HomeMy WebLinkAboutResolution 12-80 RESOLUTION NO. 12-80
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING PERSONNEL RULES AND
REGULATIONS IMPLEMENTING THE PERSONNEL SYSTEM
FOR THE CITY OF ATASCADERO
WHEREAS, the City Council is authorized and directed under
the provisions of Chapter 2 of the Atascadero Municipal Code to
adopt rules and regulations for the administration of the personnel
system created in said chapter; and
WHEREAS, the purpose of these rules is to provide policies
and procedures consistent with public personnel administration and
to provide for a fair and equitable system of personnel management;
and
WHEREAS, these rules set forth procedures to assure similar
treatment for those who compete for original employment and promo-
tion, and define the obligations, rights , privileges, benefits
and prohibitions which are placed upon city employees; and
WHEREAS, at the same time, within the limits of established
personnel administration policies, recognition shall be given to
the fact that individuals differ, that no two individuals react
alike to reward and discipline or to motivation and encouragement
and for this reason latitude shall be given to the Perscnnel
Officer in the interpretation of these rules.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of Atascadero does hereby adopt the rules and regulations attached
hereto marked Exhibit A and by reference thereof made a part hereof.
Passed and adopted at a regular meeting of the Council of the
City of Atascadero duly called and held on the 14th day of July,
1980.
ATTEST: RO ERT J. WILKINS JR. , "Mayor
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rPPRO
Y L WARDEN, City Clerk
VED AS TO FO_ :
ALLEN GRIMES, City Attorney
PERSONNEL RULES AND REGULATIONS
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SECTION 1. 0 DEFINITIONS . • . 1
' 1. 1 Definition of Terms . . . . . . . . . . 1
' SECTION 2. 0 PERSONNEL ADMINISTRATION . . 2
2. 1 Duties of the Personnel Officer 2
2.2 Violation of Rules . . . . . . . . . . . . . . . . . 2
2. 3 Personnel Board 3
2. 4 Hearings of the Personnel Board . . . 3
2.5 Rules of Appeal to the Personnel Board . 3
2. 5.1 Right of Appeal 3
2. 5.2 Limitations to Right of Appeal . - . - . . 3
2. 5. 3 Method of Appeal . . . . 3
2. 5. 4 Hearing Dates and Notice of Hearing . 4
2. 5. 5 Hearings . . . . . . 4
2.5.6 Findings and Recommendations . . . . . . . . 4
SECTION 3.0 RECRUITMENT AND SELECTION . . . . . . . . 4
3. 1 Equal Opportunity Employment . . . . . . . . . 4
3. 2 Filling Vacancies • . . . . . . . 0 • . . 5
3. 3 Provisional Appointments . . . . . . . . . .. . 5
1 3. 4 Fair Employment.
Practices . . . . . . . . . . . . 5
3. 5 Applications 5
3. 6 Job Announcements . . . . . . . . . . . 6
3. 7 Examinations • • . • . • . . . o 6
1 3. 8 Conduct of Examinations . . . • • . . 6
3.9 Eligibility Lists . • • . . . . . • o . • o • , 6
3. 10 Notification of Applicants . 7
3. 11 Certification of Eligibles . . . . . . . . . . 7
3. 12 Selection . . . . . . . , . • 7
3. 13 Employment of Relatives . . . • . . . f . 7
3. 14 Physical Requirements . . • . . . . . . , . , 8
SECTION 4.0 EMPLOYEE EVALUATIONS, TRAINING AND DISCIPLINE . 8
4. 1 Probationary Period . . • . . . . . . . . 8
4. 2 Employee Performance Evaluation • 9
4.2 . 1 Policy . 9
4. 2.2 Schedule 9
4.2. 3 Persons Responsible for Evaluation Reports 9
' 4.2. 4 Review with Employee . . • • . . . . . 9
4.2. 5 Distribution of Reports . • . • • • 10
4. 2 . 6 Effects of Improvement Needed or Unsatisfactory
10 Ratings . . . • • • . . . . . .
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4. 3 Pre-Disciplinary Procedures . . . . . . 11
4. 3. 1 Causes for Disciplinary Action . . . . . 11
4. 3.2 Persons Who May Take Disciplinary Action;
Notice, Service, Contents . . . . . . . . 11
4. 3. 3 Right to Respond . . . . . . . 12
' 4. 3. 4 Right of Appeal; Form . . . . . . . . . . . . 12
4. 3. 5 Representation . . . . . . . . . 13
4. 3.6 Hearing . . . . . . . 13
4. 3.7 Notices to Witnesses; Cost . . . . . . 13
4. 3.8 Failure of Employee to Appeal at Hearings . . . 13
4. 3. 9 Decisions . . . . . . . . . . . . . . . . . 13
4. 3. 10 Effect of Certain Disciplinary Actions 14
4. 3. 11 Releasing of Information Relative to Disciplin-
ary Action Against Municipal Employees . . 14
SECTION 5. 0 TERMINATION OF EMPLOYMENT
5. 1 Termination; Resignation . . . . . . . . . . . 15
5.2 Termination; Absence Without Leave . 15
5. 3 Termination; Lack of Work or Funds . o . . . . 15
5. 4 Termination; Nondisciplinary Action . . 15
5. 5 Retirement; Applicable Regulations. . . . . 16
1 SECTION 6.0 GRIEVANCE PROCEDURES . . . . . . . . . . . 16
6.1 Purpose of Section . . . . . . . . . . . . 16
6.2 Matters Subject to Grievance Procedure . . . 16
6. 3 Informal Grievance Procedure . . . . . . . . . . 16
6.4 Formal Grievance Procedure . . . 17
6. 5 Conduct of Grievance Procedure . . . . . . . . 18
SECTION 7.0 EMPLOYER-EMPLOYEE RELATIONS PROCEDURE . , . 18
7. 1 Statement of Purpose . . . . . . . . . . 19
7.2 Definitions . . . . . . . . . . . . . . . . . 19
7. 3 Employee Rights .
• • . . . . . . . 20
7.4 Employer's Rights . . . 21
7.5 Meet and Confer in Good Faith . . . . . . . . . 21
1 7.6 Advance Notice . . . . . . . . . . . . . . . . 22
7.7 Petition for Recognition . 22
7. 8 Employee's Former Organization . . . 23
7. 9 City Response to Recognition Petition . . . 23
7. 10 Challenge to Filed Petitions . . . . 24
7. 11 Recognition Without Election . . . . . 24
7. 12 Election Procedure . . . . . . . . . . 24
' 7. 13 Decertification of Recognized Employee Organi-
zation . . • . . . . . . . . 25
7. 14 Appropriate Units . . . . 27`
7. 15 Modification of Established Appropriate Units 27
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' 7.16 Cost of Election Proceedings 28
7. 17 Appeals . . . . . . . . . 28
7. 18 Currency of Information by Recognized Employee
Organization . . . . . . . . . . . . , 29
7. 19 Meet and Confer Process 29
7. 19. 1 Representation of Membership , . . , . . . 29
7. 19.2 Proposals . . . . . . . , , 29
7. 19. 3 Proposal Meeting . . . . . . . . 30
7.19,4 Memorandum of Understanding , . . . . . 30
7.20 Notices , . , . . & o . 1 . . 30
7.21 Designation of Employees . . . . 31
7. 22 Violation . . . . . . . . . . 0 . . . . . 31
7.23 Administrative Rules . . . . . . . . . 31
7.24- Employee Activities , . . . . . , , . . . . . 31
SECTION 8.0 LAYOFF
8. 1 Intent of Procedure . . . . . 32
8,2 Procedures . . 9 . . 0 0 0 32
8, 2. 1 Abolition of a Position . . . . , . 32
8, 2. 2 Transfer or Demotion to Avoid Layoff . 32
8. 3 Severance Pay . . . . , . . . . , . , . 33
8. 4 Reemployment Lists . . . . . 33
SECTION 9.0 EMPLOYEE BENEFITS . . . . . . . . . . 33
9. l Computation of Time Off o . . . . . . , 33
9.2 Vacation Accrual . , . . . , . . . . . 33
9. 3 Use of Vacation . . . . . . . . . . . . . . . 34
9. 3, 1 Holidays Within Vacation Periods, . . -. . . 34
9, 3. 2 Maximum Accrual . . . . . . , . . 34
1 9. 3. 3 Vacation Beyond Limits . o . . . . . . , 35
9. 3. 4 Vacation for Permanent Part-Time Employees o 35
9. 3.5 Pay .for Vacation Time . . . . . . . 35
9. 3.6 Pay for Vacation When Terminated 35
9. 4 Holidays . . o . . . . . . . . . . . . . 35
9. 4.1 Recognized Holidays . o o . . , . 35
9. 4.2 Holidays Falling on Saturday of Sunday . . . , 36
9. 4. 3 Police Department Employees . . . ,. . 36
9.4. 4 Fire Department Employees . . . . . , . . . . . 36
9. 5 Sick Leave Policy . . . . . . . . . . 36
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9. 5. 1 Sick Leave . . . . . . . . . . . . . . . 36
9.5.2 Evidence of Illness . . . . . . . . 36
9.5. 3 Deduction . . . . . . . . . . . . . . . . . . 37
9.5.4 Penalty for Sick Leave Abuse . . . . . . . 37
9.5.5 Sick Leave and Temporary Disability . . . . 37
9.5. 6 Sick Leave for Dependent Care . . . . . 37
9. 5. 7 Payment for Unused Sick Leave . . . . . 37
9.6 Bereavement Leave . . . . . . . 37
9. 7 Education Reimbursement Program . . . 38
9. 7.1 Eligibility . . . . . . . . . . 38
9. 7.2 Procedure . . . . . . . o . . . . . 38
SECTION 10.0 CLASSIFICATION AND COMPENSATION . . . 38
10.1 Preparation of Classification Plan . . . . . 38
10.2 Administration and Maintenance of Classification
Plan . . . . . . . . . . . . . . . . 39
10. 3 Employee Compensation Plan . . . . . . 39
10. 3. 1 Establishment of Salary Ranges and Steps Within
Ranges . . . . . . . . . . . . . . 39
10 . 3. 2 Exceptions . . . . . . . . . . . . 39
10. 3. 3 Definition of Steps . . . . . . . . . . . . . 40
10. 3. 4 Trainee Positions . . . . . 40
10 . 3. 5 Administration and Review of Employee Compensa-
t:ion Plan . . . . . . . . . . . 41
' 10. 4 Probationary Period . . . . . . . . 41
10.4.1 Object of Probationary Period . . . . . . . . 41
10. 4.2 Probationary Employee Performance Reports . . . 41
10.5 Compensation - Permanent Part-Time Employees 41
10.6 Compensation - Temporary Employees. . . . . . 42
10. 7 Compensation on Promotion . . . . . . . . 42
10. 8 Compensation on Demotion . . . . . . . . . 42
10. 9 Compensation on Reinstatement . . . . . . 42
10 .10 Compensation on Transfer . . . . . . . . . . 42
10. 11 Compensation on Change in Range Assignement . . . 42
10. 12 Compensation on Position Reclassification . 43
10.13 Compensation When Working Out of Classification 43
10. 14 Attendance . . . . . . . . . . . . . . . 44
10.15 Hours of Work . . . . . . . . . . . . . . . 44
10. 16 Leave of Absence Without Pay . . . . . . . . . . . 44
' 10.17 Military Leave . . . . . . . . . 45
10. 18 Overtime . . . . . . . . . . . . . . 45
' 10.18. 1 Fire Department Employees . . . . 45
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10.18. 2 Police Department Employees . . . . . . . . 45
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10. 18. 3 Miscellaneous Employees . . . 45
10 . 18.4 Limitation on Compensatory Time Off 45
10. 19 Work on Holidays — Compensation . . . . . 46
10.20 Jury Duty . . . . . . . . . . . . . . . . . 46
r 10 .21 Special Salary Adjustments . . . 46
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PERSONNEL RULES AND REGULATIONS
SECTION 1. 0 DEFINITIONS
1.1 Definition of terms. The following terms, whenever
used in these Rules and Regulations, are defined as
follows:
' Anniversary date. The date on which a person was
placed on the City payroll. The anniversary date
shall not change unless an employee is removed from
the City's payroll.
