Resolution Number 92-3-17-2RESOLUTION NO. 92-3-17-2
ADOPTING NEW PERSONNEL RULES AND REGULATIONS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REPEALING RESOLUTION NO.
88-9-6-5 AND ALL AMENDMENTS THERETO AND ADOPTING IN
PLACE THEREOF NEW PERSONNEL RULES AND REGULATIONS
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 Memoranda of Understanding between the City and the San
Juan Capistrano City Employees Association since August 2, 1988, and the Memoranda of
Understanding between the City and the Management Employees Association since July
25, 1988, declare that the City and the Association, after meeting and conferring in good
faith, have reached mutual understanding and agreement as to the amendments set forth
in the Personnel Rules and Regulations; 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 repeal Resolution No. 88-9-6-5, and all amendments
thereto, and in place thereof, does hereby adopt the Personnel Rules and Regulations
attached hereto by reference as Exhibit A.
PASSED, APPROVED, AND ADOPTED this 17th day
of March , 1992.
Zg S, MAYOR
ATTEST:
-I-
Mac
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 92-3-17-2 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 17th day
Of March , 1992, by the following vote:
AYES: Councilmen Friess, Hausdorfer, Harris, Vasauez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) �// [L���-"�`'�dd`Lv�
CHERYL JOHNSCW, CITY CLERK
-2-
Exhibit A +�
3/92
PERSONNEL RULES AND REGULATIONS
CITY OF SAN JUAN CAPISTRANO
RULE I ADMUGSTRATION OF PERSONNEL RULES AND REGULATIONS PAGE
Section 1.01 Personnel Officer 1
1.02 Personnel Records 1
1.03 Protection of Right to Privacy 2
RULE 2 DEFINITIONS 2-6
RULE 3 DEPARTMENT RULES 6
RULE 4
AFFIRMATIVE ACTION POLICY
6
RULE 5
CLASSIFICATION PLAN
7
Section
5.01
Nature and Contents of Plan
7
5.02
Amendment of Classification Plan
7
RULE 6
SALARY ADMINISTRATION
3
Section
6.01
Preparation of the Pay Plan
8
6.02
Pay Plan Structure
8
6.03
Entrance Rates on Initial Employment
3
6.04
Pay for Temporary and Part -Time Work
9
6.05
Pay for Probationary Employees
9
6.06
Pay Increases
9
6.07
Pay Adjustment Upon Promotion
10
6.08
Pay Adjustment Upon Demotion
10
6.09
Pay Adjustment Re-employment
10
6.10
Special Merit Pay
10
6.11
Management and Executive Incentive Pay
10
6.12
Special Assignment Pay - Street Sweeper Operator
10
6.13
Bilingual Pay
11
6.14
Acting Status
11
6.15
Classified Employee Performance Pay Plan
11
6.16
Payroll Deductions
11
6.17
Work Day and Work Week
11
6.18
Flex Tlme
11
6.19
Management Flex Time
12
6.20
Overtime
12
6.21
Management Overtime
12
6.22
Emergency Stand By/Call Out
12
6.23
Work on a Holiday
13
RULE 7
EMPLOYEE BENEFITS
13
Section
7.01
Vacation Accrual and Use
13
7.02
Vacation Usage
14
7.03
Vacation Benefits for Terminating Employees
14
7.04
Holidays Occurring During Vacation
14
7.05
Holidays
14
7.06
Floating Holiday
15
7.07
Sick Leave
15
7.08
Sick Leave Allowance
15
7.09
When Sick Leave May Be Taken
15
7.10
Notification of Illness by Employee
16
7.11
Return From Sick Leave
16
7.12
Sick Leave Payout Prior to Separation of
Employment
16
7.13
Sick Leave Compensation Upon Termination of
Employment
16
OTHER LEAVES OF ABSENCE
16
Section 7.20
Bereavement
16
17
7.21
Jury Duty Leave
7.22
Maternity Leave
17
7.23
Family Care Leave
17
7.24
Military Leave
17
7.25
Leave of Absence Without Pay
I8
7.26
Administrative Leave
18
7.27
On the Job Injury Leave
18
7.28
Compensation for Job Connected Illness or Injury
18'
7.29
Non -Work Related Disability Leave
18
7.30
Unauthorized Absence
19
OTHER BENEFITS
19
7.31
Medical, Life and Dental Insurance
19
7.32
COBRA
19
7.33
Retiree Health Benefit Plan
19
7.34
Retiring Employee Recognition Program
19
7.40
Retirement Plan
19
7.50
Long Term Disability Insurance
19
7.60
Deferred Compensation Program
20
7.70
Credit Union
20
7.80
Educational Reimbursement
20
7.81
Workboot Reimbursement
20
7.90
Physical Examination/Optional Benefit
20
7.91
Wellness Program
21
7.92
Mileage Reimbursement
21
7.93
Auto Allowance
21
7.94
Lunch and Break Periods
21
RULE E
EMPLOYMENT PRACTICES
21
Section 8.01
Fair Employment Practice
21
8.02
Non -Discrimination Policy
21
8.03
HIrIng Relatives
21
8.04
Hiring the Handicapped
22
8.05
Requisition and Sources of Recruitment
22
'
8.06
Provisional Appointment
22
8.07
Job Announcements
22
8.08
Application Forms
23
8.09
Rejection of Application
23
8.20
Examinations
23
8.21
Promotional Examinations
23
8.22
Open Examination
23
8.23
Conduct of Examination
23
8.24
Notification of Results
23
8.30
Eligibility List
24
8.31
Appointment From Eligibility List
24
8.32
Re -Employment and Reinstatement
24
8.40
Selection
25
8.41
Physical Examination
25
8.42
Background Investigation
25
8.43
Orientation
25
8.44
Outside Employment
25
RULE 9
PROBATIONARY PERIOD
25
Section
9.01
Regular Appointment Following Probationary Period
26
9.02
Rejection of Probationary Employee
26
9.03
Performance Evaluations During Probationary Period
26
RULE 10
CHANGES OF EMPLOYEE STATUS
26
Section
10.01
Promotion
26
10.02
Promotion Tn-House
27
10.03
Requirement for Promotional Candidates
27
10.04
Rejection Following Promotion
27
10.10
Transfers
27
10.11
Conditions for Transfer
27
10.12
Employee Requested Transfers
27
10.13
Employer Initiated Transfers
27
10.20
Voluntary Demotion
27
10.30
Conditions of Tay -Off
28
10.31
Notice of Lay-off
28
10.32
Order of Lay-off
28
10.33
Lay-off Procedure
28
10.34
Re-employment List
28
10.40
Termination - Resignation
28
10.41
Exit Interviews
29
10.30
Performance Evaluation
29
10.51
Timing of Performance Evaluation
29
94
RULE 11
DISCIPLINARY ACTION
29
Section
11.01 Application
29
11.02 Types of Disciplinary Action
30
11.03 Causes of Disciplinary Action
30
11.04 Disciplinary Procedures
31
11.05 Notification of Decision
31
11.06 Appeal of Decision
31
11.07 Temporary Absence With Pay
32
RULE 12
GRIEVANCE PROCEDURE
32
Section
12.01 Matters Subject to Grievance Procedures
32
12.02 Notification of Grievance
32
12.03 Steps in the Grievance Procedure
32
12.04 Appeal to Decision
33
12.05 Advisory Arbitration
33
12.06 City Manager
34
12.07 Extension of Time
34
RULE 13
SAFETY
34
RULE 14
SEXUAL HARASSMENT POLICY
34
RULE 15
ATTENDANCE AND ABSENTEEISM
35
RULE 1 ADMINISTRATION OF PERSONNEL RULES AND REGULATIONS
This manual contains statements of personnel rules and regulations. It is
designed to provide the guidelines and procedures regarding personnel issues in
the administration of the City of San Juan Capistrano personnel system.
These written rules and regulations should increase understanding, eliminate the
need for personal decisions on matters of City-wide policy and help assure
uniformity throughout the organization.
The rules and regulations encompassed in this manual are established for all
employees as defined in Article 4, Section 2-5 of the San Juan Capistrano
Municipal Code.
By departmental executive order, department heads shall have the authority to
develop and adopt additional rules affecting their departments as necessary.
Such departmental rules shall be supplementary to these rules, shall be consis-
tent herewith and shall in every case be approved in writing by the City
manager prior to implementation.
Section 1.01 Personnel Officer
The City Manager shall act as Personnel Officer and shall administer the provisions
of these rules. The City Manager may delegate the day-to-day administrative
responsibilities of the Personnel Officer to any other officer or employee
he/she should so designate.
The Personnel Officer as provided in the Municipal Code shall interpret and
apply these rules and may prepare amendments as required.
The Personnel Officer is authorized to establish administrative policies for the
purpose of delineating day-to-day operating procedures with respect to general
City administration.
Section 1.02 Personnel Records
The Personnel Office maintains a personnel file for each employee. This
includes salary history, promotion, evaluations, leaves of absence, address and
other information concerning an employee's status.
The CIty relies on the employee and the supervisors for information on changes
In address, marital status or number of dependents. Any changes must be
reported by the employee or the supervisor within 30 days to the Personnel
Office so that records remain current.
Every appointment, transfer, promotion, demotion, change in salary rate and/or
any other temporary or permanent change in status of employee shall be
approved by the Personnel Officer in the manner prescribed.
Any employee has the right to inspect the personnel file designated for that
employee. If the file contains information that the employee does not agree
with, the employee may prepare a separate written response and request that
Page I
Section 1.03
RULE 2
Page 2
the Personnel Officer place the response in the file.
The personnel record of any person employed by the City should be kept for a
period consistent with State and federal guidelines.
Protection of Right to Privacy
A. Access by City Employees. Department head shall have access to
specific information in an individual's personnel record, which is
necessary to the performance of their assigned City duties. In the event
that an employee applies for a position outside the present department,
the prospective department head shall have access to that employee's
file.
