CC Resolution No. 5662 . ~ ~
4
RESOLUTIOt7 5662
A RESOLUTIOr1 OF TIIB CITY COUNCIL OF TAE CITY nF CllPRP.TiNo
' AMENDItdC THE RULES ON CONDITIOt7S OF EMPLOYMEi1T
~Il1F.RF.AS, the Rules on Conditions of F.nployr~ent need to be modif.ied in
order to conform wi[h the Memoranda of Understandinp. between City of
Cupertino and the Miscellaneous F.mployees Unit and Public Idorks lfnit;
, L70W, THEREFORF, BE TT RGSf1LVIiD that the Rules on Conditions of F.maloy-
ment be amended as shown in Attachment "A" which is incorporated in this
' resolutlon by reference.
PASSGD AtiD ADOPTGD at a regular meeting of the City Council of the Citv
of Cupertino this 2pth _day of , 1981 by the follo~oinR
vote:
Vote Menbers of the City Council
AYHS: Gatto, Johnson, Plungy, Rogers, Sparks
t~0E5: None
ABSEIdT: None
ABSTAIN: None
APPROVED:
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s'J~/~~ , ~
Mayor, City`: Cupertino
ATTEST:
`
City Clerk
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CITY OF CUPERTINO
RULtS ON CONDITIONS OF II~LOYMENT
JULY 1,1981
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I N D E X
Ca[e~ory Section Subject Pag~
4
GENERAL ADMINISTRATION
1.0 Purpose 1
1.1 Policy 1
1.2 Administration 1
1.3 Interpretation 1
1.4 Coverage 2
1.5 Repeal of Existing Rules 2
1.6 Amendmen[s to Rules 2
1.7 Effective Date 2
RECRUITMENT AND
RETENTION
2.0 Techniques of Recrui[ment 3
~ 2.1 Examinations 3
~ 2.2 Eligible Lists 3
2.3 Selec[ion of Employeea 4
2.4 Appolntmen[ Approval 4
APPOINTPtENTS AND
EPiPLOYEE STATUS
'I 3.0 Appointments 5
3.1 Certified Stutus 5
3.2 Probationary Status ~ 5
3.3 Provisional Status 6
3.4 Temporary Status 6
3.5 Exempt Status 6
INTER-POSITION TRANSFERS
OF EPiPL0YEE5
4.0 Promotions 7
4.1 Transfcrs 7
4.2 Voluntnry Reductions 7
4.3 Demotions 8
DISCIPLINARY ACTIONS
5.0 Warning Notices 9
5.1 Suspensions 9
5.11 Dismissal 9
5.2 Discliarges 10
5.3 Due Procesa 10 ,
APPEALS AND kiEARINCS
6.0 Form 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.Q Definition and Procedure 12
Limitationa on Authority of
Advisory Arbitrator 14
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Category Section Sub ect Ya e
~1'CTENDANCL' AND LEAVF.S
OF ABSENCE
8.0 Nours of Work 14
8.1 Holidays 14
8.17 Floliday Pay 15
8.2 Vacations 16
8.3 Sick Leave 18
8.31 Personal Leave 18
8.32 Bereavement Leave 19
8.33 Absence Notification 19
8.34 Unuaed Sick Leave 19
f 8.4 Leavea of Absence 20
8.5 Ptilitary Leave 20
. 8.6 Jury Duty 21
8.7 Temporary Disability Benefits 21
~ g,8 Maternity I.eave~ 21
21
i 8.9 Attendance 21
9.0 Overtime 22
9.1 Non-Exempt Overtime 22
9.2 Exempt, Non-Atanagement Overtime 22
9.3 Management and Confidential
Overtime 23
9.4 Stund-by Pay 23
OTHER CONDITIONS
OF EMPLOYPIENT
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 Hospitalizntion, Medical., Dental
and Life Insurance Pro~rams 26
II~iPLUYEE-II~tPLOYER
RGI.ATIQNS
11.0 Nemoranda of Understanding 27
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CiCy oE Cupertino
• RULtiS ~
ON
~ CONDITIONS OF 6FiPL0YMGNT
GENHIUIL ADMINISTRATION
Section 1.0. Purpose
The purpose of these Rules shall be [o provide the basis of common unders[nnding
, between supervisors and employees as [o terms and conditlons of employment insoCar
i as [hcy ere not superseded by a formally adopted htemorandum of Understanding ior
f sucli terms and conditions of employment as nre permitted for inclusion therein under
~
~ ttie provisions of Chapter 6 of the Personnel Code, Employer-Gmployee Relations.
Section 1.1. Polic
Tlie policy under which these Rules shall be administered is one of fairness
both [o [he employee and the City and of uniformity of ac[ion so that all may be
aware of the duties and responsibilities of the employee in this regard as well
as the rights and privileges of employment with [he City.
Section 1.2. Administra[ion
The administration of these Rules is hereby inves[ed in the Personnel Offlcer
subject to administrative policies as set for[h by the City Dianager, who is the
Appointing Authority.
