CC Resolution No. 5906 • RESOLUTIOtJ N0. 5906 ~
A RESf1LU'Plcl~d OF Tllli CITY COUNCII. OF THIi CI1'Y QF CUPERTINO
' MtIiNU1NG T}IG RULES ON CONDITIONS OF ElIPLOYMENT
. 1JIIF.RE~1S, ttie Rules on Conditions of Employment need [o be modified in
order L~ conform with the Memoranda of Understanding between City of
Cuper[ino and [he ltiscellaneous Employees Unit and Public Works Unit;
NOIi, T11P.RGFORF., RG IT RESOLVF.D that the Rules on Conditiona of Employ-
men[ be amencled ~s stiown in Attachment "A" which is lncorporated in this
resolution by teference.
i
PASSCD ANb ADOPTF.D at a regular meeting of the City Council of the City
I of Cupertino this 6th ~1ay of July , 1982 6y the following
~ vote:
~ Vote Memberg of the City Councll
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
' ABSTAIN: None ~
APPROVED:
~ •
Pta or, ity of Cuper~lno
A'fTCST:
o-i..R--~... ,
City Cierk
. .
~ CITY OF CUPERTINO
I
I
I
RULES ON CONDITIONS OF EMPLOYMENT
JULY 1, 1982
C:~tc~ory • Section Subj•t Pa e
AI°fPNIIAPICH AND I.IiAVfS
OF ADSF.NCE . .
R.0 Ilours of Work 14
8. 1 Ilolidays 14
• A.11 lloliday Pay 15
A.2 Vacationg 16
R.3 51ck Leave 18
8.31 Persnnal l.eave 18
8.]2 Tiereavement Leave 19
8.73 Absence Notification 19
8.34 Unused Sick f,eave 19
8.4 l.eaves of Absence 20
A.5 Milttary Leave 20
8.6 Jury Du[y 21
A.7 Tempornry Disability Benefits 21
g,g Mnt~rnity Leave 21
21
8.9 Attendance 21
9.0 Overtime ZZ
9.1. Non-f•.xempt Overtime 22
9.2 F.xempt, NomNanagement Overtime 22
9.3 linnngement and Confidentiai
Overtime 23
. 9.4 Stand-by P~y 23
(1'1'IIC•.R CONDITIONS
OP Fl1PL0YhtENT
10.1 Con[inuons Service 23
1~.1 Reimhur5ement for Travel and •
Other Expenses ' 23
10.2 f,~y~fEs • 25
]0.21 Reinst~tements 25
10.3 Seniority 26
10.4 Trnining ProFram9 26
10.5 SuF~es[lon System 26
10.6 Hospitalizntion, Medical, Dental
and l.ife Insurance Prngrams 26
1•71 I`I dtY ti I: 1•?tP I.OY ER
KIi1.A7'1.ONS
11.0 Pfemoranda of llnderatanding 27
8J1/80
. INnex .
C:~tegory Section SubJect Pa e
CGNERAL AUMINISTRA'f[ON
~ , I.0 Purpose 1
1..t Policy 1
7.2 Administration 1
1.3 Interpretation 1
1.4 C~veragc 2
1.5 Repeal oC Exiscing Rules 2 ~
l.6 Amendmentr~ [o Rulea 2
1.7 Effective Date 2
RGCHUITHIiNT AND'
RETENTION
2.0 Techniques of Recruitment 1
2.1 F.xam[na[tons 3
2.2 Iillqihle L1st5 3
2.3 Solectton ~C F.mployeea 4
2.4 Appointment Approval 4
AI'PO f NTPfENTS AyD
ECIPLOYEE STATUS
3.0 AppolnCmentc 5
3.l Certitied Status 5 '
3.2 Proh~tlnnary Sta[us 5 '
3.) Frovisiona] Status 6 ~ '
3.~i Temporary Status 6
3.5 Exempt Status 6
INTI:R-POST9'ION TRAN5FERS
OF EP4'LOYEES
4.0 Promottons 7
4.1 Transfers 7
4.2 Volun[ary Reductions 7 '
4.7 Demotions 8
DISCIPLINARY ACTIONS .
S.0 Warnin~ Tl~tlces . 9
5.1 Sugpensi~~ns ' 9
s.li nigmtg~,i 9
' S.2 Dlsch~rges 10
5.) Due Process 10
APPEALS AND ItEARINCS
6.0 Form of Appeal 11
(i.l Ptling nf Appeal • 11 .
6.2 Representa H on 11
6.7 Who Mny Appcal 11
6./i Ilearings on Appeals 11
GRIF.VAN(;li 1'ROCF.DURI:
7.0 Definition ~nd Procedurc 12
Limitatinns on Authority of .
Advisory Arbitrator 1J+
8/1/78
' . FIIL[iS
nr~ ~
C:ONDITLONS OF F.PIFLOYMGM[~
G4:NfFLV. AUPIINIS'L'Et/tYtON
Section 1.0. Furpose
. The purpose oE these Ruies ehnll be to provide the basis of common understanding
betwcen supcrv(sors and employees as to terms and condiCions of employment insoEar
ns they are not superseded by a formally adopted Memorandum of Understanding for
sucli terms anJ conditions of employment as are permitted for incluaion therein under
[hc provislons of Chaptcr 6 of the Personnel Code, Gmployer-Employee Relations.
Section 1.1. Po11cy
The poltcy under whicli these Rules stiall be administered is one of fairneas
both to ttie employee and the Ci[y and of uniformity of action so that all may be
nvarc of tVie duties and responsibilities of the employee in this regard ae well
ae the ri~hts and privileRes of employment with the City.
Section 1.2. Adminlstration
The administration of thesA Rules is hereby invested in the Personnel Officer
subject to administrative policies as set for[h by the City Manager~ y~ho ie the
Appoin[ing Au[hority. •
Seccion L.J. Intecpreca[ion
Any interpretntlon, definition or meaning oF any provision~ term or condition
cun[~ineJ hcrcin sliall bc as set forth in writing by the Pereonnel Officer whose
inecrpretntion, dctinicion or meaning ahall be conaidered as being supplemental
hernto,
A/1/AO
~ Reviaed 9/15/80
ti
i All offlcers,~ployees and poaitions ehall he~Ject to these Rules
save and except Cor [hose ofI[cers, employees and posltions specifically
' enumerated heretn6elow.
