HomeMy WebLinkAboutAGENDA REPORT 1999 0707 CC REG ITEM 10DAGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Steven Kueny, City Manager
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CITY OF MOORPARK, CALWORM
City Council Meeting
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ACTION: ue
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DATE: July 1, 1999 (CC Meeting of July 7, 1999)
SUBJECT: Consider Resolution No. 99- Establishing Personnel
Rules and Regulations for the Positions in the
Competitive Service and Rescinding Resolution
No. 85 -185
BACKGROUND
The City of Moorpark adopted its Personnel Rules for competitive
service employees in 1985. Since that time, it has been amended
by various Memorandums of Agreement with the employees
association (now SEIU Local 998) and modified in application to
conform to subsequent changes to federal and state laws and
regulations.
For the past eighteen months, the City has been working on an
update of the Rules to incorporate items previously agreed upon
by the City and Local 998 and to make other changes required by
federal and state laws, including Family Medical Leave Act
(FMLA) and the Pregnancy Disability Act. The updated Rules also
contain applicable items tentatively agreed upon by the City and
Local 998 to begin July 1, 1999. The Rules have gone through
several revisions; the version presented to the Council does not
show most of the changes in legislative format. A copy of
Resolution No. 85 -185 has been placed at the Council Desk.
The following is a recap of the major changes to the Personnel
Rules:
1. Section 1.3 Anniversary Date relative to an extended
probationary period.
000250
Agenda Report
Re: Personnel Rules Resolution
Page 2
July 1, 1999
2. Section 2.2 clarifies certain additional positions exempt
from the Rules.
3. Sections 4.2, 4.4, and 10.6 reflect the City's current nine
(9) step salary range with 2 1/2% between steps and changes
to the merit evaluation process.
4. Sections 3.6, 4.12.1 and 4.12.2 have been included from the
prior MOA.
5. Section 5.4 has been modified for clarification purposes.
6. Language from the prior MOA has been included in Section
9.3.
7. Section 12.8.1 has been modified to be consistent with
applicable case law.
8. Sections 13.4, 13.5, 13.7, 13.8, 13.10, and Rule 14 have
been modified over the years as part of prior MOAs and are
incorporated in the Rules.
9. Section 13.9 and 13.11 are consistent with applicable
federal and state laws. The City has adhered to these
laws, but these sections bring the City into conformity and
sets City policy where the applicable laws allow local
discretion.
10. Throughout the document, reference to "permanent employee"
has been changed to "regular employee."
STAFF RECOMONDATION
Approve Resolution No. 95- Establishing Personnel Rules and
Regulations for Positions in the Competitive Service and
Rescinding Resolution No. 85 -185.
SK:db
Attachment: Resolution with attached Personnel Rules
M: \ccagenda \Personnel Rules 1999
000257
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, ESTABLISHING PERSONNEL SYSTEM RULES AND
REGULATIONS FOR POSITIONS IN THE COMPETITIVE SERVICE AND
RESCINDING RESOLUTION NO. 85 -185
WHEREAS, the City Council is authorized and directed under the
provisions of Chapter 2.56 of Title 2 of the Moorpark Municipal
Code to adopt by resolution of the City Council rules for the
administration of the personnel system created in said chapter; and
WHEREAS, the objectives of these rules are to facilitate
efficient and economical services to the public and to provide for
an equitable system of personnel management in the municipal
government; and
WHEREAS, these rules set forth in detail those procedures
which insure similar treatment for those who compete for original
employment and promotion, and define many of the obligations,
rights, privileges and prohibitions which are placed upon all
employees in the competitive service of the City; and
WHEREAS, at the same time, within the limits of administrative
feasibility, considerable latitude shall be given the city Manager
and the Personnel Director in the interpretation of these rules;
and
WHEREAS, Resolution No. 85 -185 previously established
personnel system rules and regulations for the City, that are now
proposed to be updated and Resolution No. 85 -185 rescinded.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The City Council hereby adopts the Personnel
System Rules and Regulations for Positions in the Competitive
Service, attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2: Resolution No. 85 -185 is hereby rescinded in its
entirety.
SECTION 3: The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original Resolutions.
000258
Resolution No. 99-
Page 2
PASSED AND ADOPTED this 7th day of July, 1999.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: City of Moorpark Personnel System Rules and
Regulations for Positions in the Competitive
Service
000259
Resolution No. 99-
Page 3
EXHIBIT A
Resolution No. 99-
City of Moorpark
Personnel System Rules And Regulations
For Positions In The Competitive Service
000260
INDEX OF PERSONNEL RULES
RULE
1
DEFINITION OF TERMS
02
- 08
RULE
2
GENERAL PROVISIONS
08
- 14
RULE
3
CLASSIFICATION
14
- 17
RULE
4
COMPENSATION
17
- 24
RULE
5
APPLICATIONS AND APPLICANTS
24
- 25
RULE
6
EXAMINATIONS
25
- 26
RULE
7
EMPLOYMENT LISTS AND APPOINTMENTS
26
- 30
RULE
8
PROBATIONARY PERIOD
30
- 32
RULE
9
EMPLOYEE PERFORMANCE EVALUATION
32
- 33
RULE
10
EMPLOYEE LAYOFF POLICY AND PROCEDURES
33
- 35
RULE
11
TRANSFER, DEMOTION, SUSPENSION,
AND REINSTATEMENT
35
- 36
RULE
12
PRE - DISCIPLINE, DISCIPLINE AND APPEALS
PROCEDURES
36
- 44
RULE
13
ATTENDANCE AND LEAVES
44
- 62
RULE
14
WORKER'S COMPENSATION
62
- 68
RULE
15
GRIEVANCE PROCEDURES
68 -
70
RULE
16
EMPLOYEE REPORTS AND RECORDS
70 -
71
Personnel Rules 06 1999
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0002G1
RULE 1. DEFINITION OF TERMS
All words and terms used in this section and in an ordinance or
resolution dealing with personnel policies or procedures shall be
defined as they are normally and generally defined in the field of
personnel administration, and shall have the meanings as defined
herein below:
Section 1.1. "Advancement ": A salary increase within the limits
of a pay range established for a class.
Section 1.2. "Allocation ": The assignment of a single position
to its proper class in accordance with the duties performed, the
authority and responsibilities exercised, and the educational,
experience and other requirements; or the assignment of a class to
a salary range or rate.
Section 1.3. "Anniversary Date" or "Salary Anniversary Date ":
The date on which a probationary or regular employee completes
his /her probationary period, on the basis of at least satisfactory
job performance. The initial date is one (1) year from the date of
hiring and coincides with the end of the original probationary
period. If the probationary period is extended pursuant to the
applicable rules, then the "Anniversary Date" is the date on which
such extended probationary period ends.
Section 1.4. "Appointing Authority ": The City Manager and those
employees of the City to whom the authority to make appointments
has been delegated by the City Manager, unless otherwise designated
by state law or municipal code.
Section 1.5. "Appointment ": The employment of a person in a
position.
Section 1.6. "Base Salary" or "Base Rate of Pay ": The salary
range and step established in a salary resolution by the City
Council, exclusive of any overtime, shift - differential, incentive
or other type of premium pay an employee may receive.
Section 1.7. "Call Back Duty ": Occurs when an employee is
unexpectedly ordered by his /her department to return to duty
following the termination of his /her normal work shift or work week
and departure from his /her location because of unanticipated work
requirements.
Personnel Rules 06 1999
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Section 1.8. "Candidate": An applicant in the process of
examination and selection.
Section 1.9. "Certification ": Establishment of an Eligibility
List by the Personnel Officer and the submission of the eligible
names to the appointing authority.
Section 1.10. "City": Moorpark, California.
Section 1.11. "City Council" or Council ": Moorpark City Council.
Section 1.12. "Class ": All positions sufficiently similar in
duties, authority, and responsibility to permit grouping under a
common title in the application with equity of common standards of
selection, transfer, demotion and compensation.
Section 1.13. "Classification Plan ": The designation by
resolution of the City Council of a title for each class, together
with the specifications for each class, as prepared and maintained
by the Personnel Officer.
Section 1.14. "Class Specifications ": A written description of a
class, setting forth the essential characteristics, knowledge,
skills, abilities, and requirements of positions in the class.
Section 1.15. "Compensatory Time Off ": Time taken off, with pay,
from work in lieu of receiving payment for overtime previously
accrued by an employee.
Section 1.16. "Competitive Service ": All positions of employment
in the service of the city, except those specifically excluded by
the Personnel Resolution.
Section 1.17. "Continuous Service ": The employment, without break
or interruption, of an employee having a probationary or regular
appointment. A break or interruption in continuous service shall
be construed as a severance of the employee from his /her employment
initiated by either the City or the employee for periods of more
than fifteen consecutive calendar days.
Section 1.18. "Days": Means calendar days unless otherwise
stated.
Section 1.19. "Demotion ": The voluntary or involuntary movement
of an employee from a position in one class to a position in
another class having a lower maximum base salary.
Personnel Rules 06 1999
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000263
Section 1.20. "Departmental Rules ": Rules that departments may
establish relating to their specific operational needs. These
rules must conform to related laws and must not conflict with the
City's Personnel Rules.
Section 1.21. "Disciplinary Action ": The dismissal, demotion,
reduction in salary, suspension, required payment of restitution,
issuance of a written reprimand or verbal admonishment of a regular
or probationary employee for punitive reasons and not for any non -
punitive reasons.
Section 1.22. "Dismissal ": The involuntary separation of an
employee from City employment.
Section 1.23. "Eligible ": A person whose name is on an employment
list for a position in the Competitive Service, who may be
appointed to a vacant position, as provided by the Personnel Rules.
Section 1.24. "Employee": A person occupying a position in City
employment.
Section 1.25. "Employment List ":
a. Open employment list: A list of names of persons who
have taken an open- competitive examination for a class
which is in the Competitive Service and have qualified.
b. Promotional examination: An examination for a particular
class, which is open to all persons meeting the
qualifications for the class.
Section 1.26. "Examination ":
a. Open- competitive examination: An examination for a
particular class, which is open to all persons meeting
the qualifications for the class.
0
Promotional examination: An examination for
class, which
qualifications
is open only to employees
for the class.
a particular
meeting the
C. Continuous examination: An open competitive examination
which is administered periodically and as a result of
which names are placed on an employment list, in order of
final scores, for a period of not more than one year.
Personnel Rules 06 1999
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000264
Section 1.27. "Full -Time Employee ": An employee regularly
scheduled to work and occupying a full -time position.
Section 1.28. "Full -Time Position ": A position in the Competitive
Service of the City, which requires at least forty (40) hours of
work per week.
Section 1.29. "Interim Appointment ": The appointment of a person
to an interim position.
Section 1.30. "Interim Position ": A temporary full -time or part -
time position for a designated period of time which may extend
beyond the one (1) year limit reserved for temporary positions.
Interim positions accrue all fringe benefits and salary increases
the same as full -time and part -time regular positions during the
authorized period of employment.
Section 1.31. "Layoff ": The separation of employees from the
active work force due to lack of work or funds, or to the abolition
of positions by the City Council for the reasons of economy and
efficiency, or the above reasons, or due to organization changes or
reductions or elimination of City services.
