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CC Resolution No. 6374 ' • RESOLUTION N0. 6374 • . A RESOT.UrION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE RULES ON CONDITIONS OF EMPLOYMENT WEIEREAS, the Rules on Conditions of Employment need to he modified ~ in order to conform with the Memoranda of Understanding between City of Cupertino and the Miscellaneous Employees Unit and Public Works Unit; NOW, THEREFORE, BE IT RESOLVED that the Rules on Conditions of Employment be amended as shown in Attachment "A" which is incorporated in this resolution by reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of July , 1984 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Rogere, Sparks, Plungy NOES: None ABSENT: None ABSTAIN: None APPROVED: or, ty of Cup ATTEST: L/ .-.r~-L City Clerk . ~ ~ CITY OF CUPE[sII~O I FdJI,ES ON CLNDITICNS II~LO~P JULY l, 1984 . ~ ~ . I N D E X Category Section Subiect Page GENEFAL ADMINISTRATION 1.0 Furpose 1 ~ 1.1 Policy 1 1.2 Administration 1 1.3 Interpretation 1 1.4 Coverage 2 , 1.5 Repeal of Existing Rules y 1.6 Amendments to Rules 2 ' 1.7 Effective Date 2 ! RECRUITMENT AND RETENTION Techniques of Recruitment 2 I, 2.1 Examinations 3 2.2 Eliqible Lists 3 ! 2.3 Selection of Employees 4 I~~, AFPOINTMENTS AND 2'4 APPointment Approval p li EMPLDYEE STATU5 3.0 Appointments 5 I~ 3.1 Certified 5tatus 5 3.2 Probationary Status 5 3.3 Provisional Status 6 I 3.4 Temporary Status 6 ' 3.5 Exempt Status 6 I INTER-POSITION TRANSFERS 'i OF EMPLOYEES 4.0 Promotions 6 4.1 Transfers 6 j 4.2 Voluntary Reductions 7 4.3 Demotions 7 'I DISCIPLINARY ACTIONS 5.0 Warning Notices 8 I 5.1 Suspensions 8 5.1.1 Dismissal 9 ' S.2 Discharges 9 S. z Due Frocess 9 APFEALS AND HEARINC~S 'i 6.0 Form of Appeal 10 ' 6.1 Filing of Appeal 10 ' 6.2 Representation 10 6.3 Who May Appeal 10 ' 6.4 Hearings on Appeals 10 ' GRIEVANCE FROCEDURE I 7. 0 Def i n i t i on and Procedure 11 , Limitations on Authority ' of Advisory Arbitrator 13 . . ~ ~ ATTENDANCE AtdD LEAVES OF ABSENCE B.~> Hours of Work 14 8.1 Holidays 14 8.1.7 Holiday Fay 16 8.2 Vacations 16 S. 3 5i ck Leave 18 8.3.1 Personal Leave 20 8.3.2 Hereavement Leave 20 8.3.3 Absence Notification 21 8.3.4 Unuaed Sick Leave 21 8.4 Leaves of Absence 22 B.5 Military Leave 22 8.6 Jury Duty 22 8.7 Temporary Disability Henef i ts 23 B.8 Maternity Leave 23 8.9 Attendance 23 9.0 Overtime 24 9.1 Non-Exc?mpt Overtime 24 9.2 Exempt. Non-Management Dvertime 24 9.3 Management and Confidential Overtime 25 9.4 5tand-by Pay 25 OTHER CONDITIONS OF EMPLDYMENT 10.0 Continuous Service 25 10.1 Reimbursement for Travel and Other Expenses 26 10.2 Layoffs y~ 10.2.1 Reinstatements Z7 10.3 Seniority yg 10.4 Training Programs pg 30.5 Suggestion System pg 10.6 Hospitalization, Medical, Dental and Life Insurance Programs Zg EMPLOYEE-EMFLOYER RELATIONS 11.0 Memoranda of Understanding 24 Page 2 of Index . . • City or Cupertino • ftULES ON ~ CONDITIONS OF EMF'L.OYMENT GEP~ERAL ADMINISTRATION Section 1.0 P_ur245g The purpose of these Fules shall be to provide the basis of common understanding 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 f or inclusion therein under the proviaions of Chapter b of the Fersonnel Code, Employer-Employee Ftelations. Sectian 1.1 Policy The policy under which these Fules 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 duties and responsibilities of the employee in this regard as weli as the rights and privileges of employment with the City. Section 1.2 Adm~nis~r~~,i~on The administration of these Rules is hereby invested in the Personnel Officer subject to administrative policies as set f orth by the City Manager, who is the Appointing Autho~ity. 5ection 1.3 3r~terarg~a~ign Any interpretation, definition or meaning of any provision, term or condition contained herein shall be as set forth in writing by the Fersonnel Officer whose interpretation, defi~ition ar meaning shall be considered as being supplemental hereto. -1- : ! _ ~ • • ~ ~ 3ecti~~ i.4 Co~~erage ( All officars, employees and positions shall be subj=ct to ~ i these Rules save and eYCept for those officers, employees and I positions specifically enumerated hereinbelow. fa> All elected Officers (b) City Manager (c) Assistant City Manager ~ (d) City Attorney . i ~ te) City Prosecutor tf) Chairmen and members of appointed boards, commissions and committees (g) Persons engaged under contract to supply expert, professional, technical or other services. 