~ . ' .
: (a) All elec[ed OfLicera
~ . (b) Ci[y Dlanager
(c) Assistan[ City Planager
(d) City Attorney
(e) CI[y Prosecutor
i
(f) Chalrmen and members of appointed boards, commiasiona and
committecs
~ (g) Persons engaged under contract to supply expert, professional,
~ technical or other services.
' Section 1.5. Re~eal oE Existing Rules
All existing Rules and other policies currently or heretofore in effect
' relating [o those terms and conditions of employment as provided for herein
, are hereby re~;cinded and repealed.
Section 1.6. Amendments to Rules ,
Amendments to and modi[ications of these Rules shall be as set 4oYth in
the Personnel Code.
Section 1.J. ElEective Date
These Rules sh:ill he filed wi[h the City Clerk on adoption by the City
Council :~nd ~i~nl] 6ecome cf[ective immediately thereafter.
-2- 8/1/73
. . . . ;..~I . . . . . . . . .
SecCion 2.0. Tech ies nE RecruLtment •
Rccruitment of cmployces Eor positions in the City shall be the
responsibilt[y of the I'ersonnel Officer who.may request the advic~ and assistance
of or delegate the Eunction to a department head with his consent. The
techniques nncl procedures o[ recruitment ~hall be those most effective in
attracting qu~ll[ied applicants for positions with the City without regard to
race, relig[on, sex, national ocigin or political background.
Sec[ion 2.1. Examina[ions
Examinations shall 6e prepared and adminis[ered to test fairly the fitness
of applicants. Said examinations shall be comprised of any one or more processes
oC written, oral, physical fitness, unassembled or such other method as can
serve the ~luCpofie of determining the skills and knowledge, qualification or
fitness of the applicant. The determination as [o the proceases that will be
used for each position classification shall be that of the Personnel OFficer
who may obtain and utilize such assistance as may be required to fulfill the
~ intent o£ tl~is sectton. Said examina[ions may be competi[ive or noncompetitive;
~ provided, however, that advance pu611c notice be advertised prior to each such
i •
competitive examina[ion as to the method by which the eligible list ~hell be
i
~ prepared, its e[fective lite, weighting factors and such other detail that may
I
! provide the a~~Lt~,~,c with a betcer understanding of [hc examina[ion and
~ selection process [or the position Eor which he is applying.
~
SecCton 2.2. I:ligiblc LisCs
Whenevor cnmprtitlve examin~ttons are adminis[ered the names of auccessful
~pplicants thcreto sh~ll be pl~ced on lis[s (rom which nppointments therefrom
siiali he madc during tfie e[Eective term of the list. Eligible liate may be
. constructed so ~s to Rive numerical rankings of auccesaful applicanta or in
-3- '8/1/80
. i rnlogorY 8r}iptn~s when
- sald lists are obtai~ from examinatione adminiatered
i~~ m~nner or• (C~~m examinatton, adm;nistered on a pass-fail basis,
' Sectton 2,], Selectio? of
• ~ Em lo ees
sr'+1
1'he selec[ion of a successful a
pplicant for a position with the City
• shall he made by ti1e
departmenc head having aupervisory control of tlie poaition
' to be Cilled. The department head shall recommend such selectlon of the
, Appointing Authority who
may approve or disapprove an appointment.
5?~ lf the selection of a
successful applicant ia to be made from aR
~ e(igible 115[ c:onstructed by numerical rankin
i j
~ B che person selected shall be
i Irom one of the three highest available
I persons on [he llst, If the aelection
of c~ successFul a
~ pplicant ls
to be made f.ram an eligible lis[ constructed
by category groupings the
person selected ahall be from nmong those available
~ in the hig~~es[ category before
a selection may be made from a lower category,
i Section 2,4. Ap~ointmc__
n~~~proval
I ~1 ~ppointments whether from eli
' gible lists or not ~nd irrespectlve
of the type of position to which one is made shall be nppro~ed by the
! Appointing Authority before becoming eFfec U ve. .
i,
.
i ,
i
iI
I
8/1/73
_4_
, ,
. N 1 uiWl'P1EN'tS ANfI f~.DYF;E STATUS •
5ectlon 3.0. Af~uinCmenis
All app~intments to posi[ions subJect to Jurisdiction 61 of the Peraonnel
Code and as approveJ by the Appointing Au[hority shall be made in.one of the
following named manners and the affected employee shall be grnnted the same
sCatus accordingl.y.
; Sectton 3.1. CertitLed Status '
~
~ Certified stati~s shall be granted to all employees occupying posltions '
~ subject to J~irisdiction B who have auccessfully comple[ed their probationary
period when eiLher appointed Erom an eligible llst or as the result of
I having successfully completed an exumina[ion for the appointment.
Section 3.2. Probationary Status
Probationary status shall be granted to all employees occupying posltlone
, sub,jec[ to .lurisdiction B wlio have been appointed from an eligible list or
when none is avaiJable as the resul[ of havtng successEully completed an
' examination for the appuintment. The probationary period may be not lesa
tlian tliree (3) montlis nor more [fian tvelve (12) months nnd sliall be as
specified for each cl~ss of positlons unlese when in the absence oE ~ epecified
duration i[ SI1811 bc six (6) months.