B. Access by Public. The following employment information shall be
released to members of the public upon request: the individual's name,
date of hire, and current position title and confirmation of employee's
rate of pay.
C. Access Required by Subpoena and Other Laws. Personnel information
must be released pursuant to a subpoena or in other circumstances where
the City is required by law to release the information. Any questions
concerning release of information under such circumstances or
concerning records which may be subject to legal privilege shall be
directed to the Personnel Officer.
DEFINITIONS
A. General Definition
All words and terms used in these rules and in any resolution or
ordinance dealing with personnel policies, systems, or procedures shall be
defined as they are normally and generally defined in the field of
personnel administration.
B. Specific Definition
1. Affirmative Action - Activities used to assure current decisions and
practices enhance the employment, upgrading and retention of members
of protected groups. Such actions go beyond refraining from practices
that discriminate.
2. Allocation - The assignment of a position to an appropriate class in
accordance with its duties and responsibilities.
3. Appointing Authority - The City Manager pursuant to Ordinance No.
474. The City Manager may delegate appointing authority to the
Assistant City Manager or department heads subject to review.
4. Classification - A group of positions having duties and responsibilities
sufficiently similar so that the same requirements as to education,
experience, knowledge, and ability may be demanded of incumbents and
so that the same schedule of compensation may be made to apply with
equity to all.
5. Compensation - The salary, wage, allowance, and all other forms of
valuable consideration earned by or paid to any employee by reason of
service in any position, but does not include expenses authorized and
incurred incidental to employment.
6. Confidential Employee - Employees designated as such by resolution of
the City Council, who in the course of assigned duties have access to
information relating to the City's administration of employer-employee
relations or who assists a department head in the processing of
confidential materials relating to the performance of employees within a
department. Employees currently designated as confidential employees
by the City Manager are those employees currently filling positions
allocated to the following classifications:
ADMINISTRATIVE SECRETARY I
ADMINISTRATIVE SECRETARY II
ASSISTANT SUPERINTENDENT
BUILDING AND SAFETY MANAGER
CITY ENGINEER
COMMUNITY SERVICES SUPERVISOR
LAND USE MANAGER
ALL PERSONNEL IN ADMINISTRATIVE SERVICES DEPARTMENT
TO INCLUDE CITY CLERK PERSONNEL
ALL PERSONNEL IN THE CITY MANAGER'S OFFICE
7. Demotion - The appointment of an employee to a classification having a
lower maximum salary range either as a result of disciplinary action or
at the request of the employee.
8. Department Head - The head of an established department, having
supervision of such department.
9. Dismissal - Discharge of an employee for a valid reason. Disciplinary
action involuntarily separating employee from employment with the
CIty.
10. EliltibIllty List - A list of qualified individuals who have achieved
NW
rank or score in an examination for employment, re-
employment, reinstatement, promotion or transfer.
11. Executive Employee - Employees designated as such by resolution of the
City Council Including employees currently filling the positions allocated
to the following classifications which are exempt from the disciplinary
provisions of the Personnel Rules and Regulations:
ASSISTANT CITY MANAGER
CITY ATTORNEY
CITY MANAGER
DIRECTOR OF ADMINISTRATIVE SERVICES
DIRECTOR OF PLANNING
DIRECTOR OF COMMUNITY SERVICES
Page 3
oMb
Page 4
DIRECTOR OF ENGINEERING do BUILDING
DIRECTOR OF PUBLIC LANDS do FACILITIES
12. Immediate Family - The employee's spouse, child, foster child,
grandchild, stepparent, legal guardian, stepchild, parent, brother, sister,
grandparent, mother-in-law and father-in-law. Or any relative living in
the immediate household of the employee.
13. Layoff - Separation of an employee from employment with the City in
the event, in the judgment of the City Manager, as recommended by the
City Council, it becomes necessary to abolish services provided by the
City because of the economy or efficiency and as further defined in
these rules as to procedure.
14. Management - Employees designated as such by resolution of the City
Council including, but not necessarily limited to the employees currently
filling positions allocated to following classifications:
ACCOUNTING OFFICER COMMUNITY DEVELOPMENT MGR.
ASST. TO THE CITY MANAGER COUNCIL SERVICES MGR.
ASST. SUPERINTENDENT LAND USE MANAGER
BUILDING do SAFETY MGR. MANAGEMENT ASSISTANT I
CITY CLERK MANAGEMENT ASSISTANT II
CITY ENGINEER PLANNING MANAGER
COMM. SERV. SUPERVISOR SR. MANAGEMENT ASST.
Additionally, any employee having significant responsibility for
formulating and administering City policies and programs and having
authority to effectively recommend the hiring, transfer, suspension,
layoff, promotion, discharge, or assign, reward or discipline another
employee, or having the responsibility to direct them or to adjust their
grievance, providing that the exercise of such authority is not merely of
a routine or clerical nature, but requires the use of independent
judgment in cooperation with adopted City policies and procedures, may
be considered a "Management" employee should the City Manager
recommend and the City Council so approve by resolution.
15. Ooen Examination - Any recruitment and selection process which invites
qualified applicants from the public at large as well as City employees.
16. Performance Evaluation - Periodic progress reports on all employees
indicating strengths and weaknesses and plans for employee
development.
17. Permanent Part -Time Wee ee - An employee who regularly works less
than thirty-five 3 hours per week. Employees who work only
sporadically and are not considered or designated as a continuing
personnel resource of the City shall be considered temporary only.
Permanent part-time employees may be eligible for designated benefits
as set forth in these rules.
18. Probationary Employee - A permanent full-time or permanent parttime
employee who has not completed a probationary period of employment
with the City.
19. Probationary Period - A working test period of no less than six months
and no more than 12 months during which an employee is required to
demonstrate the ability to perform the duties of the position to which
assigned.
20. Promotion - The appointment of an employee to a classification with a
higher maximum salary.
21. Promotion - only classes - Classes established by the Personnel Officer
to which promotions can only be made from within the organization.
22. Promotional Examination - Any recruitment and selection process which
invites only qualified full-time or part-time employees as applicants.
23. Provisional Appointment - The temporary appointment of a regular
employee to a higher or equal class who meets the minimum
qualifications of the class to which temporarily assigned.
24. Reclassification - A change in the allocation of a position by raising it to
a higher class, lowering it, or moving it to another class on the same
level.
25. Re-employment - The appointment of an employee who was laid off
within the preceding twelve months to a position in the same
classification as the former position.
26. Regular Employee - A full-time employee in a permanent position who
has successfully completed a probationary period of employment with
the City.
27. Reinstatement -.The appointment of a probationary or regular employee
within twelve months after resigning in good standing to a position in a
comparable class.
28. Rejection - The termination of an employee from a position during a
probationary period.
29. Resignation - The voluntary separation of an employee from employment
with the CIty.
30. Rules and Regulations - The Municipal Code Section 2-5.401 (Personnel
System , these Personnel Rules and Regulations, and other rules, policies
or procedures that may be set forth In the City Administrative Manual or
Departmental rules and regulations.
31. Suspension - A disciplinary action by the appointing authority to prevent
an employee from working normal hours, thereby exempting the
employee from compensation for those hours.
32. Temporary Employee - An employee who Is hired for a specific purpose
to perform duties for a period of time not to exceed the equivalent of
five months of continuous full-time employment in -any fiscal year.
Page 5
33. Trainee - An individual appointed to a full time position who possesses
less than the desired qualification for a position. An individual appointed
as a "trainee" may serve in this capacity for a period of time not to
exceed twelve months, and will be compensated at an hourly rate
equivalent to 90% of an approved salary step within the salary range for
the position.
34. Termination - The act of separation from employment for any reason
other than retirement or resignation.
35. Transfer - The reassignment of an employee from one classification to
another classification which has the same maximum salary and requires
substantially the same qualifications.
36. Work Period - Period of timing consisting of seven (7) consecutive
24-hrs, commencing at 12:00 o'clock midnight Thursday and ending at
12:00 o'clock midnight the following Wednesday.
37. Y -Rated Position - A position which is paid above the maximum of the
salary range resulting in the incumbent's salary being frozen until
adjustments to the salary range cause the incumbent's salary to fall
within the range.
RULE 3 DEPARTMENT RULES
Department heads shall have the authority to develop and to adopt by
departmental executive order such additional personnel rules affecting their
departments as shall be felt necessary. Such departmental rules shall be
supplementary to these rules, shall be consistent herewith, and shall in every
case be approved in writing by the City Manager prior to being put into effect.
RULE 4 AFFIRMATIVE ACTION POLICY
Page 6
It is the policy of the City of San Juan Capistrano to take affirmative action to
assure equal opportunity for all qualified employees and job applicants without
regard to race, creed, color, sex, age, national origin, religion, physical or
mental handicap, veterans' status, pregnancy, child birth or related condition.
Positive action will be taken to assure the fulfillment of this policy within the
following:
• Recruiting
• Hiring
• Promotions
• Upgrading
• Layoffs
• Compensation
• Benefits
• TerminatIon
• All other terms and conditions of employment
Responsibility for monitoring compliance and implementing the City of San
Juan Capistrano policy on Affirmative Action is assigned to the Personnel
Officer.
RULE 5 CLASSIFICATION PLAN
Position classification is the system whereby positions are classified according
to their duties and responsibilities. Positions that are similar in type of work,
level of difficulty and level of responsibility are grouped together in a class.
All positions in a particular class are treated alike in such matters as salary,
examinations and qualifications.
Each position is allocated to a specific classification which is carefully
described in a class specification. A class specification shall be prepared for
each classification.
The Personnel Officer shall administer and maintain the Classification Plan as
approved by the City Council.
Section 5.01 Nature and Contents of Plan
The Classification Plan shall consist of classes of positions defined by class
specifications, including title, class summary, examples of duties assigned to
positions in each class, and qualifications required of applicants for positions in
each class.