Section 1.32. "Overtime ": The time which an interim,
probationary, or regular employee is required to work beyond the
number of hours prescribed for a full -time employee in that
classification in a work week.
Section 1.33. "Part -Time Position ": A position having a work week
of fewer hours than the work week established for full -time
positions. A part -time position may be either interim, temporary,
or regular. Part -time employees shall be paid the hourly
equivalent of the monthly salary paid to a full -time employee in
the classification to which they are assigned or the hourly wage
set for the part -time position.
Section 1.34. "Personnel Director" or Personnel Officer ": City
Manager or his /her designee.
Section 1.35. "Personnel Resolution and Personnel Rules" : City
Council Resolution No. 99- as adopted on and such
subsequent Resolution that may amend or supercede said Resolution
No. 99-
Section 1.36. "Personnel Ordinance ": Chapter 2.56 of the
Moorpark Municipal Code, which creates a personnel system for the
City.
Personnel Rules 06 1999
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000265
Section 1.37. "Position ": A group of duties and responsibilities
assigned to one employee and performed in either a full -time or
part -time basis.
Section 1.38. "Probationary Appointment ": The probationary
employment of a person. A "probationary appointment" is for a
specified period, during which job performance is evaluated as a
basis for a subsequent regular appointment, and the employee has no
right to continued employment.
Section 1.39. "Probationary Employee ": An employee who has a
probationary appointment.
Section 1.40. "Probationary Period ": A period to be considered an
integral part of the examination, recruiting, testing and selection
process during which an employee is required to demonstrate fitness
for the position to which the employee is appointed by actual
performance of the duties of the position. -
Section 1.41. "Promotion ": The movement of an employee from one
class to another class having a higher maximum base salary.
Section 1.42. "Provisional Appointment ": An appointment of a
person who possesses the minimum qualifications established for a
particular class and who has been appointed to a position in that
class in the absence of available eligibles. In no instance shall
a provisional appointment exceed six months.
Section 1.43. "Reclassification ": The reassignment of a position
from one class to a different class in accordance with a re-
evaluation of the minimum qualifications, duties and
responsibilities of the position.
Section 1.44. "Reduction ": A salary decrease within the limits of
the salary range established for a class.
Section 1.45. "Reemployment ": The appointment of an employee who
was laid off within the preceding twelve (12) months, to a position
in the same classification as his /her former position.
Section 1.46. "Regular Employee ": An employee in the Competitive
Service who has successfully completed the probationary period and
has been retained in either a regular full -time or regular part -
time budgeted position, as hereafter provided in these rules.
Personnel Rules 06 1999
00026E
Section 1. 47. "Regular Part -Time Employee ": An employee who works
at least 20 hours, but less than 40 hours, per work week on a
regularly scheduled basis in a regular part -time position,
designated as such in the current adopted budget. "Regularly
scheduled" shall mean that the employee shall work the same number
of hours per work week, each week as specified in the budget for
that position.
Section 1.48. "Regular Part -time Position ": A position regularly
scheduled to require the service of an employee to work at least
twenty (20) hours, but less than forty (40) hours, per work week
and designated as such in the current adopted budget of the City
and working no less than one thousand and forty (1040) hours per
year.
Section 1.49. "Reinstatement ": The restoration without examination
of a former regular employee or probationary employee to a
classification in which the employee formerly served as a regular
non - probationary employee within twelve (12) months of the
employee's voluntary separation, transfer or promotion from that
classification. A reinstated employee shall serve a probationary
period for the period specified for the classification to which the
employee is reinstated.
Section 1.50. "Relief of Duty ": The temporary assignment of an
employee to a status of leave with pay.
Section 1.51. "Resignation ": The voluntary separation of an
employee from City employment.
Section 1.52. "Salary Anniversary Date" or "Anniversary Date ":
See Section 1.3. "Anniversary Date" or "Salary Anniversary Date ".
Section 1.53. "Salary Increase ": The increase of an employee's
salary within the salary range established for the class of
position he /she occupies as a result of satisfactory job
performance in such position.
Section 1.54. "Salary Plan ": The assignment by the City Council
resolution of salary ranges and /or salary rates to each class.
Section 1.55. "Salary Range ": The range of salary rates for a
class.
Section 1.56. "Salary Rate ": The dollar amount of each step in a
salary range, or the flat dollar amount for a class not having a
salary range.
Personnel Rules 06 1999
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00026'7
Section 1.57. "Salary Step ": The minimum through maximum salary
increments of a salary range.
Section 1.58. "Standby Duty ": Provides that an employee who is
released from duty is required by his /her department to leave
notice where he /she can be reached and that he /she be available to
return to duty when required. "Standby duty" requires that an
employee, (1) be ready to respond immediately, (2) be reachable by
phone, (3) be able to report within a specified period of time, and
(4) refrain from any activities, which might impair his /her ability
to perform assigned duties.
Section 1.59. "Suspension ": The temporary separation from service
of an employee without pay for disciplinary purposes.
Section 1.60. "Temporary Appointment ": An appointment to a
temporary or regular position for a period of one (1) year or less.
Section 1.61. "Temporary Employee ": A person who has been
appointed to a temporary or a regular position for a limited period
and is not a competitive service employee.
Section 1.62. "Temporary Position ": A full -time or part -time
position of limited duration.
Section 1.63. "Termination ": The separation of an employee from
the City service because of retirement, resignation, death or
dismissal.
Section 1.64. "Title ", "Class Title ", "Title of Class ": The
official name applied to a class and to each position allocated to
the class and to the incumbent of each position.
Section 1.65. "Transfer ": A change of an employee from one
position to another position in the same class or in a comparable
class.
RULE 2. GENERAL PROVISIONS
Section 2.1. Personnel Officer: The City Manager is the
Personnel Officer and shall interpret, apply and administer these
Rules. The City Manager may delegate any of the powers and duties
conferred upon him /her as Personnel Officer to any other assigned
employee.
Personnel Rules 06 1999
n
Section 2.2. Applicability of Rules: All rules, actions,
regulations, and policies herein shall apply only to employees in
the Competitive Service of Moorpark. Employees not included in the
competitive service under this section shall serve at the pleasure
of their appointing authority. Certain classifications of
positions in the competitive service shall be exempted from the
payment of overtime and compensatory time as provided for in
Section 4.12 of these Rules.
The Competitive Service shall consist of all positions in the City
service except the following:
a. All elective officers;
b. All members of appointive boards, commissions and
committees;
C. The City Manager and any Assistant or Deputy City
Manager;
d. The City Attorney and any Assistant or Deputy City
Attorney;
e. The City Clerk;
f. The City Treasurer and any Assistant or Deputy City
Treasurer;
g. All department heads and assistant department heads;
h. All City Council appointed City officers;
i. Persons engaged under contract to provide expert,
professional, technical or any other service;
j. Volunteer personnel;
k. Temporary employees;
1. Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as
extraordinary fire, flood, or earthquake, which threatens
life or property.
M. Employees, other than those listed elsewhere in this
section, who are not employed in regular positions.
"Employed in regular positions" means an employee hired
for an indefinite term into a budgeted position, who is
Personnel Rules 06 1999
9
000269
regularly scheduled to work no less than one thousand and
forty (1040) hours per year, and at least twenty (20)
hours per week, and has successfully completed the
probationary period and been retained as provided in the
personnel rules.
n. All —pe s i t i-en s— exempt f= em the —eve e- p re v i s i-en s ewe
federal — Fay -per Standard— Aet (F13SA) and eOther
management and management professional positions
designated as exempt from the Competitive Service at the
time the classification in which the position is a member
of is added to the Classification Plan.
Section 2.3. Amendment of Rules: Proposed amendments to these
Rules shall be submitted to the City Manager for review and
recommendation prior to submittal to the City Council. Advance
notice for the purpose of meeting and conferring shall be given to
recognized employee organizations for any amendments which affect
wages, hours, and other items and conditions of employment As
provided in Section 3500 et seq. of the Government Code, in cases
of emergency, when the City Council determines that amendment(s) to
these Rules must be adopted immediately without prior notice or
meeting with a recognized employee organization, the City shall
provide such notice and opportunity to meet at the earliest
practicable time following the adoption of the amendment(s).
Amendments shall become effective upon adoption of the City Council
or at such other time as the adopting resolution may provide.
Section 2.4. Violation of Rules: Violation of these Rules may be
grounds for disciplinary action and subject to the applicable
appeals procedure provided herein.
Section 2.5. Loyalty Oath: All employees subject to these Rules
shall, before they enter upon the duties of their employment, take
and subscribe the oath prescribed in the California Constitution.
Section 2.6. Equal Employment Opportunity: Federal and State
laws prohibit employment decisions based solely on race, color,
sex, marital status, sexual orientation, disability, political
views, age, religion, and national origin. Decisions concerning
employment and promotion shall always be on the basis of job -
related standards of education, training, experience and personal
qualifications.
Section 2.7. Validity of Rules: If any section, subsection,
sentence, clause, or phrase of these Rules is found to be illegal
by a court of competent jurisdiction, such findings shall not
affect the validity of the remaining portions of these Rules.
Personnel Rules 06 1999
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0002'-1"0
Section 2.8. Cooperation: Every employee of the City of Moorpark
shall cooperate with the City Manager in order to completely
fulfill the objectives and purposes of these Rules.
Section 2.9. Employee Activities: During the employee's work
day, he /she is expected to devote his /her full time in the
performance of his /her assigned duties as a City employee. An
employee in the Competitive Service shall not engage in any
employment, outside activity or enterprise which is inconsistent,
incompatible, in conflict with, or interferes with his /her ability
to perform the duties, functions or responsibilities of his /her
position as a City employee, nor shall he /she engage in any outside
activity which will directly or indirectly contribute to the
lessening of his /her effectiveness as a City employee. No employee
shall engage in any type of activity relating to an employee
organization during such time an employee is on duty, except as
expressly provided by the City Manager, state and federal laws, or
Council resolution.
Section 2.10. Inconsistent Activities and Outside Employment: In
making a determination as to the consistency or inconsistency of
outside employment, activity or compensation ( "outside
employment "), the City Manager shall consider, consistent with the
provisions of Government Code Section 1126 where applicable,
whether the employment involves:
a. The use for private gain or advantage of City time,
facilities, equipment and supplies, or
b. Receipt or acceptance by the employee of any money or
other consideration from anyone other than the City for
the performance of an act which the employee, if not
performing such act, would be required or expected to
render in the regular course or hours of his /her
employment with the city or as a part of his /her duties
as a City employee, or
C. The performance of an act in other than his /her capacity
as a City employee which act may later subject directly
or indirectly to the control, inspection, review, audit,
or enforcement of any other officer or employee of the
City, or
d. Such time demand as would render performance of his /her
duties as a City employee less efficient.