Section 1.3. Interpretation
Any interpretation, definition or meaning of any provision, [erm or condition
contained herein shall be as set forth in writing by the Personnel Officer whusc
interpretation, definition or meaning ahall be conaidered as being supplemental
hcre!o.
8/1/80
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~ ~ Section 1.4. Covera~~ •
. All ofEicers, employees and posttions sha11 be subJect to these Rules
save and except Eor those of[icers, employees and pos:[ions specifically ~
enumerated hereinbelow.
(a) Ali elected Officers _
(b) City Manager
(c) Assistant City Manager
(d) City A[torney
(e) City ''rusecutor
i (f) Chairmen and members of appointed boards, commissions and
committees
(g) Persons engaged under con[ract to supply expert, proEesaional,
technical or other services.
Section 1.5. Repeal of Existin~Rules
All existing Rules and other policies currently or here[ofore in eEfect
relating to [hose terms and condi[ions of employmen[ as provided for herein
are `,iereby rescinded and repealed.
Section 1.6. Amendments to Rules
Amendments to and modificatLons of these Rules shall be as set forth in
the Personnel Code.
Section 1.7. EEtective Date
These Rules shal.l be filed with the Ci[y Clerk on adoption by the City
Council and shail become effective immediately thereafter.
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HECRUITPIENT AND RETEN~ •
Section 2.0. Technlques of Recruitment
, Recruitment oL employees for posLtlons in the Ci[y shall be the ~
responsibility oE the Personnel Officer who may reques[ ttie advice and assistance
of or delegate the Eunction to a department head with his consent. The
techniques and procedures of recruitment shall be those most effective in
a[tracting qualified applicants for posi[ions wLth [he City without regard to
race, religion, sex, national origin or poli[ical background.
Section 2.1. Examinations
F.xamina[ions shall be prepared and adminis[ered to test fairly [l~e Eitness
of applicants. Said examinatlons shall be comprised of any one or more processes
of writ[en, oral, physical fiCness, unassembled or such other method as can
serve the purpose uf determining the skills and knowledge, qualiEication or
fi[ness of thc applicant. The determination as to [he processes thac will be
used for each posi[ion classifica[ion shall be [hat of the Personnel Officer
who may obtain and utilize such assistance as may be required to fulfill the
in[ent of this section. Said examina[lons may be competitive or noncompetitive;
provided, I~owever, [hat advance public notice be advertised prior [o each sucli
competitive examination as to the method by which the eligible list shall be
prepared, its eEfec[ive life, weighting factors and s~ch other detail that may
provide tlie applicant with a better understandinp, of [he examination and
selection process for the posi[ion for which he is applying.
Section 2.2. Eligible Lists
Whenever compe[itive examinations are administered the names oE successful
applicants thereto shall be placed on lists from which appointments therefrom
shall be made during the effective term oF the list. Eligible lists may be
constructed so as to give numericai rankings of euccessful applicanta or in
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cntegory groupings wt~said lists are obCat~icd from e•inations administered
in'[h.~t manncr or fr~m exnmin:itlons administered on a pass-[ail basis.
Section 2.3. Selection of Employees
The selection of a successful applican[ for a position wi[h the Ci[y
shall be made by the department head having supervisory control of the position
to be filled. The department head shall recommend such selec[ion of the
Appoin[ing Authori[y who may approve or disapprove an appointment.
If [he selection of a successful applicant is to be made from an
eligible list cons[ructed by numerical ranking the person selected shall be
from one of the three highest available persons on the lis[. IF [he selection
of a successful applicant is [o be made from an eligible list cons[ructed
by category groupings the person selected ahall be from among those available
in the highest category before a selection may be made from a lower ca[egory.
Section 2.4. Appointment Approval
All appointments whether from ellgible lists or no[ and irrespective
of the type of position to which one is made shall be approved by the
Appointing A~thority before becoming effective.
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APPOINTPIGNTS AND E21PLO•E STATUS •
SectLon 3.0. Ap~ointments
~ AL1 appointments to positions sub,ject to Jurisdiction B1 of the Personnel
Code and as approved by the Appointing Authority shall be made ln one of the
following named manners and the affected employee shall be gran[ed the same
s[atus accordingly.
Section 3.1. Cer[if1eJ Sta[us
Certified status ahall be granted to all employees occupying positions
subject to ,lurisdiction B who have auccessfully completed their probationary
period when either appointed from an eligible list or as the result of
t~aving successfully comple[ed an examination for the appointmen[.
Sec[ion 3.2. Probationary S[atus
Probationary status shall be granted to all employees occupying positions
subject to Jurisdiction B who have been appointed from an eli~iblc list or
when none is available as the result of having successfully completed an
examination Eor tlie appointment. The probationary period may be not less
than three (3) months nor more than twelve (12) mon[hs and shall be as
specified for each class of posi[ions unless when in the absence of a specified
duration it shall be six (6) mon[hs.
lOne of four ;jurisdictions created by the Personnel Code. Jurisdiction B
establishes [he provisions and conditions for the appointmen[, employment and
retention of subject employees on a basis of inerit and fitness, The following
offices, positions and employees are excluded from Jurisdiction B; All elected
oEfices, City Manager, Assistant City ManaRer, City Attorney, City Prosecutor,
Chairmen and Members of appointed boards, commissions nnd committees, persons
enga~ed under contract to supply services, departmen[ heads, employees occupying
positions whose princip~l ,job requirement is good physical fitness and employees
serving under appointments oE provisional, exempt, temporary or emergency status.
