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Resolution Number 72-3-27-3232 RESOLUTION ND, 72-3-27-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ES'iABLISHING I1ULES FOR A PERSONNEL MANAGEMENT SYSTEM FOR THE CITY Whereas the City Council is authorized and directed under the provisions of Ordinance No 194 to adopt personnel rules for the administration of the personnel management system created in this Ordinance. Now therefore be it resolved that the City Council of the City of San Juan Capistrano does hereby adopt the- following he-following rules: _ RULE 1. PURPOSE OF THE PERSONNEL MANAGEMENT SYSTEM It is the intent of. the City Council that these personnel rules facilitate a modern personnel management system, including an effective staff selection, development, and utilization program. This includes fair and equitable treatment of all persons seeking employment with the City and the development of increased staff proficiency through learning while in the City's service. Utilization includes job assignments that serve the mutual needs of the organ- ization and the employee, and the establishment of expected standards of performance. The personnel management system is an integral part of the total management process. It is the purpose of these rules to set forth the policies, principles, and procedures to be followed by the City of San Juan Capistrano in the administration of its personnel management system. These rules should facilitate efficient and economical service to the public, insure equitable treatment for those who compete for original appointment and promotion, and define the obligations, rights, privileges, and benefits applying to employees in the classified service of the City. RULE II. DEFINITION OF TERMS These definitions supplement those in Ordinance No. 194. 1. "Advancement": a salary increase within the Limits of a pay range established for a class. 2. "Allocation": the assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised. 233 -2- 3. "Board": the City Council acting as the Personnel Board. 4. "Eligible": a person whose name is on an employment list. 5. "Employment List": a) Open Employment List: a list of names of persons who have been chosen as a result of a selection process open to both persons in the classified service and those not currently working for the City. b) Promotional Employment List: a list of names of persons developed as a result of a selection process in which only persons in the City's service have been permitted to compete. c) Reemployment List: a list of names of probationary and regular employees who nave been laid off or demoted in lieu of layoff. 6. "Extra Help Positions": those positions designated by the City Council, which are occupied on less than a year -round basis to meet seasonal or peak work loads, emergencies of limited duration, vacation relief, or similar situations. 7. "Personnel Ordinance": Ordinance No 194 which creates the personnel management system for the City. RULE III. GENERAL PROVISIONS Section 1. Fair Employment: No questions in any part of the selection process including the application form or any questions by any appointing authority shall be so framed as to attempt to elicit information concerning race, color, ancestry, national origin, religious creed, or political opinions or affiliations of an applicant. No appointment to or removal from a position in the classified service shall be affected or influenced in any manner by any consideration of race, color, ancestry, national origin, religious creed or political affiliation or opinion. Section 2. Violation of Rules: Violation of the provisions of these rules shall be grounds for rejection, suspension, demotion, or dismissal. Section 3. Amendment and Revision of Rules: Amendments and revisions may be suggested by any affected party and shall be submitted to the Personnel Officer for evaluation. Recommendations for amenciments and revisions of these rules may also be made by the Personnel Officer. Prior to consideration, any proposed amendment or revision shall be duly published as the City Council shall prescribe for at least ten consecutive days together with notice of the time, place and date of hearing by the City Council. At the time of consideration, any interested person may appear and be heard. Amendments and revisions shall become effective upon adoption by the City Council following such hearing. — RULE 1V. PERSONNEL BOARD Section 1. Meetings: The Personnel Board may hold regular meetings at such time and place within the City as shall be designated by the chairman of the Board. Any regular meeting may be adjourned to a certain time and to a place designated by the chairman or a majority of the members of the Board. A majority of the members of the Board shall constitute a quorum for the transaction of business. Meetings shall be conducted in accordance with such rules and procedures as may be adopted by the Personnel Board. Section 2. Public Hearings: Meetings of the Personnel Board shall be conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. and shall be open and public, provided that hearings relating to the appointment, employment or dismissal of a City employee or a complaint or charge brought against an officer or employee of the City shall be held in private unless such officer or employee requests a public hearing. The Board may exclude from any such public or private meeting, during the examination of witnesses, any or all other witnesses in the matter being investigated by the body. The meeting need not be conducted according to technical rules relating to evidence and witnesses. RULE V. CLASSIFICATION Section 1. Preparation of the Plan: The Personnel Officer, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the classified service and, after consulting with appointing authorities shall recommend a classification plan for such positions. The classification plan shall consist of classes of -4 - positions in the classified service defined by descriptive class specifications. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority and character of work are included within the same class, and that the same title, qualifications for employment, and the same schedule of compensation may be made to apply with equity under like working conditions to all positions in the same class. Section 2. Adoption, Amendment, and Revision of Plan: The classification plan shall be adopted and may be amended from time to time by resolution of the City Council. During the process of consideration, any interested party may appear and be heard. Amendments and revisions of the plan may be suggested to the City Council by any affected party and shall be submitted through the Personnel Officer. Notice of City Council consideration of the proposed classification plan, amendments, or revisions shall be duly published at least ten days prior to City Council action. Section 3. Allocation of Positions: Following the adoption of the classification plan, the Personnel Officer shall allocate every position in the classified service to one of the classes established by the plan. Section 4, New Positions: When a new position is created by the City Council, before it may be filled, the appointing authority shall notify the Personnel Officer, and, except as otherwise provided by ordinance or these Rules, no person shall be appointed or employed to fill any such position until the classification plan shall have been amended to provide therefor and an appropriate employment list established for such position, Section 5. Reallocation: Positions, the duties of which have changed materially so as to necessitate reallocation to new classes or classes already created, shall be reallocated by the Personnel Officer to a more appropriate class. Reallocations shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, -5 - RULE VI. COMPENSATION Section 1. Preparation of the Plan: The Personnel Officer, or a person or agency employed for that purpose, shall prepare a compensation plan covering all classes of positions in the classified service. a) The compensation plan shall prescribe for each class of positions a flat rate of pay or a salary range with minimum and maximum rates of pay. b) In arriving at such salary rates or ranges, consideration shall be given to prevailing rates of pay for comparable work in private employment and other public agencies in the area of recruitment appropriate for the type of employment. Consideration shall also be given to the duties and responsibilities of one class of work in relationship to those of another in the same general occupational field and should reflect comparable levels o`f duties and responsibilities. It shall be the responsibility of the City Council to determine the financial feasibility of any proposed compensation plan at the time of adoption or amendment of the plan. Section 2. Adoption of the Plan: The Personnel Officer shall submit the proposed compensation plan to the City Council. The Council shall, by resolution, adopt or amend the proposed plan. Thereafter no position shall be assigned to a salary higher than the maximum or lower than the minimum salary provided by that class of positions. Section 3. Maintenance of the Compensation Plan: The Personnel Officer, or the person or agency employed for that purpose, shall make such further studies of the compensation plan as may be ordered by the City Council. Requests for such studies may be made by the Personnel Officer, any appointing authority, or any affected person or organization. Section 4. Administration of. the Compensation Plan; a) All employees occupying a full-time position in the classified service shall be paid a salary either at a flat rate of pay or at one of the steps within the range established for that class. The minimum salary rate for the class normally shall apply to employees upon original. appointment to the City service. When the Personnel Board, on recommendation of the Personnel Officer, finds that an appointment above the minimum im step is essential to recruit a person with special skills in short supply or is necessary for reasons of equity in an unusual case and in the City's best interests, the Board may authorize appointment at any higher step within the range. b) When a salary range for a class is changed by the Council, all employees whose positions are allocated to this class shall be adjusted to the corresponding step in the new salary range. If the salary range for a class is adjusted by the Council to a lower amount, the Council shall have the option of allowing incumbents to retain their current salary rate, even though above the new maximum rate. No further salary increase may be granted until the incumbent promotes to a higher class or the salary range is later adjusted upward to encompass the dollar amount of salary the incumbent is allowed to retain. c) An employee whose position is moved from one class to another with the same salary range shall receive no change in salary rate and his salary anniversary date shall not change. d) When an employee is promoted to a higher salaried class, he shall receive the step in the higher salary range which affords him a one-step increase. In no event, however, shall he receive less than the minimum step of the higher salary range. e) When an employee is moved from one class to another class with a lower maximum salary rate, his new salary rate shall be determined as provided herein. 1) If the action results solely from a reallocation of the position, the Personnel Officer may assign the employee to the same step in the lower class that he held in the higher class salary range and allow the employee to retain his salary anniversary date. Upon recommendation of the appointing power, however, the Personnel Officer may allow the employee to retain the same dollar amount of salary (even though above the maximum rate for the lower class). The employee shall be entitled to no further salary advancement until he moves to a higher class or the range for his class is adjusted upward sufficiently to encompass the dollar amount he is allowed to retain. -7- 2) If the action is for disciplinary purposes, the Personnel Officer may, on recommendation of the appointing power, assign the employee to any lower step in the lower salary range, (but not below the minimum step) and the salary anniversary date may be changed if deemed appropriate. 