Personnel Rules 06 1999
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0002'71
Section 2.11. Outside Employment: Employees shall not engage in
regular outside employment, activity or enterprise of eight (8)
hours or more per week for compensation ( "outside employment ")
without the express written approval of the City. Employees will
be allowed to engage in outside employment if such secondary
employment meets the following standards as determined by the City
Manager:
a. The outside employment is not inconsistent with the
employee's employment with the City.
b. The outside employment will not be demanding on the
employee or carry over into his /her regular duties;
C. The outside employment is such that no problem will arise
as to the City's responsibility for injury incurred on
the outside job;
d. The outside employment will never be allowed to interfere
with the policy that the employee is always readily
accessible in case of emergencies;
e. Employee to notify the outside employer that he /she may
need to return to his /her regular duties immediately upon
call;
f. The basis for approval by the City Manager is:
1. The employee may refuse to work extra hours if
another employee is available.
2. The employee is required to sign a waiver in regard
to injuries occurring in outside employment. This
waiver shall specifically waive any rights he /she
would have against the City or any retirement
system which the City might adopt as to disability
which would be caused from, or arising out of, the
outside employment for which the request is made.
The employee shall also waive any rights to
Worker's Compensation benefits or sick leave
because of injury or sickness cause by, or arising
out of, his /her outside employment.
3. An employee whose sick leave record indicates the
lack of strength to sustain both City employment
and outside employment will not be allowed to
continue outside employment.
Personnel Rules 06 1999
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000272
g. The City Manager shall notify the employee of a
determination not to allow the requested outside
employment and the grounds therefor.
Section 2.12. Improper Use of City Equipment Prohibited: No City -
owned equipment, autos, trucks, instruments, tools, supplies,
machine, badge, identification cards, or other items which are the
property of the City shall be used by an employee except upon prior
approval of the appointing authority.
No employee shall allow any unauthorized person to rent, borrow or
use any of the items mentioned above unless upon prior written
approval of the City Manager.
Section 2.13. Solicitation of Funds: Prior to any solicitation of
funds for the sale of tickets for benefit shows or charitable
causes by employees using the name of the "City of Moorpark" in
connection with their activities, a written application to engage
in such activities shall be submitted to the City Council. The
application shall contain the following information:
a. Purpose, plan and beneficiaries of solicitation or sale.
b. Name of person, firm, corporation, or association
managing or promoting said solicitation or sale, and if
a manager or promoter other than a City employee, a brief
statement as to background, experience, and
qualifications, with the names and addresses of at least
three references, preferably city managers or chief
administrative officers of other municipal corporations
located in Southern California.
C. Signature of the chief presiding officer of the
organization; or if there is no formal organization, the
signatures of all employees involved in the activities.
The City Council may require the filing of a financial
statement of receipts and disbursements or may attach any
other conditions to the issuance of a permit as in its
discretion may appear necessary or desirable. The action
of the City Council in granting or denying the permit
shall be final.
Section 2.14. Employment of Family Members: An applicant for a
position, with a relative currently employed by the City, may not
be denied the right to file an application for employment and
compete in the examination process. Following the examination, if
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000273
the applicant is successfully certified as eligible, employment may
be prohibited by the City Manager where such employment:
a. Places one relative under the supervision of the other
relative, thus creating a potentially adverse impact on
supervision, safety, security, morale or conflicts of
interest.
b. Places both relatives in the same department, division or
facility, thus creating a potentially adverse impact on
supervision, safety, security, morale or conflicts of
interest.
C. Would have one of the relatives in a position with access
to information concerning confidential personnel matters,
which may compromise such confidential information.
For the purposes of this Section, a "relative" shall be
defined to include the following: mother, father,
grandfather, grandmother, aunt, uncle, cousin, sister,
bother, son, daughter, nephew, niece, grandchild, mother -
in -law, father -in -law, brother -in -law, sister -in -law and
spouse as defined as a partner in marriage (California
Civil Code Section 4100).
A relative, as herein defined, of a then current member
of the City Council shall not be permitted to be
appointed to a position in the Competitive Service of the
City during that member's term of office as a Moorpark
Councilmember.
The provisions of this Section shall not apply to
appointments to commissions, committees and boards.
Section 2.15. Concurrent Employment and Membership on City
Council, Commissions or Boards. An employee in the Competitive
Service of the City that accepts a seat on the Moorpark City
Council, Planning Commission, Parks and Recreation Commission,
Mobile Home Park Rent Review Board, or any other Commission or
Board, shall be deemed to have resigned his /her employment with the
City.
RULE 3 - CLASSIFICATION
Section 3.1. Preparation of Classification Plan: The City Manager
shall be responsible for preparing and recommending a position
classification plan for adoption by the City Council. The
Classification Plan shall consist of classes of positions in the
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Competitive Service defined by class specifications including a title,
a description of typical duties and responsibilities of positions in
each class, a statement of the training, experience and qualifications
to be required for appointment. Class specifications are explanatory,
but not restrictive. The listing of particular tasks shall not
preclude the assignment of other related kinds of tasks or jobs
requiring lesser skills. The Classification Plan shall be so prepared
that all positions substantially similar with respect to duties,
responsibilities, and other like characteristics of work are included
within the same class and at the same salary range.
Section 3.2. Adoption or Amendment of Classification Plan: Before the
Classification Plan or any amendment thereof shall become effective,
it shall be first adopted by a resolution of the City Council. Upon
adoption by the Council, the provisions of the Classification Plan
shall be observed in the handling of all personnel actions and
activities. The Classification Plan shall be amended or revised as
occasion requires in the same manner as originally established.
Section 3.3. Allocation of Positions: Following the adoption of the
Classification Plan, the City Manager shall allocate every position
in the Competitive Service to one of the classes established by the
Plan.
Section 3.4. New Positions: When
shall be appointed or employed
position's assignment to a class
Rules. The City Manager may
Classification Plan to establish
position.
a new position is created, no person
to fill the position prior to the
unless otherwise provided by these
y recommend an amendment to the
an appropriate class for the new
Section 3.5. Reclassification of Position: When in the case that the
duties, responsibilities and characteristics of a position have
materially changed, a study of the position shall be made to determine
its appropriate classification. The City Manager shall either make
no change in the position's classification, allocate the position to
an existing classification, or recommend the establishment of a new
class to which the position would be allocated, whichever is the
appropriate action. Reclassification shall not be used for the
purpose of avoiding restrictions regarding demotions and promotions.
No person shall be appointed or employed to fill a reclassified
position unless the said reclassified position has been incorporated
in the Classification Plan as provided by these Rules.
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Section 3.6. Out -of -Class Assignment /Temporary Assignment
a. The term "out -of -class assignment" shall mean the
temporary assignment of an employee to a position which
has been officially allocated by the City to a higher
class other than the one presentl occupied by the
employee. These provisions include those classifications
whose specific duties and responsibilities require
supervision in absence of an immediate supervisor.
b. Acceptable reasons for out -of -class assignments are:
1 _Non- availability of_LDroerlV classified employees to
fill the vacancv.
2. The temporary filling of a vacant osition pending
certification of an Eligible person.
c. An out -of -class assignment may be made by a department
head if, in his /her opinion, such action is necessary for
the proper functionin of the department. However, after
filling a vacancy by an out -of -class assignment, the
department head is not required to fill the vacancy
caused by such assignment.
d. Out -of -class assignments shall not exceed thirty (30)
consecutive calendar days without approval by the City
Manager. Out -of -class assignments shall not be made for
the purpose of _avoiding the filling a regular budgeted
position by an appointment.
e. As soon as the appointing department head becomes aware
that a position may be vacant for more than sixty (60)
days, he /she shall inform the Personnel Director or City
Manager so that certification of replacement personnel
may be made or, if necessary, an examination may be
scheduled.
f. An eligible employee in an out -of -class assignment shall
receive an increase of 50 or the first step of the higher
range, whichever is greater. However, in no case shall
such salary adjustment place the employee beyond the
salary range of the position to which he /she has been
temporarily assigned.
g. To be eligible for a higher rate of pay, an employee
shall meet all of the following requirements for the
first assignment to a class:
1. Be a regular or probationary employee immediately
preceding the temporary assignment.
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2. Be temporarily assigned for at least five (5)
consecutive work days to a class having a higher
maximum compensation than his /her own class. An
�lo _yee working in a higher classification _and who
works in said higher classification for five (5)
consecutive days shall thereafter be paid according
to the salary range of the class in which he /she
has been working.
3. Be on the current eligibility list. If no one is
available from the current list or the most recent
expired list, then any employe __may be appointed
and receive compensation if otherwise eligible
under the provisions of this Section.
RULE 4 - COMPENSATION
Section 4.1. Preparation and Adoption of Salary Plan: The City
Manager shall be responsible for recommending a Salary Plan
including wage rates and salary ranges covering all classes of
positions in the Competitive Service of the City. Before the
Salary Plan shall become effective, it shall be first approved by
the City Council. After the Salary Plan is adopted, no position
shall be assigned a salary neither higher than the maximum nor
lower than the minimum salary provided for that class of position
unless the salary range for the class is amended in the same manner
as herein provided for its adoption.
Section 4.2. Salary Plan Structure: The basic range for all
classifications shall consist of nine (9) salary steps, with each
step and range approximately two and one -half percent (2 '- %)above
the prior step and range, respectively.
Section 4.3. Appropriate Salary Step: Employees occupying a
position in the Competitive Service shall be paid a salary or wage
within the range established for that position's class under the
adopted Salary Plan.
Section 4.4. Newly Hired Employees' Salary Step: Newly hired
employees shall be appointed at Step A of the salary range to which
their class is assigned. When economic conditions, unusual
employment conditions or exceptional qualifications of a candidate
for employment indicate that a higher initial step would be in the
City's best interest, upon recommendation of the appointing
authority, the City Manager may authorize hiring at a higher step
in the salary range. In the case of an employee hired at any step
above Step A, said employee may be advanced to the next higher step
Personnel Rules 06 1999
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in his /her range upon completion of the probationary period. The
employee would then be eligible for the next step one (1) year from
his /her anniversary date, pursuant to Section 4.5.
Section 4.5. Salary Advancement - Full -time Employees: Full -time
Employees may be considered for an increase in salary according to
the following rules:
a. Any salary increase or denial of salary increase shall
require the specific recommendation of the employee's
department head and /or immediate supervisor and the
approval of the City Manager.
b. Eligible employees receiving a performance evaluation
rating of satisfactory or less than satisfactory shall
not receive a merit increase. Those eligible employees
rated commendable (one level above satisfactory) shall
receive a two and one -half percent (2 ',�%) merit increase
and those eligible employees rated outstanding (two
levels above satisfactory) shall receive a five percent
(5 %) merit increase.
C. An employee is eligible to receive a merit increase upon
the successful completion of his /her probationary period
with at least a commendable performance evaluation rating
and one year from each preceding anniversary date so long
as it does not exceed the highest step of the applicable
salary range and is consistent with the provisions of
these rules.
d. Any salary increase granted pursuant to this Section
shall be effective as of the first day of the pay period
in which the anniversary date occurs. Advancement shall
not be automatic. When an employee is denied a salary
increase, the employee may be reconsidered for such
advancement at any subsequent time. If the employee
receives a salary increase as a result of
reconsideration, the employee shall not be eligible for
the next and any subsequent salary increase in the same
class for one year from the effective date of the salary
increase granted as a result of said reconsideration;
provided, that the employee's anniversary date for
vacation leave and other benefits that are based upon
length of service shall not be affected.