Cupertino, Fersonnel Code, Title XII, Chapter 1, Article 2, p. 2 and Chapter 4,
Ar[icle 1, p. 8.
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Section 3.3. Pravisi~l Status ~
' Provisiunal s[atus shall be granted Co all employees who are appointed
'on other [han a temporary basis to positions subject [o .Jorisdiction B bu[ Eor
wtiicfi no eligible lists exist. Said provisional appointments shall be
terminated no la[er than one hundred eigtity (180) days after appoin[ment.
Sec[ion 3.4. Temporary Status
Temporary status shall be granted to all employees appoin[ed for work
on a seasonal, less than one-half time or to other non-permanent work.
Full Cime employment in any posi[ion under a temporary appointment shall
not exceed four (4) months in any twelve (12) month period.
Section 3.5. Exemp[ Status
Exempt status shall be granted to all employeea occupying positions
not sub~ect to Jurisdiction B of the Personnel Code.
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INTGR-POSIT[ON TItANSPE• OF GPIYLOYEGS •
Sec[fon 4.0. Pramo[ions
A promotion shall be defined as the appointment of a certlfied or exempt
employee occupying a position !n a lower classification to a vacant posi[ion
in a higher classifica[ion. Yromo[ions may be made on a non-competitive or
closed-competitive basis irrespective of the existence of ellgible lists for
the same position classifica[ion which may have been constructed from open-
compe[itive examinations.
Section 4.1. Transfers
A transfer shall be defined as the appointment of an employee [o a vacant
~ position having an assignmen[ to the same pay grade as the position previously
I occupied by the empioyee immedia[ely prior to the transfer. The status of
I the employee so transferred shall not be affected by the trnnsfer; provided,
}iowever, that a[ransfer shall not be made from a position subject [o
Jurisdiction B to one tha[ is exempt therefrom. The applicaM lity of requiring
a qualifying examination of the employee as a prerequisite to the transfer
shall be as de[ermined by the Personnel Officer in reviewing whe[her desirable
minimum standards of the position have been met.
Section 4.2. Voluntary Reduc[ions
A voluntnry reduction shall be defined as tVie approved reques[ of an
employee for an appointment to a vacant position having an ~ssignment to a
lower pay grade from tl~e posi[ion previously occupied by [lie employee immediately
prior to the new appointment. The status of the affected employce shall not
be changed as a result of [he new appoin[ment; provided, however, that a •
voluntury reduction may not be made from a position subject to Jurisdiction B
[o one that is exempt therefrom. Tlie 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 Mrector in ~
reviewing whether desirable minimum s[andards of the position have been mot.
Section 4.3. Demotions
A demotion shall be defined as the involun[ary reduction in rank or grade
and shall be made only for cause. No demotlon shall be made withou[ the
Appointing Authority first having reviewed a statement for cause as submitted
by tlie department head having supervisory control of the employee. Sa1d
statement for cause shall be given in writing to the affected employee. The
i
status of a demoted employee shall be determined in the same manner as provided
by the rule on voluntary reductions, above. .
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• 8/1/73
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. p1SCLPLINARY ACTIONS
_Section 5.0. lJarning Notices -
At the discretion of the department head I~aving supervisory control warning
no[ices in writing may be prepared and served on an employee for minor
infractions oE regulations or for unacceptable conduct. A copy of each such
warning no[ice so served will be Eorwarded to the Personnel Officer who will
retain it aith other personnel records of the offending employee. Such records
may be used to substantiate subsequent, more serious disciplinary actions.
Tlie misconduct of an offending employee shall be reviewed for indication of
improvement or correction. Such information will be re[ained with other
personnel rccords for a period of three years only.
Section 5.1. Suspensions
A department head having supervlsory control may suapend an employee
wittiout pay for serlous or repeated infractions of regulations. Such sus-
pensions may not exceed thirty (30) days in any twelve (12) month period
without the right of Che employee to file an appeai with the Appointing
Autiiority fur a hearing on the matter. (See Section 6.3. Who May Appeai)
Plothing contained herein sliall preclude the right of the department head
to requirc an employee to cease work immediately and leave the work premises
wici~out pay when such action by [he department head is in the interest of
safeguarding tfie health, safety and welfare oE the City, its employees,
ci[izens and their properties. ~
Section 5.11 Dismissal
An employee may be dismissed by a auperviaing department head for eub-
stantinted cause when it is deemed [o be in the best intereat of the City.
Upon verbal or written notice of diamissal an anployee ahall be required to
8/1/7J
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Revised 6/25/81
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lcave the work premis•with loss of al.l rights and pri•leges of employment.