3) If the action results from a demotion in lieu of layoff, the employee shall receive the same step in the lower class that he received in the higher class. 4) If special reasons of equity exist, the Personnel Officer may authorize an appropriate step within the lower range, but not at a higher dollar amount than the employee received in the higher class. f) Persons reemployed after layoff shall receive an equitable rate within the range established for the class as agreed upon by the appointing power and the employee concerned and approved by the Personnel Officer. g) No salary advancement shall be made so as to exceed the maximum rate established in the pay plan for the class to which the employee's position is allocated. Advancement shall not be automatic but shall depend upon increased service value of an employee to the City as shown by recommendations of his supervisor, length of service, performance record, special training undertaken, or other pertinent evidence. (1) Employees appointed at the minimum step of a salary range shall be eligible for advancement to the second step in the salary range upon the completion of six months of satisfactory service. Thereafter, movement to higher steps within the range shall require minimum service of at least one year. Upon demonstration by an employee of unusual. productivity or accomplishments or clear evidence of unusual merit or performance of an employee, an appoint.inc;'pcnv r may recommend, for approval by the Personr2el.01ii, and the Board, a salary advancement of one ien rii_ less than one year of service. (2) The date of salary advancement shall be known as the employee's "salary anniversary date". Such nates will change only when an employee is promotel, demoted, or reinstated after resignation, In such cases, the new h) anniversary date shall be the effective date of the promotion, demotion, or reinstatement. (3) The salary anniversary date shall be the first of the month following eligibility. When salary range changes, promotions, salary advancements, or other such personnel actions affecting an employee are effective on the same day, the actions shall be taken in order most favorable to the employee. Employees working less than full-time shall be subject to the following provisions: (1) An employee working on a regular year- round basis shall be paid a monthly salary proportionate to the full-time rate as the hours he works weekly bears to the full-time weekly work schedule. (2) An employee working in a position designated as "Extra Help" shall be paid the hourly rate for the first step of the salary range for the class of work involved, as shown in the current Salary Range Schedule. The City Council may, by resolution or minute order, otherwise provide to meet special conditions, including those emergency situations in which no class exists. i) Employees who are separated from City employment on a date prior to completing their regularly scheduled month shall be paid for all hours worked during that month including any holidays falling within that period. j) When in the judgement of the City Council, it becomes necessary or desirable to use City employees in capacities other than their regular City employment, the Council may, by minute order, authorize and fix an additional rate of compensation for such employees for the desired period. The additional compensation shall be paid upon presentation of a claim in the prescribed manner. RULE VII. APPLICATIONS AND APPLICANTS Section 1. Announcement: Recruitment efforts for classes in the classified service shall be brought to the attention of potential applicants by various suitable means including posting on bulletin boards in prominent places or advertisements in a newspaper -9- of general circulation in the City. The announcement shall specify the title and salary range for the class; the nature of the work to be performed; the preparation desirable for the performance of the work of the class; the date, time, place, and manner of making application; and other pertinent information, Section 2. Application Forms: Applications shall be made on forms provided by the Personnel Officer. Such forms shall require information covering training, experience, and other pertinent data. They may include certifications by one or more examining physicians, request for references, and fingerprinting requirements. All applications must be signed by the person applying. Section 3. Disqualification: Applications may be rejected if the applicant is physically unfit for the performance of the duties of the position to which he seeks appointment; is addicted to the habitual, excessive use of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has made any false statement of any material fact, or practiced any deception or fraud in his application. Whenever an application is rejected, notice of such rejection with statement of reason shall be mailed to the applicant by the Personnel Officer. Defective applications may be returned to the applicant with notice to amend them, providing the time limit for receiving applications has not expired. RULE VIII. THE SELECTION PROCESS Section 1. Selection Methods: The selection techniques used shall be impartial and relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities of the applicants to execute the duties and responsibilities of the class to which they seek to be appointed. The selection techniques shall be such as will test fairly the qualifications of candidates. They may include, but are not necessarily limited to, written achievement and aptitude tests, performance tests, physical agility tests, personal interviews, evaluation of daily work performance, work samples, medical tests, successful completion of prescribed training, or any combination of these or other requirements. -10 - All. selection devices used shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirements, and by insuring that all candidates will be able to understand and respond to any test questions or any instructions involved. The probationary period shall be considered as an extension of the selection