Following the adoption of the Classification Plan, the Personnel Officer shall
administer an annual review of the plan to assure an adequate reflection of the
City work force. The review may involve only selected classes or the entire
Classification Plan. Subject to approval by the City Council, the Personnel
Officer shall recommend the allocation of every position to a class included in
the plan.
Section 5,02 Amendment of Classification Plan
Whenever one or more new positions are under consideration for possible
establishment, or whenever because of any revision in organization methods, a
significant change of the duties or responsibilities of any existing position is
made which may require the reallocation of such position, or whenever a new
class is created to which any position may more appropriately be allocated, or
whenever because of the abolishment or combination of any existing positions,
or classes, an amendment of the classification plan is required, one or a
combination of the procedures stipulated in the following shall be observed:
a. The appointing authority shall forthwith report any significant facts
relating to such possible changes in writing to the Personnel Officer in
the manner prescribed.
b. The Personnel Officer upon written request of any employee, or upon the
Personnel Officer's initiative, after consultation with the head of the
department concerned, may undertake an inquiry of the classification of
any person.
Page 7
C. Upon either of the above initiations, the Personnel Officer shall study
the assigned duties and responsibilities of any such position and the
qualifications required for filling the same, and the relationships of such
positions to other classes of positions in the classification plan. The
Personnel Officer shall make an honest attempt to complete this study in
a timely manner.
d. On the basis of such investigation the Personnel Officer shall then make
determinations for no change in allocation of the position, or allocation
of the position to a more appropriate class in the existing classification
or the establishment of the new class to which the position would be
allocated, whichever is the appropriate action.
e. The Personnel Officer shall recommend to the Council any change in the
existing classes and class specifications deemed appropriate.
RULE 6 SALARY ADMINISTRATION
Section 6.01 Preparation of the Pay Plan
The Personnel Of
shall prepare a pay plan covering all classifications,
showing the minimum and maximum rates of pay. In arriving at such salary
ranges, consideration shall be given to:
a. prevailing rates of pay for comparable work in other public
organizations through benchmark surveys;
b. internal alignments
C. current cost of living;
d. recommendations of City Council and department heads; and
e. the City's financial condition and policies.
Section 6.02 Pay Plan Structure
The basic pay range of all classifications shall consist of a Basic
Compensation Schedule of hourly, bi-weekly and monthly rates. There
shall be a 5 percentage difference between each step in a 5 step
range.
Section 6.03 Entrance Rates on Initial Employment
For permanent, full-time employees, the lowest rate of pay
designated for a class shall normally be offered for recruitment
purposes and shall normally be paid upon appointment to the class.
Upon recommendation of the department head, as a result of market
conditions such as a shortage of qualified candidates or should a
candidate possess exceptional qualifications or experience, a new
employee may be assigned to a rate other than the minimum rate.
The assignment shall be approved by the Personnel Officer who will
determine whether such action is in the best interest of the City.
Appointment at other than the minimum shall in no manner affect the
length of the probationary period.
Page 8
a. Exception for Trainees:
In the event no candidates are available for selection who possess the
minimum qualifications for a position, a Trainee may be hired to fill the
vacancy on a temporary basis. The selection of a Trainee shall be at the
discretion of the Personnel Officer. Time served by an individual as a
Trainee shall not count toward the probationary period, nor shall the
individual be eligible for City fringe benefits, rights or privileges. The
trainee shall be compensated at an hourly rate equivalent to 90% of an
approved salary step within the salary range for the position.
Section 6.04 Pay for Temporary and Part -Time Work
The hourly amount paid employees designated as part-time or
temporary shall bear direct relationship to the full-time rate for the
classification to which assigned.
In the case of Recreation Aides, Recreation Leaders, and Interns, the
hourly amount paid employees designated as such shall be based on the
market place.
Employees designated as "permanent part-time" shall be eligible for
pay step increases in a manner similar to regular full-time employees
based on equivalent numbers of hours worked and given satisfactory
performance. Temporary employees shall not be eligible for pay step
increases.
Section 6.05 Pay for Probationary Employees
Fro -bat
A obationary employee shall be eligible to be considered for a one
step (5%) pay adjustment, contingent upon completion of the
probationary period which indicates achievement of "regular
employee" status. The adjustment may be made anytime after one
year of service for management employees and any time after six
months to twelve months of service for classified employees only
when recommended by the department head (through the performance
appraisal process) and approved by the Personnel Officer.
Section 6.06 Payincreases
On each anniversary date an employee shall be eligible for a one step
(5%) adjustment until the maximum pay rate of the assigned class is
reached. The adjustment shall be implemented upon recommendation
by the department head and approval by the Personnel Officer. Pay
adjustments delayed because of unsatisfactory performance, but
granted after the anniversary date, shall affect the anniversary date
and date the next pay increase will be considered.
a. Determining the Anniversary Date:
The date of the first step increase in a classification, unless or
until another probationary period is served in another class,
shall be used to determine the employee's anniversary date.
The aforementioned date shall be moved up to either the 1st of
the month or 15th of the month depending upon where it occurs
within the month. For example, if the date occurs between the
first and the 14th, the anniversary date shall become the first
of that month, and if the date occurs between the 15th and
31st, the anniversary date shall become the 15th of that month.
Page 9
94""
Section 6.07 Pay Adjustment Upon Promotion
Upon promotion, an employee is entitled to advance to the step of the new
range that is at least 5% higher than the previously assigned rate.
Section 6.08 Pay Adjustment Demotion
When an employee is voluntarily demoted, a mutually agreed-upon pay step in
the new range shall be assigned. When an employee is demoted as a result of
disciplinary action. the step shall be set by the appointing authority imposing
the discipline. _
Section 6.09 Pay_Adjustment Ueon Re-employment
Upon reemployment, an employee shall be assigned the same step in the salary
range that had been attained prior to layoff. Benefit accruals shall be equal to
the benefit level the employee attained prior to layoff, except as precluded by
applicable law.
Section 6.10 Special Merit Pay:
A pay adjustment of up to 5% may be granted in advance of an employee's
anniversary date in recognition of exceptional performance. The adjustment
shall be made in rare cases and shall be recommended by the responsible
department head and approved by the Personnel Officer, and must ,be
accompanied by a current employee evaluation and memorandum supporting the
request. Merit increases shall have no affect upon the anniversary date at
which a regular step increase may be considered.
Section 6.11 Management and Executive Incentive Pay
Designated management employees are eligible for management incentive pay
which may consist of up to 5% of base salary. Incentive pay shall be based upon
overall performance and meeting defined goals and objectives to provide
effective and efficient management of City operations as evaluated by the
employee, department head and City Manager.
Executive employees are eligible for management incentive pay which may
consist of up to 10% of base salary. Incentive pay shall be based upon overall
performance and meeting defined goals and objectives to provide effective and
efficient management of City operations as evaluated by the employee and City
Manager.
Section 6.12 Special Assignment Pay - Street Sweeper Operator
The person assigned to operate the street sweeper shall be eligible for a 5 per
cent special assignment pay for the duration of the the assignment starting on
the sixth day of the assignment after five full days of operating the sweeper.
On that day the employee shall be eligible retroactively for the preceding five
days of the assignment as well. The intent of the special pay is to compensate
an employee who is assigned to the sweeper for a block of time, not to pay
extra for short term sick leave or vacation fill in or intermittent training
sessions. The amount shall be calculated by advancing 10 code steps on the
Basic Compensation Plan, using the employee's base salary as a starting point.
If a person is assigned to the sweeper and is receiving special assignment pay at
the time the employee goes on vacation, and is expected to resume sweeper
duty upon return, compensation for vacation hours shall be at the higher rate.
The Director of Public Lands do Facilities shall notify the Personnel Office
when the assignment begins or ends. Compensation shall be initiated or deleted
by a Personnel Action Form.
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Section 6.13 Bilingual Pay
Qualified management and classified employees who meet the following criteria
shall receive an additional $65.00 per month in salary:
1) Employee must be assigned by the City Manager to speak and translate a
language in addition to English. This includes such specialized communication
skills as sign languages; 2) employees must, as needed, speak and/or translate
a second language; 3) to be qualified, employees must be certified as qualified
by the City.
The City, at its discretion, may reassign an employee from a bilingual
assignment to a position which does not require bilingual certification. An
employee in a bilingual assignment may request assignment to a position which
does not require bilingual certification. The request shall be made in writing to
the City Manager, who will consider it according to City needs and availability
of a qualified replacement.
Section 6.14 Acting Status
Employees formally designated by the Department Head as performing the
duties of their supervisor in the absence of supervisor, due to vacation, illness
or leave, for a period of more than 80 regularly scheduled working hours shall
receive acting status pay equivalent to the minimum salary rate for that
position such that the minimum adjustment would be at least 5% above the
employee's current salary. Acting status shall be retroactive to the first day
and subject to no additional benefits.
Section 6.15 Classified Employee Performance Pay Plan:
A performance pay award of 1,000 cash may be granted in the fiscal year.
This program is subject to the rules outlined in the Administrative Policy
Manual.
Section 6.16Payroll Deductions:
The City will deduct from the employee's periodic paycheck, all mandatory
deductions required by law and voluntary deductions requested by the
employee. Each paycheck will be accompanied by a statement itemizing salary
deductions.
Section 6.17 Work Day And Work Week
Eight 8 hours, exclusive of lunch periods, shall constitute a day's work for all
full-time employees. The official work week of the City of San Juan
Capistrano shall be five working days of eight (8) hours each. It shall be the
duty of each department head to arrange the work of the department so that
each employee therein shall work not more than five (5) consecutive days in
each calendar week except that a department head, with approval of the City
Manager, may require any employee in the department to temporarily perform
service in excess of eight (8) hours per day or five (5) days per week when public
necessity or convenience so requires. Department heads will not temporarily
change an employee's regular work schedule to avoid payment of overtime.