5ection 1.5 Regeal of_Existina Rules I i All existing Rules and other policies currently or heretofore ~ in effect relating to those terms and conditio~s of employment as I, provided for herein are hereby rescinded and repealed. ' Section 1.6 Amgn~rt~~n~s_~g Ry~gs I~ Amendments to and modificationa of these Rules shall be as ~ ' set forth in the Personnel Code. Section 1.7 ~ffecti~vg_I~a~g ' These Rules shall be filed with the City Clerk on adoption by the City Council and shall become effective immediately thereafter. I RECRUITMENT AND RETENTION ; Section 2.0 Te~t~r~igues_gf_jg~r~~~mgn~ ; Recruitment of employees for positions in the City shall be the responsibility of the Personnel Officer who may request the -2- . ad•tice and assistan . of or dzlegate the funct~ 'to a department i~ead with his conser~t. The techniquas an~ proc~dures of recruitment•shall be those most effective in attracting qualified ~pplicants for positions with the City without regard to race, reiigion, se::, national origin, political background, or se:<ual preference. Section 2.1 ~xamin~~}gns E.:aminations shall be prepared and administered to test fairly the fitness of applicants. Said e~aminations shall be comprised of any one or more processes of written, oral, physical 4itness, unassembled or such other method as can serve the purpose of determining the skills and knowledge, qualificatio~ or fitness of the applicant. The determination as to the processes that will be used for each position classification shall he.that of the Personnel Officer who may obtain and utilize such assistance as may be required to fulfill the intent of this section. Said e~aminations 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 hetter understanding of the examination and selection process for the position for which he is applying. Section 2.2 El~q~~~g_~~s~s Whenever competitive examinations are administered the names of successful applicants thereto shall be placed on Iists from which appointments therefrom shall be made during the effettive term of the list. Eligible lists may be constructed so as to give numerical rankings of successful applicants or in -3- . . ~ ~ category groupings when said lists are obtained from e;:amination administered i~ that manner or from e:<aminations administered on a pass-fail basis. Employment lists shall remain in effect for one year unless e:chausted sooner or abolished by the Personnel Officer. Employment lists may be extended for up to an additional year by actions of the Personnel Officer. Section 2.3 Selection_of_Emgloygg~ The selection of a successful applicant for a position with the City shall be made by the department head having supervisory control of the position to be filled. The department head shall recommend such selection of the Appointing Authority who may approve.or disapprove an appointment. It the selection of a successful applicant is to be made from an eligibility list constructed by numerical ranking the person selected shall be from one of the three highest available persons on the list. If the selection of a succesaful applicant is to be made from an eligihility list constructed~by category groupings the person selected shall be from amang those available in the highest category before a selection may be made from a lower category. Section 2.4 Aeggintmgr~~_AeH~gv_~~ All appointments whether from eliqibility lists or not and irrespective of the typa of position to which one is made shall be approved by tha Appointing Authority beforQ becoming effQCtive. . ~=i'F.'OIilTMEPJTS AND EMF~lEE STATUS . Sec±ian ~.U Aggointments All appointments to positions subject to Jurisdiction B of the Fersonnel Code and as approved by the Appointinq Authority shall be made in one of the following named manners and the affected employee shall be granted the same status accordingly. Section :i.l Certified Status Certified status shall be granted to all employees occupying positions subject to Jurisdiction B who have successfully completed their probationary period when either appointed from an eligible list or as the result of having successrully ,completed an examination for the appointment. Section 3.~ Proba~ionary S~~~u~ Probationary status shall be granted to all employees occupying positions subject to Jurisdiction B who have been appointed from an eligible list or when none is available as the result o4 having successfully completed an examination for the appointment. The probationary period may be not less than three (3) months nor more than twelve t12) mo~ths and shall be as specified for each class of positions unless when in the absence of a specified duratio~ it shall be six (b) months. One of four jurisdictions created by the Pgr~g~ngl_Cg~g. 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 offices, positions and employees are excluded from Jurisdiction B: All elected offices, City Manager, Assistant City Manager, 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 status. Cuger~,iyBQs_Eg~~gnngl_~g~g, Title XII, Chapter 1, Article p. 2 and Chapter 4, Article 1, p. 8. -5- . ?e~tion 3._ Frov_isi~l_Status • Frcvlsional status shali be granted to al? emplcyees who are appointed on other than a temporary basis to positions subject to Jurisdiction H but for which no eligible lists exists. Said provisional appointments shall be terminated no later than one hundred eighty f180) days after appointment. Section s.4 Tem~orary_Status , Temporary status shall be granted to all employees appointed Ii for work 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 not exceed 120 days in any twelve (12) month period. I Section 3.5 ~xemet_~ta~u~ , E~empt status shall be granted to all employees cccupying , positions not subject to Jurisdiction B of the Personnel Code. i INTER-POSITION TRANSFERS OF EMPLDYEES ; Se~tion 4.0 Promo~ig~s ~ ~ I A promotion