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0002 T 8
e. Overlooked advancements shall be retroactive to the
employee's anniversary date upon approval by the City
Manager.
Section 4.6. Salary on Promotion: All employees who are promoted
to a position in a class with a higher salary range shall be placed
on the Step A in the new higher range or placed at the step which
is a minimum 5% salary increase for the employee, not to exceed the
highest step of the new range. The employee's anniversary date
shall not change.
When economic conditions, unusual employment conditions or
exceptional qualifications of a candidate for promotion indicate
that a higher step would be in the City's best interests, upon
recommendation of the appointing authority, the City Manager may
authorize hiring at a higher step in the salary range.
Section 4.7. Salary on Demotion: Any employee who is demoted
through procedures in Rule 11 or 12 may be placed at a lower step,
or may be placed at a step in a lower range or may be placed at
Step "Y" which is equal to the employee's current salary step. The
employee's anniversary date shall not change.
An employee receiving Step "Y" shall remain in the Step "Y" until
such time as the position is assigned to a salary range in which
the highest step of the range is equivalent to or higher than the
Step "Y ", at which time the employee shall be placed in the higher
step, but not to exceed five percent (50) more than the Step "Y ".
Such employee shall not receive further salary adjustments until
such time as Step "Y" is equivalent or less than the highest step
of the salary range of the employee's position consistent with
other applicable sections of these Rules.
Section 4.8. Salary on Reinstatement: An employee who resigned
in good standing may, within one year of such resignation and upon
recommendation of the department head and approval of the City
Manager, be reinstated in a position in the class in which the
employee had previously served, subject to an available budgeted
position. Upon such reinstatement, the employee shall not receive
higher than the step in the salary range the employee previously
received prior to the employee's separation. The employee shall be
given a new anniversary date. After one (1) year of additional
continuous service, the employee shall be credited with previously
unused accumulated sick leave.
Section 4.9. Salary on Transfer: Any employee who is transferred
from one position to another position in the same class, or to
another position in a class having the same salary range, shall be
Personnel Rules 06 1999
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0002'9
compensated at the same step in the salary range as the employee
previously received. The employee's anniversary date shall not
change.
Section 4.10. Salary on Position Reclassification: When a
position is reclassified to a lower classification, the employee
shall retain his /her rate of pay and his /her anniversary date or
shall be placed in the step of the lower salary range closest to
the employee's salary rate. If the last step of the salary range
of the lower job class is lower that the employee's salary rate,
the current salary step shall be identified as Step "Y" of the
lower salary range. An employee receiving a Step "Y" because of a
downward reclassification, shall remain in the Step "Y" until such
time as his /her job is assigned to a salary range in which one or
more of the steps is equivalent to or higher than the Step "Y ", at
which time the employee shall be placed in a step closest to but
not lower than Step "Y ". Such employee shall not receive annual
salary adjustments until such time as Step "Y" is equivalent or
less than the next step of the salary range of the employee's
reclassified position. When a position is reclassified to an
equivalent classification, the employee shall retain his /her
salary rate and anniversary date. When a position is reclassified
to a higher classification the employee shall be placed on Step A
in the new higher range or placed at the step which is a minimum
five percent (5 %) salary increase for the employee, not to exceed
the highest step of the new range. The employee's anniversary date
shall not change.
Section 4.11. Special Salary Adjustments: A department head may
recommend in writing to raise an employee's salary step prior to
the eligibility times specified in Rule 4.5 and Rule 4.7 so as to
recognize meritorious service, advanced educational achievements or
other extraordinary attributes related to the employee's public
service. Such increased compensation is subject to the approval of
the City Manager and the City Council, and the availability of
budgeted funds. The employee's anniversary date shall not change.
Section 4.12. Overtime and Compensatory Time: When in the best
interest of the City, the City Manager or a department head or
his /her designee may require an employee to be employed beyond the
employee's regular hours of employment. Overtime that can be
anticipated or scheduled shall require the prior approval of the
department head based on budget limits. No more than ten (10)
hours of overtime may be worked in any one work week without
specific approval of the City Manager.
Credit for overtime shall not begin until an employee has worked
forty (40) hours for that work week (Saturday through Friday). All
Personnel Rules 06 1999
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i11 1
overtime shall be computed in increments of one quarter (1/4) hour
and shall be credited at one and one -half (1 '-) times the overtime
worked.
When permitted by law, authorized overtime shall be reimbursed by
compensatory time off. For purposes of calculating overtime by
compensatory time off, vacation time and observed holidays, but not
sick leave or other time off, shall be credited as time worked
during the work week. Compensatory time off shall be taken within
six (6) months of being earned and shall not exceed thirty (30)
hours or it shall be forfeited. Upon the written request of an
employee, the City Manager may extend the period in which to use
accumulated compensatory time off for up to an additional six (6)
months. An extension, if granted, shall permit the additional
accumulation of compensatory time off of not more than ten (10)
hours to a maximum of forty (40) hours. Within applicable
budgetary limitations, the City has the discretion to pay for
compensatory time off and, at any time, for accumulated
compensatory time off. Upon termination, employees shall be
compensated for accumulated compensatory time off.
Certain classifications in the Competitive Service shall be exempt
from the provisions of overtime and this Section. Such exempt
classifications shall have the exemption stated on both the Salary
Plan and the class specification in the Classification Plan.
Standby duty, which does not constitute time worked, shall be
compensated in a manner prescribed in writing by the City Manager.
Section 4.12.1 CALLBACK: The minimum callback for employees covered
by this Agreement shall be two (2) hours at the overtime rate for
each callback but the two (2) hour minimum shall be applied only
one time during a two (2) hour period.
Section 4.12.2 STANDBY PREMIUM PAY: Should an employee be placed
on standby duty, such an employee shall be compensated for actual
time on call at one - quarter (1/4) of his /her hourly wage. Actual
time worked as a result of a callback to duty shall be paid at the
applicable hourly wage. No employee shall be paid for callback
time and standby simultaneously.
Section 4.13. Compensation for Layoff: An employee who is
terminated from the Competitive Service of the City as a result of
a layoff, shall be paid for accrued vacation and accrued overtime.
Accrued sick leave shall be restored to an employee if the employee
is reemployed within one year, and upon the completion of one (1)
year of additional continuous service. Should an employee be
reemployed in the formerly held position, the employee shall be
placed at the same salary step as when the layoff occurred. No
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®®0281
credit shall be received toward a step increase or seniority during
the period of layoff. Employees who have attained regular status
at the time of layoff and who are reemployed within a period of one
(1) year shall retain their assigned anniversary date.
Section 4.14 Compensation During Suspension: An employee who is
suspended with pay shall be paid that salary the employee was
entitled to prior to the suspension. An employee who is suspended
without pay under the disciplinary procedures shall not be paid for
those specific days of suspension. Additionally, an employee
suspended without pay shall not accrue sick leave, vacation,
seniority and other benefits during a suspension of more than
fifteen (15) work days. Insurance contributions during any
suspension of five (5) days or less will be continued.
Section 4.15. Salary on Voluntary Demotion: At the discretion of
the City Manager, any employee who elects to take a voluntary
demotion may be placed at a lower step, or may be placed at a step
in a lower range or may be placed at Step "Y" which is equal to the
employee's current salary step. The employee's anniversary date
shall not change.
An employee receiving Step "Y" shall remain in the Step "Y" until
such time as the position is assigned to a salary range in which
one or more of the steps is equivalent to or higher than the Step
"Y" at which time the employee shall be placed in a step closest to
but not lower than the step "Y ". Such employee shall not receive
salary adjustments until such time as Step "Y" is equivalent or
less than the next step of the salary range of the employee's
position.
Section 4.16. Compensation for Temporary Assignment to Higher
Classification: An employee may receive adjusted compensation for
working in an assignment in a higher classification. Working at a
higher classification shall mean that the employee is performing a
significant part of the duties of a position in a higher salary
range for a period of sixty (60) days or more. The adjusted
compensation shall be at a rate set by M.O.A. or Council
resolution. Employees enrolled in training programs, which involve
temporary re- assignment to a higher classification, shall not be
eligible for adjusted compensation.
Section 4.17. Compensation for Vehicle Use: An employee shall be
compensated for use of the employee's personal vehicle on City
business under the rules set forth by the City Manager and
established by Council resolution.
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Section 4.18. Restitution: An employee may be required under the
provisions of Rule 12, in a manner approved by the City Manager, to
provide restitution to the City of Moorpark for willful, wanton or
malicious destruction of City property.
Section 4.19. Error in Determination of Correct Salary Rate:
Should an employee be advanced to a higher step in the salary range
for his /her class than for which he /she was recommended through
error, such error shall be corrected immediately following its
discovery. Reimbursement to the City by the employee for said
error shall be made by one of the following methods or a
combination thereof:
a. Application of accrued equivalent time off for overtime
service;
b. Application of equivalent time off for overtime service
earned during the time immediately following the date of
the discovery of said error;
c. Application of the increase in the employee's salary
following his /her next merit salary increase; or,
d. Application of a partial
salary for a period of not
than six (6) months; or,
reduction in the employee's
less than three (3) nor more
e. Any other method mutually agreed to.
Determination of which one or combination of the above methods of
reimbursement should be used shall be made by the department head
subject to the approval of the City Manager. Should the employee
terminate before full reimbursement to the City has been made, the
money required to complete reimbursement shall be deducted from the
employee's last paycheck.
Section 4.20. "Compensation - Regular Part -Time Employees ":
Regular part -time employees shall be paid the hourly equivalent of
the monthly salary paid to a full -time employee in the
classification to which they are assigned at the appropriate step.
They shall move through the steps in their range when they have
completed eighteen hundred (1800) of actual hours worked (excludes
any sick leave, vacation leave, holiday, military leave of absence,
compensatory time, bereavement leave, jury duty, or disability
leave.)
Section 4.21. "Compensation - Temporary Employees ": Temporary
employees shall be paid an hourly rate established by the City
Personnel Rules 06 1999
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000283
Manager as appropriate for the work to be performed and within the
budgeted amounts in temporary employee salaries.
RULE 5 - APPLICATIONS AND APPLICANTS
Section 5.1. Announcement: All examinations for classes in the
Competitive Service shall be publicized by such methods as the
Personnel Director deems appropriate. Special recruiting shall be
conducted, if necessary, to insure that all segments of the
community are aware of the forthcoming examinations. The
announcements shall specify the title and pay of the class for
which the examination is announced; the nature of the work to be
performed; preparation desirable for the performance of the work
of the class; the manner of making application; and other
pertinent information.
Section 5.2 Application Forms: Applications shall be made as
prescribed on the examination announcement and on forms provided by
the City. Application forms shall require information covering
training, experience, and other pertinent information, and may
include certificates of one or more examining physicians,
references and fingerprints. All applications must be signed by
the person applying.