Section 6.18 Flex Time
A flexible work schedule may be developed and implemented whereby
designated employees may be allowed to work a total of eighty hours within a
two-week period regardless of the number of hours worked per day, subject to
approval of the department head and Personnel Officer. The flexible work
schedule shall be maintained as long as the needs of the public and City are
explicitly met.
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Designated employees may be allowed to work four (4), ten (10) hour days in a
work period.
Section 6.19 Management Flextime_
Management personnel may flex their schedule as needed during the pay period
to allow for required attendance at extraordinary events or meetings or
unscheduled or emergency situations. This option allows the management
employee to operate with professional flexibility. A minimum of 80 hours will
be worked during the pay period. Use of flextime will require prior approval by
the Department Head.
Section 6.20 Overtime
Whenever, at the direction of the appointing authority, an employee works
beyond forty (40) hours in a calendar week, such person shall be compensated
for such overtime work to the nearest half-hour at time -and -one-half his/her
regular compensation, or receive compensatory time off earned at time and
one-half rate. Compensation for overtime shall be in the form of either cash
payment or compensatory time off at the discretion of the Department Head
with due regard for the wishes of the employee and particular regard for the
needs of the City, or up to a maximum City expense of $5,000 per fiscal year
and thereafter at the discretion of the City Manager.
The employee may accumulate and hold for future use no more than 100 hours
at any one time of compensatory time and, at the end of the fiscal year, may
carry over no more than 40 hours of compensatory time for use in the next
fiscal year. All other overtime hours accumulated to that point shall be paid at
the end of the fiscal year. Such compensatory time off is subject to approval of
the department head and Personnel Officer.
Overtime requested by an employee to adjust the employee's work schedule
shall be considered flex time and is not subject to compensation at the rate of
time and one-half.
Section 6.21 Management Overtime
Designated management employees are not eligible for overtime pay.
(Refer to Section 7.25 Administrative Lead).
Section 6.22 Emergency Stand By/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 stand 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 near one
half hour.
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Section 6.23 Work on a Holiday
Any full-time employee who is required to work on a holiday shall be entitled to
be paid for the holiday plus time and one half for all hours worked on the
holiday or compensatory time off at time and one half.
RULE 7
Section 7.01
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EMPLOYEE BENEFITS
Vacation Accrual and Use
a. Executive Employees
Actual hours accrued are
individual basis. Vacation
unlimited basis.
b. Management Employees
subject to negotiation on an
leave may be accumulated on an
Length of Service Annual Hours Accrued
0 - 3 years 80
4 - 7 years 132
8 - 10 years 148
more than 10 years 164
Accrual of Vacation Time
Accrual at the next highest incremental rate shall commence
on the first day of the fourth, eighth, and eleventh year of
employment, respectively.
The maximum amount of vacation time which may be accrued by
management employees and used for time -off shall be 300 hours; any
accumulation of hours above 300 shall be forfeited by the employee. The
maximum amount of vacation time which will be compensated for in
cash upon separation from City service shall be 240 hours. It shall be the
responsibility of the employee and the department head to assure that
employees utilize credited vacation leave within the limitations set forth
herein.
C. Classified Employees (Non -Management)
Lenath of Service Annual Hours Accrued
0 - 3 years 80
4 - 7 years 132
8 - 10 years 148
more than 10 years 164
Accrual of Vacation Time
Accrual at the next highest incremental rate shall commence on the first
day of the fourth, eighth and eleventh year of employment,
respectively. The maximum amount of vacation which may be accrued
by classified employees shall be 300 hours; any accumulation of hours
above 300 shall be forfeited by the employee. The maximum amount of
vacation time which will be compensated for in cash upon separation
from City service shall be 240 hours. It shall be the responsibility of the
employee and the department head to assure that employees utilize
credited vacation leave within the limitations set forth herein.
In December of each year, classified employees with four or more years
of service to the City will receive a one-time yearly payment equal to
.4% of their individual base salary.
d. Permanent Part-time Employees
Part-time employees shall be eligible to accrue vacation credit on a
pro -rated basis based on the number of hours worked (i.e., 20 hours per
week equals one-half vacation accrual rate).
Accrual of Vacation Time
The maximum amount of vacation time which may be accrued shall be
240 hours.
Reclassification
Upon reclassification to full-time employment, employees shall accrue
vacation at the rate of 80 hours annually. Increases in the accrual rate
shall be based upon length of service in a full time capacity.
Section 7.02 Vacation Usage
Total vacation allowance shall be based upon the number of months of City
service computed to the nearest half month. It shall be the responsibility of the
employee and department head to assure utilization of credited vacation leave
within the limitations set forth herein.
The time during the calendar year at which an employee may take vacation shall
leave shall be determined by the department head but with due wish of wish of
the employee and particular regard for the needs of the City. Eligible employees
shall accrue vacation beginning with the date of hire but may not utilize such
during the first six months of employment. An employee wishing to schedule a
vacation in excess of 10 working days must receive the approval of the Personnel
Officer at least 30 days prior to the vacation time. The employee will receive a
response within 14 days of submittal. Vacation time or any leave time requiring
any combination of vacation, administrative leave, comp time, or holiday pay in
excess of 10 consecutive working days shall be granted only in cases where
special non-recurring conditions are present and will be based on the City's
ability to provide adequate service coverage during the employee's absence.
Section 7.03 Vacation Benefits for Terminating Employees
!n the event of termination of employment, the employee shall be paid for any
accrued vacation leave and compensation time which has accrued within the
limits specified above.
Section 7.04 Holidays Occurring During Vacation
When one or more legal municipal holidays fall within a vacation leave, such day
or days shall not be charged as the vacation leave. Under these circumstances,
an employee's vacation leave shall be extended accordingly for those employees
eligible for such holidays.
Section 7.03 Holidays
All City employees shall have the following holidays with pay and shall not be
required to work on such holidays except as hereinafter provided:
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a. January 1st (New Year's Day)
b. February 12th (Lincoln's Birthday)
c. Third Monday in February (Washington's Birthday)
d. Last Monday in May Memorial Day)
e. July 4th (Independence Day)
f. First Monday in September (Labor Day)
g. November 11th (Veteran's Day)
h. Fourth Thursday in November (Thanksgiving Day)
i. The day following Thanksgiving Day
j. December 24th (Christmas Eve)
k. December 25th (Christmas Day)
1. Floating Holiday (10 hours)
Whenever a holiday falls on a Sunday not scheduled as a regular work day, the
following Monday shall be observed as the holiday. Whenever a holiday falls on
a Saturday not scheduled as a regular work day, the preceding Friday shall be
observed as the holiday. An employee must have been paid for the entire
amount of regularly scheduled hours of the days immediately prior to and
following a City holiday in order to be paid holiday pay.
Section 7.06 Floating Holiday
Probationary and regular full-time employee shall be credited with a total of
ten hours of compensated time off on July 1st of each year. The time(s) which
the employee may elect to use shall be arranged with and approved by the
employee's supervisor and department head and approved by the City Manager.
The floating holiday must be used prior to June 30 or shall be forfeited.
Section 7.07 Sick Leave
Sick leave shall mean the time during which an employee is permitted to be absent
from the duties of City service by reason of sickness or injury which incapacitates
or prevents the employee from performing assigned duties, without any deduction
being made from salary or compensation, and shall Include, in certain cases,
serious illness or death of a member of the employee's immediate family.
It will be the responsibility of the department head to periodically review the use
of sick leave in the department. Use of sick leave may be used as a factor in
determining employee performance for employee evaluations.
Section 7.08 SIck Leave Allowance
All permanent full-time employees shall be entitled to eight (8) hours sick leave
for each calendar month of service. There shall be no limit on the amount of sick
leave which may be accumulated. Permanent part-time employees may
accumulate sick leave at one-half the rate of permanent full-time employees.
Temporary employees shall not be eligible for sick leave benefits.
Section 7.09 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, 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) accident or emergency involving employee or
immediate family.
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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 court 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 b--
utilized
'utilized in a similar manner.
Section 7.10 Notification of Illness by Employee
An employee on sick leave shall notify their supervisor no later than one (1) hot
after the time set for beginning daily duties.
Section 7.11 Return From Sick Leave
Upon returning from sick leave, a physician's certificate may be required if, in the
opinion of the department head, it appears than an employee is abusing sick leave
privileges or to determine the validity of the employee's absence during the time
for which sick leave was requested.
Any employee absent from duty on sick leave for three (3) consecutive work
days due to illness or accident may, at the discretion of the department head, be
required to submit to a physical examination by a physician designated by the City
to determine fitness to return.
Section 7.12 Sick Leave Payout Prior to Separation of Employment
At the employee's request, the City will compensate in cash or in time off for
unused sick leave accrued above 396 hours. The compensation formula will be
consistent with the payout levels established in Section 7.13 of the Personnel
Rules, based upon years of service.
Section 7.13 SickLeave Compensation Upon Termination of Employment
City employees who terminate employment within the City shall be compensated
in cash for unused sick leave at final rate of pay based on the following:
less than 2 years None
2 to less than 15 years 50%
15 to less than 20 years 75%
20 or more years 100%
There shall be no maximum amount of unused sick leave eligible for cash
compensation subject to the foregoing schedule.
OTHER LEAVES OF ABSENCE
Section 7.20 Bereavement Leave
Full-time employees and permanent part-time employees shalt be eligible to
receive twenty-four (24) hours of paid leave or forty (40) hours of paid leave if
out-of-state travel is required on account of the death of any immediate famy,
member. Time off beyond these parameters shall be charged to any type
available leave. Temporary and other part-time employees shall not be eligi
for bereavement leave.