~(~ne of fnnr ~iirisdictions cre~ted by tl~e Persnnnel Code, Juriadiction B
~•Gtihlishes CII(` rl'~~V[Fj17~tg anc{ conditions for tl~e appointment, employment ~nd
rc~lcntt~n nf .nh_~er.L rmptoyecs n? n baeis of iner[t and CLtn~sS. The f.ollowing
~~ffices, pv.irtnn~: ;ind c•ropl~yees nre excluded from Jurisdiction B: All elected
i~((Irt~.S, City ,1an~~;,•r, AGqlstnnc City Manag~r, City Attorney, City Prosecutor,
Ch~irm~n :inJ Nombrr~: c~( ~pp~inted hoards, commissions and committees, persons
c~~f;~~F~~d undor cmitrrirt to a~,~~~y services, department heads, employees occupyinq
pn~itinns who~:e pr(ncip7l joh requlrement is gnnd physicnl fitness and,employees
srrving under app~intmencs of provisional, exemp[, temporary or emergency status.
Cupcrtino. Personnel Code, Title XII, Chap[er 1, Atticle 2, p. 2 and Chapter 4,
Ar[icle 1, p. 8.
8/1/13
-5-
~ :~tvtona~ .~c:icuti
, Provtstunnl .slus shall be granted to all emp~es who are appointed
nn oChcr than a temporary basis to positlons subjec[ to Jurisdiction B but for
! which no ellgible Lists exiet. Said provisional appointmenta shall be
~ ~
i termina[ed no later than one hundred eighty (180) days nfter appoin[ment.
I
i .
~ Section 3.4. Temporary St~W s
Tempornry ata[us shall be granted to all employees appoin[ed for work
on a seasonal~ less than one-half time or to o[her non-permanent work.
f
i Full time empl.oyment in any posi[ion under a temporacy appoin[ment ehall
i no[ exceed four months in any twelve (12) month period.
I
I
j Section 3.5. Exe~t S[atus
!
Exempt status sliall be granted to ali employees occupying positiona
~
not subJec[ to Jurisdiction B of the Personnel Code.
~ ~
i
,
~ 8/Ii73
_6_
, ~~i:,lll~~t: fRANSEERS OF ENPI.UYIiES
Ser.Lion 4.U. Prom~vns •
A promntion sh:il L he defined as thc rippointment oE a cer[ified or exempt
employee occupying a position in a lower cla'ssification to a vacant position
, in a higher classiftcation. Promo[lons may be made on a non-competltive oc
' cLosed-compeCitive b~sis irrespective of the existence of eligible lists for
i the same positlon classiEication which may have bee? constructed from open-
i
i competitLve examinat[ons.
Section 4.]. '[ransfers
~ A transfer sliall he deCined as tlie appointment of an employee [o a vacant
pnsition having an assignment to the same pny grade ae the poaition previously
i
occupied by tiie employee immedia[ely prior to the transfer. The status of
~ tlie employee so transferred shall not 6e afEec[ed by the transfer; provided.
however, that n trans[cr shall not be made from a posltion subject to
Jurisdictim~ [S [o one that is exempt therefrom. The applicability of requiring
a qualiEying examination of the employee as e prerequisite to the transfer
shall be as determined by the Fersonnel Officer in reviewing whethet deairable
minimum standards of the position have been met. ,
Section 4.2. Volun[ary Reduc[ions •
A votuntary reduction shali be defined as the approved request of an
employce (or an appointment to a vacant position having an assignment to a
lowec pny ~;r~de from tlie pnsitinn previousiy occupied by the employee immediately
~rtor to th~ new appoinlment. The status of tiic affected employee ehall not
bc chnn~cd as n resull of the new appointment; provided, hovever, that a
voluntary roJuctton may no[ be made from a poaition subject [o Jurisdiation B
' to one that is exempt therefrom. The applicability of requiring a qualifying
. exlmination aE [tie employee as a prerequisite to approval of e request for
8/1/80
_7_
. ,
a vo(untar)'.ductton shall
h~ ~5 de[ermined~
review~? Y the Personnel pirector 1n
g whether desirabie minfmum stanJ:~rds oF
the position have been met.
: Section 4.3. Uem_
o=ns
tiia' .
A demotion shall be defined
. ae the involuntary reduction Sn rank or grade
and shall be made only for
cause. No demotion shall be made withou[ the
Appointing AuCl~or[ty first havin
g reviewecl a statement for cause as submltted
bY the departmen[ head
having supervisor
statement for Y control oE the empioyee, Said
~I~ cause shall be lven i
g n writing to the affected employee. The
; st~tus of a demoteJ emplo
i;~ , yee shall be detcrmined ln
bY the rule on voluntar the same manner as provided
i Y reductions, above,
V
i ,i~
~
~
, •
~
'
1
_8_ 8J1/73
;
UISCIFLINARY ACTI~ •
Sectlon 5.0. lJ;~rnLig Notices
A[ the discre[lun of the department head having supervisory control warning
. notices in writing may be prepared and aerved on an employee for minor
infractions of regulatic,ns or for unacceptabie conduct. A copy of each such
warning no[ice ao gerved will be forwarded to the Personnel Officer who will
re[ain it witli atlier personnel recorda oE the offending employee. Such records
may be used to substantiate subsequent, more serioua disciplinary actiona.
Ttie misconduct of an offending employee shall be reviewed for indication of
imprqvemen[ or correction, Such ioformation will be retained with other
personnel records for a period of three years only.
Section 5.1. SusPensions ,
A depar[ment he~d having supervisory control may suspend an employee
withotit pay for sertous or repeated infractio~s of regulations. Such sus-
pensions may not exceed thirty (30) days in any twelve (12) month period
without tlie right of tlie employee to file an appeal with the Appointing
Autliori[y for a henring on the matter. (See Section 6.3. Wf~o Pfay Appeal)
Nothing conta[ned l~erein shall preclude the righ[ oE the department head
to require an employee to cease work immediately and leave the work premises
without pay when such action by the department head is in [he intereat of
saCeguarding thc hcalth, anfety and weifnre of the City, its employees,
citlzene and che{r properties.
Srcti~n 5.11 Ulsm[.sai
An employec m:iy bc dismiased by a supervising department head for aub-
stantiated cause wheo it is deemed to be in the best interest of the City.