Appointing Authority. The City Manager and those
employees of the City to whom the power to make
appointments has been delegated by the City Manager.
Benefit Date. The date which determines eligibility
for salary or benefit increases. If the date of hire
or promotion occurs on or between the first and fif-
teenth of the month, the benefit date is the first
of that month. If the date is after the fifteenth
of the month, the benefit date is the first of the
following month.
iDemotion. The appointment of an employee to a
classification having a lower salary range either
as the result of disciplinary action, the request
' of the employee or as a result of an evaluation pro-
cess which determined an employee' s inability to per-
form at the higher classification. No employee shall
be demoted to a position for which he or she does not
possess the minimum qualifications. Pre-disciplinary
procedures shall be complied with prior to the demo-
tion of any employee for disciplinary purposes.
Evaluation procedures shall be complied with prior
to the demotion of any employee for non-performance
of job requirements .
Discharge. A disciplinary action separating the
employee from employment with the City. Whenever
' an employee is to be discharged, the Personnel
Officer shall be notified. Pre.-disciplinary proce-
dures shall be complied with prior to the discharge
of any employee.
Eligibility List. A list of individuals who have
achieved a minimum qualifying score in an examination
' for employment with the City of Atascadero.
Management Employee. An employee designated as such
Ey—action of the City Council.
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Open Examination: Any recruitment and selection
process which invites qualified applicants from
the public at large as well as City employees.
Personnel Ordinance. Chapter 2 of the Atascadero
Municipal Code w ich creates a personnel system
for the City.
Probationary Employee. A full-time or permanent
part-time employee in a permanent position who has
not successfully completed a probationary period
of employment with the City.
Promotional Examination. Any recruitment and selec-
tion process which invites only qualified full-time
employees as applicants.
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Resignation. The voluntary separation of an employee
from employment with the City. In order to resign
1 in good standing, an employee shall provide a written
statement, indicating the last day of employment and
reasons for leaving, at least two weeks prior to
' leaving. Once a resignation has been submitted, it
may only be withdrawn by approval of the Personnel
Officer upon the recommendation of the Department
Head,
Suspension. A disciplinary action taken by the
appointing authority to prevent an employee from
working his normal hours and thereby exempting him
from compensation for those hours. Persons under
suspension shall not accrue sick leave and vacation
' during such suspensions. Suspensions shall be imme-
diately reported to the Personnel Officer. Pre-
disciplinary procedures shall be complied with prior
to the suspension of any employee.
Transfer. The reassignment of an employee from one
clas kation to another classification which has
the same maximum salary and requires substantially
the same qualifications. If the transfer involves
a change from one department to another, both Depart-
ment Heads must consent thereto unless the City
Manager orders the transfer for reasons of economy
and efficiency.
SECTION 2 . 0 PERSONNEL ADMINISTRATION
2. 1 Duties of the Personnel Officer: The Personnel
Officer shall interpret, apply, and administer these
rules and shall suggest amendments as required.
2.2 Violation of Rules. Violation of these rules may be
grounds for disciplinary action.
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commitment also applies to job assignment, promotion,
demotion, transfer, layoff, termination, and disci-
plinary actions. The City is committed to the develop-
ment of positive measures to help eliminate barriers
to the recognition of individual merit in personnel
practices. Employees shall not be discriminated
against because of the exercise of their rights under
Section 3502 of the California Government Code or
under the City's Employer-Employee Relations policies,
Section 7.0 of these Rules and Regulations.
3.2 Filling Vacancies. All vacancies in permanent, full-
time positions shall be filled by reinstatement,
transfer, demotion, reemployment or appointment from
an eligibility list following an open or promotional
examination. In the absence of persons eligible for
appointment through these means, provisional appoint-
ments may be made subject to Section 3. 3 of these
Rules and Regulations,
3. 3 Provisional Appointments . In the absence of indivi-
duals eligible or acceptable for appointment from
appropriate eligibility lists, a _provisional appoint-
ment may
ppoint-ment-may be made by the appointing authority of an
individual who meets the training and experience
requirements for the position. Such an appointment
may be made during the period of suspension of an
employee or pending final action on proceedings to
review suspension, demotion, or discharge of an
employee. Provisional appointments may also be made
under other circumstances deemed for the good of
the service by the Personnel Officer. A provisional
employee may be removed at any time. Provisional
employees shall accrue the same benefits as proba-
tionary employees.
3. 4 Fair Employment Practices. Any technique or procedure
used in recruitment and selection of employees shall
be designed to measure only the job related qualifica-
tions of applicants . No recruitment or selection
technique shall be used which, in the opinion of the
Personnel Officer, is not justifiably linked to success-
ful job performance.
3. 5 Applications. Application for employment with the
City of Atascadero shall be made on forms provided by
the Personnel Officer.
Any false statement or willful omission of information
on the application form may be grounds for rejection
of the application or subsequent discharge of the employee.
Applications must be signed by the applicant and
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and setting foth therein a statement of the action
desired by the appellant, with his reason therefor.
The formality of a legal pleading is not required.
2 . 5. 4 Hearing Dates and Notice of Hearing. Upon the
filing of an appeal, the Personnel Officer shall
set a date for a hearing on the appeal not less
than ten (10) working days, nor more than thirty
(30) working days, from the date of filing. The
Personnel Officer shall notify all interested
parties of the date, time and place of hearing
at such places as the Personnel Board shall pre-
scribe.
2. 5.5 Hearings. The appellant shall appear personally,
1 unless physically unable to do so, before the
Personnel Board at the time and place of the
hearings. He may be represented by any person
I as he may select and may at the hearing produce
on his behalf relevant oral or documentary evidence.
Appellant shall state his case first, and at the
conclusion, opposing matter may then be allowed
at the discretion of the Personnel Board. Cross-
examination of witnesses shall be permitted. The
conduct and decorum of the hearing shall be under
the control of the Personnel Board by its Chair-
person, unless a Hearing Officer has been appointed
by the Board, with due regard to the rights and
privileges of the parties appearing before it.
Hearings need not be conducted according to technical
rules relating to evidence and witnesses. Hearings
shall be closed unless the appellant, in writing,
requests an open hearing.
2. 5.6 Findings and Recommendations. The Personnel Board
shall, within fifteen 15} working days after the
conclusion of the hearing, certify its findings
and recommendations in writing to the appellant,
to the person from whose action the appeal was
taken and to the City Manager. The City Manager
shall review the findings and recommendations
of the Personnel Board with the person from whose
action the appeal was made with a view toward
implementing the recommendations of the Personnel
Board. The action taken by the City Manager shall
be considered final. Any member of the Personnel
Board may submit a minority or supplemental finding
and recommendation.
SECTION 3.0 RECRUITMENT AND SELECTION
3. 1 Equal Opportunity Employment. All persons seeking
j employment with the City and all City employees shall
be treated equally and without discrimination in
accordance with Federal, State and local laws. This
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2 . 3 Personnel Board. The Personnel Board shall hold
meetings at such time and place within the City as
shall be designated by the Chairperson of the Board.
Any meeting may be adjourned to a time certain and
to a place designated by the Chairperson. In addi-
tion, the Board may hold special meetings upon the
call of the Chairperson or a majority of members of
the Board. A majority of the Board shall constitute
' a quorum for the transaction of business. Meetings
shall be conductedinaccordance with such rules
and procedures as may be adopted by the Personnel
Board.
2 . 4 Hearings of the Personnel Board. Hearings relating
to the appointment, employment or dismissal of a
City employee or a complaint or charge brought against
an employee by the City shall be held in private
unless such employee requests a public hearing. The
Board may exclude from any such public or private
meeting, during the examination of witnesses , any
or all other witnesses in the matter being investi-
gated by the Board. The meeting need not be con-
ducted according to technical rules relating to
evidence and witnesses. The Board may appoint a
Hearing Officer to conduct the _proceedings of the
hearing.
2.5 Rules of Appeal to the Personnel Board.
2. 5. 1 Right of Appeal. Any regular employee shall have
the right of appeal to the Personnel Board any
disciplinary action taken by the appointing
authority except in instances where the right of
appeal is specifically prohibited by the Personnel
Ordinance or these Rules. Such appeal shall be
filed with the Personnel Officer within ten (10)
working days after the effective date of such
disciplinary action.
2. 5. 2 Limitations to Right of Appeal. The Personnel
Officer shall not accept any appeal unless the
appellant has first sought relief through the
established supervisory chain to include the
Department Head concerned and the City Manager.
2 . 5. 3 Method of Appeal. Appeals shall be in writing,
subscribed to by the appellant. The Personnel
Officer shall, within ten (10) working days
after receipt of the appeal, inform each member
of the Personnel Board, the appointing authority
and such other persons named or affected by the
appeal or the filing of the appeal. The appeal
shall be a written statement, addressed to the
Personnel Board, explaining the matter appealed
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received by the Personnel Officer within the filing
period prescribed on the job announcement.
The Personnel Officer may reject an application
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which, on its face, does not demonstrate that the
' applicant meets the minimum qualifications of the
position or class for which the application was
submitted.