Section 5.3 Rejection of Application: The Personnel Director
may reject any application, which indicates on its face that the
applicant does not possess the minimum qualifications required for
the position. Applications may be rejected if the application
indicates facts that show that the applicant is addicted to the
habitual excessive use of drugs; has made any false statement of
any material fact; is not legally permitted to work within the
United States; or practiced any deception or fraud in an
application. Whenever an application is rejected, notice of such
rejection shall be mailed to the applicant by the Personnel
Director. Defective applications may be returned to the applicant
with notice to amend the same, providing the time limit for
receiving applications has not expired.
Section 5.4. Criminal Conduct - Ineligibility for Employment:
A criminal conviction, including a plea of guilty or nolo
contendere, shall be considered in determining the eligibility of
an applicant for employment, but does not constitute an automatic
bar to employment. In considering whether or not to reject the
application, the appointing authority shall consider the following
factors:
Personnel Rules 06 1999
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i11 :•
a. The classification, including sensitivity, to which the
person is applying or being certified and whether the
classification is unrelated to the conviction.
b. The nature and seriousness of the offense.
C. The circumstances surrounding the conviction.
d. The length of time elapsed since the conviction.
e. The age of the person at the time of conviction.
f. The presence or absence of rehabilitation or efforts at
rehabilitation.
g. Contributing social or environmental conditions.
Section 5.5 Request for Reconsideration by Applicant: An
applicant whose application is rejected or who is otherwise
disqualified for employment with the City may request
reconsideration of such determination. Such request shall be in
writing and filed with the City Manager within ten (10) calendar
days of the date of the notice of the rejection or
disqualification. The City Manager shall complete the
reconsideration within ninety (90) calendar days after the request
is filed. The determination of the City Manager shall be final.
RULE 6 - EXAMINATIONS
Section 6.1. Examination Process: The selection techniques used
in the examination process shall be impartial and relate to those
subjects which, in the opinion of the Personnel Director, fairly
measure the relative capacities of the persons examined to execute
the duties and responsibilities of the class to which they seek to
be appointed. Examinations shall consist of selection techniques
which will test fairly the qualifications of candidates such as,
but not necessarily limited to, achievement and aptitude tests,
other written tests, personal interview, performance tests,
physical agility tests, evaluation of daily work performance, work
samples, medical tests, psychological tests, background
investigations, successful completion of prescribed training, or
any combination of these or other tests. The probationary period
shall be considered as a portion of the examination process.
Examinations 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. Certain elements of the examination process may be
Personnel Rules 06 1999
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000285
designated as qualifying tests only. Failure on one part of the
examination may be grounds for declaring the candidate as failing
the entire examination or disqualified for subsequent elements of
the examination.
Section 6.2. Promotional Examinations: Promotional examinations
may be conducted whenever, in the opinion of the Personnel
Director, the needs of the service require. Promotional
examinations may include any of the selection techniques mentioned
in Section 6.1 of this Rule, or any combination of them. Only
regular or probationary employees who meet the requirements set
forth in the promotional examination announcements may compete in
promotional examinations.
Section 6.3.
Continuous
Examination: Open - competitive
examinations may be administered periodically for a single class as
the needs of the service required. Names shall be placed on
employment lists, and shall remain on such lists, as prescribed in
these Rules.
Section 6.4. Conduct of Examination: The City may contract with
any competent agency or individual for the preparing and /or
administering of examinations. In the absence of such a contract,
the Personnel Director shall see that such duties are performed.
The Personnel Director shall arrange for the use of public
buildings and equipment for the conduct of examinations.
Section 6.5.
Notification of Examination Results and Review of
Papers: Each candidate in an examination shall be given written
notice of the results thereof, and if successful, of the final
earned score and /or rank on the employment list.
All candidates taking a written examination shall have the right to
inspect their own test answer sheet within five working days after
the notifications of examination results. Any error in computation
if called to the attention of the Personnel Director within this
period, shall be corrected. Such corrections shall not, however,
require invalidation of appointments previously made.
RULE 7 - EMPLOYMENT LISTS AND APPOINTMENTS
Section 7.1. Employment List: An employment list shall be
established following a competitive examination listing the names
of those applicants who have achieved a final score meeting or
exceeding a passing score established for the position. The names
on the employment list shall be arranged in order of final scores
from the highest to the lowest score. Such applicants shall be
Personnel Rules 06 1999
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000256
deemed as qualified for appointment, pending further review by the
appointing authority and other qualifying procedures such as
reference checks, medical examinations or background
investigations. If five or less names of applicants, willing and
able to accept appointment, are available on a list, that list may
be declared invalid by the City Manager and a new recruitment and
examination announced.
Names of those not chosen from an eligibility list that is less
than one year old may be merged in relative order with names on a
newly established list for the same classification, but such names
shall not remain on the new list for more than 18 months from the
date of their original examination.
Section 7.2. Duration of Lists: Lists other than promotion lists
shall remain in effect
Personnel Director, but
months.
until exhausted or abolished by the
not extending longer than twelve (12)
Section 7.3. Reemployment Lists: The names of regular full -time
employees who have been laid off under the provisions of these
Rules shall be placed on an appropriate reemployment list. Such
names shall remain thereon for a period of one year, as provided
for in Section 10.8. When a reemployment list is to be used to
fill vacancies, the City Manager shall certify, from the top of
such lists, the number of names equal to the number of vacancies to
be filled and the City Manager shall appoint such persons to fill
the vacancies, provided such persons possess the minimum
qualifications established for the particular class at which they
are to be appointed. The reemployment list shall have priority
over employment lists, reinstatement list and promotion lists.
Section 7.4. Reinstatement List: The names of former employees,
as provided for in Section 11.6, shall appear on a reinstatement
list for one year following the employee's termination in good
standing. No examination is required; however, appointment from
this list requires the approval of the City Manager. A reinstated
employee must serve a probationary period.
Section 7.5. Promotion List: A promotion list shall be
established, with the approval of the City Manager, following a
competitive examination. The names of those applicants who have
achieved a final score meeting or exceeding a passing score
established for the position shall comprise the promotion list.
The names on the promotion list shall be arranged in order of final
score from the highest to the lowest score. Such applicants shall
be deemed as qualified for appointment, pending further review by
the appointing authority and other qualifying procedures, such as
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000287
reference checks, medical examinations or background
investigations. Promotion lists shall be valid and remain in
effect for a period of six (6) months, unless sooner exhausted. A
promotion list may be extended for up to an additional six (6)
months by the City Manager, if extended prior to its expiration
date.
Section 7.6. Transfer: An employee may be transferred at any
time from one position to another position in the same
classification. The City Manager may order a transfer for the
purposes of economy, efficiency or for reasons related to the best
interests of the City. A request for transfer to a vacant position
may be initiated by an employee or the employee's department head.
The transfer of an employee from one department to another shall
require the approval of the head of both departments, as well as
the City Manager. A department head may consider requests for
transfers concurrently with appropriate employment, reemployment,
promotion or reinstatement lists. No examination is required of an
employee requesting a transfer; however, the employee must possess
the qualifications for the position.
Section 7.7. Removal of Names from Lists: A person appearing on
an employment, reemployment, reinstatement or promotion list shall
be removed by the City Manager if the person (1) requests in
writing that he /she be removed; (2) fails to respond within five
(5) working days to a written notice sent to the person's last
known place of address;(3) leaves no forwarding address or (4) is
found to be unsuitable for the position by the appointing
authority, consistent with applicable sections of these Rules.
Section 7.8. Certification of Persons Eligible for Appointment:
When an appointment is to be made from an employment list,
reemployment list, promotion list or reinstatement list, the City
Manager shall certify qualified persons from the appropriate list.
The City Manager may certify persons from a list for a higher
classification in order to fill a vacancy in a lower classification
when job duties are of a similar nature. If it is not possible to
fill a vacancy by reemployment, or if the City Manager does not
consider it in the City's best interest to fill the vacancy by
reemployment, reinstatement, promotion, transfer, or demotion,
certification shall be made from an appropriate employment list,
provided eligible persons are available.
When an appointing authority requests a vacancy be filled by
appointment from a promotional employment list or from an open
employment list, the Personnel Director should certify from the
specified list the names of all individuals willing to accept
appointment. Whenever there are fewer than three names of
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individuals willing to accept appointment on a promotional
employment list or on an open employment list, the appointing power
may make an appointment from among such eligibles or may request
the Personnel Director to establish a new list. When so requested,
the Personnel Director shall hold a new examination and establish
a new employment list.
Section 7.9. Physical and Mental Requirements: The City may
require that all applicants and employees be in such physical or
mental condition to perform the duties of their job and may require
a medical or physiological evaluation at any time at City expense.
No employee shall hold any position in a classification in which
he /she cannot physically or mentally perform all the duties of the
job adequately or without hazard to himself /herself or others.
Within the limitations indicated, the City's policy shall be to
make such efforts as are consistent with the provisions of these
rules, and Federal and State law, to place disabled employees in
such positions which are available in the City service where their
disabilities can be reasonably accommodated.
Section 7.10. Appointment: After the selection process, the
department head or immediate supervisor shall make recommendations
for appointment from among those individuals certified. The City
Manager shall be immediately notified of any recommendations. The
City Manager shall thereupon review the recommendations and make an
appointment. If an applicant accepts appointment and presents
himself /herself for duty within such period of time as the City
Manager shall prescribe, he /she shall be deemed to be appointed;
otherwise, he /she shall be deemed to have declined the appointment.
Section 7.11. Types of Appointment: All vacancies in the
Competitive Service shall be filled by transfer, demotion, re-
employment, reinstatement, or from eligible certified by the
Personnel Director from an appropriate employment list, if
available. In the absence of persons eligible for appointment in
these ways, provisional, interim and temporary appointments may be
made in accordance with these Personnel Rules.
Section 7.12. Notice to Personnel Director: If a vacancy in the
Competitive Service is to be filled, the appointing authority shall
notify the City Manager in the manner prescribed. If there is no
re- employment list available for the class, the City Manager 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 7.13. Provisional Appointment: In the absence of there
being names of individuals willing to accept appointment from
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appropriate employment lists, a provisional appointment may be made
by the City Manager of a person meeting the minimum training and
experience qualifications for the position. Such an appointment
may be made during the period of suspension of an employee or
pending final action on proceedings to review suspension, demotion
or discharge of an employee, and such vacancy may be filled by the
City Manager, subject to the provisions of the Personnel Rules. A
provisional employee may be removed at any time without the right
of appeal or hearing. No provisional appointment shall exceed six
(6) months.
A provisional appointee shall accrue the same benefits as
probationary employees. If a provisional appointee is selected for
a full -time position with the City, the time served as a
provisional appointee shall not be counted as time toward the
fulfillment of the required probationary period.
No special credit shall be allowed in meeting any qualifications or
in the giving of any test or the establishment of any open -
competitive promotional lists, for service rendered under a
provisional appointment.
Section 7.14. Interim and Temporary Appointment: When a position C
in the ompetitive Service becomes vacant, the City Manager may
appoint an existing employee or a new employee as the interim or
temporary replacement in the affected position. Such employee
appointed to an interim or temporary position may be removed at any
time without rights to appeal or hearing and shall not attain
regular or probationary status. Existing employees shall be
returned to their former position.