shall be defined as the appointment of a i , certified or exempt employee occupying a poeition in a lower 4 ' classification to a vacant position in a higher classification. Promotions may be made on a non-competitive or closed-competitive basis irrespective of the existence of eligible lists for the same position classification which may have been constructed from open-competitive examinations. Section 4.1 Tr~~sfers A transfer shall be defined as the appointment of an employee to a vacant positio~ having an assignment to the same pay grade as the position previously occupied by the employee immediately prior to the transfer. The status of the employee so transferred -b- s~all not be affect~by the transferS provioed• heNever, that a transrer shall not be made fr~m a position subject ~o Juris~iction B ta one that is exempt ;herefrom. The applicability of requiring a qualifying e~aminaticn 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_Feductions A voluntary reduction shall be defined as the approved request of an employee for an appointment to a vacant positio~ 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 appointment; provided, however, that a voluntary reduction may not be made from a position subject to Jurisdiction B to one that is exempt therefrom. The applicability of requiring a qualifying examination of the employee as a prerequisite to approval of a request for a voluntary reduction shall be as determined by the Personnel Director in reviewing whether desirable minimum standardg of the position have been met. Section 4.3 ~emotion~ A demotion shall be defined as the involuntary reduction in rank or grade and shall be made only for cause. No demotion shall be made without the Appointing Authority first having reviewed a statement for cause as submitted 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 demoted employee shall be determined in the _7_ same manner as provided b;~ the rule on voluntary reductions, ~ ab~9ve. • • C~:SCiF'LINAFY ACTION5 Section 5.0 Warning_Noti~es At the discretion of the department head having supervisary control 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 Fersonnel Orficer who will retain it with other personnel records of .the offending employee. Such records may be used to substantiate 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 personnei records for a period of three years only. Section 5.1 Susee~s~ons A department head having supervisory control may suspend an empioyee without pay for serious or repeated infractions of regulations. Such suspensions may not exceed thirty (30> days in any twelve (12) month period without the right of the employee to file an appeal with the Appointing Authority for a hearing on the matter. (See Section 6.3 Who_Ma~Agggal) Nothing contained herein shall preclude the right of the department head to require an employee to cease work immediately and leave the wo~k premises without pay when such action by the department head is in the interest of safeguarding the health, safety and welfare of the City, its employees, citizens and their properties. ~ -8- . ~ectic~ 5.1.1 Dis~~al • An employee may be dismissed by a supervising department head for substantiated cause when it is deemed ta be in the 6est interest of the City. Upon verbal or written notica of dismissal an employee shall be required to leave the work premises with loss of all rights and privileges of employment. An employee holding certified status may appeal from dismissal to the Appointing Authority within thr=e t~> working days from date ot notice of dismissal. If no appeal is initiated within the specified period, the dismissed employee shall be discharged from employment. Section 5.~ Disch.~rges An empioyee 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 dis~harged shall lose all pays, rights and privileges of employment with the City on the effective date of notice 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 affected employee. Section 5.3 Due Process In each and every instance involving the issuance of warning notices, suspensions or the dismiszal 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 opportunity shall 6e as soon as it is practical after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedure. -9- . AFPEALS AND HEARIN~ . 3ection 6.~> Fcrm_~f_Aepeal All appeals to the Appointing Authority shall be in writing and shall be signed by the employee. Section 6.1 Filing_of AeSeal The filing of an appeal to the Appointing Authority shall be accomplished by the submission o4 the signed written document to the Personnel Director who shall be responsible for the issuance of proper notifications. 