhen authorized by the department head.
V. FUNDING
A. Appropriation Policy ~
It shall be the policy of the City to appropriate funds as set forth
hereia vith such appropriationa being subject [o availability of resources.
B. Appropriations will be made on the basis of $1,200.00 for each depart-
ment head, $920.00 for each designated staff, and $600.00 for each desig-
nated assiatant to be used as payments toward or reimbursement of ex-
penses incurred for attendance at conferences and meetings. The conference
or meeting, location and attendee shall be at the discretion of the de-
partment head.
C. Training Sesaions
For payments toward or reimbursement of expenses incurred in attendance
at training aeasion, appropriation will be made on ttie basis of $150.00
for departmeat heads and designated staff and $100.00 for each remaining
employee designated management.
There also will be appropriated to the Department of Parks and Recreation
$425.00 per year to be used as payments toward or reimbursement of ex-
penaes incurred for its in-service training programs.
Excluded from this Eunding capability is that amount to be determined
each year and appropriated to the Personnel Division for costs incurred
in training programs of a general nature and applicable to all employees.
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City of Cupertino
;lAirAGE,`~NT COMPENSATION PROGRAM
• Policy No. 4
AUTOMOBILE ALLOWAtJCES AND
MILF.r1GE REIMBURSEIIENTS ~
It is City of Cupertino policy that eligible persons under the Manage- _
ment Compensation Program shall be compensated fairly for the use of personal
automotive vehicles on City busineas. In many instances the use of personal
vehicles is a condition of employment due to the absence of sufficient City
owned vehicles for general transportaion purposes. It is not intended,
however, that such a condition of employment si~ould work an undue iiardship.
For this reason [he folloWing policies shall apply, with the exception of
the City Manager, for automobile allowances and mileage reimbursements.
Those persons vho occasionally are required to use their personal
automoUilea for City business shall be reimbursed for such uae at an appropriate
ra[e established by the City Council. Submission of a reimbursement request
must oe appraved by the department head.
Those persons who are required to use their personal vehicles for City
business on a recurring and often 6asis shall, wlth the approval of the
City .`fanager, be reimbursed at the rate of fifty dollars ($50.00) per month
for a given number of miles to be determined by a schedule adopted by the
City Council and at the established rate per miles; provided, hewever, that
a record of all mileage for the use of personal automobiles on City business
shall be filed as a prerequisite to any such reimbursement on forms provided.
The exception to the foregoing paragraph shall be for department heads
crho are not asaigned a City owned vehicle and for those persons previously
reimbursed f~r use of personal automobiles on City business at a rate of seventy-
five dollars ($75.00) per month who shall continue to be reimburaed at said
rate without having to submit a record of mileage as a prerequisite to any
such reimbursement.
While recognition is given that similar or modified automobile allowance
and mileage reimbursement acuedulea may be applicable to employees not eli-
gible under the Management Compensation Program, its inclusion as a policy
under said Program is for completeness of record.
Adopted by Action
of the City Council
April 1, 1974
Revised July 2, 1974
Revised May 24, 1979
Revised June, 1980
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Schedule for Vehicle Mileage ReimbursementNo. of Miles/Month
Vehicle Cost c ~50 Reimbur_sement
Consumer Price Index Pe~ .
Private Trans ortation 300
15.7C 300
170.4 16.0 300
173.6 16.5 300
179.1 17.0 300
184.5 17.5 275
190.0 18.0 25C ~
195.3 18.5 250
200.7 19.0 250
206.2 19.5 250
211.6 20.0 225
217.1 20.5 225
221.5 21.0 225
228.0 21.5 225
233.3 22.0 200
238.7 22.5 200
244.2 23.0 200
249.6 23.5 2U0
255.1 24.0 200
260.5 24.5 200
266.0 25. 0
271. 3
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City of Cupertino
;iANAGEMENT COMPENSATIOI7 PROGRAM
' Policy No. 5
ASSOCIATION MEMBERSHIPS AND
i PROFESSIONAL PUBLIC.ATIONS
It ia City of Cupertino policy that eligible persona under Che Manage-
ment Compensation Program shall be entitled to City sponaored aesociation
memberships as well as zeceiving subecriptions to profeasional and technical
publications. Such sponsorship, however, shall be conditioned upon the several
factors as set forth below.
