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Resolution Number 93-3-3-3' RESOLUTION NO. 93-3-3-3 AMENDING THE PERSONNEL RULES AND REGULATIONS TTMTT.1T2R'T. TMPT.1eM1tMTaTTnw nv rprum i XWn QAMnT1rT1 A RESOLUTION OF THE CITY COUNCIL AMENDING THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RESOLUTION NO. 92-3-17-2 PROVIDING FOR REVISIONS TO THE PERSONNEL RULES AND REGULATIONS PERTAINING TO UNILATERAL IMPLEMENTATION OF TERMS AND CONDIITIONS OF EMPLOYMENT (FISCAL YEAR 1992- 93/CLASSIFIED EMPLOYEES) WHEREAS, the City Council of the City of San Juan Capistrano is authorized and directed under Article 4, Chapter 5, Title 2 of the Municipal Code to adopt and amend Personnel Rules and Regulations in order to administer the Personnel Management System established in said Article; and, WHEREAS, certain amendments are required to be made to the City's Personnel Rules and Regulations in order to continue to provide for a Personnel Management System that is fair and consistent with Federal and State laws; and, WHEREAS, the City and the San Juan Capistrano Employees ' Association have met and conferred in good faith and have reached mutual understanding and agreement as to certain changes in the Personnel Rules and Regulations which would be beneficial; and, WHEREAS, Article 4 provides that adoption or amendment of the City's Personnel Rules and Regulations shall be made by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby amend the Personnel Rules and Regulations of the City of San Juan Capistrano put into effect by Resolution No. 92-3-17-2 as follows: 1. SICK LEAVE Section 7.09 of the San Juan Capistrano Personnel Rules is hereby revised to clarify when sick leave may be taken in time of personal necessity. The revised language is found in Exhibit A. The Personnel Rules will be amended to include this revised language. 2. BEREAVEMENT LEAVE Section 7.20 of the San Juan Capistrano Personnel Rules is hereby revised to clarify when bereavement leave may be taken ' for individuals other than members of the employee's immediate family. The revised language is found in Exhibit B. The Personnel Rules will be amended to include this revised language. -1- 220 3. EMERGENCY STANDBY PAY Section 6.22 of the San Juan Capistrano Personnel Rules is hereby revised to,provide for the payment of Emergency Stand By Pay in the form of cash or compensatory time. This revised language is found in Exhibit C. The Personnel Rules will be amended to include this revised language. 4. SPECIAL ASSIGNMENT PAY- SWEEPER OPERATOR Section 6.12 of the Personnel Rules is hereby revised to provide for the payment of a 5% pay differential to any Maintenance Worker or Lead Maintenance Worker performing sweeping duties. This revised language is found in Exhibit D. The Personnel Rules will be amended to include this revised language. PASSED, APPROVED AND ADOPTED this 2nd day of 1993. ,r.IL:JONES, MAYOR ATTEST: M. V111 MEANS i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) so CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 93-3-2-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of March , 1993, by the following vote: AYES: Council Members Nash, Hausdorfer, Campbell Vasquez and ilayor Jones NOES: None ABSTAIN: None ABSENT: None _CT. =AL) Y5r.: CHERYL JOHNSON, YITY CLERK W= 2 21 Exhibit A Sick Leave Section 7.09 of the Personnel Rules and Regulations is hereby revised to read: When Sick Leave May Be Taken Sick leave may not be used until it is earned and shall be taken only in case of actual and necessary sickness or disability of the employee. Eligible employees may utilize a maximum of ninety-six (96) hours of accumulated sick leave with pay in the event of 1) the employee's presence is required elsewhere because of family medical and dental appointments, serious illness, iniury. disability or death of a member of the employee's immediate family; 2) official order to appear in court as a litigant or as a witness; and 3) personal necessity as defined and limited below. Personal necessity is considered to be: Sick leave shall not be used in lieu of or in addition to vacation for the intent of extending vacation. When an employee is compelled to be absent from employment by reason of injury arising from and in the course of City employment as determined by the workers compensation law, the employee may elect to apply accrued sick leave, if any, in such amount that when added to workers compensation benefits equals the employee's gross salary. Earned vacation time and compensatory time off may bei%utilized in a similar manner. Bereavement Leave Exhibit B Section 7.20 of the Personnel Rules and Regulations is hereby revised to read: An employee shall be granted a leave without loss of pay in case of death of a member of the employee's immediate family. Such leave is designated as bereavement leave. Up to three days leave without loss of pay shall be granted in the event the deceased resided in the State of California. If out of state travel is required, up to five days leave without loss of pay shall be granted. Immediate family as used in this section is defined as A. Any other relative by blood or marriage who is a member of the employee's household. (Employees may be required to submit proof that the deceased relative was a member of the employee's household prior to the time of death.) B. Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and/or matters of estate. In addition, bereavement leave may be granted on a case by case basis under other circumstances at the discretion of the City Manager when it is in the best interest of the City to do so. Time off beyond these parameters shall be charged to any type of available leave. Temporary and other part-time employees shall not be eligible for bereavement leave. ' Exhibit C Emergency Stand By Pay Section 6.22 of the Personnel Rules and Regulations of the City of San Juan Capistrano is hereby revised to read: Emergency Standby/Call Out Employees assigned to stand by status by their Department Head or his/her designee during "off hours" shall receive two hours of regular pay for every day on standby by and shall be paid 1-1/2 times regular pay for call outs, with a two hour minimum. While on stand by status the employee shall: 1) monitor the "beeper," 2) remain in the local area, 3) respond to any and all call outs within 15 minutes. Employees not on stand by status when called out for emergency ' shall be paid 1-1/2 times regular pay for call outs, with a three hour minimum. Call out time shall be reported and compensated on the basis of the nearest half hour. 1 Special Assignment Pay- Sweeper Operator Exhibit D Section 6.12 of the Personnel Rules and Regulations is hereby amended as follows: Special Assignment Pay- Sweeper Operator The Maintenance Worker assigned to operate the street sweeper shall be eligible for a 5 percent special assignment pay for the duration of the assignment. The Director of Public Lands and Facilities shall notify the Personnel Office when the assignment begins or ends. Compensation shall be initiated or deleted by a Personnel Action.Form. In the event the regularly designated Sweeper Operator is unavailable to perform sweeper operator duties, any Maintenance Worker or Lead Maintenance worker temporarily filling in in this assignment shall be eligible for this 5% special assignment pay for the duration of time spent operating the sweeper. Time spent in this capacity shall be noted on the individual's time sheet and approved by the Department Head.