3. 6 Job Announcements. Announcements for examinations
shall specify at least the major job responsibili-
ties, minimum desirable qualifications, and the
selection process to be used. Job announcements
shall be posted on appropriate bulletin boards in
City facilities.
Special recruitment methods shall be utilized as
necessary to insure that the objectives of these
regulations are accomplished.
3. 7 Examinations. Examinations for employment shall
include any technique which, in the opinion of the
Personnel Officer, fairly measures the job related
qualifications of applicants. These may include
written tests, interviews, performance tests, psy-
chiatric, polygraph, medical examinations and back-
ground investigations. Examinations may be open
or promotional at the discretion of the Personnel
Officer.
' 3. 8 Conduct of Examinations. The Personnel Officer _shall
construct, develop and administer all examinations
' for City employment except that the City may contract
with any qualified agency, organization or individual
to develop or administer examinations.
' 3. 9 Eligibility Lists. An eligibility list shall be
established following an examination listing the
names of those applicants who have achieved a total
weighted score meeting or exceeding the passing
point. Such applicants shall be deemed as qualified
for consideration for appointment, pending further
review by the appointing authority, interviews or
other qualifying procedures such as reference checks ,
medical examinations or background investigations.
Eligibility lists shall be valid and effective:for
period of one (1) year. An eligibility list may be
extended beyond one (1) year up to a maximum duration
of two (2) years , at the discretion of the Personnel
' Officer, prior to its expiration.
If less than the names of five (5) applicants willing
' and able to accept appointment, are available on a
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list, that list may be declared invalid by the
Personnel Officer and a new recruitment and exami-
nation announced.
Names of those not chosen from an eligibility list
that is less than one (1) year old may be merged
with names on a newly established list for the
same classification, but such names shall not re-
' main on the new list for more than twelve ,(12)
months from the date of their original examination.
3. 10 Notification of Applicants. All applicants shall be
notified in writing of their having passed or failed
any examination conducted under these Rules and
Regulations. An applicant may review the materials
related to testing including his answer sheets and
test copies except in cases where tests are of a
stock or form nature and when contracts prohibit
such review.
3. 11 CertificationofEligibles. When an appointment is
to be made from an eligibility list, the Personnel
Officer shall certify names from the appropriate
list. The appointing authority shall further review
the job-related qualifications of those certified
before making selection decisions.
The Personnel Officer may certify names from a list
for a higher classification, when job duties are of
' a similar nature. in no case shall names be certified
from a list for a lower classification to fill a
vacancy in a higher classification,
3.12 Selection. The appointing authority shall immediately
notify the Personnel Officer for orientation prior to
the employee's first day on the job. Each new employee
may be required to pass a medical examination for
fitness to perform the job to which they are appointed
and shall be subject to a background investigation.
3, 13 Employment of Relatives. An spouse or relative within
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the third degree of kinship, of any City Council member,
City Manager or Department Head, shall not be appointed
to any position, whether full- or part-time, on the
City payroll.
Any spouse or relative within the third degree of
kinship, of any full-time or permanent part-time
employee, shall not be appointed to any position,
' whether full-time or part-time, in the same department
in which the related employee works.
A marriage contracted in violation of this Section
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shall result in the resignation, termination or
transfer of one of the marriage partners. The choice
as to which of the marriage partners shall resign,
be terminated or be transferred shall be made by
the marriage partners.
The City Manager may waive the requirements set
forth in this Section when different divisions
within a larger department are involved. or where
the related individuals would have minimal job-
related contact with one another.
3. 14 Physical Requirements. All applicants and employees
shall be in such physical or mental condition so as
to perform their assigned duties and may be required
to take periodic medical or psychological evalua-
tions. No employee shall hold any position in 'a
classification in which he cannot physically or
' mentally perform all the duties of the job adequately
or without hazard to himself or others. Within the
limitations indicated, the City' s policy shall be
to make such efforts as are consistent with the
provisions of these Rules to place physically dis-
abled employees in such positions as are available
in the City service where their disabilities will
not affect their performance of duties. The employee' s
length of service, nature of past performance and
the availability of openings may be considered in
placing disabled employees.
SECTION 4. 0 EMPLOYEE EVALUATION, TRAINING AND DISCIPLINE.
4.1 Probationary Period. Except for sworn police officers
and irefig ters, the - first six (6) months after an
employee has been hired or promoted shall be a pro-
bationary period during which he will be considered
as in training. For sworn police officers and
firefighters, the probationary period shall be twelve
(12) months. The probationary period is an exten-
sion of the examination process during which the
employee' s performance shall be carefully observed.
The probationary employee's performance shall be
formally evaluated at least each two (2) months of
the probationary period. If the employee's perfor-
mance has been satisfactory, and advancement to
' regular status is warranted, the Department Head shall
so state in the employee's evaluation report to the
Personnel Officer. The employee shall then be advanced
to regular status on the first day of the payroll
period following completion of the probationary period.
If the employee's performance has not been satisfactory,
the Department Head shall so state in the employee' s
evaluation report and the employee shall be provided
with a termination notice giving two (2) weeks termina-
tion notification.
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Probationary employees may be terminated at any time.
Notification of termination shall be in writing and
' shall be given to the probationary employee with a
copy to the Personnel Officer.
' Probationary periods may be extended, under certain
circumstances, upon recommendation of the Department
Head and approval of the Personnel Officer. Such
extension shall be for no longer than six (6) months.
Any employee whose performance during the probationary
period following a promotion has been unsatisfactory
shall be reinstated to the position from which he or
she was promoted provided that a vacancy exists in
the classification to which he or she would revert.
4.2 Employee Performance Evaluation.
4.2. 1 Policy. Regular reports shall be made as to the
' efficiency, competency, conduct and merit of City
employees. To this end, it is the responsibility
of the Department Heads and subordinate supervisors
that ratings are made. It is the responsibility
of the Personnel Officer to provide and prescribe
the forms and procedures to be used in such per-
formance reports and to assist in the training of
supervisory personnel so that the evaluation pro-
gram will be carried out in a sound and effective
manner.
4, 2.2 Schedule. Reports shall be prepared and a copy
submitted to the Personnel Officer at least every
two (2) months for probationary employees. A
report for regular employees shall be prepared
each year within thirty (30) days prior to the
' salary anniversary date and a copy shall be sub-
mitted to the Personnel Officer.
In addition, a report may be prepared at any time
at the discretion of the employee's supervisor.
4.2. 3 Persons Responsible for Evaluation Reports. The
Personnel Officer shall be responsible for assuring
that evaluation reports are submitted as required
by these rules. Reports shall be prepared by those
supervisors who are most familiar with the work
of the employee being evaluated. The appointing
authority shall review and approve all performance
evaluations of personnel under his jurisdiction.
' 4 .2 . 4 Review with Employee. One of the prime benefits
of a sound performance rating system is that it
can bring together the employee and his supervisor
9 -
for a constructive discussion of the employee's
" work performance and issues related to work per-
formance. Therefore, each performance evaluation
shall be thoroughly discussed with the employee
to point out areas of successful performance and
' -areas that need improvement. The employee shall
also be encouraged to comment regarding his work
performance, either in a written statement
attached to the report or orally. The employee
' may sign the performance report to acknowledge
that he is aware of its contents and has dis-
cussed the report with the evaluator. The
employee' s signature does not necessarily mean
that he fully agrees with the contents of_' the
report.
4 .2 . 5. Distribution of Reports. Reports shall be pre-
pared for retention in the employee's employ-
ment history file in the Personnel office.
4.2. 6 Effects of Improvement Needed or Unsatisfactory
Ratings. Any employee who receives an overall
"unsatisfactory" or "improvement needed" rating
will not be eligible to participate in any pro-
motional examination until a satisfactory rating
is established.
An overall "unsatisfactory" rating shall result
in the withholding of any merit increases for
which the employee may be eligible. An overall
"improvement needed" rating may result in with-
holding any merit increase upon the recommenda-
tion of the appointing authority.
When an employee receives an overall "improvement
needed" or "unsatisfactory" rating, he shall be
re-evaluated within three (3) months to document
performance. If the employee' s performance has
improved to such an extent that the appointing
' authority believes it is justified, the improve-
ment shall be indicated on the report and he
may specifically recommend the restoration of any
merit step increase which had been withheld,
effective the first day of the pay period following
the date of the report.
The employee will then have a new salary anniversary
date. If the employee' s performance has not
improved, the employee shall be placed on proba-
tion status and his or her performance evaluated
monthly. If, after two (2) monthly evaluations,
the employee's performance has still not improved,
the employee shall be discharged.
- 10
4. 3 Pre-Disciplinary Procedures. As used in this Section.
"disciplinary action" shall mean discharge, demotion,
reduction in salary, written reprimand, disciplinary
probation or suspension. An oral reprimand shall not
be subject to the provisions of Sections 4. 3.2,
1 4. 3. 3, 4. 3. 4, 4. 3.5 , 4. 3.6 , 4. 3.7, 4. 3. 8, 4. 3. 9,
and 4. 3. 11.
I
4. 3. 1 Causes for Disciplinary Action. Causes for dis-
ciplinary action against any employee may include,
but shall not be limited to, the following:
a. Fraud in securing appointment
b. Inexcusable neglect of duty
C. Insubordination
d. Dishonesty
e. Drunkenness on duty
f. Intemperance
g. Unlawful use, sale, or possession of narcotics
or habit forming drugs
h. Absence without leave
i. Conviction of a felony or conviction of a mis-
demeanor involving moral turpitude
j . Improper political activity as defined by State
law
k. Willful violation of safety, endangering pro-
perty and persons
1. Misuse of City property
m. Violation of any of the provisions of these
working Rules and Regulations
n. Refusal to take or subscribe to any oath or
affirmation which is required by law in con-
nection with his employment
o. Unsatisfactory work performance
4 . 3.2 Persons Who May Take Disciplinary Action; Notice,
Service, Contents. The City Manager or any Depart-
ment Head
epartment 'Head may take disciplinary action against any
employee under his control for one or more of the
causes for discipline specified in this Section by
notifying the employee, in writing, of the proposed
action.
Disciplinary action against regular employees will
be valid in the absence of an emergency, only if
a written notice of the proposed action is served
on the employee and filed with the Personnel officer
prior to the date of the proposed action. The
notice shall be served upon the employee, either
personally or by certified mail and shall include:
a. A statement of the nature of the proposed
' disciplinary action
b. The effective date of the proposed penalty
1
C. City Council Review. Upon receiving the
grievance, the City Clerk shall present the
appeal to the City Council within fifteen
(15) working days of receipt of the request
for hearing. The City Clerk shall notify
the appellant of the hearing date at least
ten (10) days before the date of hearing.