An employec holding cer[ified Status may appe:tl from dismLssal [o the AppointinF
Authority witiiLn three (3) working days Erom date ot notice o[ dismissal. If
no appeal is Lnitiated within the specified period, [lie dismissed employee shall
be disctiarged from employment.
Section 5.2. Discharges
An employee shall be discharged from employment with the City after dismissal
without appeal or af[er denial of an appeal by the Appointing Authority. M
employee so dlscharged shalllose all pays, rights and privileges of employmen[
with the City on the effective date of no[ice of dismissal. A written statement
of the causes of discharge and dismissal shall be prepared for the employee's
personnel records and a copy given to the affec[ed employee.
Sectlon 5.3. Due f'rocess
ln each and every ins[ance involving the issuance of warning notices,
suspensions or the dismissal or discharge of an employee, such witl not be
effectuated without the employee first having been given in writing the
basis Eor such action being taken and the oppor[unity to question the reasons
tlierefore of i~is supervisor or departmen[ head. Said oppor[unity shall be as
soon as it is prac[ical af[er having been served the wri[[en notice and shall
not constitu[e any ltmi[ation o[herwise avail.able through the grievance or
appeal procedure.
8/1/73
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APPC•ALS AND IIEAR[NGS
Section 6.0. Form oC Appeal
All appeals to [he Appointing Authori[y shall be in wri[ing and shall be
signed by the employee.
Section 6.1. Filing of Appeal
The filing of an appeal to the Appointing Authority shall be accomplished
by the submieston of the signed written document to the Personnel Direc[or
who shall be responsible for [he issuance of proper notifications.
Sec[ion 6.° Representation
An employee submit[ing an appeal to the Appointing Authority may be
represented by a person of his choosing or may elect to repreaent himself;
provided, however, that when an employee is to be represented by another
person the name oE that person shall be made known to the Appointing Authority
at least three days prior to the sched~led hearing. Substitution of repre-
sentation may only bc as permitted by the Appointing Authority.
Section 6.3. Who Pfay Appeal
Any employee may file an appeal wi[h the Appointing Au[hority as the
final step of the grievance procedure, for euspensions exceeding thirty (30)
days in any twelve (12) month period, or after notice of dismissal. Appeals
Crom dismissal may be Eiled only by employees currently holding certified
status at thc time of dismissal.
Section 6.4. lienrings on Appeals
If deemed necessary, hearings may be held on appeals by the Appointing
Au[hority. The conduct of such hearings shall be as determined necessary by
tl~e Appointing Autiiority to best evalua[e each appeal on its merits.
8/1/73
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SGCTION 7.0. GRIEVANCE PROCF.DURE
I Definition and Procedure A grievance is a dispute or difference of
! opinion raised by an employee covered by this Agreement against the City
involving the meaning, interpretation or application of the express provisions
of this Agreement (or existing work rules). A grievance shall be processed
in the following manner:
Step 1: Any employee who has a grievance shall submit it designated
as a grievance to the employee's immediate supervisor, who is designated
for this purpose by the City. The supervisor siiall give the employee an
oral answer wih[in five (5)calendar days after such presentation.
SteP 2: If the grievance is not set[led in Step 1 and the employee
wishes to advance the grievance to Step 2 of the grievance procedure, it
shall be referred in writing to the employee's next highest supervisor within
five (5) calendar days after the supervisor's oral answer, or answer due
in Step 1, and shall be signed by the aggrieved employec and the employee's
designated representative/Union Business Agent. The written grievance shall
contain a complete statement of the facts, the provision of provisions of
this Agreement or work rules which the City is alleged [o have violated and
the relief requested. The supervisor or othcr person designated for this
purpose shall discuss [he grievance within Eive (S)calendar days with [he
employce and the employee's designated representativc a[ a time mutually
aFreeable to the parties.IE no settlement i4 reached, the supervisor or other
person designated Eor this purpose shall provide the employee a written answer
witliin five (5) calendar days following their meeting.
SteP 3: If the grievance is not settled in Step 2 and the emplyee wishes
Co appeal the grievance to Step 3 of the srievance procedure, it shull be
referred in writing to the employee's llepartment Head within five (5) calendar
days after [he supervisor's answer in Step 2 and shall be signed by both
the agqrieved employee ~nd the employee.'s designated representative.
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~ Chz Uepar[ment Head shall discuss che grievance within five (5) calendar
days wi[h the employee and [he employee's designa[ed representative at a
time mutually a~reeable to the parties. If no settlement is reached, the
Depar[ment Head shall give the City~s wri[ten answer [o the employee within
five (5) calendar days following their meeting.
Step 4: Lf the ~ricvance is not settled in Step 3 and [he employee
wishes to appeal the grievance to S[ep 4 of the grievance procedure, [he
employee's designa[ed representatlve may refer the grievance to advisory
mediation as described below within Eourteen (14) calendar days after the
decision is provided at the third step.