. Upon verbal or wrltten notice of dismiesal an employee ahall be required to
8/1/73
-9- Revised 9/15/80
Revised 6/25/81
~
~ h~ !a~ i k premiseG wl [li l~~tis of ~1 L rights and privilegea of employment.
An empl.oyee hnlJi~ccrtified status may appeal fr~dismissal to the Appointing F
r
Auchori[y wiLhin three (3) worktng days from date of no[ice of dismiasal. If
no appcal is initia[ed within [he specified period, the dismisaed 'employee shall
be discharged Crom employment.
i
Sec[lon 5.2. Uisch~~es
~ An employee Shall be discharged from employmen[ with the City after dismissal
~ without appcal or after denial of an appeal by the Appointing Authority. M
~
employee so dlscliarged sliali lose ali pays, rights and privileges of employment
~ with the City c~n the eCfective date of notice of diamissal. A written statement
; of [he causes of discharge and dismtssal shall be prepared for the employee's
personnel records and a copy given to the affec[ed employee.
i
I Section 5.3. Due Process
i
~ In each and every instance invoiving [he issuance of warning notices,
suspensions or the dismissal or discharge of an employee, such will not be
effec[uated without the employee [irst having been given in writing the
basis for ~uch ac[ion being taken and [he opportunity to question the reasons
, therefore of his si~pervisor or department head. S~id opportunity etrall be ae
snon as it is pr~ctlcal after liaving been serveci the written notice and shall
not constitute any limitation otherwise avaliabl.e through the grievance or
:i(~(~87I procedure.
8/1/73
~ -10- Revised 6/78
, . , AFiI) IIIiAR1NCS
Si~ctlon 6.0. For~f Appc:~l ~ ~
AI1 appe~ls [o the AppoinCLng Authorlty shall be in writing and ehall be
signed by tl~e employee. ' ~
Sec[lon 6.1. Filing ot Ap eal
The filing of an appcal to [he Appointing Authority shall be accomplished
by the submission uf the signed written document to the Personnel Director
ulio shall be responsible For tVie issuance of proper notiflcations.
Section 6.2. RepresenCa[ton
An empioyee submitting an appeal to the Appainting Authority may be
repceaented by a person of his choosing or may elect to represent himself;
provided, f~nwever, tiia[ wlien an employee is to be represen[ed by another
person tlie name of tiia[ person sliall be made known to the Appointing Authority
at least three days nrt~r [o Che scheduled hearing. Substitution of repre-
senta[ion may only be as permi[ted by the Appointing Authority.
Sect ion 6. 3. Who Play Ap~cal
Any employee may file an appeal with the Appointing Authority a9 the
flnal step of the grievance procedure, for suspenslons exceeding thlYty (30)
days in any [wclvc (1.2} month period, or after notice of dismissal. Appeals
from d[smiss~l may be Eiled only by employees currently holding certified
st~tus at the [ime nf dlsmissal.
+rcli~~n b.li. Ilc:~rings oii A~peais
t[ dcemo~l nvcrssary, hearingg may hc held on appeals by the Appointing
Autliority. fhe conducc o[ such hearings ahall be as determined neceasAry by
the AppoincinR Autiiority to best evaluate each appeal on ita merita. .
8J1/13
-11-
' SECPIOPJ 1.0. GRII CP, I'KOCf'.DURG •
, Definitiun III1CI PCOCL'CIUCC A~rievance is a dispute or difference of
npinion raised by an employee covered hy thle Agreement against the City
• involving the meaning, interpcetation or application of the expresa provisiona
of an applicahle t•temorandum of Understanding (or existing work rules). A
Frievnnce sh<ill he processed in the following manner:
Step 1: Any employee who has a~rievance shall submit it designa[ed
as a grievance to the employee's immediate supervisor, who is designated
for this purpose hy [he City. The supervisor shnll give the employee an
aral answer w.ihtin five (5)calendar days after such presentation.
Step 2: If the grievance is not settled in Step 1 and the employee
uislies [o advance the grievance to Step 2 of the grievance procedure, it
shall be referred in wricing to the employee's next highest supervisor within
five (5) calendar days after [he supervisor's oral answer, or answer due
Ln Step 1, and shall be siqned by the a{;grieved employee and the employee's
designated representacive/Union Business Agent. The written grievance shall
contain a complete statement of the Eacts, the provision of the Memorandum of
Understanding or wark rulea which the City is alieged [o have violated and
the rclief requested. Thc supervisor or other person designnted for [his
purpose shalt discuss the ~rievance within five (5)calendar days with the
employee and Lhc employee's desiqnated representative at a time mutually
:irrccablc tr, Lhe p~rCtes.lf no sett].ement is reached, the supervisor or other
~~orvo~ dc~tE;nnlcd for this purpose sh~il provlde the employee a written answer
wiLliin (ivc (5) cnicndar day5 fo]lowing Cheir mecting.
Step 3: If the grievance is not se[tled in Step 2 ~nd [he emplyee wishes
to appeal tlie rrievance to Step 3 oE the grievance procedure, !t shall~be
. referred in wcitin~ to the employee's Department Head within £ive (5) calendar
' days after the supervlsor's answer in Step 2 and ahall be aigned by both
the ap,grieved cmployce and the employee's designa[ed representative.
- 1.2 - 6/82
Che Dep~rtmen • ad sti~tl discuss the grievanc •~hin five S
( ) calendar
~~~~Ys Wjth the employce and the emplnyec's deslgnated representative at n
~ time mutualiy agreeable to .the parties. If no settlement is reached, the
- Department llead shalt give the City's written answer to [he employee within
Five (5) ca].endar days following their meeting,
S~_ep 4: If tiie grievance is not settled in Step 3 and the employee
wishes to appeal the grievance to Step 4 of the grievance procedure, tt~e
employee's designated represen[ative may reFer the grievance to advisory
mediation as described below within fourteen (]4) calendar days after the
decislon ts provtded at the third step,
(1) The parties shaLl attempt to agree upon an advisory arbltrator
within seven (7) calendar d~ys after receipt of the notice of referral. In
~ the event that par[les are unable to agree upon an advisory arbltrator within
,t
, said seven (7) day period, the parties shall immediately Jointly reques[
the State Hediation and Conciliation Service to submi[ a panel of five (5)
, ` advlsory arbitr~tors. F.ach party retains [he riRht to reJect one panel in
its entirety and request that a new panel be submitted. Both the employee's
designated represetnative and thc City shall have the right to strike two
~z) n~mes Erom the panel. The party requesting advisory arbitrntion shall
strike the first two names: the other party shall then strike two ~ames.