Section 7.15. Emergency Appointments: To meet the immediate
requirements of an emergency condition, such as extraordinary fire,
flood or earthquake, which threatens public life or property, the
City Manager or a department head may employ such persons as
temporary employees as may be needed for the duration of the
emergency without regard to the Personnel Rules affecting
appointments. All such appointments shall be reported to the City
Manager as soon as possible.
RULE 8 - PROBATIONARY PERIOD
Section 8.1. Regular Appointment Following Probationary Period:
All original appointments shall be tentative and subject to a
probationary period of one (1) year of actual service. If the
service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with
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the City Manager a statement in writing to such effect and stating
that the retention of such employee in the service is desired. The
City Manager shall consider the recommendation and then notify the
affected employee in writing of the authorization at the end of the
employee's probationary period. The employee shall be advanced to
regular status as of the first day of the pay period in which the
anniversary date occurs. If such a statement is not filed, the
employee will be deemed to be unsatisfactory and his /her employment
terminated at the expiration of the probationary period. Where a
statement of satisfactory service has not been filed, notice of the
termination shall be served on the terminated employee by the
Personnel Director twenty -four (24) hours prior to the dismissal
except in the case of an emergency. In the event a probationary
employee's performance has not been satisfactory, the appointing
authority shall notify the City Manager in writing prior to the
scheduled termination of the probationary period. Upon the
satisfactory completion of the probationary period, the employee
shall be assigned an Anniversary Date. Employees who are
transferred or whose positions are reclassified are not subject to
a probationary period as a result of these actions.
Section 8.2. Probation on Promotion, Reinstatement or
Reclassification: On accepting a promotion, reinstatement or an
appointment to a different classification, a regular employee
serves a new probationary period of six (6) months. Promotions,
reinstatements or reclassification will not be regular until the
successful completion of this probationary period.
Section 8.3
Extension of Probationary Period: The City Manager
may extend the probationary period of an individual employee upon
the request of the employee's department head. No probationary
period may be extended for more than six (6) additional months. An
employee must be notified in writing by the City Manager prior to
the extension of the probationary period.
Section 8.4. Objective of 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 the
position.
Section 8.5. Rejection of Probationer: During the probationary
period, an employee may be rejected at any time by the appointing
authority without cause and without the right of appeal.
Notification of rejection by the appointing authority shall be
served on the probationer.
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Section 8.6. Rejection Following Promotion: Following a
promotional appointment, any employee rejected during the
probationary period, or at the conclusion of the probationary
period, by the reason of failure of the appointing authority to
file a statement that the employee's services have been
satisfactory, shall be reinstated to the position from which he /she
was promoted, unless charges are filed and the employee is
dismissed in the manner provided in the Personnel Ordinance and
these Rules. If there is no vacancy in such position, the employee
may request to be placed on a re- employment list.
If the promotional appointment was to a position outside of the
Competitive Service and the employee is rejected during the first
six (6) months of the appointment, the employee shall be dismissed
from employment with the City, unless at the City's option the
employee is reinstated to the position in the Competitive Service
from which he /she was promoted. If there is no vacancy in such
position, the employee may request to be placed on a re- employment
list.
Section 8.7. Probation Following Layoff: Employees laid off
while on probation must serve a new probationary period following
re- employment, pursuant to Section 8.1.
Section 8.8. Part -Time Employees: Part -time employees, except
those in a regular part -time position, as defined in these Rules,
are not subject to a probationary period. Regular part -time
employees shall serve a probationary period of eighteen hundred
(1800) hours actually worked (excludes any sick leave, vacation
leave, holiday, military leave of absence, compensatory time,
bereavement leave, jury duty, or disability leave).
RULE 9 - EMPLOYEE PERFORMANCE EVALUATION
Section 9.1. Objective of Employee Performance Evaluation:
Regular reports shall be made as to the efficiency, competency,
conduct and merit of employees in the Competitive Service. To this
end, it is the responsibility of the City Manager, department heads
and their subordinate supervisors that these reports be made.
Section 9.2. Employee Performance Evaluation Report: A report on
the performance of a probationary employee shall be completed at
the mid point of the probationary period. A report for regular
employees shall be completed within 30 days prior to the employee's
anniversary date each year. A copy of all reports shall be
submitted to the City Manager. In addition, a report may be
prepared at any time at the discretion of the employee's
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supervisor. The reports shall be on forms approved by the City
Manager.
Section 9.3. Review with Employees: Each performance evaluation
report shall be thoroughly discussed with the employee to point out
areas of successful performance and areas that need improvement.
The employee shall sign the performance report to acknowledge
awareness of its contents and verify that it has been discussed
with the evaluator. The employee's signature does not necessarily
mean the employee fully agrees with the contents of the report. The
employee shall be encouraged to comment regarding his /her
performance, either in a written statement attached to the report
or orally. Written responses to the performance evaluation report
must be received by the employee's supervisor (and copied to the
Personnel Director) within fifteen (15) calendar days of receiving
the written evaluation.
RULE 10 - EMPLOYEE LAYOFF POLICY AND PROCEDURES
Section 10.1. Statement of Intent: For reasons of economy, of
efficiency, or in the interest or mandate of the public, reductions
or curtailments of City services may be required. Whenever, in the
judgement of the City Council, it becomes necessary, the City
Council may abolish any position or employment and the employee
holding such position or employment may be laid off or demoted
without disciplinary action.
Section 10.2. Notification: Employees to be laid off shall be w
given, henever possible, at least fourteen (14) calendar days
prior notice.
Section 10.3. Vacancy and Demotion: Except as otherwise provided,
whenever there is a reduction in the work force, the appointing
authority shall first demote to a vacancy, if any, in a lower class
for which the employee who is the latest to be laid off in
accordance with Section 10.6 is qualified. All persons so demoted
shall have their names placed on the reemployment list.
Section 10.4. Voluntary Retreat Rights: An employee designated to
be laid off may elect to retreat to the top of the seniority list
for the next lower classification within the same department,
provided the employee has previously held regular status in such
lessor departmental classification, or possesses the minimum skills
to perform satisfactorily. The City Manager shall determine
whether an employee has such minimum skills. Employees who retreat
into a lesser classification retain re- employment rights to the
original position within the same department as provided in Section
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10.7. Retreat rights shall prevail only within a department and
within an identifiable career ladder, as identified by the City
Manager.
Section 10.5. Seniority: In order to retreat to a former or lower
class, an employee must have more seniority than at least one of
the incumbents in the retreat class and request displacement action
in writing to the Personnel Director within five (5) working days
of receipt of notice of layoff.
Employees retreating to a lower or similar class shall be placed at
the salary step representing the least loss of pay. In no case
shall the salary be increased above that received in the class from
which the employee was laid off.
Employees retreating to a lower or similar class shall serve a
probationary period in the new class unless they have previously
successfully completed a probationary period in the class or a
class in the class series.
Section 10.6. Employment Status: In each class, employees shall
be laid off according to employment status in the following order:
temporary, provisional, probationary and regular. Temporary,
provisional and probationary employees shall be laid off according
to the needs of the service as determined by the appointing
authority.
In cases where there are two or more regular employees in the class
from which the layoff is to be made, such employees shall be laid
off on the basis of the last evaluation rating in the class,
providing such rating has been on file at least 30 days and no more
than 12 months prior to layoff as follows:
First, all employees having ratings of "improvement needed;"
Second, all employees having ratings of "satisfactory" or
"competent "; Third, all employees having ratings of "commendable"
or "outstanding."
Employees within each category of rating shall be laid off in
inverse order of seniority in City service.
Section 10.7. Re- employment List: The names of persons laid off
or demoted in accordance with these rules shall be entered upon a
re- employment list. Lists from different departments or at
different times for the same class of position shall be combined
into a single list. Such list shall be used by every appointing
authority when a vacancy arises in the same or lower class of
position before certification is made from any other list.
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Section 10.8. Duration of Re- Employment List: Names of persons
laid off shall be carried on a re- employment list for one year,
except that persons appointed to regular positions of the same
level as that which laid off, shall, upon such appointment, be
dropped from the list. Persons who refuse re- employment shall be
dropped from the list. Persons re- employed in the lower class, or
on a temporary basis, shall be continued on the list for the higher
position for the aforementioned one year period.
Section 10.9. Layoff Appeal: A regular employee shall have the
right to request an appeal hearing. Such request must be made in
writing to the City Manager within five (5) working days after
receipt of a layoff notice. The City Manager shall prepare and
deliver a decision on the appeal within five (5) working days after
receipt of the appeal.
The scope of the appeal shall not include such issues as the need
for layoff, the reasons for layoff, the extent of layoff, the
classifications selected for layoff, or the exercise of other City
prerogatives involved in layoff. The issues of such appeal shall
be limited only to whether or not there was substantial compliance
with the procedures for layoffs and the established order of
departmental layoff within a classification.
RULE - 11 TRANSFER, DEMOTION, SUSPENSION AND REINSTATEMENT
Section 11.1. Transfer: No person shall be transferred to a
n positio for which that person does not possess the minimum
qualification. Upon notice to the City Manager, an employee may be
transferred by the appointing power or designee at any time from
one position to another position in a comparable class. For
transfer purposes, a comparable class is one with the same maximum
salary, involves the performance of similar duties and requires
substantially the same basic qualifications.
If the transfer involves a change from one department to another,
both department heads must consent thereto unless the City Manager
orders the transfer. Transfer shall not be used to effectuate a
promotion, demotion, advancement, or reduction, each of which may
be accomplished only as provided in the Personnel Ordinance and
these Rules.
Section 11.2. Demotion: The appointing authority may demote an
employee whose ability to perform the required duties falls below
standard, or for disciplinary purposes. Upon request of the
employee, and with the consent of the appointing authority,
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demotion may be made to a vacant position. No employee shall be
demoted to a position who does not possess the minimum
qualifications for that position. Disciplinary demotion action
shall be in accordance with the applicable provisions of these
Rules.
Section 11.3. Suspension: The appointing authority may suspend an
employee from a position at any time for a disciplinary purpose.
Suspension without pay shall not exceed thirty (30) calendar days,
nor shall any employee be penalized by suspension for more than
thirty calendar (30) days in any fiscal year. Department heads may
suspend a subordinate employee for not more than three (3) working
days at any one time, and not more than once in a thirty (30)
calendar day period. Intended suspension action shall be reported
immediately to the City Manager, and shall be taken in accordance
with the applicable provisions of these Rules.
Section 11.4.
Dismissal: An employee in the
may be dismissed at any time by the appointing
is the intention of the appointing authority to
in the Competitive Service, the Personnel
notified. Dismissal action shall be taken in
applicable provisions of these rules.
Competitive Service
power. Whenever it
dismiss an employee
Director shall be
accordance with the
Section 11.5. Reinstatement: With the approval of the City
Manager, 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 (1) year
of the effective date of resignation, to a vacant position in the
same or comparable class. Upon reinstatement, the employee shall
be subject to a probationary period of six (6) months. 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 at the time of
reinstatement, and upon the approval of the City Manager and the
City Council. The employee shall be assigned a new Salary
Anniversary Date one (1) year after reinstatement.