(1) The parties sha.tl attemp[ to agree upon an advisory arbitrator
il
within seven (7) calendar days after receipt of the no[ice of referral. In
Che event that parties are unable to agree upon an advisory arbitrator within
said seven (7) day period, the parties shall immediately jointly request
the State ~fediation and Concili:ation Service to submit a panel of five (5)
advisory arbitrators. Each party retains the right to rejec[ one panel in
its entirety and reques[ tha[ a new panel be submi[ted. Both [he employce's
designated represetnative and [he City shall have the right to strike two
(2) names from the panel. The party requesting advisory arbitration shall
strike [he first two names: the other party shall then strike two names.
The person remaining ~hall bc ttie advisory arbitrator.
(2) The advisory arbitrator shall be notified of liis/her selection
and shall be requested to set a time and place for the hearing, sub~ject to
the availability of the employee's d~signated representative and the City
representative.
(3) The City or the employee's designated representative have tlie right
to request the arbitrator to require the presence of witnesses or documents.
T}ie City and the employee's designated representative retain the right to
employ legat cnunsel.
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~ '(4) The advisory arbitrator shnll s~bmit his;/her recommenda[ion in
~ writLng wi[hin thirty (30) days following the close of the henrinK or [he
submission of briefs by the parties, wl~ichever is later.
(4) More than oue grievance may be submitted to the same advisory arbi-
tra[or if both partics mutually agree in writing.
~ (6) The Eees and expenses of the advisory arbitrator and the cost of
a wzitten transcript ahall be divided equally between the City and the em-
ployee's designa[ed represen[ative: provided, however, that each party shall
be responsible for compensating its own representatives and witnesses.
Limita[ions on Authority of Advis~ry Arbitrator 'fhe advisory arbitrator
I shall have no right to amend, modify, nullify, ignore, add to, or subtract
from [he provisions of this Agreement. The advisory arbitrator shall consider
~ and decide only the qucstion of fact as to whether there has been a violation,
misin[erpretation, or misapplication of the specific provisions of this Agree-
ment. The advisory arbitrator shall be empowered to determine the issue
raised by the grievance as submitted in writing at the Second Step. The
advisory arbitrator shall have no authority to make a recommendation on any
issue not so submitted or raised. The advisory arbitrator shall be without
power [o make recommendations contrary to or inconsistent wi[h, in any way,
applicable laws or rules and regulations of administrative bodies that have
the force and effec[ of the law. The advisory arbitrator ahall no[ in any
way limit or in[erfere with the powers, duties and responsibilities of the
City under law and applicable court decisions. The recommendation shall
bc advisory only.
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AT'P~dllANCE AND LLAVES UF ABSGNCF. •
Section 8.0 Ilours of Work
The normal work wcek shall be Dtonday through Friday. the normal work
day sl~all be from 8:00 a.m. to S:OU p.m. wi[h one (1) hour off for lunch.
A variance to the normal work week or work day may be establisi~ed
by the department head with ttie written approval of the Appointing Authority
when such ~s deemed by the Appointing Authority to be in the best interest
of [he City. Any such variance shall identify the positions to which it
applies and shall be filed with the Personnel Officer.
Section 8.1. Holidays
The following names holidays ahall be considered as non-work days.
(a) New 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) Chris[mas Eve (1/2 shift on regular work days only)
(j) Christmas Day
(k) New Year's Eve (1/2 shift on resular work daye only)
Section 8.12.
In addition to the foregoing paid holidays, eligible employees
shall be allowed to schedule two workdays as additional holidays. Tliese
two floating holidays shall betaken at dates of the employee's selection,
provided Chat prior supervisory npproval be obtained. For new employees,
floating holidays will be pro-rated the calendar year in which they were
hired in the following manner:
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Revised f~/81
• (a) F,mployees t~d after January 1 hut on or be~c March 31 shall be
entitled to two flo:iting holidays in that calendar year.
(b) limployees hired on or after Aprtl l but on or before September 3p
shall be entitled to one floating holiday in that calendar year.
(c) Empioyees iitred on or after October 1 bu[ before December 31 will not
be entitled to floating holidays in that calendar year.
Se:ctLon 8.13.
When a holiday or n non-worlc day falls on a Saturday the preceding Friday
I shall be o6served as the non-work day and when a holiday falls on a Sunday the
following Ftonday shall be observed as the non-work day.
Suction 8.14.
The period he[ween 12:00 noon and 3:00 p.m. on Good Friday shall be
considered as a non-work period.
Section 8.15.
Nothing con[ained herein shall preclude the rigt,r of the department head
with the approval of the Appointing Authority to reschedule work assignments
nr hours of work [o meet emergency si[uations and other administrative necessi[ies
caused by the observance of a holiday or non-work day or period; provided,
however, that all such affec[ed employees are duly compensated for said re-
scheduled work assignments.
Section 8.16.
Employees wtinse nocm:al work day is at variance vith the normal work hours
specified in Section 8.0 of these rules may be compensated for the differential.
shift tiours their duties require. The City Atanager may establish suituble admin-
istrative policies and guidelines for this compensation.
Sec[ion 8.17. Holid~ Pav
In order for an employee [o receive his regular pay for ~ holiday or
' t~' ' 8/8Q
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' de5lgnated non-work day, work must be per[ormed on the regular scheduled
day before and the regular scheduled day after the holiday or designa[ed ~
non-work day. Employees on vaca[ion, injury leave, approved short term
leave of absence, with or wi[hout pay, or who submit satisfactory evidence
of personal ilLness shall be considered as working their regular schedule
for pay purposes.