Each association for vhich membership is clalmed must be directly
related to the field of endeavor of the person to be benefited. Each claim
for City sponsored membezship shall be submitted by or through the depart-
ment head with his concurrence to che City Kanager for approval.
~Iemberships in associations as sponsored by the City shall be limited
to not more than one person for each asaociation except as may other~rise
be authorized by the City Hanager in unusual cases. Any one person may,
however, be eligible for sponsoted memberslitp in more than one association
should such be considered warranted by the City Manager.
Subscriptiona to or purchase of professional and technical publica-
tions may be provided at City expense when such have been authorized by
the department head providing the subject matter and material generally
contained therein are related to municipal governmental operations.
Adopted by Action
of the City Council
April 1, 1974
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City of Cupertino
DfANAGF24ENT COMPENSATION PROGRAM
' Policy No. 6
C~ENSATORY TIME OFF ~ '
It is City of Cupertino policy that eligible persons under the Manage-
i ment Compensation Program shall be entitled to compensatory time off in
, lfke amount for such time worked in excess of what otherwise might be considered
as a normal warkday or work week for other employees. Such "overtime" worked
i or compensatory time taken off shall not be recorded for attendance or pay-
I roll purposes.
Individuals designated as a part of management are employed to perform
specific functions. In many cases the fulfillment of a given function requires
~ effort without regard to regular working hours. Often these additional require-
~ ments are cyclical and provide later opportunities for some relief from the
; extended work efiorts. Ac such times when it is possible to do so, it is ex-
pected that the affected person and his supervisor mutually will agree as to
when compensatory time off will be caken.
It is the stated purpose oi this policy to provide some periods of
time for eligible employees to relax and become disassociated from the stresses
of work and, in part, to offerrecognition for the demands of required but
unrecorded "overtime".
Adopted by Action
of the City Council
April 1, 1974
Amended June, 1980
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. City of Cupertino
?fA2iAGEMENT COiIPENSATION PROCRAM
Policy No. 7
HEALTH BENEFIT PLANS - EEMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital
and medical iasurance under which employees in Management
positions and their dependents may be covered. The purpose of this pro-
gram is to promote and preserve [he health of employees and their families
through comprehensive health plans available only througii employer spon-
I sorship.
Although the premium coat for the insurance provided remains [he ultimate
responaibility of the employee in a Management position, the
City shall contribute an amount of $115.00 per employee per month towards
I the premium or pay the full cost of tne premium if less than ciii~ amount.
; If premium amounts for any employee covered by this policy are less than
j S115.00 per month, the difference between the premium amount and $115.00
will be contributed by the City to a deferred compensation account in the
employee's name in accordance with Policy No. 11 of this plan and the regula-
tions of the compenantion deferment program of the City. Enrollment in the
plan or plans made available pursuant to this policy shall be in accordance
with Persoanel Rules of the City and the provisions of the contract for such
inaurance betveen the City and carrier or carriers.
Adopted by Action
of the City Council
September 16, 1974
Amended .Tuly 7, 1975
Amended July 19, 1976
Amended July 1, 1977
Amended Auguat 7, 1978
Amended July 2, 1979
Amended June, 1980
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' City of Cupertino
~`fANAGEMENT COMPENSATIOt: PROGRAM
Policy Ido. S
. FLEXIBLE HOLIDAYS
It is the policy of the City of Cupertino to recbgnize days of historical
and national significance as holidays of the City without loss of pay or
benefits. Recognizing the desirable continuance of municipal servicea by
management employees resulting from scheduling of occasional
holidays at variable times throughout tlie year, it is the policy of the City
of Cupertino to provide days off in lieu of holidays for management
employees at such times as are convenient for each employee
and supervisor, when such policy is compatible with the workload and schedule
of tiie City.
Employees occupying management positions shall be
provided one day per calendar year as a non-work day witl~ full pay and
benefits in addition to those holidays set forth in Section 8.1 of the Rules
on Conditione of Employment. Section 8.1 of tiiese rules is furtiiermore ex-
pressly modified by this policy to permit each management and confidential
employee to observe a day off in lieu of Lincoln's Birthday at sucn times
throughout the year as may be mutually agreed to between employee and super-
visor. For payroll purposes, each such in-lieu-of day off shall be recorded
as a noliday.