process. Section 2. Promotional Selections: Promotional selections may be conducted whenever, in the opinion of the Personnel Officer, this method will best serve the needs of the City. They may include any of the selection techniques mentioned in Section 1 of this Rule or any combination of them. Only regular employees who meet the requirements set forth in the announcement of the vacancy may compete in promotional selections. Section 3. Conduct of Selection Process: The City Council may contract with any competent agency or individual for the preparing and/or administering of a selection process. In the absence of such a contract, the Personnel Officer shall see that such duties are performed. The Personnel Officer shall arrange for the use of public, buildings and equipment for the conduct of all parts of the selection process. Section 4. Scoring and Qualifying Scores: A candidate's score in a given selection process shall be the average of his scores on each competitive part of the process on which he qualified, weighted as shown in the announcement. The Personnel Officer may, at his discretion, include as a part of the selection process any selection devices which are qualifying only. Section 5. Notification of Results and Authorized Review: Each candidate in a selection process shall be given written notice of the results thereof and, if successful, of his final earned score and/or rank on the employment list. Any candidate shall have the right to inspect his written examination -11 - answers within five working days after the notice of such examination results were mailed. Any error in computation, if called to the ati.cnLion of the Personnel Officer within this period, shall be corrected. Such corrections shall not, however, invalidate appointments previously made. RULE IX. EMPLOYMENT LISTS Section 1. As soon as possible, after completion of,a selection process, the Personnel Officer shall - prepare and keep available an employment list consisting of the names of candidates who qualified, arranged in order of final scores, from the highest to the lowest qualifying score. Section 2. Duration of List: Employment lists shall remain in effect for one year, unless sooner exhausted or abolished by the Personnel Officer upon the recommendation of an appointing authority. Such lists may be extended, prior to their expiration dates,'by action of the Personnel Officer, for additional periods, but in no event shall an employ- ment list remain in effect for more than two years. Section 3. Reemployment Lists: The names of probationary and regular employees who have been laid off shall be placed on appropriate reemployment lists as provided in the Personnel Ordinance. When a reemployment list is to be used to fill vacancies, the Personnel Officer shall certify all the names on the list for consideration by the appointing power. Section 4. Removal of Names From List: The name of any person appearing on an open employment, reemployment, or promotional employment list shall be removed by the Personnel Officer if the eligible requests in writing that his name be removed, if he fails to respond to a notice of certification mailed to his last known address, or for any of the reasons specified in Rule VII, Section 3, of these Rules. The person affected shall be notified of the removal of his name by notice mailed to his last known address. The names of persons on promotional employment lists 243 -12-- who resign from the City service shall automatically be dropped from such lists. RULE X. METIIOD OF FILLING VACANCIES Section 1. Types of Appointment: All vacancies in the classified service shall be filled by reemployment, transfer, demotion, reinstatement, or from eligibles certified by the Personnel Officer from an appropriate employment list, if available. In the absence -of persons eligible for appointment in these ways, provisional appointments may be made in accordance with the Personnel Ordinance and these Rules. Section 2. Notice to Personnel Officer: If a vacancy in the classified service is to be filled, the appointing power shall notify the Personnel Officer in the manner prescribed. If there is no reemployment list available for the class, the appointing power shall have the right to decide whether to fill the vacancy by reinstatement, transfer, demotion, appointment from a promotional employment list, or appointment from an open employment list. Section 3. Certification of Eligibles: Certification shall be made from an appropriate employment list, provided eligibles are available. When there is a vacancy to be filled, the Personnel Officer shall certify from the specified list the names of all individuals willing to accept appointment. Whenever there are fewer than three such names on a promotional or open employment list, the appointing power may make an appointment from among such eligibles or may request the Personnel Officer to establish a new list. When so requested, the Personnel Officer shall hold a new examination and establish a new employment list. Section 4. Appointment: The appointing power shall make appointments from among those certified, and shall immediately notify the Personnel Officer of the persons appointed. The person accepting the appointment shall present himself to the Personnel Officer or his designated representative for processing on or before the date of appointment. If the applicant accepts the appointment and presents himself for duty within such period of time as the appointing power shall prescribe, lie shall be deemed appointed; -13- otherwise, he shall be deemed to have declined the appointment, Section 5. Provisional Appointment: In the absence of there being names of individuals willing to accept appoint- ment from an appropriate employment list, a provisional appointment may be made by the appointing authority, with the approval of the City Manager, of a person meeting the training and experience qualifications for the position. Such an appointment also may be made during the period of suspension of an employee; or, pending final action on proceedings to review suspension, demotion, or discharge of an employee. A provisional employee may be removed