5ection 6.2 Reeresen~ation An employee submitting an appeal to the Appointing Authority may be represented by a person of his choosing or may elect to represent himself; provided, however, that when an employee is to be represented by another person khe name of that persan shall 6e made known to the Appainting Authority at least three days prior to the scheduled hearing. Substitution of representation may only be as permitted by the Appointing Authority. ' Section 6.3 Whg_MaY_?Beeal Any employee may file an appeal with the Appointing Authority as the final step of the grievance procedure, for suspensions exceedinq thi~ty t30) days in any tweive (12) month period, or after notice of dismissal. Appealg fram dismissal may be filed only by employees currently holding certified status at the time of dismissal. Section 6.4 Hgarinos_on_Q~gg~~ If deemed necessary, hearings may be held on appeals by the Appointing Authority. The conduct of such hearings shall be as determined necessary by the Appointing Authority to best evaluate each appeal on its merits. -10- S~ction 7.0 GF.IEVa• FROCEDI;F'E • ~ef'inition__and__Fr~~cedure A grievance is a dispute or difference of opinion raised by an amployee covered by this ~greement against the City involving the meaning, interpretation or application of the express provisio~s of an applicable Memorandum of Understanding (or existing work rules). A grievance shall be processed in the following manner: Steg_1: Any employee who has a grievance shall submit it desiqnated as a grievance to the employee's immediate supervisor, who is designated for this purpose by the City. The supervisor shall give the employee an oral answer within five (S> calendar days after such presentation. S~~~_~: if the grievance is not settled in Step i and the employee wishes to advance the grievance to Step _ of the grievance procedure, it shall be re4erred in writing to the employee's next highest supervisor within five calendar days after the supervisor's oral answer, or answer due in Step 1, and shall be signed by the aggrieved employee and the employee's designated representative/Union Business Agent. The written grievance shall contain a complete statement of the facts. the provision of the Memarandum of Understanding or work rules which the City is alleged to have violated and the relief requested. The supervisar or other perso~ designated for this purpose shall discuss the grievance within five (5) calendar days with the employee and the employee's designated representative at a time mutually agreeable to the parties. If no settlement is reached, the supervisor or other person designated for thfs purpose shall provide the employee a written answer within five t5> calendar days following their meeting. -11- Steg_': If ~e grievance is nat settl~in 3tep ~ an~7 the employee wishes to appeal the grievanca t~ Step 1 or the grievance procedure, it shall be reterred in writing to the employee's Department Head within five (5) calendar days after the supervisor"s answer in Step 2 and shall be signed by both the aggrieved employee and the employee's designated representative. The Department Head shall discuss the grievance within five i~) calendar days with the employee and the employee's designatad representative at a time mutually agreeable to the parties. If no settlement is reached, the Department Head shall give the City's written answer to the employee within five (5) calendar days foilowing their meeting. 5t~ee_4: If the grievance is not settled in Step s and the employee wishes to appeal the grievance to Step 4 of the grievance procedure, the employee's designated representative may refer the grievance to advisory mediation as described below within fourteen (14) calendar days after the decision is provided at the third step. (1) The parties shall attempt to agree upon an advisory arbitrator within seven t7) calendar days after receipt of the notice of referral. In the 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 ' Mediation and Conciliatio~ Service to submit a panel of five (5) advisory arbitrators. Each party retains the riqht to reject one panel in its entirety and request that a new panel be submitted. Hoth the employee's designated representative and the City shall have the right to strike two (2) names from the panel. The party requesting advisory arbitration shall strike the first two ~ames: the other party shall then strike two names. The person remaining shall be the advisory arbitrator. -12- l~; The adviso~ arb:trator shall be nc•fied or hisiher aalactiun and shall be requested to set a time and plac? 'ror the hearing, subject to the availability of the amployee's designated representative and the City representative. The City or the employee's designated representative have the right to request the arbitrator to require the presence of witnesses or documents. The City and the employee's designated representative retain the right to employ Iegal counsel. (4) The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days 'following the close of the hearing or the submission of briefs by the parties, whichever is.later. (5) More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing. <6) The fees and expenses af the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the employee's designated representative: provided, however, that each party shall be responsible for compensating its own representatives and witnesses. ~imita~igns_on A~~~igr~~y_gf__Advisgry_Br~i~ra~gr The advisory arhitrator shall have ~o right to amend, modify, nullify, ignore, add to, or subtract from the provisions of the Memorandum of