Adopted by clction of Tne City Council
July 7, 1975
Amended June, 1980
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City of Cupeztino
• • MANAGF2fENT COMPENSATION PROGRAM
Policy No. 9
LIFE AND LONG-TERM DISABILITY INSURANCE
It is the policy of the City of Cupeztino to make available group
insurance for Management employeea that will mitigate the
personal and family financial hardships resulting from continuing disability
that prevents an employee from performing gainfully in his or her occupation.
It is further the policy of the City of Cupertino to provide life insurance
benefits in an amount ofS30,000 for management employees; 550,000 for the City
Manager.
Employees occupying Management positions may enroll
in the disability income program and the life insurance program offered if
eligible under the contract provisions of the policy and the personnel rules
of the City. The full cost of premiums for these insurances shall be paid
by the Cicy for such employees.
Adopted by Action
of the City Council
September 16, 1974
Amended July 19, 1976
Amended June, 1980
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City of Cupertino
MANAGF2fENT COMPENSATION PROCRAM
~ Policy No. 10
PERSONALIZED COMPENSATION ,
Recognizing the individual prefezences and uniqueness of each employee
covered by the Management Compgnsation Program, ic is the policy of the City
of Cupertino to provide a certain sum per month that may be applied to the
credit of eligible employees in the form and manner preferred by each employee.
This program of personalized and flexible compensation results from the need
to maintain parity with the competitive labor market and to assure that internal
pay relacionships are not distorted between management employees and employees
bargaining over conditions of employment, while recognizing the advantages of
tailoring compensation to the variety of individual circumstance.
Each employee designated as management by the Appointing
Authority shall receive payment or equivalent direct compensation for services
performed in the amount of one huadred dollars (5100.00) per month, which shall be
provided in that form and manner selected by each employee which is consistent
with the legal restraints placed upon the City, the administrative limitations
oi the personnel program and the administrative rules and guidelines set forth
by the City Manager to administer this policy.
The compensation provided through this policy is not intended to substitute
for the base monthly salary provided by the pay plan, but as a supplemental
benefit comprising a portion of [he total compensation. It may be utilized to
supplement City contributions toward group insurance premi~s or o[her City-
sponsored benefit plans, to provide additional training or development of
principal benefit to the individual, or in such other combinations of the fore-
going or other varieties of compensation, including direct payment after with-
holdings, as best serves each management employee's circumstance.
All expenditures and transactions made pursuant to this policy are subject
to the prior approval of the City Manager or his designated representative.
Adopted by Action
of the City Council
September 16, 1974
Amended July 1, 1977
amended August 21, 1978
Amended June, 1980
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City oE Cupertino
*1ANAGIINENT COI~ENSATION PROGRAM
Procedural and Administrative Supplement to Policy vo. 10
Personalized Compensation
• The following procedural and administrative rules and regulations are
, those under which the program of personalized compensation will be admin-
istered. In the event that further clarification is needed as to the intent
of the program or that some modification is requi,red in these rulea and regula-
' tions such shall be as set forth in writing by eicher the Appointing Authority
' (City Manager) or the Personnel Officer.
1. The payment or equivalent direct compensation for services
I performed (allowance) under Palicy No. 10 is effective with
the month of September, 1974. For each succeeding month,
~ the referred to allowance will be credited to the account
i of each eligible management employee on the first of each
month of assure proper disbursement as required during that
I month.
2. Said monthly allowances will be disbursed on authorization
' of the City's personnel office only after having received
, from the employee a written designation as to the manner of
~ disbursement. Such written designations shall have the
approval of the City Manager and the Personnel Officer to
be valid.
3. Written designations as to the manner of disbursement of
allowances may be changed or modified Erom time to time;
providing, however, that a completely new deslgnation shall
be prepared and filed whenever any change or modification is
made. This should not be more often than once each quarter.
4. All written designations shall be on forms provided by the
personnel office for that purpose.
5. Allowances, whether in whole amounts or unused portions, may
be accumulated from month to month but will be disbursed as
a direct cash payment upon request and automatically during
the month of December so as to clear all such credits prior to
the end of the calendar year.