Page 16
Section 7.21 Jury Duty Leave
Regular and probationary employees who are summoned to serve on jury duty or
subpoenaed as a witness in any court in this State of the United States, or any
administrative board on tribunals, shall be entitled to a leave of absence with pay
while serving provided the fees, except mileage or substance are remitted to the
City. Employees must return to work if not required to attend jury duty on a
particular day.
Section 7.22 Maternity Leave
It is the policy of the City to treat absence from work for reasons of pregnancy as
any other disability. A doctor's letter should be provided to the Personnel Officer
as soon as the condition has been diagnosed.
A maternity leave of 90 days duration shall be granted upon request of the
employee. This period of leave is inclusive of any leave granted prior to, and
immediately following the birth of the child. During this period of leave, the
employee may use any combination of available accrued types of leave, i.e. sick,
vacation, compensatory time, etc., including a leave of absence without pay. The
City will pay the employee's monthly health insurance premiums during this 90 day
period, in the event the employee has not accrued sufficient paid leave time for
the duration of the approved leave. Unless there is a medical reason that the
employee cannot return to work at the end of the 90 day period, as evidenced by a
report from a medical doctor, the employee will be considered due back at the end
of that time. All requests for an extension of the 90 day period of leave for
non-medical purposes will be evaluated on a case by case basis.
Section 7.23 Family Care Leave
Eligible employees can take up to a total of four months of qualified family leave
during a 24 -month period. Qualified family care leave means a leave of absence
to care for a newborn or newly adopted child or to care for a seriously ill family
member (i.e., an employee's parent, spouse, or child of the employee).
Only employees with more than one year of continuous service with the City who
are eligible for other benefits are eligible to take family care leave. The City is
not required to and will not grant a request for family care leaves if the absence
of the employee creates undue hardship on the operations of the department. Any
disagreement as to whether a situation of undue hardship exists will be resolved by
the City Manager or his designee.
Also ineligible for family care leave are employees who are among the top ten
percent (10%) of employees in terms of gross salary; or employees whose spouses
also on family care leave or is unemployed.
Section 7.24 Military Leave
Military leave shall be granted in accordance with the provisions of State and
federal law. All employees applying for military leave shall give the department
head, within the limits of military regulations, an opportunity to determine when
such leave shall be taken. Employees may use compensatory time and vacation
time for weekend drills.
Page 17
Section 7.25 Leave of Absence Without Pay
Leave of absence without pay may be granted in advance by the Personnel Officer
upon recommendation of the department head. No such leave shall be granted
except upon written request of the employee, setting forth the reason for the
request. All requests shall be evaluated on basis of personal need, duration and
work requirements. Any leave of absence without pay lasting more than fourteen
(14) calendar days shall preclude employee from accruing leave time in other
benefits after the 14th day except as outlined in the Maternity Leave policy.
Section 7.26 Administrative Leave
All employees designated as Management shall accrue sixty-four (64) hour
additional leave per year as compensation worked over and above the normal wor
schedule. No more than 64 hours may be carried at any time.
City will pay off full accrued amount of Administrative Leave at separation.
Compensatory leave may be taken at any time on approval of the appointing
authority. Management employees may buy back up to 64 hours at the end of the
fiscal year, at the request of the employee and/or carry over up to 64 hours of
administrative leave if the leave hours remain at the end of the fiscal year,
provided no more than 64 hours are carried at any time.
Executive employees accrue 64 hours administrative leave per year. There is
unlimited accrual of this leave, and Executive Employees may buy back up to 64
hours of administrative leave if the leave hours remain at the end of the fiscal
year. This leave is compensable upon separation.
Section 7.27 On -the -Job Injury Leave
Whenever an employee is compelled to be absent from active duty due to an injury
disability arising out of and in the course of employment, such employee shall be
entitled to receive an On -the -Job Injury Leave With Pay for up to the first three
consecutive days of such absence. The granting of such leave shall be conditioned
upon the following: -
a) The absence is at the direction of a licensed medical physician.
b) Supervisory personnel have been properly notified of such injury or disbility
and an on-the-job injury report has been properly completed and submitted.
c) The injury occurred while the employee was performing work duties on the
job.
Section 7.29 Com nsationFor Job Connected Illness Or In'ur
In accordance with workers, Compensation laws, the City provides protection for
employees in the event of on-the-job Injuries. If an employee is injured on the job,
the Injury must be reported immediately to the supervisor - no matter how minor
it seems. If necessary, the employee should receive first aid or medical
treatment. Detailed Instructions shall be given to the employee to initiate a
Workers' Compensation claim as necessary. The Personnel Officer shall assure
that required forms are completed in a timely manner. -
Section 7.29 Non -Work Related Disability Leave
If an employee is compelled to be absent from active duty due to a non -w
related disability or accident, the City shall grant a leave of absence
accordance with state disability laws. The City provides long-term disabil..Y
insurance coverage to assist an individual when this situation arises.
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Section 7.30 Unauthorized Absence
A City employee who without prior authorization is absent or fails to discharge
regularly assigned duties for a period of twenty-four (24) consecutive work hours
shall be considered to have abandoned the job and may be subject to disciplinary
action, including discharge.
OTHER BENEFITS
Section 7.31 Medical, Life and Dental Insurance
The City provides medical, life and dental insurance for City employees. The
insurance becomes effective the first day of the month following the completion
of one month of continuous service.
Insurance coverages are included in the applicable MOU or resolution.
Questions regarding coverage, forms or other matters pertaining to the insurance
program should be directed to the Personnel Office.
Section 7.32 COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires
that the group health plans provide employees and their dependents the
opportunity to continue health care coverage under the plan in certain
circumstances where coverage under the group health plan would otherwise
terminate. While the City must make continued health coverage available, it can
charge qualified beneficiaries up to 102% of the cost of coverage if continuation
of benefits under the group plan is desired.
Section 7.33 Retiree Health Benefit Plan
By Resolution, the CIty elected to make medical, dental and vision benefits
available to those employees, and their eligible dependents, who retire under the
City's sponsored retirement plan. Retiree coverage deposit rates are 35% higher
than the active rates. Refer to the Retiree Benefit Program description for
governing rules available in the Personnel Division.
Section 7.34 Retiring Employee Recognition Program
The Retiring Employee Recognition Program provides for a salary incentive for
long term City service. The guidelines and definitions for this program are
detailed in the AdmInIstratIve Policy Manual.
Section 7.40 Retirement Plan
All full-time employees automatically become a member of the Orange County
Employees Retirement System (OCERS).
Employee and City contribution obligations are based on the applicable MOU or
resolution. Present contribution obligations are discussed in the 83-84 M OU's.
Section 7.50 Long -Term DlsabIlity Insurance
Eligible employees may receive long-term disability coverage or income
protection of up to two-thirds of salary during disability periods due to non -job
related injury or Illness up to a maximum percentage of salary.
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Section 7.60 Deferred Compensation Program
City employees may elect to have a portion of their salary withheld. The deferred
amount is tax free until actually received and is invested in the meantime. As
prescribed by applicable laws or plan provisions, funds may be withdrawn upon
resignation, retirement or to a beneficiary upon death.
Section 7.70 Credit Union
City employees may elect to join the ORCO State Employees Federal Cre
Union.
Section 7.80 Educational Reimbursement
The Employee Tuition Reimbursement Program is intended to encourage and assist
employees in pursuing courses of education which will broaden their knowledge and
skills in their occupational field, improve their on-the-job performance, and
increase their overall value to the City.
The Personnel Officer shall have authorization authority regarding courses of
study eligible for reimbursement. Unless otherwise deemed appropriate, only
regular full-time employees may be eligible to elect to take courses which will
benefit their positions with the City. Upon authorization, employees shall
complete the course with a passing grade and fulfill requirements set forth by the
Personnel Officer in order to receive reimbursement.
Guidelines and requirements pertaining to the reimbursement program are covered
in detail in the Administrative Policy Manual.
Section 7.81 Work Boot Reimbursement
City will provlde CALOSHA certified work boots and replace on an as -needed
basis as determined by the Division Manager, however, no less frequently than
once a year. If an employee wishes to purchase a boot other than the model of
boot which would be provided by the City, the City will reimburse the employee
for the cost of the boot up to a maximum of $100.00 provided the boot which is
purchased is a CALOSHA certified steel toe work boot and the employee submits
an appropriate receipt for the purchase.
Section 7.90 Physical Examination/Optional Benefit Plan
At the discretion of the management employee, up to $600.00 may be used for a
personal physical examination or up to $300.00 may be used for other wellness
related benefits and the remainder of the $600.00 to be used for a physical
examination. Wellness -related activities are the same as those defined in Section
7.91.
Page 20
The physical examination shall be voluntary. Reimbursement for the physical
examination and/or the Optional Benefit will be based upon the submittal of
receipts for the expenses incurred or a bill for payment.
Unexpended reimbursement funds may not be carried over into the next fiscal
year.
Section 7.91 Wellness Program- Non -Mans ement Employees
The Wellness Program allocates 300.00 per fiscal year to each full-time classified
employee, which may be used for the following wellness activiti-s: annual
physical at a physician of the employee's choice, health club memberships,
exercise programs, stress reduction, weight management, cardiovascular
reduction, nutrition and smoking cessation programs; personal exercise equipment
and clothing, and other uses not specifically named for wellness purposes which
shall be approved by the Personnel Officer. The employee shall state in writing
his/her intended use of the funds and, upon approval by the Personnel Officer or
his designee, shall present a receipt for reimbursement or a bill for payment.
Section 7.92 Mileage Reimbursement
Management and Classified employees shall receive a mileage reimbursement of
$.275 per miles, in accordance with IRS standards.
Section 7.93 Auto Allowance
Management employees shall receive a monthly automobile allowance of $40.00.
Section 7.94 Lunch And Break Periods
Because of varying work shifts, flex time and job conditions, lunch and break
periods are scheduled with the supervisor. Typically a one-hour or one-half hour
lunch break is provided. Two break periods of fifteen (15) minutes each are also
allowed. Break periods cannot be accumulated.