'Phe person remalnin~ shail be the advisory arbitrator.
~Z) 1'he advi5ory arbitrator shall be notified of his/her se].ection
and shrill bc reryuc5ted to set a time and place Cor the he~rinA, sub,ject to
t~~~ ~~ntlability of the employee',y ~esignated represent~tive and the City
represen[ative. ~
(3) Tlie City or the employee'a designated representative have the right
: to request tlie arbltrator to requlre the presence of witnessea or documen[s.
The City ~nd the employee's deaignated representative retnin [he right to
employ 1eF~l counsel.
- 13 - ~
h/AI
(4) 'fhe ~snry arbitrator shall Fubmi[ h~her reconmendation in
:arilin~ caithin thirly (30) days Eollowin~ the c]ose oE the hearing or the
submisston of briefs by the parties, whichevcr is later.
' ~ (5) More than one grievance may be submltted to the same advisory arbi-
! trator if 6ot1~ parties mutually ngree in writing.
i (G) 7'he fees and expenses of the advisory arbitrator and the cost of
i a writte~ transcript shal.l be divided equally between the City and the employee's
( designated represent3tive: provided, tiowever, that each party shall be responsi-
ble for comPensnting its own representatives nnd wiCnesses.
I.imitations on Au[horitv of Advisocv Arbitra[or The advisocy arbitrator
I shall h~ve no riqht to amend, modify, nullify, ignore, add to, oc subtract
I from tlie provisions of tiie Pfemorandum of Underetanding. The advisory arbitrator
• shall consider and decide only the question of fact as to whether [here has been
~
~ a violatton, misir~terpre[ation, or misapplication of the specific provisions of
this Agrecment. The advisory arbitrator shall. be empowered to determine the issue
raised by the ~rlevance as submitted in writing at the Second Step. The advieory
arbitrator shall have no authority to make a recommendatlon on any issue not so
su6mitted or raised. The advisory arbitrator ahall be witliout power to make
recommendations contrnry to or inconsistent with, in any w~y, appllCable laws
or rules and regulattons of admtnis[rative bodies that have [he force nnd effect
af the law. 7'hc advLsory arbitrntor sh~ll not in any way limit or in[erfere
w.1lh Che powcrg, du[tes nnd responsibilities of the City under laa and applicnble
ruur~ decisi~+ns. '1'he recommendntion shall be t~dvisory only to the appointing
:inlhnri~y. '1'hc nppointinF authority will make the final decision.
. - 14 - '
• 6/81
'6/82
~U I,I:AVF:S UF AfSSi ~dCE
Section 8.0 Ilou ~f Work .
'Che norm:il wc~rk wcek shall be hionday [hrough Friday, the normal work
day sliall be from 8:00 c~.m. to 5:00 p.m. with one (1) tiour off for lunch.
~ A variance to the normal work week or work day may be established
by the dep~rtment heaJ with the written approval of the Appointing Authority
when such is deemed by the Appointing Authority to be in the best intereat
of the City. Any sucli variance shall identify the positiona to which it
applies and shall be filed with the Personnel Officer.
Section 8.1. ilolidays
The followinq names holidays shall be considered as non-work days.
(a) New Year's D~y
(h) W:~shinFton's Dirthday
(c) Memorial Uay
(d) Independence Day
(e) I.ahor Day
(f) Veteran's Day
(g) Thanks~iving Uay
(h) Frlday followioq Thanks~iving Day
(i) Christmas Eve (1/2 shift on regular work days only)
(3) Cliristm~s D~y '
(k) New Year's F.ve (1/2 shif[ on regular work days only) .
Section 8.12. '
In nddition to the foregoing paid holid~ys, eligible employees
sha1.1 6e ~iLoweJ to schedule two workdays as ~ddltional holiJays. Theae
two Clontin~ liolidnys sh.ill he t~ken at dates of the employee~s selection.
provided th,~[ pri~r supcrvisory approval b~ obtained. For new employees.
fioatlu~; hotid~ys wili be pro-rated the calendar ycar in which they were
hired in tiie Collowi~g manner: ,
- 15 - 8/SO
RPV'(AP~I fi/A1
+ 1~, iwi, flo.it{ng I~olidays in th:~C calendnr ycar.
(h) lim~,loy~e~itred on or after April 1 but ~r hefore Sep[ember 30
shall he entitled to one floaCing holiclay ln thn[ ralencl~r year.
' (c) Employeeg h[red on or after October 1 but before December 31 will not
be ent(tled to floatin~ holidays in that calendar year.
Sectton 8.13.
When a holiday or a non-worlc day falls on a Saturday the preceding Friday
sh~ll be obscrved as the non-work day and when a holiday falls on a Sunday the
tollowing Plonday shall be observed as [he non-work day.
Sectlon 8.14.
The period between 12:00 noon and 3:00 p.m. on Good Friday shall be
considered as a non-work period.
Section H.15.
Nothing contained herein shalt preclude the right ot the department head
w{th the approv~l of the Appointing Authority Lo reschedule work nasignmenta
or hours of work to mcet emergency situa[ions and other administrative necessities
caused by the observance of a holiday or non-work day or period; provdded,
however, that all suc~i~ affected empioyees are duly compensated for sAid re-
acheduled work :iqsignments.