Section 8.2 Vacations
All employees, other than those holding [emporary status, wliose
work assisRnmen[ is of a recurring nature of not less than a normal work
~ week shall accrue vacation credits. After twelve months of continuous
1~I employment, accrued vacation may be taken with [he prior approval of the
department head.
During the first three years of employment, an employee shall earn
vacation credit on the basis of S/6 work day, or the hourly equivalent,
for each complete month of con[inuing service.
During the fourth year of employment, an employee shall earn vacation
credit on the basis of l~y work days, or the hourly equivalen[, for each
completed montli of continui~ig service.
During tlie fifteenth year of employment and [herenEter an employee
shall earn vacation credits at the rate of one and two chirds (1 2/3) work
days, or the hourly equivalent, for each month of completed continuous
service.
Full vaca~ion leave shall be taken ac one time by any one employee
whenever possible. The [ime durinq the calendar year at which an employee
shall take his vacation shall be determined with due regard for the wishes
of the employee and particular regard for the needa of the service.
Vacation leave of less than the full amount earned may be taken with the
ripproval of the depar[ment head.
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Rrvi~:r~l ~i/RI
On termination ~employment or on receivinK a]~e of absence
of more than threc (3) months an emplo}ee who has completed twelve (12)
' monttis of continuous service witli the City shall be enCitled to receive
compensation for all earned bu[ unused vacation accrued at Che [ime of
termination or at tiie start of said leave of aUsence.
The accrual of vacation credits for those employees whose normal work
week is of not less t}ian one-half time shall be prora[ed according
to the time of the recurring work assignmen[ as to the normal work week.
Section 8.3. Sick Leave
All employees, other than those holding temporary status, siiall
i
earn eight (S) hours per montti sick leave time withou[ limit on accumu-
~ lation. Employees absent wi[hout pay for any reason for more than foc[y
(40) hours during a calendar month shall not earn sick leave benefits for
that mon[h.
Sick leave may be utilized due to the employee's personal illness,
injury, ma[erni[y, or sickness or injury in the immediate family.
Immediate family is defined as spouse and children. Employees shall,
whenever possible, make appointments for medical, den[al, and similar
purposes on non-work hours. If [his is not possible, sick leave may be
used for these purposes.
With proper no[ice and approval of the supervisor, sick leave shall
be taken in periods ot no less than one-half hour increments.
Section 8.31. Personal Leave
The City shali allow twenty-four (24) hours of accumulated sick
leave [o be used for conducting personal business which c:~nnot be con-
ducted outaide regular working houre.
The employee must request leave, if non-emergency, at least forty-
eigh[ (48) hours (two working days) prior to the time of utilization on
the form presently provided. In cases of emergency, the for[y-eight (48)
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Revised 6/81
hour notification pr~dure may be waived by the imme~te supervisor,
pYOVided the form is compLeted and the reaon for the request is stated
' upon return.
Sec[ion 8.32. Bereavement Leave
Employees shall be gran[ed paid bereavement leave not to exceed three
(3) work days upon [he occasion of dea[h of a cloae relative. Close
relatives are defined as mother, father, sister, brother, wife, h~sband,
cliild, grandparent, grandchildren, mo[her-in-Law and father-in-law.
Section 8.33. Absence No[ification
, An employee is expected not to absent himaelf from work Eor any
reason other than personal illness without makins prior arrangemen[s
with his cupervisor. Unless prior arrangements are made, an employee, who
for any reason, fails to report for work must make a sincere effort to
immediately notify his supervisor of his reason for being absent. If the
absence, whether for personal illness or otherwise, is to continue beyond
the first day, the employee must notify ttie supervisor on a daily basis
unless otherwise arranged wi[h his supervisor. ln proper cases, excep[ions
will be made.
Any unau[horized absence of an employee from duty shall be deemed to
be an absence withou[ pay and will be grounds Eor disciplinlry action by
the department head. In the aUsence of such diaciplinary ac[ion, any
employee who absents himself for three days or more without authorized
leave shall be deemed to have resigned. Such aUsence may be covered,
however, by the department head by a following grant of leave with or
without pay when extenuating circumstances are found to have exiated.
Section 8.34. Unused Sick Leave
The City ahall pay an employee for unused balance of sick leave
upon re[irement, or termination for other than ~uat cAUSe, according to
the Eollowing schedule:
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1. Upon retirement, which shall require the formal filing oE
[he appropriate forms wi[h the Public L:mployees P,etirement _
System, a cash payment shall be made equivalent to sixty-five
percent (65X) of the dollar value of the unused sick leave
balance exceeding forty (40) days. The dollar value Eor s~ch
payment shall be calcula[ed at a wage rate which is the avera~e
of the preceding five (5) years for the employee.