RULE 8 EMPLOYMENT PRACTICES
Section 8.01 Fair Employment Practice
The City of San Juan Capistrano assures any technique or procedure used in
recruitment and selection of employees shall be designed to measure only the
job-related qualifications of applicants. No recruitment or selection technique
shall be used which, in the opinion of the Personnel Officer, is not justifiably
linked to successful job performance. It is the policy of the City that no
technique, procedure or policy in recruitment and selection shall be discriminatory
to any group protected by State or federal legislation.
Section 8.02 Non -Discrimination Policy
The City shall offer equal employment to all persons without regard to race,
creed, color, sex, age, national origin, religion, physical or mental handicap or
veterans' status. No applicant is to be discriminated against or given preference
because of these factors. This policy is intended to apply to recruiting, hiring,
promotions, upgrading, layoffs, compensation, benefits, termination and all other
privileges, terms and conditions of employment.
Section 8.03 Hiring Relatives
No member of the immedlate family of the City Manager or any City Council
member shall be appointed to any position, whether full or part-time, in the City
work force. The hiring of relatives of City employees is permitted.
However, employees who are relatives, must be employed in different departments
within the City. in no case will it be allowed that one relative directly supervise
another. Relatives of employees shall neither be given preference nor
discriminated against. It is the goal of the City to prevent favoritism and conflict
of interest.
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If two employees marry while both employed in the same department in the City,
it shall be necessary for one of the employees to transfer to a different
department of the City if possible or resign from City service within six months
after marriage.
Section 8.04 Hiring the Handicapped
Selection decisions regarding otherwise qualified handicapped persons shall be
made in accordance with the City's guidelines applying to non-discrimination
the basis of handicap, provisions of which govern reasonable accommodatic
pre-employment inquiries, medical examinations, and other employment practice
Section 8.05 Requisition and Sources of Recruitment
The department head will notify the Personnel Officer of a position which is, or
will become, vacant. The appointing authority shall immediately notify the
Personnel Officer when a vacancy is to be filled. The Personnel Office shall begin
recruitment for the position utilizing the following: reinstatement, transfer,
demotion, re-employment and eligibility list. Should these options fail to produce
an eligible candidate, a provisional appointment may be made, subject to the
approval of the Personnel Officer.
Section 8.06Provisio
Thnal Appointment
e Personnel Officer may approve a temporary provisional appointment in the
absence of persons available for appointment when time is of the essence in filling
the vacancy. An appointment to fill a vacancy in this manner may require hiring a
trainee, selecting a qualified individual presently not employed by the City, or
appointing an existing full time employee in an acting status. A provisional
appointment is made at the discretion of the Personnel Officer. The appointed
individual shall be compensated within the approved salary range for the appointed
position. A provisional appointment shall be less than 12 months duration, and
generally shall only last for the duration of the recruitment process.
Provisional appointments may be terminated at any time without right to appeal.
If an existing full time employee was filling the provisional position, he/she shall
return to his/her former position or class and shall have the employment and
compensation status and salary date the employee would achieve had a provisional
appointment not been made.
If a trainee or other qualified individual is selected to fill the provisional vacancy,
the individual is not eligible for City fringe benefit rights or privileges.
No special credit for service rendered under a provisional appointment shall be
granted in meeting any qualifications for appointment or in the giving of any test
or the establishment of any employment list.
Section 8.07 JobAnnouncements
All examinations shall be announced In a bulletin which shall specify at least the
major job responsibilities and desirable qualifications, and the selection process
options of the City. Job announcements shall be posted on appropriate bulletin
boards in City facilities. Recruitment methods shall be utilized as necessary
insure that segments of the labor market available to the City are utilized.
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Section 8.08 Application Forms
Applications shall be made only on forms provided by the Personnel Officer. Such
forms shall require information covering training, experience and educational
background and other information deemed pertinent by the appointing authority.
All applications must be signed and dated by the person applying and received by
the Personnel Officer within a filing period prescribed by the Personnel Officer.
Section 8.09 Rejection of Application
The Personnel Officer may reject any applicant who:
a. Does not possess the established requirements for the advertised position.
b. Is unable to perform the duties of the position.
c. Has made a false statement concerning any material fact, or has practices or
attempted practice of any deception or fraud in the application or examination, or
in securing eligibility for appointment or promotion, regardless of when discovery
was made.
d. Fails to pass satisfactorily any medical or job-related examination which may
be required.
e. Fails to meet special conditions of employment.
Section 8.20 Examinations
The selection of techniques used in the examination process shall be impartial, of
a practical nature and shall relate to those subjects which are related to the duties
and responsibilities of the position.
The examination may consist of evaluation of personality and background through
written tests, oral interviews, performance tests, medical examinations and other
job-related tests or any combination thereof. Examinations may be open or
promotional at the discretion of the Personnel Officer who shall consider the
recommendations of the department head.
Section 8.21 Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the
Personnel Officer after consultation with the department head, the need of the
service so requires. Promotional examinations may include any of the selection
techniques or any combination thereof mentioned above. Only current employees
who meet the requirements of the position may compete in promotional
examinations.
Section 8.22 Open Examinations
Open examinations may be conducted at the discretion of the Personnel Officer
after consultation with the department head. Public candidates who meet the
requirements of the open position may compete in open examinations.
Section 8.23 Conduct of Examinations
The Personnel Officer shall determine the manner, method and by whom
examinations shall be prepared and administered. The City may contract with any
competent agency or individual for the performance of this service. In the
absence of such a contract, the Personnel Officer shall perform or delegate such
duties.
Section 8.24 Notification of Results
Applicants who meet the requirements for admission to the eligibility list must be
notified that they have achieved minimum rank. In addition, each non -selected
applicant must be given notice of non -selection, including general reasons,
requirements for admission to eligibility and appeal rights available. The City will
Page 23
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will take reasonable steps for notification of applicants including mailing such
notice to the last known address.
Each candidate in an examination shall be given notice of the results within a
reasonable amount of time. An applicant may review the materials related to
testing including his/her answer sheets and test copies except in cases where tests
are of a stock or form nature and when contracts prohibit such review.
Section 8.30 Eligibility List
An eligibility list shall be established following the examinations to determine t
names of applicants who have achieved minimum rank. Such applicants shall
deemed as qualified for appointments pending further review by the appoint!
authority and other qualifying procedures including reference checks, medical
examinations and background investigations. Eligibility lists shall be valid and in
effect for a period of six months up to a maximum of one year at the discretion of
the Personnel Officer. Eligibility lists shall be certified by the Personnel
Officer.
If the department head does not feel an appointment from the list would be in the
best interests of the City, the department head may request the abolishment of
the list and establishment of a new list.
Eligibility lists may be merged in a continuous or separate recruitment. Names
may be dropped from the list if unable to be located, if request is made to be
dropped or, in the case of a promotional list, if the employee resigns from City
employment.
Section 8.31 Appointment from Eligibility List
When an appointment is made from any eligibility list, the Personnel Officer shall
certify names from the appropriate list. The appointing authority shall further
revlew the job-related qualifications of those certified before making selection
decisions.
Section 8.32Re-Employment and Reinstatement
With the approval of the appointing authority and the Personnel Officer, a regular
or probationary employee who has completed at least six months of probationary
service and who has resigned with a good record and in good standing, may be
reinstated to the former position, if vacant, or to a vacant position in the same or
a comparable class within one (1) year from date of resignation.
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No credit for former employment shall be granted in computing salary, vacation,
slck leave or other benefits except on the specific recommendation of the
appointing authority and the approval of the Personnel Officer.
a. Re-employment LIst
In the case of layoffs, a re-employment list is maintained when a vacancy
occurs in the subject class; the appointing authority shall consider former
employees from the list. The list shall be maintained for one year and as
people are appointed to permanent positions, their names are dropped frr�
the list. Employees on the re-employment list are responsible for inform
the City of current address, telephone number and availability for work.
Section 8.40 Selection
Selection from the eligibility list may
applicants at the direction of the
appears on the list may be selected.
�._ 0
be made at any rank on the list of qualified
appointing authority. Any candidate who
Section 8.41 Physical Examination
Prospective employees shall be required to pass a medical or physical examination
as may be prescribed. The Personnel Officer shall select a licensed medical
doctor to perform the examination, the cost of which shall be borne by the City.
The examination will determine the applicant's fitness to perform the job.
Section 8.42 Background Investigation
The Personnel Officer will conduct a background check on the successful
candidate(s) which will focus on job-related qualifications. Background
investigations may include reference checks, checks of criminal records and any
other valid background checks deemed necessary by the Personnel Officer.
Section 8.43 Orientation
All new employees will be required to attend an orientation program designed to
inform new employees of City benefits, policies and procedures. Such orientation
will occur within the first week of the employee's employment.
Section 8.44 Outside Employment
An employee's first obligation is to the position held with the City of San Juan
Capistrano. Employees may only accept other employment if:
a, the work does not present a conflict of interest, provide undue liability for
the City, cause an interruption in the work schedule assigned the employee,
or create a cause for disciplinary action.
b. the employment is approved in writing by the Personnel Officer.
Employees shall receive approval of outside employment as indicated above prior
to acceptance of that employment. Each notification shall be placed in the
employee's personnel file.
RULE 9 PROBATIONARY PERIOD
The probationary period shall be part of the screening process and shall be utilized
for the following:
a. To closely observe an employee's work.
b. To provide for the most effective adjustment of an employee to the
position.
C. To further evaluate any probationary employee whose performance does not
meet the required standards of the job to which appointed.
When an employee is appointed to a new position as a result of promotion,
transfer or for any other reason, a new probationary period, as provided
herein, shall begin at the time of appointment to the new position.