Sc~•[ion A.16.
t;mpinycr~ whn~~ normnl work d:~y is a[ varianr.c with the normal work hours
~:pc~i•tfiod [n Rrriinn A.0 nE thrge rutes m~y he compensated for the differential
~;litft he,uc~; thoir dut[os rcquire. The City llanaRer may estnblish auitable admin-
istr~[ive pollc~ics nnd quidelines Par this compens~tion. •
Sec[ion 8.1.7. ilolidav YaY
, In arder fnr an employee to reccive his regular pey for a holiday or
- ~ - 8/80
~lesignated non-wo.dny, work must be performed on~e regular scheduled
day before and thc regular scheduled day :~fter the holiday or designated
non-work day. Emp)oyees on vacation, injury leave, upproved short term
• leave of absence, with or wittiout pay, or who aubmit sutisfac[ory evidence
of personal illness shall be considered as workinp, their regular schedule
fnr pay purposes.
Section 8.2 Vacations
All employees, other than those holding temporary status, whase
work assignment is of a recurring nature of not less [han a normal work
week sha11 accrue vacation credits. After twelve months of continuoua
employment, accrued vaca[ion may be taken with the prior approval of the
department head.
Durin~ the first three years of employment, an employee ehall earn
vaca[ion credit on the basis of 5/6 work day, or the hourly equivalent,
for e+~ch complete month of continuing service.
barin~ the fourth year of employment, an employee shall earn vacation
credlt on tlie b~s1s of l~t work days, or the liourly equivalent, for each
completed montt~ of continuing service. ~
Uuring tlie Fi[teenth year of employment and thereafter an emplbyee
shall earn vacation credire n[ the rnte of one Mnd two thirds (1 2/3) work
days, or tlie hourly equivalent, for each month of completed continuous
scrvicc.
An empluyee miy hccruv no more vacntion ccedit than twice the annual rate
bcin~ carned.
. Revised 8/78
6/81
6/82
- 17 -
+;.~ti~m ul cm~~l~~~ru~ul ur o:~ recelvln}; n Leuve oE aUsence
of more thnn lhr~3) monChs an employee who has .pleted twelve (12)
months of coiitinuous service with the City shall be compensated For all
' earned but unused vacation accrued at tl~e time of termination or a[ the atart of said
• leave o[ abeence. Unused vncation may not be uaed [o extend final employment date ~
beyond the annual rate heing earned.
The lccrual of vacation credits for those employees whose normal work
veek is of not less than one-half time shali be prorated according
to the [ime of ttie recurring work assignment as to the normal work aeek.
Section 8.3. Slck I.eave
AL1 employees, other than those holding [emporary status, shall
earn eight (H) hours per month sick leave time without limit on accamu-
lation. Employees absent without pay tor any reason for more than forty
(40) hours during a calendar month shall not e~rn sick leave benefits for '
tliat month.
Sick lenve m~y he utilized due to the employee's personal illnesa,
injury, maternity, or sickness or injury in the immediate family.
Immediate family is defined ~s spoase and ciiildren. Employeea shall,
vlienever possible, make appointmenta for medical, dental, and similar
purpoaes on non-work houra. If this is not possible, sick leave rtaY be
used Eor these purposes. ~
With proper notice and approval of the supervisor, sick leave ehall
be [aken in periods nf no less than one-half hour incrementa.
Sec[inn 8.~1. Perxonal Leave
1'he Clly rahall ali.ow twenty-four (24) hours of accumUlated aick
le~ve to be useJ for conducting pereonal buslneas which cannot be con-
dnctecl outsidc regular workinR hours. ~
Ttie employee must request leave, if non-emergency, at least forty-
' ' eight (4fl) hours (two working days) prior [o the time of utilization on
~ the form preaently provided. In cases of emergency, the forty-eight (48)
- 18 - 8/AO
Revised 6/81
6/82
~.1!; .~Ciun procedurf~m~~y^be ani•:ed by the immediate supervisor,
provided thc for~ completed and the renon for ~request is stated
• iipon relurn.
. Section 8.32. Bereavement Leave
F.mployees shali bc granted paid berenvement lenve not to exceed three
. (3) work days upon the occasion of death of a close relative. Close
relatives arc defineci ae motlier, Eather, sister, brother, wife, husband,
child, grandparent, grandchildren, mother-in-Law and father-in-law.
Section 8.3J. Absence Notification
An employee is expected not to absent himself from work for any
reason other than personal illness without making prior arrangements
witli hia supervisor. Unless prior arrangements are made, an employee, who
for any reason, faiis 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 tiie supervisor on a daily basis
unless oCherwise ~rranged wi[h hia supervisor. In proper cases, excepClone
wiil be made.
Any unau[horized absence of an employee froM duty shall be deemed to
he an absence withc~ut pay and will be grounds for disciplinnry action by
[he clepartment hend. In the absence oC such disciplinary action, any
employee who abvents hims~lf for three days or more without authorized
lenve shall he decmed Co have resigned. Such absence may be covered,
hc~WCVCr, hy the dep:ircment head by a followinR gr~nt of leave with o[
without p~y when extenuatin~ circumstances ~re [ound to have existed,
Sec[ion R.34. Unused Sick I,eave .
The City shall pay an employee for u~used balance of aick leave ~
~ upnn retirement. or [ermination for other Ch~n ~ust cause, according to
~ the follawinF schedule:
. 8/~8
- 19 -
I. Upon reCirement, wliich shall require tt~formal filing of
the ap~oprlate forms with the Public Empioyees P,etirement
System, a cash payment sh~ll be made equlvalent to seventy-five
percent (75g) of the dollar vnlue of the unuaed aick lenve
~ balance exceeJing 320 hours. The dollar value for such
~
~ •
payment shall be cnlculated at a wage rate which is the average
` of tl~e preceding flve (5) years for the employee.