Understanding. The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. -13- The adviscry arbi• tor shall have no aut• rity to make a r~commendatien cn any issue not so submittjd or raiaed. Th,e advisory arbitrator shall he without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the force and effect of the law. The advisory arbitrator snall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and ~ applicable court decisions. The recommendation shall be advisor~ only to the appointing authority. The appointing authority will make the final decision. ATTENDANCE AND LEAVES OF ABSENCE Section B.0 Hours of Work The normal work week shall be Monday through Friday. The normal work day shall be from 8:00 a.m. to 5:00 p.m. with one (1> hour off f or lunch. A variance to the normal work week or work day may be established by the department head with the written approval of the Appointing Authority when such is deemed by the Appointing Authority to be i~ 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 Holidays The following named holidays shail be considered as nan-work days: • (a) New Year's Day tb) Washington's Hirthday tc) Memorial Day (d) Independence Day -14- +e) Labor Day • • (T) Veteran's Day (g) Thanksgiving Day (h) Friday following Thanksgiving Day ti) Christmas Eve (1/~ shift on regular work days only> (j) Christmas Day tk> New Year's Eve (1l2 shitt on regular work days only) Section 8.1.~ In addition to the foregoing paid holidays, eligibla 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, pro~ided: 1? that prior supervisory approval be obtained, and 2) before the end of the <nd pay period in December of each calendar year. Fo~ new employees, floating i holidays will be pro-rated the calendar year in which they were hired in the f ollowing manner: (a) Employees hired after January 1 but on or before March , 31 shall be entitled to two floating holidays in ~hat calendar ~ year. (b> Employees hired on or after April 1 but on or before September 30 shall be entitled ta one floating holiday in that calendar year. fc) Employees hired on or after Qctober 1 but before December 31 will not be entitlad to tloating holidays in that calendar year. Section 8.1.3 When a holiday or a non-work day falls on a Saturday the 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. -15- =ection 8.?.4 • • The period between 1~:00 noon and =:OU o.m. on Good Friday shall be considered as a non-work period. Szction 5.1.5 Nothing contained herein shall preclude the right of the department head with the approval of the Appointing Authority to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period: provided, however, that all such aftected employees are duly compensated for said rescheduled work assignments. ~ Sectio~ 8.1.6 Employees whose normal work day is at variance with the normal work hours specified in Section 8.0 of these rules may be compensated for the differential shift hours their duties require. The City Manager may establish suitable administrative policies and guidelines for this compensation. Section 8.1.7 Hg~~~y_Pay In order for an employee to receive his regular pay for a holiday or designated non-work day, work must be performed o~ the regular scheduled day before a~d the regular scheduled day after the holiday or designated non-work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satfsfactory evidence of personal illness shall be considered _as working their reqular schedule for pay purposes. 5ection 8.2 Va~a~ion~ All employees, other tfian those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits. -16- ~+ter tweive month~ of continuous e~nployme~~ accrued vacation ~ay be taken with the prior approval of the department head. Vacation leave must be taken in no less thai~ 2 hour increments. During the first three years of employment, an employee shall earn vacation credit on the basis of ~/o work day, or the hourly equivalent, for each compiete month o* continuing service. During the fourth year of employment, an employee shall earn vacation credit on the basis of 1 1/4 work days, or the houriy ' equivalent, for each completed month of continuing service. During the fifteenth year of employment and thereafter an employee shall earn vacation credits at the rate of one and two thirds (1 ~/3) work days, or the hourly equivalent, for each month of completed continuous service. An employee may accrue no more vacation credit than twice the annual rate being earned. On termination of empioyment o~ on receiving a leave of a6sence of more than three (3) months an employee shall be compensated for all earned but unused vacation accrued at tl~e time of termination or at the start of said leave of absence. Unused vacation may not 6e used to extend final employment date beyond the annual rate being earned. The accrual of vacation credits for those empioyees whose normal work week is of not less than one-half (1/2) time shali be prorated according to the time of the recurring work assignment as to the normal wo~k week. Employees may convert, on a once per calerr3ar year basis, tarused vacation time for payment subject to the following conditions: 1. The employee