2. Upon termination for other tf~an disctiarge with just cause, a
cash payment shall be made equivalent to fiEty percent (50%)
of the dollar value of the unused sick leave balance exceeding
for[y days. The dollar value for suct~ paymen[ shall be cal-
culated a[ a wage rate which is the average of the preceding
five (5) years for the employee.
Section 8.4. Leaves of Absence
Leaves of absence wi[hout pay not to exceed three (3) consecutive
work days may be granted to an employee by his depar[ment head. Such leaves
of absence in excess of three (3) consecutive work days shall require
the prior approval of the Appointing A~thority. All such leaves of nbsence
in excess of ten (10) work days shall huve the prior wri[ten approval of the
Appointing Authocity and shall bc reported to the Personnel Officer
on the appropriate form provided.
Section 8.5. Military Leave
Piilitary leave shall be granted in accordance vith the provisions of
S[ate law.
All empioyees entitled to military leave shall give their aupervisor
an opportunity, wi[hin the limits of the military requiremen[, to determine
when such leave shall be taken.
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Reviaed 6/81
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1
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, Section 8.G. Jury Duty
Gmployees called for jury duty shall be paid the di[ference for suct~
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. Temporary Disability Benefits
Any employee sustaining an in~ury arising out of, or in the course of,
the performance of his ~ob and who cannot work a[ the duties and responsi-
bilities normally assigned to that job is entitJ.ed to receive temporary
I disability payments as prescribed by state law.
Any employee entitled to receive temporary disability payments ~y
, elect to supplement such payments with an amount not to exceed that which
is [he employee's weekly earnings or weekly earning capacity by use of sick
Leave paymentsto [he extent that such personal leave has been accrued
to the employee's account.
Section 8.8. Maternity Leave
Employees shall be granted maternity leave without pay if they have
been employed by the City for at least twelve (12.) continuous months.
Like other non-industrial disabilities, employees may use sick leave and
vacation leave to supplement lost wages. The City will pay health and wel-
fare benefits until the employee is released by her physician to return
to work or Eor sixty (60) days, whichever comes first.
Section 8.9. A[tendance
Employees shall be expected to report for work promptly a[ the
start of each work period and to perform their given work asaignments
diligently until the end of [hat work period. An employee who is not
able [o do so shnll so advise his supervisor of that fact at the earliest
possible time after that fact is known to him. Abuse of nttendance
8/78
Revised' 6/81
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~ ~
requirements may be grounds for appropriaCe disciplinary action.
Section 8.91.
'i Adequate and proper attenJance records shall be maintained for each
~i employee which records shall form the basia for payroll and accounting
I, requirements.
I Sec[ion 9.0. Overtime
' It shall be the policy of the City to keep overtime at a minimum.
I When situations arise which require an employee to perform outside of
the normal work week, compensation shall be made in one of tlie following
' ways.
~
i Sec[ion 9.1. Non-Exempt Overtime
~ All approved work performed by employees in excess of 40 hours in
li
I~ any work week, shall be paid at [he rate of one and one-half (1!~) times
[he normal rate of pay. Work pcrformed on Saturdays, Sundays and City
holidays or during an employee's scheduled vacation shall be considered
to be overtime and paid accordingly. Employees may elect to receive
compensatory time off in lieu of being paid tl~e overtime r~[e at the rate
I of one and one-half (1!~) hours off for each hour so worked.
I~i Section 9.2. Exempt, Non-Management Over[ime
II' An employee, not eligible under the Management Compensation Program,
il
~ who is reqaired to perform assigned duties in excess of 40 hours in any
I
; work week may, at the employee's option, receive compensatory [ime off
~
i in an amount equal to one and one-half (1!~) times the time so worked
or be paid at one and one-half (1~) times the regular rate for such work.
~
Section 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 asreed
upon between the employee and the supervisor. Exception of this rule shall
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' bc- allowahle only on specific authorization of the Appointing Authority ,
• Sec[ion 9.3 Nanagement and Confidential Overtimc
All approved work in excess of the notmal work day or normal work week
performed by employees occupyin~ posi[ions officially designated as management
or confidential and not otherwise compensated shall be compensated with compensatory
time off in like amount for the time so worked. Such compensatory time off
shall not be officially recorded for attendance and payroll purposes, and
shall be caken at such times within the calendar year in which i[ is earned
as is mutually agreed upon between the employee and the supervising department
head.
Section 9.4 Stand-by-Pay
Employees who are required to make themselves available for bein~ called
back to work outside the normal work period shall be compensated for such
stand-by assignment at the rate of $75.00 per week for each week so assigned.
OTHER CONDITIONS OF EMPL~YPtENT
Section 10.0 Continuous Service
Continuous service shall be defined as the uninterrupted service of
an employee from the date of his latest appointment to the then present time.
Continuous service shall be broken through death, discharge, resignation,
retirement or layoffs exceeding twelve (12) months duration withou[ the employee
having been relnstated. Continuous5ervice sh.~ll be interrupted through
n leave of absence without pay exceeding ten (10) work days, Layoffs and
suspensions excceding ten (10) work days.