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Section 9.01 Regular Appointment Following Probationary Period
Original appointments to position within the classified service shall be subject to a
probationary period no less than six months and no more than twelve months.
Original appointments to positions within the Management Service shall be subject
to a probationary period of twelve months. At the conclusion of the probationary
period, the employee will be notified of regular status, provided the appointing
authority approves the action.
Achievement of regular employee status shall be based upon successful completi<
of a probation period, as determined by the department head and approved by tf
Personnel Officer.
For management employees, only in cases of exceptional performance by an
exceptional employee, as documented in writing by the Department Head, will the
Personnel Officer consider requests to consider a change in status (from
probationary to regular) prior to twelve months of service.
Promotional appointments shall be subject to a probationary period of six months.
Section 9.02 Rejection of Probationary Employee
A probationary employee may be rejected at any time without the right of notice
of an intent to reject or right of appeal or hearing during the probationary
period. The appointing authority shall inform the Personnel Officer of the
appointing authority's desire to reject a probationary employee. Notification of
rejection shall be furnished to the probationary employee at least 10 working days
prior to rejection, and a copy filed with the Personnel Officer. The appointing
authority, after consultation with the Personnel Officer, may at the appointing
authority's discretion extend the probationary period of an employee up to six
months.
A rejected probationer serving as a result of an original appointment shall be
dismissed from City service. An employee rejected during or at the conclusion of
the probationary period following promotional appointment shall be reinstated to
the position or class, or comparable position or class, from which the employee
was promoted and shall receive credit for time served during the promotional
position.
Section 9.03 Performance Evaluation During Probationary Period
Performance evaluation during the employee probationary period shall be prepared
within fourteen (14) calendar days preceding the conclusions of three (3) months
service. Employee performance evaluatlon shall be prepared thereafter, within
fourteen (14) calendar days preceding three (3) months intervals of service until
the appointing authority deems the employee qualified to satisfactorily perform
the job duties.
RULE 10 CHANGES OF EMPLOYEE STATUS
Section 10.01 Promotion
Promotion refers to the movement of an employee from a position in one class
a position in another class imposing higher duties and responsibilities, requiri
higher qualifications and providing a higher maximum rate of pay will be regard
as a promotion.
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Section 10.02 Promotion In -House
Insofar as practical and consistent with the best interest of the City, as
determined by the Personnel Officer, vacancies shall be filled by promotion from
within wherever qualified employees exist. Promotion - only classes will '3e
established by the Personnel Officer in consideration of input from the
Department Heads.
Section 10.03 Requirements for Promotional Candidates
Only regular employees who meet the requirements set forth in the Classification
Plan and who received a satisfactory overall rating at the time of their last
performance evaluation may compete in promotional opportunities. Any
employees who wish to apply for promotional opportunity must also have
completed at least six (6) months in their present positions.
Section 10.04 Rejection Following Promotion
An employee rejected during or at the conclusion of the probationary period
following promotional appointment shall be reinstated to the position from which
promoted and shall be reinstated to the position or class, or comparable position or
class from which promoted and shall receive credit for time served in the
promotional position unless charges are filed and the employee is discharged in the
manner provided for in these rules and regulations.
Section 10.10 Transfers
A transfer occurs when an employee changes positions which are in the same
classification having essentially the same maximum salary and requiring
substantially the same qualifications. This may or may not involve a change of an
employee's place of employment from one department to another.
Section 10.11 Conditions for Transfer
An employee, who does not possess the minimum qualifications for an open
position, shall not be transferred to that position. A qualified employee may be
transferred, provided the transfer has been approved by the employee's supervisor,
the new supervisor and the Personnel Officer.
Section 10.12 Employee Requested Transfers
New employees who have completed their probationary period in their current
positions, may apply for a transfer. All other employees, who have worked a
minimum of six (6) months in their current position, may apply for a transfer. A
request may be submitted only when a vacancy exists. The employee's request for
transfer will be considered on the basis of the employee's qualifications for the
vacant position, the employee's best interests, and the best interests of the City.
Requests for transfers must be received according to deadlines established by the
Personnel Office.
Section 10.13 Employer initiated Transfers
The City of San Juan Capistrano reserves the right to transfer its employees from
one position to another, or one department to another, if the transfer is necessary
for the purpose of economy or efficiency.
Section 10.20 Voluntary Demotion
A regular employee may request a voluntary demotion to a vacant position in a
class with a lower maximum salary rate provided the employee possesses the
qualifications of that class.
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Such requests must be filed with the Personnel Officer and require approval of the
current department head and that of the department head of the vacant position.
A voluntary demotion is not available to a probationary employee except in cases
of layoff for lack of work or lack of funds.
Section 10.30 Conditions for Layoff
The City Manager, with the concurrence of the City Council, may abolish an, -
position, employment or employee because of material change in duties an
organization, or shortage of work or funds. The employee holding such position e
employment may be laid off without disciplinary action and without the right c
appeal. No regular employee shall be laid off until all temporary and probationar
employees holding positions in the same class in the department are first laid off.
Only those employees in the department assigned to the class in which the position
is to be abolished shall be involved in this layoff procedure.
Section 10.31 Notice of Layoff
Employees to be laid off shall be given at least fourteen (14) calendar days notice.
Section 10.32 Order of Layoff
Seniority and employee performance shall govern the layoff of employees.
Seniority shall be determined as total number of years of full-time employment
with the City of San Juan Capistrano.
Section 10.33 Layoff Procedure
Employees shall be laid off in reverse order of seniority and in consideration of
performance. In cases where there are two or more employees having equal
seniority in the affected class, such employees shall be laid off on the basis of the
last performance evaluation report in that class as determined by the City
Manager.
Section 10.34 Re-employment List
The names of persons laid off in accordance with these rules shall be entered on a
reemployment list for one year, except that persons appointed to permanent
positions shall, upon such appointment, be dropped from the list.
When a vacancy occurs in the subject class, the appointing authority shall consider
the former employees from the reemployment list. It is the responsibility of the
employee on a reemployment list to keep the City informed of his/her current
address and telephone number, and availability for work.
Section 10.40 Termination - Resignation
An employee wishing to leave the City in good standing shall file with the
immediate supervisor at least two (2) weeks before leaving the City a written
resignation stating the effective date and reason(s) for leaving.
Page 29
The resignation shall be forwarded by the department head to the Personnel Office
and City Manager. _
Section 10.41 Exit Interviews
All terminating employees will receive exit interviews. These exit interviews will
be held upon notification by employee of plans to resign. The interview will be
conducted by the Personnel Officer's representative. When an employee simply
telephones from the outside to resign, the call should be referred to the Personnel
Office. The Personnel Office will attempt to obtain as much exit interview
information as possible over the telephone.
The objectives of the exit interviews are:
a. To determine the real reason why the employee is leaving, so as to retain
desirable employees whenever possible.
b. To discover any grievances the employee may have regarding departmental
conditions so that corrective action can be taken.
C. To discover any misunderstandings the employee may have had regarding
the job, or the supervisors, so that corrective action can be taken.
d. To make certain that the reason for leaving expressed on the form is
identical with the expressed verbally by the employee.
e. To collect City -issued keys, manuals, equipment, etc.
f. To have employee sign necessary termination forms.
Section 10.50 Performance Evaluation
Each supervisor or department head having immediate charge of an employee or
group of employees, shall make or cause to be made, on forms provided by the
Personnel Officer, performance evaluation reports for all subordinates.
Performance evaluations shall be considered in actions relating to transfer,
promotion, demotion or changes affecting the status of an employee.
Section 10.51 Timing of Performance Evaluations
The employee performance evaluatlon shall be completed by the appointing
authority within specific time frames set by the Personnel Officer. The
evaluation shall be signed and dated by the supervisor, department head and
employee, and copies provided to appropriate personnel. An employee may
examine the employee's own performance evaluation on file in the Personnel
office.
RULE 11 DISCIPLINARY ACTION
Section 11.01 Application
The appointing authority shall apply necessary and appropriate disciplinary action
whenever an employee falls to meet the required standards of conduct or
performance. Discipline is the enforcement of conformity to policies, rules and
and regulations and other administrative or legal requirements or practices
designed to maintain a standard of cooperation and conduct necessary to carry out
the service mission of the CIty organization successfully. The disciplinary action,
when taken, shall be documented In such a manner as to be defendable at review
and/or upon filing of a grievance by the disciplined employee.
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Section 11.02 Types of Disciplinary Action
Disciplinary actions include reprimands, suspensions, demotions and dismissal as
defined below:
a. Verbal Reprimands - In the event that the appointing authority determines
that a deficiency in performance or conduct is not of sufficient magnitude
to warrant a more formal disciplinary action, an oral warning may be given
to the employee, which should include examples of corrective actions whir
should be taken to improve performance or conduct in question.
confidential written record shall be made of such conferences with a col
provided to the employee.
b. Written Reprimands - An oral or written statement from the appointing
authority to a subordinate of an action, which meets any of the grounds for
disciplinary action listed in these rules. After verbal consultation, an
official notification in writing by the appointing authority to the employee
that there is cause for dissatisfacting with his/her services and that further
disciplinary measures may be taken if the cause is not corrected.
C. Suspension - The temporary separation of an employee from City service
without pay, for disciplinary purposes not to exceed thirty (30) calendar
days in any one (1) calendar year.
d. Demotion - A change in employment status from one position to another
having a lower rate of pay and/or a change in duties which are allocated to
a class having a lower maximum rate of pay. The demotion may be
temporary or permanent.
e. Dismissal - The discharge of an employee from City service on for
disciplinary purposes by the appointing authority.
Section 11.03 Causes for Disciplinary Action
The causes of disciplinary action include, but not limited to, the following:
Page 30
a. Insubordination, which shall consist of violation of any official regulation or
order or failure to obey any proper directions made and given by a
supervisor in the course of employment.
b. incompetency, inability or failure to perform the duties required by the
position, as well as willful neglect of official duty.