must have an earned vacation of a minimum of 15 days. -17- Any payment~nade f or unused vacaticn ~~i be subject to ail app~opriate taxes and deductions as detarmined by tne Finance Department. Minimum exchange will be 1 day, ma:<imum exchange will be 5 days. All changes are irrevocabie. Section 8.3 Si~k ~gav_~ 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 f40) hours during a calendar month shall not earn sick leave benefits for that month. Sick leave may be utilized due to the employee's perso~al illness, injury, maternity, or sickness or injury in the immediate family. Immediate family is defined as spouse and children. Employees shall, whenever possible, make appointments for medical, dental, and similar purposes on non-work hours. If this is not possible, sick leave may be used for these purposes. With proper notice and approval of the supervisor, sick leave shall be take~ in periods of no less than one-halt hour increments. Employees will have the aption, subject to approval, of con- verting sick leave to vacation leave on a two-to-ane basis. The ma~imum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calenda~ year. Minimum exchange will be 8 hours sick leave f or 4 hours of vacation. As a condition of convertinq sick leave to vacation, all employees will be required to use at least one-half of vacation accrued during the previous twelve months. -18- ~ ~ 5u~h conversion•either to exchange sick 1=~ve ror vacat:on cr vic= versa shall be subject to the 4ollowing conditions: 1. All requests to e:<change sick leave for vacation time shali be submitted in writing to the Department Head at least 60 calendar days in advance of intended vacation utilization. 2. The granting of such exchange and subszquent use will be at the discretion of the Department Head. 3. If twelve (12) months have elapsed since approval of the ' exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation I time, (after submitting at least one written request for utilization> the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed gnly for previously converted sick time to vacation and will ~ot be permitted f or regularly accrued vacation time. 4. If an employee, after converti~g sick leave to vacation time, exhausts all of his/her remaining sick leave due to injury or illness, he/she may make a written request to the Department Head to re-convert vacation time to sick leave on a reverse ratio basis. Approval will be • subject to an assessment by the Department Head as to the validity of the illness/injury and whether or not a written physician's statement attesting to the illness/injury is required will be at the sole option of the Department H~ad. -19- ~ ' S. If the emp~~ze's vacstion accr-ual e:~eds the ~na;;i~num allowable accrual, he/she will hava the option to re-convert vacation time back to sick leave on a reverse ratio, basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum aliowable. Regularly accrued vacation time will not be e2igible for this re-conversion to sick leave and any regularly accrued vacation time ac~rued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE; As used in this document, "reverse ratio" is intended to mean that the ratio of sick leave to vacation will revert to the original ratio at the time the i~itial exchange was implemented. 5ection 8.3.1 Personal ~gave The City shall allow twenty-four f24) hours of accumulated sick Ieave to be used foe- conducting personal business which cannot be conducted outside regular working hours. The employee must request leave, if non-emergency, at least forty-eight (48) hours (two working days) prior to the time of utilixation on the form presently provided. In cases o4 emergency, the forty-eight (48) hour notification procedure may be waived by the immediate supervisor, provided the form is completed and the reason for the request is stated upon return. Section B.3.~ ~er~av_g2gn~ Leav_~ Employees shall be granted paid bereavement leave not to e~cceed three (3) work days upon the occasion of death of a close -20- . r~lat;ve. Close • at;vzs are defined as ~not~r, =ather, sister, brother, wi*e, husband, Ch1Id, grandparent, grandch:ldren, ~nother-in-law and fathar-in-law. Section B.ti.~ Abs~nce_Ng~ifica~iSn 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 li personal illness or otherwise, is to continue beyond the first day, the einployee must notify the supervisor on a daily basis ~ unless otherwise arranged with his supervisor. In proper cases, e:<ceptions will be made. ; Any unauthorized absence of an employee from duty shall be i 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 authorized leave shall be deemed to ' have resigned. Such absence may be covered, however, by the department head by a following grant af leave with or without pay when extenuating circumstances are founds to have existed. Section 8.