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
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CITY OF CUPE[sII~O
I
FdJI,ES ON CLNDITICNS II~LO~P
JULY l, 1984
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. 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.
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:
! _ ~ • •
~
~ 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
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. 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
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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.
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. ?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
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' 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
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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
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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.
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. ~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.
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. 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.
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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.
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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.
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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.
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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
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+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.
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=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.
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~+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.
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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.
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~ ~ 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.
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~ ' 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
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. 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
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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
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~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
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*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
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. ~ 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
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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
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~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.
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' 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.
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