Section 10.1. Reimbursemen[ for Travcl and Other Expenses
Employecs who occasionally are required to use t}ieir personal vehicles
for City business shall be reimbursed for such use at an appropria[e rate
to be determined by n schedule adopted by the City Council. Submiesion of
a reqcest for reimbursement must be approved by the department head.
. 8/7$
- 23 -
Rcv{si•d fi/R1
~ ~
.Section L0.11.
• a) 6mployees, other than department heads who are required to use their
personal vehicle for City business on a recurcing and often basis sliall,
witli [he approval of [he City Manager be reimbursed at [he rate of fifty
dollars ($50) per month for the given number of miles to be determined by
a schedule adopted hy the City Council at the established rate per mile for
each mile in excess of tlie aforementioned mileage reimbursement of $50.00
(b) Employees other tlian department heads who were hired prior to March
Zz, 1973 ~nd who are reimUursed for the use of [heir personal vehicle for
City business at the rate of seventy-five dollars ($75) per month for sucfi
use shall continue to receive said reimbursement withou[ the requirement
of reportinF a record of mileage incurred on City business. The exception
to thia paragraph sllall be the Buildine Official, the Assistant City Engineer
and the Assistant [a the City Manager who shall be reimbursed at a rute
of one hundred dollars ($100) per mon[h.
(c) Depar[ment heads who are not provided a City automobile shall be
rcimbursed for the use of their personal automobile for City busineas at
the rate of one-hundred fifty dollars ($150) per montli and at an appropriate rate
to be determined by a schedule adopted by the City Council for each mile
in exceas of an amount also to be Jetermined by the City Council (sce Resolution
I15006, dnted May 24, 1979).
Section 10.12.
Employees who ure required to advance personal funds for the purchase
of minor materials and supplies or for other approved services durins the
performance of or arising out of the duties assioned [o the employees vork
shall be reimbursed for funds so expended.
Section 10.13.
The City Manager may prescribe auch administrative rules und regulations
- 24 - 7/80
Revised ~~/81
• ~
~;cv~erning the all.owable kinds ~nd amounCS of such reimbursable expenditures
.•and the methods and procedurns usable to ~ubstan[iate and process submi[ted
claims.
Section 10.2. Layoffs
Layoffs of employees may be made by the Appointing Authority for lack
oE funds, lack of work or for uther similar and just cause. The order of
layoff shall be that which, in the opinion of the Appointing Au[hority, will
cause [he least disrup[ion of service to the Ci[y; (Sub,ject to the provisions
of Section 13 and Resolution No. 4193) provided, however, that within any
given position classificaition employees whose salaries or wages are funded
in part or whole by Federal employment grants shall be laid off first before
employees holding certified s[atus and who occupy posi[ions funded from sources
other than Federal employment grants.
Unless otherwise prevented from doing so as a result of condi[ions ar
si[uations 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 tlie 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 layofE and shall have
the first o,portunity Eor reinstatement. Failure to respond within ten days
to a writ[en notice of such oppor[unity shall cause that name to be removed
from thc recall list.
Employecs whose salaries and wages are funded in part or whole by Federal
employment grants and who nre laid off shall not be eligible for reinstatements
until all other employees whose names are on the recall list have been given
the oppurtuni[y for reinstatement and have rejected the offer.
8/78
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Section 10.3. Seniori• ~
Sentority sliall be defined as [he length of con[inuous service in a given
~classifLca[Lon. Seniority shall not be affec[ed by a change in the alloca[ion
of a position, by a change in the class specifica[ions or by a change in the
evaluation of ti~e class of positions.
' Section 10.4. Training Programs
~ lt shall be the pnlicy of the Ci[y [o encourage employee participation in
training programs whicli will be of benefit to the employee and the City in the
better performance of t~is work and as a means of providing assistance in the
~ employee qualifying for promotional opportuni[1es, The Appointing Authority
~ may ~rescribe sut[able regulations and guidelines under which sucli programs
may be adminis[ered.
Sec[ion 10.5. Sugges[ion Sys[em
Suggestions of employees relating to [he improvement of work related
mattecs shall be encouraged. The means of receiving, processing and implementing
such suggestions as well as [he method oE giving appropriate recognition [hereto
shall be as prescribed by the Appointing Auchority.
Section 10.6. Hospi[alization, Medical, Dental and l.iFe Insurance Programs
It sliall be tlie policy of the City to provide suitable group hospitalization,
medical, dental and life insurance programs under which employees and Cheir
dependents may be covered. The needs of the employees shall be given due
consideraCion.
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k:?L°~OYEE-GM['LOYER RELATIONS
~ Section 11.0. Memoranda of Understanding
1
~ Rules relating to those matters of mutual interest and cancern between City
i
management and City employees which are subject [o meeting and conferring in
( good faith shall be as m~tually agreed to between the two par[ies and as approved
by [he City Council in Memoranda of ilnderstanding. In the absence of such
Ptemoranda the Rules contained herein shall apply wherever applicable. In :.he
absence of any specifle Rule on any given matter the City Manager in that capacity
or as tl~e Appointing Au[hority shuil establish suitable policies by administrative
regulations and orders which shall be conaidered as supplemental hereto unless
or until amended or superseded.
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