The City Council shall hear the matter within
twenty (20) working days of the date the
City Clerk officially received the employee's
request. The hearing may be continued from
time to time to provide the City Council an
opportunity to gather and consider all the
facts in the matter. The City Council shall,
however, render its decision within thirty
(30) working days of the first date upon
which the matter was heard.
The City Council may adopt its own rules of
procedure for conducting the hearing; it may
hear sworn or unsworn testimony and receive
whatever testimony or documentary evidence
it shall deem necessary to quickly and equitably
resolve the matter. It shall not be required
to comply with the judicial rules of evidence
or procedure. The decision of the City Council
shall be final.
6. 5 Conduct of Grievance Procedure.
a. The time limits specified above may be extended
P Y
to a definite date by mutual agreement of the
employee and the reviewing party.
b. The employee may request the assistance of
' another person of his own choosing in preparing
and presenting his grievance at any level of
review.
C. Employees shall be free from reprisal for
using the Grievance Procedure.
SECTION 7. 0 EMPLOYER-EMPLOYEE RELATIONS PROCEDURE
7. 1 Statement of Purpose. The purpose of this Section
.is to implement Chapter 10, Division 4, Title l of
the Government Code of the State of California (Sec-
tions 3500 et seq. ) captioned "Public Employee Organi-
zations, " and to strengthen the merit system, by
providing orderly procedures for the administration
of employer-employee relations between the City and
its employee organizations. It is the further pur-
pose of this Section to provide procedures for
- 18 -
0 0
tmeeting and conferring in good faith with recognized
employee organizations regarding matters that directly
affect and primarily involve the wages , hours and
other terms and conditions of employment of employees
in appropriate units and that are not preempted by
Federal or State law. However, nothing herein shall
be construed to restrict any legal or inherent
exclusive City right with respect to matters of
general legislative or managerial policy.
7.2 Definitions. As used in this section, the following
terms shall have the meanings indicated:
Appropriate Unit. A unit established pursuant to
the provisions of this Section.
' City. The City of Atascadero, a municipal corpora-
tion, and where appropriate herein, "City" refers
to any duly authorized City representative as herein
defined.
Consult or Consultation in Good Faith. To communicate
orally or in writing for the purpose of presenting
and obtaining views and advising of intended actions.
Day. Calendar day unless expressly stated otherwise.
Employee. Any person regularly and permanently
employed by the City except those persons elected
by popular vote.
Employee, Confidential. An em to ee who in the course
P Y
of Eis duties, has access to information relating to
the City's administration of employer-employee vela-
tions.
Employee Relations officer. The City Manager or his
duly authorized representative.
Employee, Management/Mid-Management. An employee having
responsibility for formulating, administering or managing
the implementation of City policies or programs, or
having authority, in the interest of the City, to hire,
' transfer, suspend, layoff, recall, promote, discharge,
assign, reward, or discipline other employees, or
responsibility to direct them, or to adjust their
' grievances, or effectively to recommend such actions ,
If, in connection with the foregoing, the excercise of
such authority is not of a merely routine or clerical
nature, but requires the use of independent judgment.
Employee Organization. Any organization which includes
employees of the City and which has as one of its
primary purposes representing such employees in their
' - 19
employment relations with the City.
Impasse. The representatives of the City and a recog-
nizecT employee organization have reached a point in
their meeting and conferring in good faith where
' their differences on matters to be included in a
Memorandum of Understanding, and concerning which
they are required to meet and confer, remain so
substantial and prolonged that further meeting and
conferring would be futile.
Mediation or Conciliation. The efforts of an impar-
tial third person, or persons, functioning as inter-
mediaries, to assist the parties in reaching a
voluntary resolution to an impasse, through inter-
pretation, suggestion and advice. Mediation and
conciliation are interchangeable terms.
Proof of Employee Support.
a. An authorization card personally signed and
dated by an employee; or
b. A verified authorization petition or petitions
personally signed and dated by an employee; or
' C. Employee dues deduction authorization, using
the payroll register for the period immediately
prior to the date a petition is filed here-
under, except that dues deduction authoriza-
tions for more than one (1) employee organiza-
tion for the account of any one (1) employee
' shall not be considered a proof of employee
support for any employee organization. The
only authorization which shall be considered
as proof of employee support hereunder shall
be the authorization last signed by an employee,.
Said authorization cards must be signed and
' dated within ninety (90) days prior to the
filing of a petition.
Recognized Employee Organization. An employee organi-
zation which has been formally acknowledged_by the
City as the employee organization that represents
the employees in an appropriate representation unit
' pursuant to Sections 7 through 9 hereof.
7. 3 Employee Rights. Except as otherwise provided or
' authorized by law, employees of the City shall have
the right to form, join and participate in the activi-
ties of employee organizations of their own choosing
for the purpose of representation in accordance with
' these Rules and Regulations. Employees of the City
also shall have the right to refuse to join or parti-
' - 20 -
• 0
cipate in the activities of employee organizations
and shall have the right to represent themselves
individually in their employment relations with the
City. No employee shall be interferred with, intimi-
dated, restrained, coerced or discriminated against
by the City or by any employee organization because
of his exercise of these rights.
Notwithstanding the foregoing paragraph, the City
Council hereby designates any classifications and
positions comprising the Police Department Unit as
having duties consisting primarily of the enforcement
of State and local laws, and employees in these classi-
fications and positions shall be limited to forming,
joining, participating and being represented by employee
organizations which are composed solely of such law
enforcement employees, which concern themselves solely
and exclusively with the wages , hours, working condi-
tions, welfare programs, and advancement in the academic
and vocational training in furtherance of the police
profession, and which are not subordinate to any other
organization.
i7.4 Employer' s Rights. As employer, the rights of the
City include, but are not limited to, the exclusive
right to determine the mission of its constituent
departments, commissions and boards; set standards of
service; determine the procedures and standards of
selection for employment and promotion; direct its
' employees; evaluate the quality of the performance of
its employees; take disciplinary action subject to
established appellate procedure; relieve its employees
1 from duty because of lack of work or for other legiti-
mate reasons subject to consultation regarding the
impact of such decisions; maintain the efficiency of
governmental operations; determine the methods , 'means
and personnel by which government operations are to be
conducted; determine the types and content of job
classifications; take all necessary actions to carry
out its mission in emergencies; and exercise complete
control and discretion over its organization and the
technology of performing its work.
7. 5 Meet and Confer in Good Faith. The City, through its
representatives, shall meet and confer in good faith
in an effort to reach agreement with representatives
' of recognized employee organizations regarding matters
within the scope of representation`,
The City shall not be required to meet and confer in
good faith on any subject preempted by Federal or State
law, nor shall it be required to meet and confer in good
faith on Employer's Rights as defined in Section 7. 4.
21 -
7.6 Advance Notice. Reasonable written notice shall be
' given to each recognized employee organization affected
by any ordinance, rule, resolution, or regulations
directly relating to matters within the scope of repre-
sentation proposed to be adopted by the City. In case
of emergency when the City determines that an ordinance,
rule, resolution, or regulation must be adopted imme-
diately without prior notice or meeting with a recog-
nized employee organization, the City shall provide such
notice at the earliest practicable time following the
adoption of such ordinance, rule, resolution, or regu-
lation.
7. 7 Petition for Recognition. An employee organization
that seeks to be formally acknowledged as the Recog-
nized Employee Organization representing the employees
in an appropriate unit shall file a petition with the
Employee Relations Officer containing the following
' information and documentation:
a. Name and address of the employee organization.
b. Names and titles of its officers.
C. Names of employee organization representatives
who are authorized to speak on behalf of the
organization.
' d. A statement that the employee organization, as
one of its primary purposes, represents employees
in their employment relations with the City.
1 e. A statement whether the employee organization
is a chapter of, or affiliated directly or
indirectly in any manner, with a local, regional,
' state, national or international organization
and, if so, the name and address of each such
other organization.
' f. Certified copies of the employee organization' s
constitution and by-laws.
' g'. A designation of those persons, not exceeding
two (2) in number, and their addresses, to
whom notice sent by regular United States mail
will be deemed sufficient notice on the employee
organization for any purpose.
h. A statement that the employee organization has
no restriction on membership based on race,
color, creed, sex or national origin.
' i. The job classification or title of employees in
' - 22 -
I
then' t be appropriate and the
unit deemed o
number of member employees therein.
j A statement that the employee organization has
in its possession proof of employee support
to establish that a majority of the employees
in an appropriate unit have designated the
employee organization to represent them in
their employment relations with the City. Such
' written proof shall be submitted for confirma-
tion to the Employee Relations Officer, however,
the employee organization may request that
such written proof be submitted to a mutally
agreed upon disinterested third party.
h. A request that the Employee Relations Officer
formally acknowledge the petitioner as the
Recognized Employee organization representing
the employees in the appropriate unit for the
' purpose of meeting and conferring in good faith.
The petition, including all accompanying docu-
ments, shall be declared to be true, correct
and complete, under penalty of perjury, by
the duly authorized officer(s) of the employees'
organization executing it,
' 7. 8 Employee' s Former Organization. Notwithstanding the
fact that an employee hired or merged with the City
organization was formally a member of an employee organi-
zation which represented the employees within the scope
of the-Meyer-Milias Brown Act, each of said employees
1 must comply with the provisions of the rules and regu-
lations as a condition of being recognized as an
employee organization.
' 7. 9 City Response to Recognition Petition. Upon receipt of
t e petition, the Employee Relations Officer shall deter-
mine whether:
a. There has been compliance with the requirements
of the Recognition Petition, and
b. The proposed representation unitisan appro-
priate unit as determined by the Employee Rela-
tions Officer as defined in Section 7 . 14.
If an affirmative determination is made by the Employee
Relations Officer, he shall so informthepetitioning
' employee organization, shall give written notice of
such request for recognition to the employees in the
unit and shall take no action on said request for thirty
(30) days thereafter. If either of the foregoing matters
23 -
0
are not affirmatively determined, the Employee Relations
Officer shall offer to consult thereon with such peti-
tioning employee organization, and, if such determina-
tion thereafter remains unchanged, shall inform that
organization of the reasons therefor in writing. The
petitioning employee organization may appeal such deter-
mination in accordance with Section 7. 17 of these Rules
and Regulations.