~.4 Ur~used_~~{~_~eav_g The City shall pay an employee for unused balance of sick leave upo~ retirement, or termination for other than just cause, according to the f ollawing schedule: 1. Upon retirement, which shall require the formal fili~g of the appropriate forms with the Fubiic Employees Retirement System, a cash payment shall be made -21- r~ ~ ~ equi val e~t~o seventy-1 i ve percent of t~ ~e do: 2 ar value oT the unused sick leave balance e::ceeding ~~0 hours. The dollar value for such payment shall be calculated at a wage rate which is the average of the preceding five (5) years for the employee. 2. Upon termination f or other than discharge with just cause, a cash payment shall be made equivalent to fifty percent (50%) of the doi;ar value of the unused sick leave balance exceedinq ~20 hours. The dollar value for such payment shall be calculated at a wage rate which is tfie average of the preceding five (5) years for the employee. Section 8.4 ~~av_es_gf Abs~nce Leaves of absence without pay not to exceed three (:i) consecutive work days may be granted to an employee by his department head. 5uch leaves of absence in excess of three (3) consecutive work days shall require the p~ior approva2 of the Appointing Authority. All such leaves af absence in excess of ten t10) work days shali have the prior written approval of the Appointing Authority and shall be reported to the Personnel Officer on the appropriate form provided. Section 8.5 Milita~ Lgave Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall qlve their supervisor an opportunity, within the limits of the military requirement, to determine when such leave shall be taken. Section 8.6 Jury_D~~y Employees called for jury duty shall be paid the difference for such non-work time between the base salary they would have -22- ~arned had the~ ~o~een required to serve or~ in attendanceand tha base salary, e.~clusive of any mileage allowance, received for such service. 5ection 8.7 Temeorary_Disability_Benefits Any employee sustaining an injury arising out of, or in the course of, the per4ormance of his job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability payments as prescribed by State law. • A~y employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to e:<ceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such personal leave has been accrued to the employee`s accaunt. Section 8.8 Ma~erni~~~g~_ve Employees shall be granted maternity leav~ without pay if they have been employed by the City for at least twelve (12) continuous months. Like other no~-industrial disabilities. employees may use sick leave and vacation leave to supplement lost wages. The City will pay health and welfare benefits at the sa~ne rate as prior to the leave ~til the e~loyee is released by her physician to retiun to work or for sixty (60) days, whichever canes first. Section 8.9 ~~~enda~~g Employees shall be expected to report for work promptly at the start of each work period and to perform their given Nork assignments diligently until the end of that work period. An employee who i~ not able to do so shall so advise his supervisor of that fact at the earliest possi6le time after that fact is known to him/her. Abuse of attendance requirements may be grounds _43_ *or apprcpriate di • oiinary action. • ~ection 3.9.1 Adequate and proper attendance records shail be maintaine~ for each employee which records shall form the basis for payroll and accounting requirements. Section 9.~ Overtime It shall be the policy of the City to keep overtime at a minimum. When situations arise which require an employee to perform outside of the normal work week, compensation shall be made in one of the following ways. i Section 9.1 Non Exemg~ Ov_ertim~ All approved work perf ormed by employees in e~cess of 80 ~ hours in a bi-weekly pay period, shall be paid at the rate of one a~d o~e-half (1 1/2? times the normal rate of pay. Work performed o~ 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 the overtime rate at the rate of one and one-half (1 I/2) hours off for each hour so worked. 5ection 9.2 ~xgmet,yNon_Managemen~ Overtime An employee, not eligible under the Manaqement Compensation Frogram~ who is required to perform assigned duties in excess o4 80 hours in any bi-weekly pay period may~ at the employee's option, receive compensatory time off in an amount equal to one and one-half (1 1/2) times the time so worked or be paid at one and one-half (1 1/2> times the regular rate for such work. Section 9.2.1 Compensatory time off shall be taken before the end of the second pay period in December of each calendar year i~ which it -24- . ~ earned and du~g such periods as may muts Iy be agreed upon C~tween the employee and the supervisor. Exception of this ruie shall be allowable only on specific authori~ation of the Appoi~ting Authority. Section 9.3 Management_a~d_Confidential Ov_ertime All approved work in excess of the 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 like amount 4or 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 within the calendar year in which it is earned as is mutually agreed upon between the employee and the supervising department head. ' Section 9.4 Star~~_ -Pay ~ Employees 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 assignment at the rate of 375.00 per week f or each week so assic~ned. OTHER CONDITIONS OF EMPLOYMENT Section 10.0 CoQt3,nuous Ser_vi~g 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 