6. Direct cash payments will be subject to nore~al payroll with-
holdings. For other than direct cash payments, any question
of Cax liability is a matter between the aaployee and the
appropriate agency.
7. All direct cash payments made under this Policy No. 10 will
be by check which is procesaed separately from normal payroll
activities.
~
~ ~
' 8. The accounting ior all records to be maintained under this
Policy No. 10 shall be performed by the personnel office in
such manner as to provide a detailed status report to each
employee of his account as of June 20 and December 31 of each
year.
9. Sut~aries of status reports referred to above shall be public
record and provided to members of the City Council and to
other interested persons on request. Specific designations
by individual employees are not public records and shall remain
as a part of the confidential personnel record.
10. All disbursements nade under this Policy No. 10 shall be to the
employee or to a designated third par[y pursuant to a City
sponaored program. Eligibility for direct cash payments to
third party entities is contingent upon submission by the em-
ployee of documentary evidence to subatantiate acceptability
for City sponsorship; i.e. a doctors certificate prescribing
membership in a health maintenance facility, course identifi-
cation and tuition coet for furtherance of educational achieve-
ment, etc.
11. Any additional costs to the City generated by the form, manner
or processing of an account ciot applicable to ocher management
employees will be borne by the affected employee.
12. Requests by management employees for new programs under this
Policy or for modification to existing programs shall be sub-
mitted in writing to the Personnel Officer who with the City
Manager and with such other assistance as they may deem appro-
priate will evaluate the requests for acceptability under
standards for City sponsorship. These scandards shall include
but may not be limited to [he following:
a. Availability for participation by all manage-
ment employees on a voluntary basis.
b. Beneficiality to the health, education or
welfare of the employee and results of which
Will have a probability of having an affirma-
tive effect on work performance.
c. Costs of administration and processing being
compatible wi[h those of other similar types
of approved programs.
13. The City reserves the right unilaterally to make disbursements in
direct cash payment to the employee when written designations are
rejected as being unacceptable, failure of the employee to make
a timely designation, cancellation of program previously under
City sponaorship or for other good and sufficient reasons.
' 14. Programs under City sponsorship at the effective date of this
Policy No. 10 and for which written substantiation for meeting
~ ~
~ standards need not be submitted when designations or disburse-
ments are made are as £ollows; provided, however, that such
, are subjec[ to change or modificaton at future dates.
a. Direct cash payment to the employee
b. Increase the City's contribution toward
the premium for group hospitalization and
medical insurance. ,
c. Purchase of additional credits in the Public
Employees' Retirement System through increased
employee contributions.
d. Deferment of payments under a deferred compen-
sation plan.
e. Payment of premiums for enrollment in the City's
group Long-Term Disabili[y Insurance Program,
subject to accive participation of 75X of the
management employees.
15. In no instance shall disbursements in excess of the account
balance be made in anticipation of future credits to an em-
ployee's account under this policy or against the credit of
present or future payroll earnings.
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City of Cupertina
' ' MANAGEMENT COMPENSATION PROGRA.K
Policy No. 11
DEFERRED COMPENSATION
It ia the policy of the City of Cupertino to provide equitable current
compeneation and reasonable retirement aecurity for management
employees for services performed for the City. The City partici-
pates in State and Federal retirement systema and deferred compensation
plans have been established. Both tne employee and employer may make con-
tributions from current earnings to these plans. The purpose of this policy
is to promote meane by which compensation may be provided in such manner and
form to Uest mee[ the requirements of the Ci[y and the needs of individual
employees, thereby increasing the ability to attract and retain competent
management employees.
The City shall maintain and administer means by which employees in man-
agement posi[ions may defer portions of their current earnings
for future utilization. Usage of such plans shall be subject to such agree-
ments, rules and procedures as are necessary to properly administer each plan.
Empioyee contributions to such plans may be made in such amounts as felt proper
and neceasary to the employee. Employer contributions shall be made pursuant
, to *lanagement Compensation Plan policies numbers 7 or 10, or in such other form
as determined desirable and proper by the City Council.
Adopced by Action of the City Council
July 7, 1975
.lmended June, 1980