' 7. 10 Challenge to Filed Petitions. Within thirty (30) days
o the date written notice was given to affected
employees of a valid recognition petition for an appro-
priate unit has been filed, any other employee organiza-
tion may file a competing request to be formally-acknow-
ledged as the recognized employee organization of the
employees in the same or overlapping unit (one which
' corresponds with respect to some but not all the classi-
fications or portions set forth in the recognition peti-
tion being challenged) , by filing a petition evidencing
proof of employee support in the unit of at least thirty
(30) percent and otherwise in the same form and manner
set forth in Section 7.7. If such challenging petition
seeks establishment of an overlapping unit, the Employee
Relations Officer shall hold a hearing on such over-
lapping petitions at which time all affected employee
organizations shall be heard. Thereafter, the Employee
Relations Officer shall determine the appropriate unit
or units between such overlapping units in accordance
with the criteria set forth in Section 7. 14. The peti-
tioning employee organization shall have fifteen (15)
days from the date notice of such unit determination is
communicated to them by the Employee Relations Officer
to amend their petitions to conform to such determina-
tions or to appeal pursuant to Section 7. 17.
7. 11 Recognition Without Election. If the written proof
submitted by the employee organization is found to be
appropriate and established that it represents more
than fifty percent (50%) of the employees in such unit,
Employee Relations Officer may, in his discretion, grant
formal recognition to such employee organization without
a ballot election.
7. 12 Election Procedure. In the event that recognition is
not granted pursuant to Section 7. 11 above, the Employee
Relations Officer shall arrange for a secret ballot
election to be conducted by a party agreed to by the
Employee Relations Officer and the concerned employee
organization (s) , in accordance with such party's rules
and procedures subject to the provisions of these Rules
and Regulations. All employee organizations who have
duly submitted petitions which have been determined to
be in conformance with these Rules and Regulations shall
' be included on the ballot. The choice of "no organization"
' - 24 -
! 0
shall also be included. Employees entitled to vote
in such election shall be those persons employed in
regular permanent positions within the designated
appropriate unit who were employed during the pay
period immediately prior to the date which ended at
' least fifteen (15) days before the date the election
commences, including those who did not work during such
period because of illness, vacation or authorized leaves
of absence, and who are employed by the City in the
same unit on the date of the election. An employee
organization shall be formally acknowledged as the
Recognized Employee Organization for the designated
appropriate unit following an election or run-off elec-
tion if it received a numerical majority of all valid
votes cast in the election. In an election involving
three or more choices, where none of the choices receives
a majority of the valid votes cast, a run-off election
shall be conducted between the two choices receiving
the largest number of valid votes cast; the rules govern-
ing an initial election being applicable to a run-off
election.
There shall be no more than one valid election under this
section pursuant to any petition in a twelve (12) month
period affecting the same unit. In the event that the
parties are unable to agree on a third party to conduct
an election, the election shall be conducted by the
California State Conciliation Service.
Costs of conducting elections shall be borne in equal
shares by the City and each employee organization appearing
on the ballot.
7. 13 Decertification of Recognized Employee Organization. A
Decertification Petition alleging that the incumbent
Recognized Employee Organization no longer represents a
majority of the employees in the appropriate unit may be
filed with the Employee Relations Officer only during the
months of October or November of each year following the
' first full year of formal recognition. A Decertification
Petition may be filed by two or more employees or their
representative, or an employee organization, and shall
' contain the following information and documentation
declared by the duly authorized signatory under penalty
of perjury to be true, correct and complete:
' a. The name, address and telephone number of the
petitioner and a designated representative auth-
orized to receive notices or requests for further
' information.
b. The name of the established appropriate unit and
' of the formally Recognized Employee Organization
25 -
1
• i
1
sought to be decertified as the representative
of that unit.
1 c. An allegation that the formally Recognized
Employee Organization no longer represents a
majority of the employees in the appropriate
unit, and any other relevent and material facts
relating thereto.
d. Written proof of Employee Support, as herein
defined, that at least thirty (30) percent of
the employees in the established appropriate
unit no longer desire to be represented by the
formally Recognized Employee Organization. Such
proof shall be submitted for confirmation to the
' Employee Relations Officer or to a mutally agreed
upon disinterested third party within the time
limits specified in this Section.
The Decertification Petition may be accompanied
by a Recognition Petition for that established
appropriate unit. Such accompanying Recogni-
tion Petition shall comply with the requirement
of Section 7. 7.
The Employee RelationsOfficer shall determine
whether the Petition h�s been filed in compliance`
with the applicable provisions of these Rules and
Regulations. If his determination is in the nega-
tive, he shall offer to consult thereon with the
representative (s) of such petitioning employees
or employee organization, and, if such determina-
tion thereafter remains unchanged, shall return
such Petition to the employees or employee organi-
zation with a statement of the reasons therefor
in writing. If the determination termination of the Employee
Relations Officer is in the affirmative, he shall
give written notice tolsuch Decertification or
Recognition Petition to the incumbent Recognized,
1 Employee Organization and to unit employees.
The Employee Relationsl, Officer shall thereupon
1 arrange for a secret ballot election to be held
on or about fifteen (1�) working days after such
notice to determine the wishes of unit employees
1 as to the question of decertification, and, if a.
Recognition Petition was duly filed hereunder, the
question of representation. Such election shall
be conducted in conformance with Section 7. 12.
1 There shall be no morelthan one (1) valid decerti-
fication election in the same unit in any twelve
(12) month period.
1 26
7. 14 Appropriate Units. The basicpolicy objective in deter-
mining appropriate units shal be the effect of a pro-
posed unit on (1) the efficient operations of the City
and its compatibility with the primary responsibility
of the City and its employees to effectively and econom-
ically serve the public, and (2) to provide employees
with effective representation based on recognized com-
munity of interest considerations. These policy objec-
tives require that the appropriate unit shall be the
broadest feasible grouping of positions that share an
identifiable community of interest. Factors considered
shall be:
a. Similarity of the general kinds of work performed,
types of qualifications required, and the general
1 working conditions.
b. History of representat on in the City and similar
1 employment; except, however, that no unit shall
be deemed to be an appropriate unit solely on
the basis of the exten to which employees in the
proposed unit have organized.
C, Consistency with the o ganizational patterns of
the City.
rd. Number of employees and classifications, and the
effect on the administration of employer-employee
relations created by the fragmentation of classi-
fications and proliferation of units.
e. Effect on the classification structure and impact
on the stability of the employer-employee rela-
tionship of dividing a single or related classi-
fications among two or more units.
rThe Employee Relations Officer shall, after notice to
and consultation with affected employee organizations,
allocate new classifications or portions, delete elimi-
nated classifications or portions; and retain, reallo-
cate or delete modified classifications or portions from
units in accordance with the provisions of this Section.
7. 15 Modification of Established Appropriate Units, Requests
by employee organizations for modifications of established
1 appropriate units may be considered by the Employee
Relations Officer only during the period specified in
Section 7. 13 above. Such requests shall be submitted
in the form of a Recognition Petiion, and. in addition
1 to the requirements established for a Recognition Petition,
shall contain a complete statement of all relevant facts
and citations in support of the proposed modified unit
in terms of the policies and standards set forth in Sec-
27
tion 7 of these Rules and Regulations. The Employee
Relations Officer shall process such petitions as
I other Recognition Petitions under Section 7. 7, if he
determines modification of an established unit to be
appropriate.
The Employee Relations Officer may on his own motion
propose during the period specified in Section 7.13 that
an established unit be 'modifi d. The Employee Relations
Officer shall give written notice of the proposed modi-
fication (s) to any affected employee organization (s)
and shall hold a meeting concerning the proposed modi-
fication (s) , at which time all affected employee organi-
zations shall be heard. Thereafter the Employee Relations
Officer shall determine the c mposition of the appro-
priate unit or units in, accordance with Section 7. 14 .
and shall give written notice of such determination to
the affected employee organizations. The Employee Rela-
tions Officer's determinations may be appealed as pro-
vided in Section 7. 17. If a unit is modified pursuant
to the motion of the Employee Relations Officer hereunder,
employee organizations may thereafter file Recognition
Petitions seeking to become the Recognized Employee Organi-
zation for such new appropriate unit or units.
7. 16 Cost of Election Proceedings. ) The cost of any election
' proceeding shall be borne by the employee organization (s)
whose name (s) appear on ` the ballot.
7.17 Appeals. An employee organization aggrieved by an appro-
priate unit determination by the Employee Relations
Officer under these Rules and Regulations may, within
ten (10) working days of notice thereof, request through
the City Manager the interven ion of the California State
Conciliation Service pursuant to Civil Code Section
' 3507. 1 and 3507. 3, or may, in lieu thereof or thereafter,
appeal such determination to the City Council for final
decision within fifteen (15) working days of notice of
the Employee Relations Officers determination or the
determination of proceedings conducted by the California
State Conciliation Service, whichever is later. Costs
of the State Conciliation Service intervention, if any,
' shall be at the requesting party's expense.
An employee organization aggrieved by a determination
of the Employee Relations Off cer that a Recognition
Petition, Challenging Petition, or Decertification Peti-
tion, or employees aggrieved by a determination of the
Employee Relations Officer that a Decertification Petition
has not been filed in compliance with applicable provisions
of these Rules and Regulations , may, within fifteen (15)
working days of notice of such determination, appeal the
determination to the City Council for final determination.
- 28 -
0
Appeals to the City Council should be filed in writing
with the City Clerk, and a copy thereof served on the
' Employee Relations Officer. The City Council should
commence to consider the matter within twenty (20)
working days of the filing of this appeal and its deci-
sion shall be final and binding.
7. 18 Currency of Information by Recognized Em loyee Organiza-
tion. All changes in information filed with the City
by--a Recognized Employee Organization in its Recognition
Petition shall be submitted in writing to the Employee
Relations Officer within fourteen (14) working days of
' such change.
Each formally Recognized Emp1 yee Organization may select
up to two (2) employee members of such organization to
attend meet and confer sessio s with the Employee Rela-
tions Officer and/or his desi nees on subjects within
the scope of representation without loss of compensation
on those occasions when such meetings are scheduled
during regular working hours. where exceptional circum-
stances warrant, the City Manager may approve the atten-
dance at such meetings of additional employee representa-
tives.
7. 19 Meet and Confer Process
' 7. 19. 1 Representation of Membersh p. For the purpose of the
meet and confer process, tie Recognized Employee
' Organization shall represent only the members of its
organization.
' 7. 19.2 Proposals. Only a Recognized Employee Organization,
FY_ and through its designated representatives, at any
time subsequent to January 1 and prior to April l of
any calendar year, may submit to the City Manager a
written proposal in such f rm as the Recognized
Employee Organization deem appropriate, indicating
the items and matters it wishes to submit for dis-
t cussion in the meet and confer process. Any Recognized
Employee Organization which does not, within the time
permitted therefor, submit such a written proposal
shall be deemed, for all purposes , to have waived its
right to engage in the meet. and confer process during
that calendar year. However, meet and confer sessions
' will be held at other times than specified herein upon
mutual consent of the representatives of the City and
the Recognized Employee Organization. The City will
give a Recognized Employee Organization the opportunity
to meet with City representatives at other times
regarding the effect of any proposed action of the
City relating to matters within the scope of representa-
- 29 -
tion unless foreclosed by a Memorandum of Under-
standing then in force between the City and the
' Recognized Employee Organization.
