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Resolution Number 83-8-16-6RESOLUTION NO. 83-8-16-6 AMENDING PERSONNEL RULES AND REGULATIONS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 82-9-21-3, THE CITY'S PERSONNEL RULES AND REGULATIONS 103 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, Memoranda of Understanding executed between the City and affected employee associations and organizations for Fiscal Year 1983-84, declare that said bodies, after meeting and conferring in good faith, have reached mutual understanding and agreement as to the amendments set forth herein; and, WHEREAS, the orderly administration of the personnel management affairs of the City requires that amendments be made to Resolution No. 82-9-21-3, the City's 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 delete Rule 6.0, Employee Benefits, of Resolution No. 82-9-21-3, and in place thereof, does hereby approve and adopt Rule 6.0, Employee Benefits, attached hereto as Exhibit "A". PASSED, APPROVED AND ADOPTED this 16th day of August 1983 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None 1"IW4�z ANTHONY L. LAND, MAYOR ATTEST: CITI��G -1- O4, STATE OF CALIFORNIA 1 COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, 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. g3-8-16-6 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day of August 1983 (SEAL) RY ANN NOVE ; CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 79-2-21-7 and on the 19th day of At,g„Gt 1983 she caused to be posted: RESOLUTION NO. 83-8-16-6 being: AMENDING PERSONNEL RULES AND REGULATIONS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 82-9-21-3, THE CITY'S PERSONNEL RULES AND REGULATIONS in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. CHECK LIST ORD. NO._._._.-. RES. NO.._ .... .. %.. Mayor has signed Z�.. Clerk has signed ---Z. City Seal stamped ....... All blanks typed in ..Absent" ....... .Noes ---- ........... ..._---...----- ....... _......... Typed in Official Record Book — ....... .... Posted to Classified Cgros ----------- Copies sent to.. 2l1S .. .3}../,.(.e_..�-------- s . �lIrf... -zG--- ............... Legal Publication orsered to be published (date) - ---------- ........_._.................... .........--- No. Affidavits ..... _---- _.------------ --------- ----...... No. Printed copies required ......... /./_..._._... i -2- jtnmark¢.__................._... ------ ■ MARY A N �,CITY CLERK San Juan apistrano, California 105 EXHIBIT "A" 6.1 Vacation: All permanent employees shall accrue annual working hours of vacation monthly according to the following schedules: a) Management Employees Length of Service Annual Hours Accrued 0-3 years 80 4-10 years 120 more than 10 years 160 Accrual at the next highest incremental rate shall commence on the first day of the fourth and eleventh year of employment, respective- ly. The maximum amount of vacation time which may be accrued by manage- ment employees and used for time -off shall be 300 hours; any accumu- lation of hours above 300 shall be forfeited by the employee. The maximum amount of vacation time that 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 ensure that employees utilize credited vacation leave within the limitation set forth herein. b) Classified Employees - (Non -Management) Length of Service Annual Hours Accrued 0-3 years 80 4-7 years 128 8-10 years 144 more than 10 years 160 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 classi- fied employees at any time shall be 240 hours; any accumulation of hours above 240 shall be forfeited by the employee. It shall be the responsibility of the employee and the department head to ensure that employees utilize credited vacation leave within the limitation set forth herein. c) Permanent Part -Time Employees Permanent part-time employees shall be eligible to accrue vacation credit on a pro -rata formula based on the number of hours worked and accrual rate as provided classified employees (i.e., 20 hours per week equals one-half vacation accrual rate). 106 The maximum amount of vacation time which may be accrued by permanent part-time employees at any time shall be 240 hours; any accumulation of hours above 240 shall be forfeited by the employee. It shall be the responsibility of the employee and the department head to ensure that employees utilize credited vacation leave within the limitations set forth herein. All Employees - The total vacation allowance shall be based upon the number of months of City service computed to the nearest half month. In the event one or more municipal holidays fall within a vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. The time during the calendar year at which an employee may take vacation shall be determined by the department head but with due regard for the wishes of the employee and particular regard for the needs of the City. An eligible employee shall accrue vacation beginning with date of hire but may not utilize such during the first six months of employ- ment. In the event that an employee is terminated from employment with the City after the satisfactory completion of a probationary period, such employee shall be paid for any accrued vacation leave and compensatory time off which has accrued within the limits specified above. 