RULE 12 - PRE- DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURES
Section 12.1. Standards of Conduct: All employees are expected to
adhere to standards of reasonable and prudent conduct. Each
department may set standards required by departmental operations.
Employees who violate standards should expect management and
supervisors to take appropriate disciplinary actions.
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Section 12.2. Applicability of Discipline: Disciplinary action
may be taken against any person employed by the City. Non - regular
employees shall have no right to the notice and hearing
requirements set forth within or to any other notice and hearing
provision whatsoever.
Section 12.3. Discretion in Disciplinary Action: The City
Manager, department management and supervisors may exercise their
discretion in applying discipline appropriate to the employee's
offense (s) and work record.
Section 12.4.
combination
employee for
cause.
Permitted Disciplinary Action:
of disciplinary actions may be
offenses stated in Section 12.8 or
Verbal Admonishment
Written Reprimand
Restitution
Suspension
Any one or
taken against an
for any other just
Reduction in Salary
Demotion
Dismissal
Section 12.5. Verbal Admonishment: When necessary, verbal
admonishments shall be given in private on a one -to -one basis
between the supervisor and the employee. The supervisor shall
include in the admonishment a review of appropriate department
standards and policies, employee performance expected in the future
and consequences for failure to correct performance or behavior and
shall keep a record of the date, time, and nature of such
admonishment. Any written report of a verbal admonishment placed in
an employee's personnel file shall be removed two (2) years from
the date of the written report provided no additional report or
further disciplinary action was taken on the same or similar
offense during the intervening two (2) year period.
Section 12.6. Written Reprimand: A written reprimand shall be
prepared for the continued or more serious offense. The reprimand
shall take the form of a memorandum including a full, accurate and
factual statement of the reason for the reprimand. The memorandum
shall be given to the employee in private. The supervisor shall
explain appropriate department standards and policies, employee
performance expected in the future and consequences for failure to
correct performance or behavior. A copy of the memorandum shall be
sent to the City Manager to be placed in the employee's personnel
folder. A dated copy of the written reprimand shall be released to
the employee. Within ten (10) calendar days after the employee
receives such dated copy, the employee may respond in writing to
the reprimand and have such response placed in the employee's
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personnel folder. The employee shall have no further right of
response or appeal.
Section 12.7. Suspension Without Pay: When in the opinion of the
department head, circumstances warrant, a suspension of three (3)
days or less may be imposed. Prior to the imposition of such
discipline, the department head shall explain appropriate
department standards and policies, employee performance expected in
the future, and consequences for failure to correct performance or
behavior. A written record of the discipline, including a full,
accurate and factual statement of the reason therefor, shall be
sent to the City Manager to be placed in the employee's personnel
folder. Within ten (10) calendar days after the date the
discipline is imposed, the employee may respond in writing and have
such response placed in the employee's personnel folder. The
employee shall have no further right of response or appeal.
Section 12.8. Pre - Disciplinary Procedures: A regular employee
being considered for suspension without pay in excess of three (3)
work days, restitution, reduction in salary, demotion, or dismissal
shall be insured due process through these pre- disciplinary
procedures.
Section 12.8.1. Written Notice: Written notice of a proposed
disciplinary action shall be given to the employee. This written
notice shall include the proposed disciplinary action, the charges
on which the proposed action is based, and the reasons or grounds
on which the charges are based. Copies of the materials on which
the proposed disciplinary action is based shall also be provided to
the employee.
The notice shall inform the employee of his /her or her right to
respond orally or in writing to the notice of proposed discipline,
of the right to respond in person or through a designated
representative, of the time period during which a response may be
made, and the name of the person to whom the response may be made.
The notice shall be signed by the person initiating the proposed
disciplinary action.
Section 12.8.2. Employee Response: An employee is entitled to
a reasonable time not to exceed ten (10) calendar days to answer a
notice of proposed disciplinary action. An extension of time may
be granted an employee within the aforementioned period if the
employee can demonstrate the need for an extension to the
department head. Should an employee respond, the department head
shall consider the response in reaching a decision on disciplinary
action. The employee is entitled to respond in writing or orally,
through a designated representative or any combination thereof. If
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the employee requests a meeting to present a response, the meeting
shall not be conducted as an adversarial hearing. The employee may
not cross - examine the department's witnesses nor present a formal
case to support the response. The employee shall be given the
opportunity to make any representations, which the employee
believes might affect the decision for disciplinary action. Any
time extensions shall be mutually agreed upon. The department has
the right to conduct further investigations.
Section 12.8.3. Department Head Answer: The department head
shall provide a written answer to an employee's response at the
earliest practicable date, not to exceed ten (10) calendar days
following the response of the employee. The department head shall
deliver the notice of decision to the employee at or before the
time when the action will be effective. The answer shall be dated
and signed by the department head. The answer shall inform the
employee which of the reasons and grounds in the notice of proposed
disciplinary action have been sustained. The answer shall include
a statement of the employee's right to appeal, as provided herein,
if and only if such disciplinary action results in suspension
without pay in excess of three (3) working days, restitution,
reduction in salary, demotion or dismissal. Additionally, the time
limit for an appeal and the specific discipline to be imposed, or
the decision not to impose discipline, shall be detailed in the
answer. The effective date of discipline shall be included in the
answer. Any time extensions shall be mutually agreed upon.
A decision not to impose discipline shall be accompanied by a
directive from the department head to delete all references to the
pending action from the employee's personnel file. Failure by the
department to make further investigations or to provide written
answer shall not affect the ability of the City to impose
disciplinary action.
Section 12.8.4. Appeal of Disciplinary Actions: Any employee
may appeal a proposed suspension without pay in excess of three (3)
work days, demotion, restitution, reduction in salary, or dismissal
to the City Manager within ten (10) calendar days after the receipt
by the employee of the department head's answer. An appeal within
the described time frame would suspend the effective date of the
discipline until a final decision is made.
Section 12.8.5. Method of Appeal: Appeals shall be in
writing, signed by the appealing employee and delivered to the City
Manager. A letter of appeal must outline the basis of the appeal
and the action desired by the employee.
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Section 12.8.6. Appeal Hearing: Upon the receipt of a timely
letter of appeal, the City Manager shall set the matter for
hearing. The hearing shall be held within thirty (30) calendar days
after receipt of the letter of appeal, unless the City Manager
grants a continuance in accordance with this Section. The City
Manager shall give not less than five (5) days written notice to
the affected employee, department's representative and any such
person requesting same, of the time and place of such hearing. The
hearing shall be closed unless the appealing employee requests, in
writing, that the hearing be open to the public. The appealing
employee shall appear personally and may be represented by an
attorney or by another representative of the appealing employee's
choosing. Failure of the appealing employee to appear at the
hearing shall waive the appealing employee's right to a hearing on
the disciplinary matter.
At the appointed time and place, the City Manager or a hearing
officer appointed by the City Manager at his /her discretion shall
commence the appeal hearing. During the examination of a witness,
all other witnesses, except the parties, shall be excluded from the
hearing, unless City Manager or hearing officer in his /her
discretion, for good cause, otherwise directs. No still
photographs, moving pictures, or television pictures shall be taken
in the hearing chamber during a hearing. The City shall keep a
verbatim record of the appeal proceedings. The appealing employee
shall have the right at his /her own expense to do the same.
The City Manager or hearing officer, prior to or during a hearing,
may grant a continuance for any reason he /she believes to be
important to his /her reaching a fair and proper decision.
The City Manager or hearing officer shall give all parties a
reasonable opportunity to be heard on relevant issues. The City's
representative shall first present an opening statement and oral
and /or documentary evidence in support of the City's position. The
appealing employee may cross - examine any witness called by the
City. The appealing employee may make an opening statement on
his /her behalf, and present oral and /or documentary evidence in
support of his /her appeal. The City's representative may cross -
examine any witness called by the appealing employee. Both the
City and the affected appealing employee may then make a closing
statement, followed by closing statement by the City.
The hearing need not be conducted according to technical rules
relating to evidence and witnesses. However, the City Manager or
hearing officer may observe the substance of such rules to the end
that the matter before him /her can be fairly determined on reliable
evidence.
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Section 12.8.7. City Manager's or Hearing Officer's Finding and
Decisions: The City Manager or hearing officer shall, within
fifteen (15) calendar days after the conclusion of the hearing,
cause findings and decisions to be prepared in writing and shall
certify them. The City Manager or hearing officer shall determine
whether the proposed action of the department's representative is
supported by the evidence presented and is consistent with the
provisions of the City's Personnel Rules, resolutions and
ordinances. Should the City Manager or hearing officer find that
none of the charges are supported by the evidence presented, the
decision shall be that no disciplinary action be taken. Should the
City Manager or hearing officer find that any or all of the charges
are supported, the City Manager or hearing officer may affirm,
over -rule, impose more severe action, or modify, in whole or in
part, the department representative's proposed disciplinary action.
The decision of the City Manager or hearing officer shall be final
and conclusive in all cases. Any time extensions shall be mutually
agreed upon.
Section 12.8.8. Notice of Findings and Decisions: The City
Manager's or hearing officer's findings and decisions shall be
filed as a permanent record in the appealing employee's personnel
file. The City Manager shall deliver a copy of the findings and
decisions to the affected employee and the department's
representative. The decision shall indicate the effective date of
any disciplinary action.
Section 12.8.9. Employee Status During Pre - Disciplinary Period:
Except as otherwise provided, an employee against whom disciplinary
action is proposed is entitled to be retained in an active status
during the pre- disciplinary period. When circumstances are such
that retention of the employee in active status may result in
damage to City property or may be detrimental to the interests of
the City or injurious to the employee, fellow employees or the
public, the department head may temporarily assign the employee to
duties in which these conditions do not exist or place the employee
on paid suspension with the approval of the City Manager.
Section 12.8.10. Requirement to Appoint Hearing Officer: If the
person who initiates the discipline under this Section is the City
Manager, the appeal shall be heard by a hearing officer appointed
by the City Council. At the first meeting of the City Council held
after the letter of appeal is received in accordance with Section
12.8.6, the City Manager shall inform the City Council of the need
for such appointment. The City Council shall make the appointment
within seven (7) calendar days prior to the date of the hearing.
The City Council may extend the period within which the hearing
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must be held, as prescribed in Section 12.8.7. The extension shall
be made within the original period and shall not exceed fifteen
(15) calendar days.
Section 12.9. Causes for Disciplinary Actions: All employees are
expected to conduct themselves in a reasonable and prudent manner
within City and respective department standards. Employees who
violate such standards should expect appropriate disciplinary
actions. The following list of selected causes for disciplinary
action is not a total and complete statement of causes of
discipline. This list represents those offenses which are most
common. Management and supervisors may discipline an employee for
other good cause;
a. Tardiness.
b. Failure to observe precautions for personal safety,
posted rules, signs, safety instructions, or to use
protective clothing or equipment.