7. 19. 3 Proposal -Meeting. At such time as a Recognized
' Employee Organization submits a proposal, the City
Manager shall review the same, and within thirty
(30) calendar days after April 1, he shall establish
a time and place for the commencement of the meet and
confer process. He shall give at least twenty-four
(24) hours ' written notice to the representatives
of such organization of the time and place of such
proposal meeting, which notice shall include an -
agenda containing the items to be discussed at such
meeting. Only matters set forth on such agenda
shall be discussed as a part of such proposal meeting
of the representatives of the City and the employee
organization.
The notice provisions contained herein need not be
observed where a proposal meeting is continued to
another time and place by mutual consent of such re-
presentatives. Additional items may be added to an
agenda upon the written request of either party pro-
vided that such requests are made not less than twenty-
four (24) hours in advance of a scheduled meeting,
and only if such items are the proper subject matter
for such meet and confer process. Except as otherwise
provided herein, attendance at such meeting shall be
' limited to not more than three (3) designated repre-
sentatives of the Recognized Employee Organization
submitting the proposal and three (3) or less representa-
tives of the City.
7. 19. 4 Memorandum of Understanding. At the conclusion of the
' meet and confer process , if agreement is reached, the
representatives of such Recognized Employee Organiza-
tion and the City Manager or his designated represen-
tative shall execute a memorandum of such under-
standing. The memorandum shall be transmitted to the
City Council for its determination.
' 7. 20 Notices., Except as otherwise provided herein, notices
required pursuant to the provisions of this Section
shall be given by United States mail, postage pre-
paid'
re-paid, adressed to the receipient at his last-known
address. In lieu of mailed notices required, personal
delivery of such notices may be made in order to assure
timely receipt thereof. Notice shall be deemed, for all
purposes, to have been given upon physical delivery
thereof, or upon its deposit in the custody of said
postal service.
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2 s The following classes of
7. 1 Designation of Employee g
employees of the City shall be deemed management,
mid-management, elected or confidential employees, as
hereinafter indicated; such employees shall not be
eligible to serve as representatives of any Recognized
Employee Organization other than as members of thein
' own recognized unit for the purpose of the meet and
confer process.
1 Management t
City Attorney
City Councilmember
City Manager
Finance Director
Fire Chief
Personnel Director
Planning Director
Police Chief
Public Works Director
Recreation Director
Mid-Management
Associate Planner
Deputy City Clerk
' Fire Captain
Police Sergeant
Public Works Superintendent
' Recreation Supervisor
Confidential
' Departmental Secretaries
Personnel Clerk
Secretary to City Manager
Senior Account Clerk, Finance Dept.
7.22 Violation. Any officer or employee of the City
who interfers, intimidates, restrains, coerces , or dis-
criminates against any other City officer or employee
with respect to the exercise of such officer' s or
employee' s rights shall be subject to disciplinary
action.
7.23 Administrative Rules. The City Manager is hereby authorized
an directed to prepare and issue, after reasonable con-
sultation with any and all Recognized Employee Organiza-
tions, such supplementary rules as he deems appropriate
' relating to employer-employee relations which are not in
conflict with the express provisions of this Section.
7.24 Employee Activities. No City employee on behalf of an
31 -
employee organization shall engage in any type of activity
relating to an employee organization during such time as
r such employee is on duty, except as expressly provided
in memoranda of understanding or as provided under the
provisions of the Myers-Milias Brown Act; nor shall any-
one use any City supplies , equipment or facilities in
conjunction with any activity for any such employee organi-
zation, except as may be provided in the rules referred
to in Section 7.23 hereof.
SECTION 8.0 LAYOFF
8. 1 Intent of Procedure. For reasons of economy and effi-
ciency, or in the interest or mandate of the public,
reductions or curtailments of City services may be required.
In such an event, it may be necessary to lay off one or
more City employees. The following procedure is intended
to give primary consideration to seniority and job per-
formance whenever the layoff of employees is necessary.
The City's decision to abolish a position is not subject
to the employee' s right of appeal or grievance.
8. 2 Procedures .
8.2. 1 Abolition of a Position. When a position within a
department or division is abolished, all employees
in that department or division in the subject classifi-
cation shall be listed in order of their length of
service with the City. The Department Head shall
choose from among their number the least senior employee
to be laid off for each position to be abolished.
' If in any case length of service should be equal,
the appointing authority may take job performance into
consideration in determining the employee to be laid
off. Employees to be laid off shall be given two (2)
weeks written notice of the action.
' 8. 2.2 Transfer or Demotion to Avoid Layoff. Any employee
who is to be laid off may requests in writing, to be
transferred to a vacant position subject to being
qualified for the position being requested, within
the two (2) week notification period. An employee who
has held regular status in a lower classification
within the same department and/or division may request,
within the two (2) week notification period, demotion
to a vacant position in said lower classification or
' an equivalent class in order to avoid layoff. If the
employee makes such a request, a list of employees
as prescribed in Section 8. 2. 1 of these Rules and
Regulations shall be prepared and subject employee
' shall have his name placed among the other names on
said list according to his total length of service in
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• •
said class and any higher class within that depart-
ment and/or division. Thereafter, the appointing
authority shall choose an employee to be laid off
according to the provisions of Section 8.2. 1 of these
Rules
8. 3 Severance Pay. A regular employee of the City who has
been employed for a minimum of two (2) years and has
been laid off because of the abolition of his position
will be eligible for two (2) weeks of severance pay or
the equivalent for fire personnel. A regular employee
who is similarly laid off and who has worked for the
City a minimum of ten (10) years will be eligible for
three (3) weeks ' salary upon layoff or the equivalent
for fire personnel.
8. 4 Reemployment Lists. The names of all permanent employees
who were Laid of or who were demoted to avoid layoff
shall be placed on a reemployment list for two (2) years.
' Whenever a vacancy occurs in the classes from which
employees were laid off, the qualified employees on the
layoff list will be notified of the vacancy, prior to
announcing an open or promotional recruitment, and shall
be offered the opportunity to apply for the position.
In such an event, the appointing authority shall consider
the former employee (s) from the layoff list prior to
considering other candidates. However, the appointing
authority shall retain the right not to appoint said
1 former employee (s) and may request an examination to
establish a new eligibility list.
SECTION 9.0 1EMPLOYEE BENEFITS
9. 1 Computation of Time Off. In order to resolve the diffi-
culty in equating work periods for firefighter shift
personnel to the work periods of other employees, the
following formula shall be used to compute firefighters
vacation, holiday, sick leave or other equivalent time
off.
Firefighter total available shifts per
year (121. 33) is to general employees '
total work days per year (260) as X is
to the authorized number of general
employees' days off.
9.2 Vacation Accrual. Each full-time regular and probationary
employee shall be entitled to a vacation for each year
of actual full-time employment. Vacation time with pay
shall accrue as follows:
33
POLICE E AND GENERAL EMPLOYEES
O
' Yrs. Svc. Biweekly Hrs. Crdt. Days Crdt.
Hrs. Crdt. Per Yr. Per Yr.
1-3 3.08 80 10
4-5 3. 69 96 12
6-7 4. 31 112 14
8-9 4. 92 128 16
10-11 5.54 144 18
11+ 6.15 160 20
FIREFIGHTERS
Yrs. Svc. Biweekly Hrs. Crdt. Shifts Crdt.
Hrs. Crdt. Per Yr. Per Yr.
1-3 4.61 120 5
4-5 5. 17 134. 40 5.60
6-7 6 .03 156.77 6.53
8-9 6 .89 179. 16 7.59
10-11 7. 75 201.55 8.40
11+ 8.61 223.94 9 . 33
Credit for vacation time increases after completion
of years of service as indicated above and accrues from
the date of hire at bi-weekly rates consistent with the
above schedule.
1 No vacation with pay is allowable to temporary employees.
A temporary employee who is filling a position in which
a person on Military Leave has permanent classification
and the right to return, shall be entitled to vacation
leave as provided elsewhere in this section.
9. 3 Use of Vacation. Vacation leave may be taken as it
accrues. The dates of vacation leave may be selected
by the employee but shall be approved by the Department
Head who shall consider the wishes of the employee and
the needs of the City.
9. 3.1 Holidays Within Vacation Periods. If a holiday falls
' within a scheduled vacation period, equivalent hours
of vacation time shall be granted.
9. 3.2 Maximum Accrual. Vacation time may not exceed two
(2) times the amount of vacation time authorized for
years of service. The employee's anniversary date
shall be used to determine vacation credit and accrual
amounts.
One month before an employee's anniversary date, the
Department Head shall review the number of hours
accrued by the employee. If the amount exceeds the
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a
limits specified above, the unused excess shall be
forfeited unless specific approval otherwise is
' obtained from the City Manager.
9. 3. 3 Vacation Beyond Limits. If an employee has accrued
' vacation time beyond the limits specified above due
to unusual or emergency conditions resulting from.
his employment, the employee shall be paid the
straight hourly equivalent of the vacation in excess
of the limit to a maximum of forty (40) hours for
Miscellaneous or Police employees and 2. 33 shifts for
Fire employees on twenty-four (24) hour shifts.
If any employee has accrued vacation beyond the limit
under any circumstances other than the City' s restric-
tions due to service demands, he or she will forfeit
such time in excess of the limit.
9 . 3. 4 Vacation for Permanent Part-Time Employees, Permanent
part-time employees as defined in Chapter 2 , Personnel
Ordinance, shall also receive holidays, vacations,
sick leave and other similar time off benefits at a
ratio determined by the actual number of hours worked.
9. 3.5 Pay for Vacation Time. Upon request of the Depart-
ment Head and with approval of the City Manager, an
employee may be paid the straight time hourly equiva-
lent of his salary in lieu of vacation time off. Such
payment shall be for no snore than five (5) days in any
one fiscal year for non-management employees and for
no more than ten (10) days in any one fiscal year for
management and mid-management employees.
' 9. 3.6 Pay for Vacation When Terminated. Any Employee who
is terminating his employment, and who has unused
vacation time on record, shall be paid for such vaca-
tion time in his final paycheck. It shall not be
necessary to carry such employee on the payroll for
the vacation period and the vacancy thus created may
be filled at any time after the effective date of
' termination. When termination is caused by death of
the employee, payment shall be made to the employee's
designated beneficiary.