at any time without the right of appeal or hearing. No special credit shall be allowed in meeting any qualifications or in the giving of any test or the establishment of any employment list, for service rendered under a provisional appointment. RULE XI. PROBATIONARY PERIOD Section 1. Regular Appointment Following Probationary Period: All original and promotional appointments shall be tentative and subject to a probationary period of not less than six months' service to be determined for each class by the Personnel Officer. The Personnel Officer shall notify the appointing authority and the probationer concerned two weeks prior to the ternitation of any probationary period. If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Personnel Officer his statement in writing to such effect and stating that the retention of such employee in the _ service is desired. Section 2, Objective of the Probationary Period: The probationary period shall be regarded as a part of the selection process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to his position. Section 3. Rejection of Probationer: During the probationary period, an employee may be rejected at any time by the 46 --14- appointing power without cause and without the right of appeal. Notification of rejection in writing shall be served on the probationer and a copy filed with the Personnel Officer, RULE XII TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT Section 1. Transfer: No person shall be transferred to a position for which he does not possess the desirable qualifications. Upon notice to the Personnel Officer, an employee may be transferred by the appointing power at any time from one position to another position in a comparable class. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Manager orders the transfer for purposes of economy and efficiency Transfers shall not be used to effect a promotion, demotion, salary advancement, or salary reduction, each of which may be accomplished only as provided in the Personnel Ordinance or these Rules. Section 2, Promotion: If consistent with the best interests of the City, preference in filling vacancies may be given to qualified candidates on existing promotional employment lists. Such preference would not normally be granted over an equally appropriate reemployment list for the class. Section 3. Demotion: The appointing power, with the approval of the Personnel Officer, may demote an employee whose ability to perform his required duties falls below standard or for disciplinary purposes. Upon request of the employee and with the consent of the appointing power, demotion may be made to a vacant position. No employee shall be demoted to a position for which he does not possess the desirable qualifications. Written notice of the demotion shall be given the employee before, or within three days after the effective date of the demotion, and a copy filed with the Personnel Officer. -15 - Section 4. Suspension: The appointing powei may suspend an employee from his position at any time for a disciplinary purpose. Suspension without pay shall not exceed 30 calendar days nor shall any employee be penalized by suspension for more than 30 calendar days in any fiscal year. Suspension shall be reported immediately to the Personnel Officer.' Any employee who has been suspended shall receive a written statement of the reasons for such action at the time of suspension and shall be entitled to a hearing if he so requests as provided in the Personnel Ordinance and these Rules. Section 5. Reinstatement: With the approval of the appointing power and the Personnel Officer, a regular employee or probationary employee who has completed at least six months of probationary service and who has resigned with a good record may be reinstated within one year of the effective date of resignation to a vacant position in the same or a comparable class. Upon reinstatement, the employee shall be subject to the probationary period prescribed for the class. No credit for former employment shall be granted in computing salary, vacation, sick leave or other benefits except on the specific recommendation of the appointing authority and the approval of the Personnel Officer at the time of reinstatement. RULE XIII. SEPARATION.FROM THE SERVICE Section 1. Discharge: An employee in the classified service may be discharged for due cause at any time by the appointing power. Whenever it is the intention of the appointing power to discharge an ^ employee, the Personnel Officer shall be notified. Any employee who has been discharged shall receive• a written statement of the reasons for such action at the time of discharge and shall be entitled to a hearing if he so requests, as provided in the Personnel Ordinance and these Rules. Section 2. Layoff: An employee in the classified service may be laid off under provisions of the Personnel Ordinance because of either the abolishment of his position or a determination by the City Manager that there is a shortage of work or funds. Ten ��7 -16- working days before the effective date of a layoff, the appointing authority shall notify the Personnel Officer of the intended action with reasons therefor. A copy of such notice shall be given the employee affected. Any employee laid off shall have his name placed on an appropriate reemployment list. Section 3. Resignation: An employee wishing to leave the classified service in good standing shall file with the appointing power a written resignation stating the effective date and reasons for leaving at least ten working days before leaving the service, unless such time limit is waived by the appointing power. A statement as to the resigned employee's performance and other pertinent information shall be forwarded to the Personnel Officer. Failure to give notice as required by this rule may be cause for denying future employment by the City. RULE XIV. APPEALS AND HEARINGS Section 1. Right of Appeal: Any employee in the classified service, excluding department heads, shall within five working days, have the right to appeal to the Personnel Board any disciplinary action, interpretation or alleged violation of the Personnel Ordinance except