2. Upon termination for other tlian discharge with ~ust cause, a
casli payment shall be made equivalen[ to fifty percent (50X)
of the dol7.nr value of the unused sick leave balance exceeding
320 hours. The dollar value for such payment ahall be cal-
culated at a wage rate which is the average of the preceding
five (5) years for the employee. •
Section 8.4. Leaves of Abaence
Leaves of absence aithout pay not to exceed three (3) consecutive
' work days may be gr~nted to an emplayee by his department head. Such leavea
of absence in excess of three (3) consecutive work days shail require
the prior approv~l of the Appointing Authority. All such .leaves of abaence
in excess of ten (]0) work dnys shall have t}~e prior written approval of the
Appointing Authority and shall be reported to the Personnel Officer
on tlie appropria[e form provided.
5rc[ion A.S. Pltl.ltary Leave
Pttllt.7ry (eave sh~l.l be qranted in accordance wi[h the provislons of
StnCC law.
AI1 omplnyres entiLled to military le~ve ahall give their supervisor
rin opportuni[y, within che limits of the military requirement, to determine
when such leave shall be tnken.
_ . 8178
Revised 6/81
- 20 - 6/82
Section 8.h. ~~i~ •
Emplc~yces c;i1]ed for jury duty shali be pnid the difference for sucl~
. non-work Lime between the base salary they would have earned had they not
~ • been required to serve or be in a[tendance and the base salary, excluaive
of any mileaqe ~Ilownnce, received for such service.
Section 8.7, Temt~orary Disabilitv Benetits
Any employee suytnining nn injury arising ou[ of, or in the course of,
[he performance of hls ,job and who cannot work at the dutiea and responai-
~
bilities normally assigned [o that ,job is entitled to receive temporary
disabiliLy hayments as prescribed hy state law.
Any employee entitled Co receive temparary disability payments may
elect to supplemen[ such paymen[s with an amount not to exceed that which
is the employee's weekly earnings or weekly earning capacity by use of aick
leave paymentsto the extent that such peraonal leave I175 been accrued
to the emplayee's accoimt.
Section 8.8, NaternlLy Leave
Employees sl~~ll he granted maternity leave withou[ pay if they have
been empioyed by the City for at Least twelve (12) continuous montqg.
Like other non-industrtat disabilities, employces may use sick leave and
vacation leave to sapplement los[ wages. The Ci[y wil] pay health and wel-
E~re benefits until the employce is released by her physici~n to return
to work or f~r sixCy (60) dnys, whichever comea first.
Sectt~+n A,9, Attendance
[?mpl~,yoc•4 sl~;ill bc expected to report for work promptly at Che
start of e;u-1~ work pcriod and to perform [heir ~iven work assignmenta.
diligently uncil the end of that work period. An employee who ie not.
; able to do so shall. so advise his supervisor of that fact at the earlieat
• passible time after [hat fact is known to him. Abuse of attendance
8/78
Revised 6/81
- 21 - •
re~~~:irements mny he ~;rounds [or appropriate disctplinary action.
Section A.91. • •
' Adequate and proper attendanr_e records shall be maintained for ench
employee wtiich records shall form the basis for payroll and accounting
requirements.
' Section 9.0. Overtimc
shall be the policy of the City to keep overtime at a minimum.
Wlien situations arise which require an employee Co perform outside of
the normal work week, compensation shall be made in one of the following
ways.
Section 9.1. Non-Exempt Overtlme
~ ~
A1l approved work performed by employees in excese of 40 hours in
any work week, sliall be paid at tlie rate of one and one-half (1'~) times
t}ie normal rate oC pay. Work performed on Saturdays, Sundnys and City
holiday~s or during an emp.l.oyee's scheduled vacatinn shall be considered
to be overtime and paid accordingly. F,mptoyeea may elect to receive
compensatory time off in lieu of heing paid the overtime rate at the rate
oE one and one-half (1!~) hours off for each hour so worked.
Section 9.2. Exempe, Non-Management Overtime ~
An employee, not eligible under the Ptanagement Compensation Program,
who is requtred to perform assigned duties in exceas of 40 hours in any
Work week m~y, nC Che employee's option, receive compeneatory time aff
in an ~maunt equnl t.o ane ~nd one-h~lt (]!4) times [he time so worked
or be paid ne one ~nd nne-h~lf (1'4) times the re~ular rate for such work.
Sectir,n 9.21
Compensatory [ime oEf sh~ll be taken within the calendac year during
which it is earned and during such periods as may mu[ually be agreed
' upon betwcen the employee and the supervisor. Exception of this rule shall
8118
-22-
ill~~~~.~ble „nlp nn speci[ic nuthorizatian o! tl~Appointing Authority,
Sectton 9.3 PI_i~i_~nenL and Confidenttnl (Jvcrtlm~
_ ~PProved work in excess oE the normal work day or normal,work week
' pcrCormed by emplnyecs occupying positions officially designated as management
or conEiden~tal and no[ otherwise compehsated sl~all be compensated with compensatory
• time of[ in lilce nmount fot the time so worked. Such compensatory time off
shall not he offictally recorded for attendance and payroll purposes, and
shail be t~ken nt such [imes within the ca.lendar year in which it ie earned
afi is mutu~tly agreed iipon between the employee and the'supervieing department
~ head.
i
Section 9.4 Stand-b -Pa
fimployecs who are required to make themselves available Eor being called
back to work outsicle the normul work period ahall be compensated for auch
Stand-by assignment a[ [he rate of $75.00 per week for each week so aseigned.
Ol'H6R CONDCPIt)NS oF EliP1.0YMEN1'
Section 10.0 Contlnuous Servlce
Con[inuous service shall bc defined as ttie uninterrupted service of
an employee from the date of his latest nppointment to the then preSent time.
Continuous service shalJ. be broken through denth, discharge. resig~ation,
retitement or lay~~ffs excecdinq twelve (12) months duration without the employee
linvin~ becn reinsC~lc~d. Continuoua`~ervlce shall be interrupted through
~ lenve of ,ili.enr~ wlthout pay exceedinq ten (l0) work clays, layoffe and
vu~:prnstnnn rxccedfnt; tcn (10) work dnys.