' 9.4 Holidays
9.4.1 Recognized Holidays. The following holidays shall be
' observed with respect to all employees of the City,
except shift employees of the Police and Fire Depart-
ments:
a. New Year's Day January lst
b. Lincoln's Birthday - 2nd Monday in February
c. Washington's Birthday 3rd Monday in February
35 -
' statin the cause of the absence and attesting to
stating e g
the employee's ability or inability to resume work.
' However, whenever an employee is absent due to ill-
ness or injury for more than three (3) work days or
two (2) work shifts, a physician's certificate or
personal affidavit may be required.
9. 5. 3 Deduction. All City employees shall be charged sick
leave at the rate of eight (8) hours sick leave or
the equivalent for fire department shift personnel
for each full day absent Unless exceptions are
approved by the City Manager, absence of less than
a full day will be charged at the rate of one (1)
hour' s sick leave for each hour or portion of an hour
absent,
9.5.4 Penalty for Sick Leave Abuse. When in the judgment of
the appointing authority, the employee's reasons for
being absent because of alleged sickness are inadequate,
1 he shall indicate on the payroll time report that the
absence was without leave and without pay. In addi-
tion, the appointing authority may impose such disci-
plinary action as his discretion seems warranted,
following procedures set forth in these Rules and
Regulations.
' 9.5.5 Sick Leave and\Temporary Disability. An employee who
is entitled to temporary disability indemnity under
the State Labor Code may elect to take as much of
his accumulated sick leave or accumulated vacation
time which shall result in a payment to the employee
of full salary or wages. When accumulated sick leave
or vacation or both are exhausted, the employee is
still entitled to receive disability indemnity.
9. 5. 6 Sick Leave for Dependent Care. A regular employee
may use a maximum of twenty-four (24) hours or two
(2) shafts of sick leave per fiscal year for the care
of relatives who are ill, injured or pregnant and who
are living in the employee's household.
9. 5. 7 Payment for Unused Sick Leave. No payment for accu-
mulated and unused sic ` leave shall be made at the
' time of termination of employee whatever the reason
for such termination, nor shall any such payment be
made upon retirement.
' 9.6 Bereavement Leave. Any employee who is compelled to be
absent from duty by reason of the death or critical ill-
' ness where death appears to be imminent, of either the
members of the immediate family of the employee or the
employee's spouse, may be allowed with the approval of
the Department Head to a maximum of twenty-four (24)
hours or two (2) shifts absence with pay, as to each
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0
such instance of death or critical illness, up to a maxi-
mum of forty (40) hours or three (3) shifts per year.
In instances involving extraordinary circumstances, an
additional forty (40) hours may be granted, upon approval
of the Department Head, with the proviso that such time
will be deducted from accumulated sick leave.
9. 7 Education Reimbursement Program. The purpose of this
' program shall be the reimbursement for tuition and book
expenses to employees attending classes on their own
time which are to the direct benefit of the individual
employee and the City.
9.7. 1 Eligibility. All regular employees shall be eligible
1 for reimbursement under this program. Employees who
have not completed their probationary period may also
be eligible for reimbursement under this program if
the job performance of such employees, as indicated
by the Department Head, appears to show promise of
completing the probationary period.
' In order to be eligible for reimbursement, the
employee must still be employed by the City upon com-
pletion of the course and at the time he applies for
reimbursement.
' All textbooks and materials related to the approved
course are the property of the City.
9. 7. 2 Procedure. The Department Head, subject to approval
of the City Manager, will determine what type of
' courses will be allowed for reimbursement prior to
commitment by the employee. Courses considered by
the Department Heads for reimbursement shall be designed
to directly improve the knowledge of the employee in
' the public service which will improve performance and
enhance advancement opportunities.
1 The Department Head may recommend reimbursement upon
the successful completion of college or professional
conference courses. The employees are limited to a
' maximum payment of one hundred dollars ($100) per
fiscal year per person and the availability of budgeted
monies .
SECTION 10. 0 _ CLASSIFICATION AND COMPENSATION
10. 1 Preparation of Cl ssification Plan. All positions in the
City service shall be grouped into classes. Each class
shall include those positions sufficiently similar in
duties and responsibilities to require similar standards
of education, experience, abilities, and personal traits.
38 -
II
t
i
The Personnel Officer shall be responsible for pre-
paring and maintaining class specifications for all
positions. The specifications shall include, but not
be limited to, a list of typical duties and a state-
ment of the minimum qualifications required for the
position. It shall be understood that all positions
require the ability to read, write, and speak the
English language; to follow written and oral instruc-
tions; and to maintain satisfactory relations with co-
workers and the public.
All class specifications shall describe typical duties
which employees occupying positions in the class may
properly be required to perform. Class specifications
are explanatory, but not restrictive. The listing of
particular tasks shall not preclude the assignment of
others of related kind or character or requiring lesser
skills.
10.2 Administration and Maintenance of Classification Plan.
The City Manager shall be responsible for, but may
delegate, the administration and maintenance of the
1 Classification Plan. The City Manager shall, from time
to time, direct a review of the existing Classification
Plan to insure that it is effectively maintained and
that it reflects any significantchanges in duties and
responsibilities of positions. Such a review may involve
only selected classes or the entire Classification Plan.
Reclassification of a position may be made at anytime.
An employee in a position which is reclassified may be
required to qualify through an examination to retain a
position that is reclassified upward. Downward reclassi-
fications shall not require the incumbent to requalify
for the position.
10. 3 Employee Compensation Plan. An employee compensation
plan shall be established by resolution of the City
Council. This plan shall provide salary schedules, rates,
1 ranges and salary steps. Each class in the City Classi-
fication Plan shall be assigned a salary range or rate
as established in the Employee Compensation Plan.
10. 3. 1 Establishment 'of' Sala Rangesand Steps Within Ranges.
The Employee Compensation Plan shall consist of a
salary range for each class or grouping of classes
in the City's Classification Plan. Each range shall
consist of two steps, Step I and Step II, with a ten
(10) percent difference between the salary of Step I
' and Step II.
10. 3.2 Exceptions . Department Head, City Attorney and City
1 Manager salaries shall normally consist of only one
rate without any step structure.
1 - 39 -
r 0
10. 3. 3 Definition of Steps. Step I shall be the base step
establishing the salary at which a new employee
' shall be hired or establishing the salary for an
employee moving to a higher classification as a
result of a new and higher job classification. An
employee receiving Step T pay is considered qualified
for the job to which hired, but has not yet completed
the requisite probationary period or been recommended
for promotion to Step If because he may not have yet
demonstrated his ability and willingness to satis-
factorily cope with all aspects of his job. An
employee could remain at Step I salary for his classi-
fication and range during his entire period of employ-
ment with the City if the employee has not progressed
to the point of having demonstrated a full knowledge
of his job and shown an ability to apply that knowledge
to his daily work situation.
In any case where by reason of unusual circumstances,
rigid adherence to the foregoing would cause a mani-
fest injustice, the City Council, on recommendation
of the City Manager, may make such order relating
thereto as in its discretion is proper.
The City Manager, upon recommendation of the Department
Head, may make an appointment to a salary higher than
Step I when it is difficult to obtain qualified
personnel at the starting salary or when it appears
that the education, training or previous experience
of a proposed employee are substantially superior to
that required of the class and justifies a beginning
salary in excess of the normal hiring rate.
Step IT shall be the step to which an employee may
be promoted after having successfully completed his
probationary period and after having demonstrated to
the satisfaction of his Department Head that he
possesses full knowledge of all aspects of his fob
and has demonstrated a willingness and ability to meet
alljob requirements. Promotion to Step II shall be
only for continued meritorious and efficient service
and demonstrated job competence,
10. 3.4 Trainee Positions. A Trainee designation may be
utilized for positions which cannot be filled through
application of the criteria established for the Step
I salary range as specified in Section 10. 3. 3 above.
The Trainee designation shall be assigned a salary
range which is at least ten percent (100) less"than
for the Step I range for that position classification.
This designation is created and will be used to allow
hiring of untrained, but otherwise qualified, per-
sonnel for a vacant position which is a part of the
City' s classification plan, but for which normal
40
! •
i
recruitment efforts have not resulted in identifying
a potential employee with the minimum qualifications
' to satisfy Step I requirements. It becomes, in
effect, an on-the-job training position to which
established recruitment, testing and selection pro-
cesses have been applied.
10. 3.5 Administration and Review of Employee Compensation
' Plan. The City Council shall administer the Employee
Compensation Plan for the City Attorney and City
Manager. The Personnel Officer shall administer the
the Employees ' Compensation Plan for all other
employees. Wage rates and salary schedules for all
job classes excluding those of the City Attorney
and City Manager shall be reviewed by the Personnel
Officer at least once each fiscal year. If such
wage and salary review indicates that there should
be wage and salary adjustments , the Personnel officer
shall make appropriate recommendations to the City
Manager.
10. 4 Probationary Period. All original, full-time appoint-
ments shall be subject to a six (6) month probation
period except for sworn police and firefigher personnel
who shall be subject to a one (1) year probation period.
' This probationary period may be extended with the approval
of the City Manager up to six (6) additional months in
individual cases. Appointments will not be permanent
until the successful completion of the probationary
period.
10. 4.1 Object of Probationary Period. The probationary
' period shall be regarded as part of the testing pro-
cess and shall be utilized for closely observing the
employee's work, for securing the most effective
' adjustment of a new employee to his position, and
for rejecting any probationary employee whose per-
formance does not meet acceptable standards.
10.4.2 Probationary Employee Performance Reports. The work
and conduct of probationary employees shall be sub-
ject to close scrutiny and evaluation and, if found
to be below standards satisfactory to the appointing
authority, the employee may be dismissed or demoted
at any time during the probationary period.
10.5 Compensation Permanent Part-Time Employees. Permanent
part-time employees shall be paid the hourly equivalent
of the monthly salary paid to a full-time employee in
' the classification to which they are assigned. They
shall move from Step I to Step II in their range when
they have completed the number of hours equivalent to
full-time employment in each step subject to the same
' _
41 _
1
conditions as prevail for advancement of a full-time
employee.
10.6 Compensation - Temporary Employees. Temporary employees
shall be paid an hourly rate established by the appointing
' authority as appropriate for the work to be performed
and within the budgeted amounts in temporary employee
salaries.
10. 7 Compensation Ion Promotion. Any employee who is pro-
moted to a position in a class with a higher salary
range shall receive a salary which is at least equal to
an advancement to Step TT of his former range in the
basic salary schedule. An employee thus promoted is
therefore assigned to.a new salary anniversary date effec
tive on the date of promotion.