6.2 Holidays: The following holidays are to be observed by the City: a) New Year's Day - January 1 b) Lincoln's Birthday - February 12 c) Washington's Birthday - Third Monday in February d) Memorial Day - Last Monday in May e) Independence Day - July 4 f) Labor Day - First Monday in September g) Admission Day - September 9 h) Veteran's Day - November 11 i) Thanksgiving Day - Fourth Thursday in November j) The day following Thanksgiving Day k) Christmas Day - December 25 1) Floating Holiday (10 hours) Whenever a holiday falls on a Sunday not scheduled as a regular workday, the following Monday shall be observed as the holiday. Whenever a holiday falls on a Saturday not scheduled as a regular workday, 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. The floating holiday will be credited July 1 and must be taken by the following June 30 to avoid forfeit. 10'7 6.3 Sick Leave: Sick leave with pay shall be granted each permanent full time employee at the rate of eight hours per month (96 hours per calendar year). Unused sick leave may accumulate to an un- limited amount. Permanent part-time employees shall be eligible to accrue sick leave at one-half the rate of permanent full time employees. Temporary employees shall not be eligible for sick leave benefits. In addition to pay for time of personal illness or injury, eligible employees may utilize a maximum of forty-eight (48) hours of accum- ulated sick leave with pay when: (1) An employee's presence is required elsewhere because of family medical or dental appointments, sickness, disability, or death of a member of his/her immediate family. (2) An accident or emergency occurs involving the employee's person or property, or the person or property of a member of the employ- ee's immediate family, and is of such a nature that the employee's presence is required during his/her workday. (3) The employee is required to appear in court as a litigant or as a witness under an official order. (4) Sick leave time for a personal emergency may be charged not to exceed twenty-four (24) hours per fiscal year for any emergency not included in the three preceding examples. The department head may require evidence in the form of a physician's certificate, or otherwise, of the adequacy of the reason for any employee's absence during the time for which sick leave was requested. Any employee absent from work for a period of three (3) consecutive workdays due to illness or accident may, at the discretion of the department head, be required at the City's expense to submit to a physical examination before returning to work. Such physical examin- ation shall be performed by a physician stipulated by the City. Sick leave shall not be used in lieu of or in addition to vacation for the intent of extending vacation. It will be the responsibility of each department head to periodically review the use of sick leave in his/her department. Use of sick leave by each employee may be used as a factor in determining employee per- formance for each employee evaluation. Whenever any person is compelled to be absent from employment with City on account of injury arising out of and in the course of City employment as determined by 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 his/her gross pay. An employee in such instance may also elect to use any earned vacation time and compensatory time off in a like manner. Absence for illness may not be charged to sick leave not already credited. City employees who terminate employment with the City shall be compensated in cash for unused sick leave 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. 6.4 Bereavement Leave: Every permanent full time employee shall be eligible to twenty-four (24) non -chargeable hours, or forty (40) non -chargeable hours if out-of-state travel is required, on account of the death of any member of his/her immediate family. New probationary, temporary and part-time employees shall not be eligible to bereavement leave. Promotional probationary employees are entitled to bereavement leave. 6.5 Educational Reimbursement: Permanent full time employees who under- take courses of study authorized by the Personnel Officer which will benefit their positions with the City shall be reimbursed for tuition and books, provided that the employee completed the course with a passing grade and fulfills other requirements set forth by the Personnel Officer. 6.6 Overtime Compensation: 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. In the event a City employee is called back for unscheduled emergency duty, he/she will receive compensation at a rate of time -and -one-half his/her regular hourly rate or a minimum of two (2) hours pay for such service. In determining the full amount of time, the employee shall compute his/her time to the nearest half-hour. 6.7 Management Leave: All employees designated as Management are not eligible for overtime pay for working hours over and above the normal work schedule. Employees so designated shall be entitled compensatory 109 management leave. Each management employee shall accrue sixty-four (64) hours additional leave per year as compensation worked over and above the normal work schedule. Leave accrues from July lst to June 30th, and must be taken as time off prior to the end of the calendar year or such leave is forfeited, and in the event a employee termi- nates with the City shall not be compensable. Compensatory Leave may be taken at any time on approval of the appointing authority. 6.8 On -the -Job Injury Leave: Whenever an employee is compelled to be absent from active duty due to an injury or 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; and b) Supervisory personnel have been properly notified of such injury or disability 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.