in instances where the right of appeal is specifically prohibited by the Personnel Ordinance or these Rules. Section 2. Method of Appeal: Appeals shall be in writing, signed by the appellant, and filed with the Personnel Officer, who shall, within five working days after receipt of the appeal, inform each member of the Personnel Board, the appointing power and such other persons or officers named or affected by the appeal, of the filing of the appeal. The appeal shall be addressed to the Personnel Board, explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant.wi.th his reasons therefor. The formality of a legal pleading is not required. -i7 - Section 3. Notice: Upon the filing of an appeal, the Personnel Officer shall set a date for a hearing on the appeal not less than ten nor more than twenty-two working days, from the date of filing. The Personnel Officer shall notify all interested parties of the date, time and place of the hearing at such places as the Personnel Board shall prescribe. Section 4. Investigation: Upon the filing of an appeal, the Personnel Board may make such independent investigation of the matter as it may deem necessary. The results of such investigation shall be made a part of the record of the proceedings and the appellant shall have the right to have a reasonable time within which to answer or to present evidence in opposition to the findings of this independent investigation. Section 5. Hearings: The appellant shall appear personally, unless physically unable to do so, before the Personnel Board at the time and place of the hearing. He may be represented by any person or attorney as he may select and may at the hearing produce on his behalf relevant oral or documentary evidence. Appellant shall state his case first, and at the conclusion, opposition matter may then be presented. Rebuttal matter not repetitive may be allowed at the discretion of the Personnel Board, Cross examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Personnel Board by its Chairman with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings shall be closed unless the appellant, in writing, requests an open hearing. Section 6. Findings and Recommendations: The Personnel Board shall, within ten working days after the conclusion of the hearing, certify its findings and recommendations in writing to the appellant and to the person, officer, or body from whose action the appeal was taken. The person, officer, or body from whose action the appeal was taken shall review the findings and recommendations of the Personnel Board and may then affirm, revoke or modify the action taken as, in its judgement, seems warranted and the action taken shall be final. Any member of the Personnel Board may submit a minority or supplemental finding and recommendation. In case of suspension, discharge or demotion, the appointing power shall reinstate any employee to his former status if proof is made that the action was for discriminatory reasons. RULE XV. TRAINING OF EMPLOYEES Section 1. Purpose of Training Program and Policy: It is the policy of the City to develop maximum efficiency in the performance of official duties by City employees by providing for the training of employees in the performance of their duties. Section 2. Personnel Officer to Establish City Training Programs: Each annual budget shall contain provisions for a training program prepared by the Personnel Officer in cooperation with each department head. Such program shall conform to the regulations prescribed in Section 3 of this Rule. Section 3. Personnel Officer to Promulgate Regulations: The Personnel Officer shall prescribe regulations containing the principles, standards and related requirements of the program for training employees of the departments. Such regulations shall provide for the maintenance of information concerning training activities in each department and such other information as may be necessary to enable the City Council and the Personnel Officer to discharge effectively their respective duties and responsibilities for supervision, control, review and evaluation of training and continuing education. Successful completion of approved training programs shall be considered in making promotions. Evidence of the completion of approved training programs shall be reported in such manner as the Personnel Officer may prescribe. From time -to -time and .in accordance with this Rule, the Personnel Officer may revise, -19- supploment, or prescribe additional regulations to implement the policies herein. Priority consideration shall be given to training sponsored by and conducted within the City service. Section 4. Limitations: Reimbursement to employees for training costs or other expenses incurred in undertaking job-related training and continuing education programs approved in advance, by the Personnel Officer may be made only upon successful completion of such course or program and only provided the educational experience was undertaken at an approved or accredited agency or institution. The Personnel Officer is authorized to prescribe such other limitations in accordance with this rule as be deems appropriate and is authorized to waive with respect to any department or any employee or employees any restrictions in this section, upon recommendation of a department head, if he believes that this is in the public interest. Notation of such waiver must be reported to the City Council. Section 5. Budget Review:, The City Council ,shall review the training program as part of the annual budget adoption process. As part of said review, the City Council shall find and determine the. training needs and, if fiscally possible, shall appropriate sufficient funds to meet said needs in the subsequent fiscal year. RULY XVI. REPORTS AND RECORDS Section_ 1. Personnel Record Cards: The Personnel Officer shall maintain a service or personnel record card _ for each employee in the service of the City showing the employee's name, title of each position held, the department to which assigned, salary, changes in employment status and such other information as may be considered pertinent. Section 2. Change of Status Report: Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of the employee shall be reported to the Personnel 251 -20- Officer in such manner as he may prescribe. Section 3. Destruction of Records: Personnel Record Cards and payroll records shall be kept permanently. All other records relating to personnel, including correspondence, applications, examinations, and reports may be destroyed after one year. RULE XVII. ATTENDANCE AND LEAVES Section 1. Attendance: Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported to the Personnel Officer in the form and on the dates he shall specify. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return, may be cause for immediate discharge and such employee automatically waives all rights under the Personnel Ordinance and these Rules. The depositing in the United States Mail of a first class letter, postage paid, addressed to the employee's last known place of address, shall be reasonable notice. Section 2. Military Leave: Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the appointing power an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Section 3. Leave of Absence Without Pay: The Personnel Officer may grant a regular or probationary employee a leave of absence without pay or seniority for not to exceed three months. After three months, the leave of absence may be extended if authorized by the City Council. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval shall be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time the leave was granted. 5 2 -21- Failure on the part of an employee on leave to report promptly at its expiration or within n reasonable time after notice to return to duty shall be cause for discharge. Under circumstances involving assignment of a City employee to another jurisdiction as part of a planned development program, the City Council may, by minute order, establish appropriate and equitable conditions for the assignment. Department heads may grant a regular or probationary employee a leave of absence without pay for not to exceed one calendar week. Such leave shall be reported to the Personnel Officer and shall not constitute a break in service. Section 4. Jury Duty: Every classified employee of the City who is called or required to serve as a trial juror shall be entitled to absent himself from his duties with the City during the period of such service or while necessarily being present in court as a result of such call. Any fees received as a result of such service, except mileage fees, shall be remitted to the City. Section 5. Vacation Leave: The purpose of annual vacation leave is to enable each eligible employee to return to his work mentally refreshed. a) All employees in the classified service shall be entitled to annual vacation leave with pay except the following: 1) Employees still serving their original Probationary period in the service of the City. _ Vacation credit will be given for such time, however, when the employee has served for six continuous months. 2) Employees who work on an extra help basis and employees who work less than half-time. b) All eligible employees shall earn vacation credits on the following schedule: 1) During the first through the fifth year of service, the earning rate shall be five -sixth of a working day a month. 2) During the sixth through the the tenth year of service, the eavnin;, rate shall be one and one quarter working days a mouth. 47) it -22- 3) During the eleventh year of service and thereafter, the earning rate shall be one and two-thirds working days a month. All eligible employees who work less than full time, but half-time or more, shall earn vacation credits on a pro -rated basis of the schedule shown in this Section 5 b). Each eligible employee shall be required to have served the equivalent of 12 months of continuous service in the City in order to be elibible to take the vacation leave for which he is eligible. The times during a calendar year at which an employee may take his vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. If the requirements of the service are such that the employee must defer part of his annual vacation in a particular calendar year, the appointing authority may permit the employee to take such deferred vacation during the following calendar year. No employee may accumulate more than 30 working days of vacation leave, except that in the case of department heads, the City Manager may authorize the accumulation of up to 45 working days of vacation leave in recognition of any extra unpaid hours worked by such department head. In the event one or more municipal holidays fall within an annual vacation leave, such holiday shall not be charged as vacation leave and the leave shall be extended accordingly, Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination,' Section 6. Sick Leave: Sick leave with pay shall be granted by the appointing authority at the rate of one work day for each calendar month of service. Sick leave shall not be considered as a privilege which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness and disability. Unused sick leave Z_C -23- shall be accumulated at the rate of one day per month with no limit on the amount accumulated. In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the Personnel Officer prior to or within four hours after the time set for beginning his daily duties, or as may be specified by the head of his department. When the absence is for more than two work days, the employee shall file a _ physician's certificate or a personal affidavit with the Personnel Officer stating the cause'of the absence. Absence from duty because of a personal emergency: An employee may use his accumulated sick leave in cases of personal emergency, not to exceed six days. Proof may be required to substantiate the personal emergency. Among reasons which shall be considered as personal emergency are the following: a) Death of a member of his immediate family. The immediate family as defined is the mother, father, grandmother or grandfather of the employee or of the spouse of the employee and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee or any relative living in the immediate household of the employee. This