10. 8 Compensation on Demotion. Any employee who is demoted
' to a position in a class with a lower salary range shall
have his salary reduced to the salary step in the range
for the lower class which is:
' If a disciplinary demotion, to any designated salary sten
in the lower range which is at least one step less than
that received in the salary range for the class from:
' which demoted. A new anniversary date shall be established
on the basis of the demotion.
If a non-disciplinary demotion, to that salary in the
dollar amount he would have received in that lower class
if his services had been continuous in said lower class.
He shall retain his current anniversary date.
10.9 Compensation on Reinstatement. An employee who resigned
in good standing may, within two (2) years of such
' resignation and upon recommendation of the appointing
authority, be reinstated in a position in the class in
which he previously had served. Upon such reinstatement,
he shall receive not more than the step in the salary
range he previously received prior to his separation and
his anniversary date shall be based upon the date of
reinstatement.
10. 10 Compensation on Transfer. Any employee who is transferred
from one position to another position in the same class,
or to another position in a class having the same salary
range, shall be compensated at the same step in the
salary range as he previously received and his salary
anniversary date shall not change.
' 10. 11 Compg
ensation on Change in Range Assignment Whenever a
class is reassigned to either a higher or lower salary
' range by the Council, the salary of each incumbent in
' - 42 -
0 0
such class on the date the reassignment is effective
shall be adjusted to the step in the new range that
' corresponds to the step he was receiving in the former
range and he shall retain the same salary anniversary
date.
' 10.12 Compensation on Position Reclassification. The salary
of an employee in a position that is reclassified shall
be determined as follows:
If the position is reclassified to a class with the
same salary range as the previous class and if the in-
cumbent is appointed to the reclassified position, the
salary range and the salary anniversary date of the
employee shall not change. This provision shall also
apply to a change of class title.
If the position is reclassified to a class with a
higher salary range than the previousclass, and if
the incumbent is appointed to the reclassified position,
then the salary of such employee shall be governed by
Section 10.7.
If the position is reclassified to a class with a lower
salary range than the previous class, and if the incum-
bent is appointed to the reclassified position, his
salary shall not change. if his salary is greater than
the maximum step of the lower salary range, his salary
shall be "Y" rated until such time as any general cost-
of-living increase, equity adjustment, or other salary
increase result in a monthly salary appropriate for the
class. The employee' s salary anniversary date shall
not change and he shall not be required to serve a new
probationary period.
10. 13 Compensation When Working Out of Classification. The
City will .pay all non-management personnel, except fire
department personnel, five percent (5%) of the employees'
current base salary for working out of classification
for fifteen (15) or more consecutive work days. Out of
classification work shall mean that the employee is per-
forming a significant part of the duties of a position
in a higher salary range. The acting pay will commence
on the first day of the pay period during which the
employee worked the sixteenth (16th) consecutive work
day. Upon application of the employee, said employee
may work out of classification without additional com-
pensation in order to gain experience in a higher position.
The City will pay "acting pay" to the classes of Fire-
fighter and Fire Engineer working in the acting capacities
of Engineer and Captain upon the completion of seven (7)
' twenty-four (24) hour consecutive shifts. Acting pay
- 43 -
will be at the hourly Step T rate for the position
assumed calculated at the Step T rate.
10.14 Attendance. Employees shall be in attendance at their
assigned work site in accordance with the rules regarding
1 hours of work, holidays and leaves. All departments
shall keep daily attendance records of employees which
shall be reported to the Finance Director in the form
and on the dates he shall specify. Failure on the part
' of an employee, absent without leave, to return to duty
within twenty-four (24) hours after notice to return
shall be cause for immediate discharge, and such employee
automatically waives all rights under the Personnel
Ordinance and rules. The depositing in the United States
mail of a first class letter postage paid, addressed
to the employee' s last known place of address, shall be
reasonable notice.
For the purpose of computing entitlement to leaves of
absence, an employee's continuous service shall be based
on the effective date on which he received initial pro-
bationary appointment in the City service. Such date
shall be the employee' s anniversary date for vacation
and sick leave purposes, subject to the provisions con-
tained herein.
10. 15 Hours of Work. Daily hours of work (or shifts) for
employees within departments shall be assigned by
Department Heads as required to meet the operational
requirements of said department. A scheduled work week
shall consist of forty (40) hours of work. Daily hours
of work shall consist of eight (8) hours of work.
No authorization may be made for an employee to work
less than the scheduled work week without direct propor-
tionate decrease in compensation.
Any foreseeable absence or deviation from regular working
hours desired by an employee shall, in advance, be
cleared through the appropriate Department Head who
shall notify the Personnel Officer, and such absences
shall be', noted on the employee' s time sheet.
' Firefighting shifts shall be based upon 121. 33 shifts
per year', allocated in accordance with shift schedules
' determined by the Fire Chief.
10. 16 Leave f, Absence Without Pay. The City Manager, with
Department Head approval, may grant a regular or proba-
tionary employee leave of absence without pay or seniority
for a per1iod not to exceed three (3) months. .after three
(3) months, the leave of absence may be extended if
authorized by City Council. No such leave shall be
44 -
d. Memorial Day. - Last Monday in May
e. Independence Day - July 4th
f Labor Day 1st Monday in September
g. Veterans Day - November 11th
h. Thanksgiving Day - 4th Thursday in November
' i. Day After Thanksgiving
j . Christmas Day — December 25th
9. 4. 2 Holidays Falling on Saturday or Sunday. When a
holi-day listed in Section 9. 4.1 falls on a Sunday, the
immediately following Monday shall be the day off.
When a holiday so listed falls on a Saturday, the Fri-
day immediately preceeding shall be the day off.
9. 4. 3 Police Department Employees. Shift employees will
be paid one day's salary at straight time in lieu of
a day off for holidays. Actual days off may be granted
in lieu of pay if departmental scheduling permits and
if authorized by the Chief of Police.
1 9. 4. 4 Fire Department Employees. Shift personnel will be
granted five (5) holiday shifts per year as scheduled
by the Fire Chief or paid the straight time hourly
equivalent as authorized by the Fire Chief consis-
tent with the manning requirements of the department.
9. 5 Sick Leave Policy. Sick leave is not a privilege which
the employee may use at his own discretion and shall be
granted only upon recommendation by the Department Head.
Sick leave shall be allowed and used,"+.only in case of
necessity because of actual personal illness or disability,
medical or dental treatment, or in case of an emergency
' illness in the immediate family. Immediate family means
the spouse, parent, child, brother, sister, or close'
relative residing in the household of the employee. Sick
leave will not be granted for illness or injury occurring
during any leave of absence except if such illness or
injury causes the employee to be hospitalized.
' 9. 5.1 Sick Leave. Every full-time, regularandprobationary
employee shall accrue sick leave time at the rate of
eight (8) hours per month, or the equivalent for fire
' department shift personnel. Permanent part-time
employees accrue sick leave at a ratio determined by
the actual number of hours worked. Sick leave may be
accumulated to a maximum of sixty (60) days or the
equivalent for fire department shift personnel.
9.5.2 Evidence of Illness, In order to receive compensation
while absent on sick leave, the employee shall notify
the head of his department during the first day, he is
absent. The employee may be required at any time, by
his Department Head or appointing authority, to file
a physician's certificate or personal affidavit.
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granted except upon written request of the employee,
setting forth the reason for the request, and the
approval will be in writing. Upon expiration of a
regularly approved leave or within a reasonable period
of time after notice to return to duty, the employee
' shall be reinstated in the position held at the time
leave was granted. Failure on the part of an employee
on leave to report promptly at its expriation, or within
a reasonable time after notice to return to duty, shall
be cause for discharge. The depositing in the United
States mail of a first class letter, postage paid,
' addressed to the employee's last known place of add-
ress shall be reasonable notice.
The granting of any leave of absence without pay
exceeding fourteen (14) calendar days shall result in
a new salary anniversary date for the employee. Such
date shall be based on his original salary date plus
' the number of calendar days of his leave in excess of
fourteen (14) calendar days.
10 . 17 Military Leave. Military leave shall be granted in
accordance with the provisions of State law. All employees
entitled to military leave shall give the appointing
authority an opportunity within the limits of military
regulations to determine when such leave shall be taken.
10.18 Overtime. The following subsections define overtime
work as it applies to the different employee groups.
10.18. 1 Fire Department Employees. Shift personnel of the
Fire Department shall receive compensatory time off,
or pay in lieu of such time, at the discretion of
the Fire Chief at the normal (straight) hourly rate
for all hours worked in excess of the hours of work
scheduled within the bi-weekly pay period.
10 . 18.2 Police Department Employees. Shift personnel in the
' Police Department shall receive compensatory time, or
pay in lieu of such time off, at the discretion of the
Police Chief at the normal (straight) hourly rate
for all hours worked in excess of the hours of work
' scheduled within the bi-weekly pay period.
10.18. 3 Miscellaneous Employees. Employees other than shift
personnel in the Police and Fire Departments, excluding
Management employees , shall receive compensatory time
off, or pay in lieu of time off, at the discretion
' of the Department Head at the normal (straight) hourly
rate for all hours in excess of the hours of work
scheduled within the bi-weekly pay period.
' 10.18. 4 Limitation on Compensatory Time Off. Compensatory
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1
time off may accumulate to a maximum of twenty-four
(24) hours.
10 . 19 Work on Holidays - Compensation. Any employee other
than Police and Fire Department employees who work on
a shift basis, whose regular schedule requires him to
work on a holiday, shall be given compensatory time off
for such work or paid the straight time hourly equiva-
lent to his salary at the discretion of the Department
Head.
10. 20 Jury Duty. Every employee of the City who is called
' or required to serve as a trial juror shall be entitled
to be absent from duties with the City during the period
of such service or while necessarily being present in
court as a result of such call. No deductions shall
be made from the salary of an employee while on jury
duty if he has waived or remitted to the City the fee
for jury duty. Tf he has not so waived, or remitted
the jury fee, he shall be paid only for the time actually
worked in his regular position. An employee accepted
for jury duty shall immediately notify his Department
Head in writing whether or not he waives or remits jury
fee to the City.
10 .21 Special Salary Adjustments. A Department Head may
recommend to raise an employee to a higher range than
his base range in recognition of meritorious service,
advanced education beyond the requirements of the posi-
tion he holds and other extraordinary attributes related
to his public service. Such increased compensation
is subject to the approval of the City Manager and the
' availability of budgeted monies. Such Floating Range
Adjustments remain in effect for one (1) fiscal year
and may be renewed by approval of the City Manager.
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