C. Gross carelessness in the discharge of assigned duties.
d. Substance abuse, habitual intemperance, consumption of alchoholic
beverages during working hours or reporting to work in a state of
intoxication.
e. Malfeasance in office or employment.
f. Presentation or use of know false information in any manner to commit
attempt to commit fraud, or the 4alsification or unauthorized alteration
City documents or records.
g. Repeated tardiness or excessive absences, or the improper or anauthorized
use of leave privileges or benefits.
h. Gambling for money or articles of value during the working day.
I. Careless, negligent, improper and unauthorized use of City equipment,
property or funds for private or personal purposes.
j. Unauthorized discussion or release of confidential informational documents
or records.
k. Violation of the Personnel Ordinance or rules and regulations or a
promulgated department rule, regulation or policy.
I. Use of narcotics or drugs, which impair job performance, except as
prescribed by a licensed physician.
M. Refusal or failure to promptly or property report an injury or disability
arising from or in the course of employment.
n. Engaging in unauthorized or incompatible employment elsewhere, or
engaging in political activities during work hours.
Section 11.04 Discliplinary Procedures
When a permanent employee is to be suspended, demoted or dismissed, a
preliminary written notice of the proposed action is to be prepared by the
appointing authority, reviewed by the Personnel Officer, and then delivered to the
employee. The written notice shall include:
a. The reasons for the proposed action.
b. The charges being considered.
C. The proposed disciplinary action to be taken.
d. A statement advising that before the proposed disciplinary action takes
effect the employee has a right to respond in writing within five (S) working
days from receipt of the written notice.
All charges filed against a permanent employee shall be documented in clear and
concise language. The employee shall be given an opportunity to review the
documents or materials upon which the proposed disciplinary action is based, and,
if practicable, the employee shall be supplied a copy of the documents. The
employee is entitled to be represented at any meeting concerned with potential
disciplinary action when the employee's presence is required at said meeting.
Section 11.03 Notification of Decision
WlthIn ten 10 working days after the employee has had the opportunity to
respond, the appointing authority shall notify the employee of any disciplinary
action to be taken and the effective date.
Section 11.06 Appeal of Decision
The employee may appeal the decision within five (S) working days of the
notification of disciplinary action. The appeal may be made directly to the City
Manager or an Impartial arbitrator may be utilized to provide an advisory opinion
to the City Manager prior to the submittal of the appeal to the City Manager.
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116 „'a
a. Advisory Arbitratio
The in
mpartial arbitrator shall be selected by the employee and designated
representative and the City. The cost of the arbitrator, if any, shall be borne
equally by the employee and the City. The arbitrator shall submit a written
advisory opinion to the City Manager who shall make the final and binding
decision to sustain, revoke or modify the decision of the appointing authority.
b. City Manager
An employee may submit the appeal directly to the City Manager.
Within ten (10) working days after submission of the appeal or receipt o
written advisory opinion of the arbitrator, the City Manager shall make the
final and binding decision to sustain, revoke or modify the decision of the
appointing authority who took the disciplinary action against the employee.
Section 11.07 Temporary Absence '1,1 th Pay
Notwithstanding the provisions of this section, upon the recommendation of the
appointing authority, the City Manager may approve the temporary assignment of
an employee to the status of absent with pay pending conduct or completion of
such investigations or hearings as may be required to determine if disciplinary
action is to be taken. Such status shall be conditioned such that the employee
remain available and in daily telephone contact with the employer.
RULE 12 GRIEVANCE PROCEDURE
Section 12.01 Matters Subject to Grievance Procedures
A grievance shall be a written notice, filed in a timely manner by an employee on
his/her own behalf, contending that the City has violated or misapplied a specific
obligation expressed and/or written in the Personnel Rules and Regulations of the
City. Personnel Division staff is available to assist Department Heads in such
matters as the interpretation of Rules, documentation procedures and preparation
of notices as requested.
Section 12.02 Notification of Grievance
A grievance shall be submitted in writing on a form provided by the City which
shall include at a minimum:
a) Nature of the grievance;
b) Date when the incident occurred;
c) Description of the incident;
d) Rule violated; and
e) SpecIfIc remedy sought by the employee.
Section 12.03 Steps In the Grievance Process
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First Step
Within five (S) working days after the occurrence of the incident involved in the
grievance, the employee may file a grievance form with the employee's immediate
supervisor. An attempt shall be made to resolve the grievance between the
employee and his/her designated representative, if any, and the immediate
supervisor. The supervisor shall deliver a written answer within five (S) workin
days after submission of the grievance.
Second Step
If the grievance is not satisfactorily resolved in the first step, the grievance may
be submitted to the supervisor's supervisor, if any, within the departm eot
organization within five (5) working days after the immediate supervisor's answer
is received by the employee. After an attempt to resolve the grievance between
the employee and his/her designated representative, if any, the intermediate
supervisor shall deliver a written answer within five (5) working days after
submission of the grievance. If there is no intermediate supervisor, the grievance
shall go directly to the department head.
Third Step
If the grievance is not satisfactorily resolved in the first and second steps, it shall
be submitted in writing to the employee's department head within five (5) working
days after the intermediate supervisor's answer is received by the employee. The
department head shall meet with the employee and his/her designated
representative, if any, within ten (10) working days after submission of the
grievance to the department head. The department head shall review the
grievance and may affirm, reverse or modify the disposition made at the first and
second steps and shall deliver a written answer to the employee within five (5)
working days after said meeting.
Section 12.04 Appeal of Decision
If the grievance is not satisfactorily resolved, the employee may appeal the
decision of the department head to the City Manager. At the option of the
employee, the grievance may be submitted:
a. Directly to the City Manager, or
b. To an impartial arbitrator who will provide an advisory opinion to the City
Manager prior to the consideration of the grievance by the City Manager.
When the appeal is submitted to the City Manager, it shall specify whether the
employee desires to have the appeal considered directly by the City Manager or
reviewed first by an impartial arbitrator. Such submission must occur within ten
(10) working days after the department head's written answer is received.
Section 12.05 Advisory Arbitration
An employee may elect to use an impartial arbitrator to provide an advisory
opinion to the CIty Manager prior to the consideration of the grievance by the
City Manager. After a hearing on the merits of the grievance and considering
evidence from all parties concerned, the Impartial arbitrator shall submit a
written advisory opinion to the City Manager.
WIthIn ten (10) working days after receipt of the written advisory opinion of the
impartial arbitrator, the City Manager shall meet with the employee and his/her
designated representative, if any, and other appropriate persons to assess the
grievance. The City Manager may affirm, reverse or modify the disposition of the
grievance. The City Manager shall deliver a written decision to the employee
within five (5) working days after said meeting, and such decision shall be final and
binding on all parties.
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If an employee elects to use an impartial arbitrator, the arbitrator shall be
selected jointly by the employee and his/her designated representative, if any, and
the City. The cost of the arbitrator, if any, shall be born equally by the employee
and the City.
Section 12.06 City Manager
An employee may elect to submit the grievance directly to the City :Manager for a
final and binding decision. Within ten (10) working days after submission of th- —
grievance to the City Manager, the City Manager shall meet with the employe
and his/her designated representative, if any, and other appropriate persons t
assess the grievance.
The City Manager may affirm, reverse or modify the disposition of the
grievance. The City Manager shall deliver written decision to the employee within
five (S) working days after said meeting, and such decision shall be final and
binding on all parties.
Section 12.07 Extension of Time
Any or all of the time limitations mentioned above with reference to filing and
response times may be extended by mutual agreement between the employee and
the City.
RULE 13 Safety
Every employee is entitled to a safe and healthful place in which to work. To this
end, every reasonable effort will be made in the interest of accident prevention,
fire protection and health preservation.
The City will maintain a safe and healthful work place. It will provide safe
working equipment, necessary personal protection, and, in case of injury, provide
first-aid as appropriate.
The City will exert every effort to abide by all regulations as they pertain to
governmental agencies which are set forth in federal and State standards, and
good practices as dictated by location and circumstances.
It is the employee's duty to comply with safety and health standards and all rules,
regulations and orders applicable to employee's actions and conduct.
It Is the employee's responsibility to identify safety concerns and report them
immediately to the employee's supervisor so that the City may investigate and
provide corrective action as necessary.
RULE 14 SEXUAL HARASSMENT POLICY
Page 34
It is the policy of the City that all employees should enjoy a working environment
free from all forms of discrimination, including sexual harassment. All employees,
both male and female, shall be free from subjection to unsolicited and unwelcome
sexual advances, requests for sexual favors and other verbal or physical conduct c `
a sexual nature.
119
It is against City policies for any employee, male or female, to sexually harass
another by 1) making submission to such conduct either explicitly or implicitly a
term or condition of an individual's employment; 2) making submission to or
rejection of such conduct a basis for employment decisions affecting such
individual; 3) creating an intimidating, hostile or offensive working environment;
4) intentionally, or as a result of such conduct, to substantially interfere with an
individual's work performance.
The City will enforce disciplinary action against any person who threatens or
insinuates, either explicitly or implicitly, than an individual's refusal to submit to
sexual advances will adversely affect the individual's employment, evaluation,
wages, advancement, assigned duties, shifts, or any condition of employment or
career development. This discipline can include termination.
RULE 15 ATTENDANCE AND ABSENTEEISM
Attendance
Employees shall be in attendance in accordance with these rules and regulations
governing hours of work, leaves and holidays. All departments shall maintain
attendance records of all employees.
Each employee will be at work and ready to work at starting time and will work
until quitting time. Habitual tardiness will be a matter for disciplinary action.
Absenteeism
Any employee who is absent from work shall be responsible for notifying the
supervisory in a timely manner indicating when the employee will report back to
work. Any employee who fails to comply with this rule will be subject to
disciplinary action.
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