would be in addition to normal bereavement leave. b) Accident, involving his person or property or the person or property of a member of his immediate family and of such an emergency nature that the immediate presence of the employee is required during his workday. c) Appearance in court as a litigant, or as a witness under an official order. d) Serious or critical illness of a member of the _ immediate family, calling for services of a physician, and of such an emergency nature that the immediate presence of the employee is required during his workday. e) City employees who terminate employment with the City shall be compensated for unused sick leave based on the following: Less that 2 years None 2 - 15 years 25% 15 - 20 years :37-1/27, 20 or more 50% Compensation for unused sick leave shall be paid to a maximum of 100 days. -?4- 2 5f. Section 7. Personnel Bereavement Leave: Every person employed in a position requiring certification qualifications and every person employed in the classified service shall be granted three (3) days leave of absence, or five (5) days if out-of-state travel is required, on account of the death of any member of his immediate family. Members of the immediate family as used in this section means the mother, father, grandmother or grandfather of the employee or the spouse of the employee and the son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any relative living in the immediate household of the employee. No deduction shall be made from the salary of such employee on account of such leave of absence. Section 8. On -The -Job Injury: Whenever an employee sustains an industrial injury or disability arising out of, and in the course of employment and requires medical care, he shall obtain the initial treatment from any one of the physicians designated by the City Manager, for rendering the required industrial medical service. For subsequent treatments, the employee may be permitted one change of physician on request to and approval by such City Manager. Whenever an employee is compelled by the direction of his physician to be absent from duty on account of injury or disease arising out of and in the course of his employment he shall receive Injury Leave at full compensation for the first five (5) full work days of such absence, whether or not consecutive, that follow the first day of injury. A partial day of absence on the day of injury shall be considered a leave of absence with pay. If absence due to the injury extends beyond the Injury Leave of five days, sick leave, compensatory time and vacation accruals shall be used, in that order, in an amount sufficient to equal the difference between the compensation to which the employee is entitled under the Workmen's Compensation Act and his regular pay. A regular payroll check containing both the Workmen's Compensation benefits and the prorated sick leave, compensatory time and vacation accruals shall be issued on regular pay days. e56 -25- Section 9. holidays: City offices shall be closed on the following legal holidays: New Year's Day, Lincoln's Birthday, Washing -'ton's Birthday, Memox•ial Day, Independence Day, Admission Day, Labor Day, Veteran's Day, Thanksgiving Day, day after Thanksgiving Day, Christmas, Good Friday from twelve o'clock noon ' until three o'clock o.m. When a holiday falls on Sunday, the following Monday shall be observed and when a . .liday falls on Saturday the preceding Friday shall be observed. An - employee must be paid for all of the regularly scheduled working assignment immediately prior to and following a City holiday in order to receive holiday pay. Section 10. Hours of Work: All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturday, Sunday and holidays, continuously from 8:00 a.m. until 5:00 p.m, Full-time employees shall be required to work a minimum of eight hours a day and 40 hours a week. Department heads, with the approval of the City Manager, may establish different types of schedules so long as the minimum service is 40 hours a week. Exceptions to the 40 -hour week may be required in the case of certain types of employment. Employees for whom necessity requires a different schedule than that generally applied shall work according to regulations prepared by their department head and approved by the City Manager. Work required by the appointing power for employees in the classified service in excess of the regular schedule during a calendar year shall be compensated on the following schedule. a) Overtime shall be compensated by equivalent time - off or cash, at the rate of time and one-half, the discretion of the City Manager, While there shall be no maximum limit on accumulation, every effort should be made to use any overtime during the month immediately subsequent to that in which it was accrued. All overtime must have prior approval by the City Manager, except in situations of dire and immediate emergency when he might not be available. Employees deemed a part of management, such as department heads, shall not be eligible for payment for time served in excess of 40 hours. Their annual compensation shall be deemed adequate for all services required. 257 -26- RULE XVIII. Cooperation of Officers and Employees: Every officer and employee of the City of San Juan Capistrano shall cooperate with the Persenucl Officer and the Personnel Board in order to fulfill completely the objectives and purposes of the Personnel Ordinance and these Rules. PASSED, APPROVED and ADOPTED by the City Council of the City of San Juan Capistrano at a regular meeting of the City Council held on the 27th day of March, 1972, by the following vote, to -wit: Ayes: COUNCILMEN: BATHGATE, THORPE, CHERMAK, GAMMELL and FORSTER NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE Thomas A. Forster, Mayor City of San Juan Capistrano ATTEST: Donald G. Weidner, City Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, DONALD G. WVEIDNER, City Clerk of the City of San Juan Capistrano, California hereby certify that the foregoing is a true and correct copy of a resolution of the City Council of the City, numbered 72-3-27-3, adopted by the City Council on the 27th day of March, 1972. i� _ �/ _��