exceedinq twelve (12> months duratio~ without the employee having been reinstated. Continuous service shall be interrupted through a leave of absence without pay exceeding ten (30) work days, layoffs and suspensions exceedi~g ten f10) work day~. -ZS- _~ct:on 1C.1 ~~aim emant fcr ~rav~l and Oth~E_2_nses - - Ernployees who occasionally are requ:red to use ':heir per=_onal vehicles for City business shall be reimbursed Tor such use at an appropriate rate to 6e determined by a schedule adoQted by the City Council. Submission of a request for reimbursement must be approved by the department head. Section 10.1.1 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 of the City Manager be reimbursed at the rate of fifty dollars (350) per month for the given number of miles to be determined by a schedule adopted by the City Council at the established rate pe~ mile for each mile in excess of the aforementioned mileage reim6ursement of ~59.~Q. b) Employees other than department heads who were hired prior to March 22, 1973 and who are reimbursed for the use of their personal vehicle for City business at the rate of seventy-five dollars (375) per month 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, the Assistant City Engineer and the Assistant to the City Manager who shall be reimbursed at a rate of one hundred dollars (3100) per month. c> Department heads who are not provided a City automobile shall be reimbursed for the use of their personal automobile for City business at the rate of one-hundred fifty dollars (~1.~,~) per month and at an appropriate rate to be determined by a schedule adopted by the City Council for each mile in exces~ of an amount -26- aisc to be determ~ed b;~ tha City Ccuncii (s~Fesolution #50vb. datsd May ~4. 1~7?). • Section 10.1.2 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 sa e:: pended . ' Section 10.1.~ The City Manager may prescribe such administrative rules and regulations governing the allowable kinds and amounts of such r=imbursable e:<penditures and the methods and procedures usable to substantiate and process submitted claims. Szction 10.~ Layoffs Layoffs of employees may be made by the Appointing Authority for lack of funds, lack ot work or for other similar and just cause. The order of layoff shall 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 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 Fule on layoffs. 5ection 30.2.1' Rgi~nst~a~gmen~ts The names of employees affected by layoff shall be placed on a recall list for a period of two yea~s in the reverse order of layoff and shall have the first oppartunity tor reinstatement. Failure to respond within ten days to a written notice of such -27- ~ppartunity shall •use that name to bz rem • d from the recall _ist. With the approval of the Appointing Authority, a permanent or probationary employee who has resigned with a gcod work record may be reinstated within twenty-four months of the effectivE date of resignation to a vaCant position in the same or comparable class he/she previously occupied. Upon reinstatement the employee, for all purposes, shall be considered as though they had received an original appointment. Sectian 10.3 Senigri~y 5eniority 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 cha~ge in the evaluation of the class oi positions. Section 10.4 Training_Programs It shall be the policy of the City to encourage employee participation in training programs which will be of benefit to ' the employee and the City in the better performance of his work and as a means of providing assistance in the employee qualifying for promotional oppo~tunities. The Appointing Authority may prescribe suitable regulations and guide2ines under which such program9 may be administered. Sect i on 10. 5 ~~qgg~~~,,g~ys~gr~ 5uggestions of employees relating to the improvement of work - related matters shall be encouraged. The means of receiving! processinq and implementing such sugqestions as well as the method of giving apprapriate recognition thereto shall be as prescribed by the Appointing Authority. -28- ' Sec}ion 10.6 Hos~itali_ations_Medicali_Dental_an~ Lir'e Insurance_Programs It shall be the policy of the City to provide suitaCle group hospitalization, medical, dental and life insurancz programs under which employees and their dependents may be covered. The needs of the employees shall be given due consideration. EMPLOYEE-EMPLDYEF FELATIONS Section 11.0 Memoranda_cf Understanding Rules relating to those matters of mutual interest and concern between City management and City employees which are subject to meeting and conferring in good faith shall be as mutually agreed to between the two parties and as approved by the City Council in Memoranda of Understanding. In the absence of such memoranda the rules contained herein shall apply wherever applicable. In the absence of any specific rule on any given matter the City Manager in that capacity or as the Appointing Authority shall establish suitable policies by administrative requlatio~s and orders which shall be considered as supplemental hereto unless or until amended or superseded. -29-