SccCfnn IO. i. kr(mhw•.^,cinent for 'fr~rvcl and (lU~cr Pxpenses
limpln~•e~, whn ncc~~;tonnlly are required ta use [heir personal velticles
tor City buniness ~Ii.ill hc reimbur9ed for auch use at an appropriate rate
; to be determined hy a achedule adnpted by.the City Council. Submigaion of
: a request for reimhursement must be npproved by the department head.
8/78 '
~ - 23 - - 6/82
Revised b/81
Sccllon 10.1;. . •
Iimiilnyc~ti, othcr than departmcnt he~d, who are required to use their
~~erson:~l vchl.cle for Ctty business on a recurrinr and often basis, aht?11~
• w1Ch the approval of the City Alanager be reimbursed at the rate of fifty
du11ar5 ($5p) per mnntD for the given number of miles to be detetmined by
~ scheduLe idopted hy the City Council 1t the established rate per mile for
e~ch miletn excess of the aforementioned mileage reimbursement of $50.00
(b) iimp(oyees othcr than department heada who were hired prior to March
Z2. 1973 nnd who are reimbursed for the use of their personal vehicle for
(:icy buGiness ~t ehc rnte of seventy-Eive doll~rs ($75) per month for such
use shall cnntinue to receive saLd reimbursement without the requirement
of reporting a record of mileage Lncurred on City business. The exception
tc~ Chis para~raph shall be the Rutldiny, Officinl, the Assistant City Engineer
~nd ttic Aactstant trr the City ~I;ina~er who shntl be reimbursed at a rate
nF one hundred dolt~rs ($100) per month.
(c) pep~rtment he:ids who ~re nc~t provided ~ City automobile shall be
rcimbi~rsed for the use of their personal ~utomobile for City busineas nt
the rate oC one-hundred fifty dollars ($150) per month and at an appropriate rate
tn 6e determined hy a schedule adopted by the City Council for each;mile
in excess of an amo~.mt also to he determined by the City Co wicil (see Reaolution
U500G, dated Ptiy 24, 1~)79),
Seceion 10.12.
1?mploycr, w~u~;irc rcqulred Co advance peraona! Eunds for [he purchase
nf minnr m,itcri:~ls nnd ~;u~,plics or for other npproved services during the
prrfnrmrinre c~( ~~r ;~rtsin` out of the duties ~ssigned to the employeea work
shall bc reimhursed (nr Funds so expended. •
Scction 10.13. ~
: The City t•lanu~;er may prescribe such administrative rules and regulationa
- 2G - 7/80
Revised 6/81
~
.
f f;overnin~; thc n~rable kinds nnJ amounts of sucf~eimbursable expenditurea
i
h • nnd the methods ~ncl procedures usable co substantiate and process aubmitted
~ , claims. •
i Section 10.2. LayoEfs
~ LayoEfs of employees mny be made by the Appointing Authority for lack
of funds, lack of work or for other similnr and just cnuse. The order of
lnyoEf shail be that which, in the opinion of the Appointing Authority, will
cause the least disruption of service to the City.
Unless otherwise prevented from doing so as a resul[ of conditiona or
~ si[uations heyond the City's control, the City will provide a minimum of
i
thirty (30) days notice to any employee subJect to being laid off purauant
to the Rule on layoffs.
Section 10.21. Reinstatements
I Tlie names of employees affected hy layoff shall be placed on a recall
I
, list for a period of two years in the reverse order oE layoEf and ehall have
the firat opportunity for reinstatement. Failure [o respond within ten days
to a written notice of auch opportunity shall cause that name to be removed
from the recall list. '
~ lJith the approval of the Appointing Authority, a permanent or•probationary
' employee who has resiRned with a good work record may be reinstated within
twenty-Cour months of the eEfective date of resiqnation to a vucant pusition
in the Famv ~~r comparahle class he/she previously occupied. Upon reinstate-
ment [hc cmplnyce, for ali ~~~r~os~g, shall be considered as [hough they had
reccived ~n ori{~in»1 n~ipoinCment.
. 8/78
. 6/82
-25-
~ .~m l0. J. tieniorlty .
Scniority sh;~he dcfined as the len~;th of r.o~iinuous service in a given
classl(icaCinn. Seniority shall not be affected by a change in the allocation
of a position, by a cliange in the cluss specifications or by a change in the
, evaluation oC [he class of positions,
Secclon 10.4. 7'rai_ ning Programs
' It shall 6e the policy of the City to encourage employee participation in
' training programs which wlll be of benefit to the employee and the City in the
better performance of liis work and es a means of providing assistance in the
emp.loyee qualiFying for promotional opportunities. The Appointing Authority
may prescribe suLtable regula[ions and guidelines under which such pcograms
may be administered.
Section 10.5. Suggestlon System
Suggestions of employees relating to the improvement of work related
mattera sliall be encouraged. The means of receiving, processing and implemen[ing
s~ich suggestions as weil as the method oE giving appropriate recognition thereto
. shall be as prescribed by [he Appoin[ing Authority.
Section 10.6. Ilospltalization, P(edical,_ Dental and Life Insurance Programs
It shali be thc policy of the City to provide suitable group hospitalizatio~i,
medic~l, dental and liCe insurance programs under which empl.oyees and their
dependents m~y he covered. 'Che necds of the employees shall be given due
consldcrnt[nn.
8/78
- 26 -
f:r~ri.~~vi;F:-t:rmi.~~v~:a ~xrcoras •
Scct i~~n I l.~). Picmorancl~ nf Unders[anding
' Rules rel~tinF to those matters of mutual interest and concern between City
~ m~naFement and Clty employees which are sub,~ect to mee[ing and conEerring in
good Eaitl~ shall be as mutually agreed to between the two parties and as approved
~ by the City Cotmcil in Memoranda of Understandtng. Ln the absence of such
Plemoranda the Rules contained herein shall apply wherever applicable. In the
aGsence of any specific Rule on any given matter the City Manager in that capacity
or as Che Appointing Authori[y shali est~bliah suitable policies by administrative
reFulations and orders which shal] be considered as supplemental here[o unless
nr until amended or guperseded.
- 27 - : 8/78