C. Careless workmanship resulting in waste of materials.
d. Unsatisfactory work performance.
e. Misuse or abuse of sick leave privileges; i.e., failure
to present adequate documentation of illness when
required by the City Manager or respective department
head, repeated absences before or after days off, use for
unauthorized purposes.
f. Failure, refusal or delay in
assignments, or instructions
competent and reasonable
inattention to or dereliction
time or working below ex
inefficiency.
carrying out orders, work
of superiors in a prompt
manner; insubordination;
of duty, including wasting
pected level of output,
g. Acceptance of gifts or gratuities from parties doing
business with the City.
h. Unauthorized sleeping while on duty.
i. Disorderly conduct: fighting, threatening, attempting to
inflict bodily injury on another; engaging in dangerous
horseplay.
j. Being on duty under the influence of any intoxicant or
controlled substance or reporting for duty while
Personnel Rules 06 1999
42
000302
intoxicated or under the influence of a controlled
substance.
k. Loss or destruction of City property or the property of
others through carelessness.
1. Engaging in political activities while on duty or on the
premises of City Hall.
M. Unexcused absence from duty.
n. Reckless driving on City premises or reckless operation
of City vehicle.
o. Gambling or promotion of gambling on City premises or
while on duty.
p. Endangering the safety of or causing injury to any
employee, including himself /herself.
q. Unauthorized disclosure of confidential information as
defined by law or by written directive of the City or
respective department.
r. Disrespectful conduct, use of insulting, abusive, or
vulgar language to, or about other employees or the
public.
S. Discourteous treatment and /or failure to maintain
satisfactory or harmonious working relations with the
public or City employees.
t. Unauthorized use of City vehicles, equipment or supplies.
U. Careless, negligent or improper uses of City property,
equipment or funds including unauthorized use for private
purposes or use involving damage or unreasonable risk of
damage to property.
V. Covering up or attempting to conceal defective work;
removing or destroying same without permission.
W. Falsification, misstatement or concealment of material
fact in connection with employment, promotion, any
record, investigation, or other proper proceeding.
Z. Making false or unfounded statements, which are
defamatory about other employees or City officials.
Personnel Rules 06 1999
43
000303
y. Willful damage to City property or to the property of
others.
Z. Official conduct unbecoming a City officer or employee
which tends to discredit the City or the City service.
aa. Any on -duty violation of federal, state or local laws or
any off -duty violation of law which might bring discredit
to the City.
bb. Sexual harassment.
CC. Participation in an unlawful strike, work stoppage,
slowdown, or other unlawful job action against the City.
dd. Misappropriation of City funds.
ee. Conduct tending to interfere with the reasonable
management and discipline of the City or any of its
departments or activities.
ff. Engaging in incompatible employment elsewhere and /or
outside employment that has not been specifically
authorized.
gg. Willful or negligent violation of Personnel Rules and
regulations and /or written departmental rules,
regulations and policies.
RULE 13 - ATTENDANCE AND LEAVES
Section 13.1. Attendance at Work: 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 City Manager in the form and on the dates as directed. Failure
on the part of an employee, absent without leave, to return to duty
within three (3) business days after a due notice to return to work
has been delivered deposi..ted w .try the Jn.i.te JSta.`�s Po��.al
44 oService shall be deemed to have resigned his /her employment
with the City. A certified letter deposited with the United States
Postal Service addressed to the employee's last known address shall
be reasonable notice.
Section 13.2. Hours of Work: Daily hours of work (or shifts) for
employees within departments shall be assigned by department heads
Personnel Rules 06 1999
44
00030►4
as required to meet the operational requirements of said
department. Any foreseeable absence or deviation from regularly
scheduled working hours desired by an employee shall, in advance,
be cleared through the employee's department head, and such
absences shall be noted on the employee's time sheet. City offices
shall be kept open for regular business on all days of the year
except Saturday, Sunday and holidays approved by the City Council.
Employees for whom necessity requires a different regular work
schedule than that generally applied shall work according to a work
schedule prepared by the employee's department head.
Section 13.3. Leave -of- Absence: The City Manager, after
consultation with the affected department head, may grant a regular
full -time employee a leave -of- absence for a period of not to exceed
one year. No such leave shall be granted except upon written
request of the employee setting forth the reason for the request.
Approval shall be in writing.
Upon expiration of an approved leave, the employee shall be
reinstated in the position held at the time leave was granted,
subject to the conditions of the leave or as provided by state
and /or federal laws. Failure on the part of an employee on leave
to report promptly at its expiration, or within twenty -four (24)
hours after notice to return to work, shall be cause of dismissal.
The depositing with the United States Postal Service of a certified
letter, addressed to the employee's last known place of address
shall be reasonable notice.
Any employee on an approved leave -of- absence shall receive no
compensation, no vacation benefits, and no sick leave upon the
effective date of the approval of the leave. Paid benefits will be
continued through the balance of the premium period, not to exceed
one (1) month. City contributions to retirement, health and
medical plans shall be suspended until the employee is reinstated.
An employee who is on leave -of- absence shall be responsible for
reimbursing any agency for any payroll deductions that the employee
has authorized. An employee reinstated after a leave -of- absence
shall receive the same step in the salary range the employee
received when the leave -of- absence began. Time spent on such leave
shall not count towards service for increases within the salary
range or benefit accruals. The employee's anniversary shall be set
forward in time one -half (Iii) month for each fifteen (15)
consecutive calendar days taken. The employee shall retain
accumulated vacation credits, sick leave credits, seniority
ranking, and other similar credits; however, such credits shall not
accrue to a person granted such leave during the period of absence.
Personnel Rules 06 1999
45
000305
Section 13.4. Military Duty: Military leave shall be granted, in
accordance with the applicable provisions of state and federal law,
to employees who are members of the state national guard or of the
organized reserves of the Armed Forces of the United States. An
employee entitled to military leave shall give his /her or her
department head an opportunity, within the limits of military
regulations, to determine when such leave shall be taken. Prior to
taking military leave, an employee, when possible, shall present a
copy of his /her or her military orders to the department head.
Employees who are required to perform active military duty (does
not include inactive duty such as scheduled reserve drill periods)
will be paid their regular salary for such active duty, up to a
maximum of 30 calendar days in each fiscal year.
Section 13.5. Vacation Leave: Each full -time regular and
probationary employee shall accrue vacation leave with pay as
follows:
a. The first through fifth years of service the vacation
leave shall be twelve (12) working days per year.
b. Commencing with the sixth year of service (after
completion of five (5) years of service) with the City,
the vacation leave shall include one additional day per
year for each additional year of service through the
thirteenth (13th) tenth year of service, to a maximum
accrual of seventeen (17) twenty ( 2 0 ) days per year.
Vacation time accrues from the date of hire consistent with the
above schedule , and shall be accrued monthly on a pro -rata basis.
Regular part -time employees shall accrue similar vacation leave
benefits at a ratio determined by the actual number of hours worked
with two thousand and eighty (2,080) hours equivalent to one (1)
year of service. Temporary employees shall not accrue vacation
leave_ Vacation leave may be taken as it accrues except that
employees serving an original probationary period in the
Competitive Service of the City may not take such leave until the
probation period is completed. Earlier use of accrued vacation may
be authorized by the department head with the concurrence of the
City Manager. The dates of vacation leave may be selected by the
employee but shall be approved by the department head who shall
Personnel Rules 06 1999
46
000306
consider the wishes of the employee and the needs of the City. In
the event that one or more municipal holidays fall within a
vacation leave, such holiday shall not be charged as vacation
leave. Employees who terminate shall be paid for accrued vacation
leave based upon their then current rate of pay. The estate of a
deceased employee shall be paid the amount of that person's accrued
vacation leave.
An employee may not accrue more than two hundred and forty (240)
hours of vacation beyond December 31 of each year. If an employee
has accrued vacation time beyond the maximum as of December 31
under any circumstances other than the City's restrictions due to
service demands or conversion of sick leave to vacation time as
allowed by rye. 7 efArtiele these Rules, the amount of time in
excess of the maximum shall be automatically forfeited unless an
extension in writing is authorized by the City Manager prior to
December 31. Any vacation leave accrued as a result of the
conversion of sick leave or other leave as authorized by an
agreement between the City and an Exclusively Recognized Employee
Organization as defined in City Resolution No. 87 -380 (or such
successor resolution ) or as may be otherwise authorized by the
City Council shall be in addition to the two hundred forty (240)
hours of vacation leave that may be accrued as of December 31 of
each year. Such additional accrual shall not exceed forty (40)
hours in any year so that the maximum accrual inclusive of this
additional accrual shall not exceed two hundred eighty (280) hours
as of December 31 of each year. It is the responsibility of the
employee to not permit the accrual to exceed the maximum. The loss
of vacation accrual shall not occur if vacation leave has been
delayed by the City due to unusual or emergency conditions as
authorized by the City Manager. Under such conditions, the City
Manager may, as authorized by the City Council, pay the employee
the cash equivalent for all or part of the vacation in excess of
the maximum accrual.
Section 13.6 Holidays: Holidays shall be observed during the
calendar year according to the dates as established by City Council
resolution. When a holiday falls on Saturday, the preceding Friday
shall be observed, and when a holiday falls on a Sunday, the
following Monday shall be observed. Regular part -time employees
shall be paid for holidays based upon the ratio of the number of
hours regularly scheduled for the work week, based upon the full -
time equivalent for that position.
Notwithstanding the foregoing provisions of this section, the City
Manager shall be authorized, by administrative regulation or
otherwise, to direct that all or a portion of the public offices of
the City shall remain open for business, on a full or reduced staff
Personnel Rules 06 1999
47
0 ®034`7
basis, on any holiday when he /she determines it to be necessary in
the public interest to do so.
Section 13.7. Jury Duty: In the event a regular full -time
employee is required to serve as a trial juror, the employee shall
be allowed to be absent from duties with the City during the period
of such service. An employee is required to complete his /her
regularly scheduled work week hours in combined service to the City
and /or court unless otherwise excused by the City Manager. An
employee who is released by the court from jury service on any
regularly scheduled work day shall return to his /her duties with
the City to complete any remaining portion of regularly scheduled
work hours unless otherwise excused by the City Manager.
The employee shall receive regular compensation in an amount
established by City Council resolution, except mileage allowance,
for any regularly scheduled work hours spent in the actual
performance of jury service and actual travel time to and from the
City and the court, provided the fees, except mileage and
subsistence allowances, which the employee received as a juror are
remitted to the City. Juror service time performed during day(s)
an employee is not regularly scheduled to work shall not be
compensated by the City nor shall be considered hours of
employment. The employee shall retain as compensation from the
court all fees, mileage and subsistence allowances which the
employee received for the juror service time performed during
day(s) an employee is not regularly scheduled to work.
The employee shall prepare and submit to the City Manager a weekly
statement of actual jury service plus the actual travel time to and
from the City and the court. The employee shall give the City
prompt notice of the employee's required jury service.
This section does not include service on the Grand Jury of any
County or any jury of inquest.
Section 13.8. Bereavement Leave: Any employee in full -time or
part -time regular budgeted positions may be allowed to be absent
from duty for up to three (3) consecutive working days (not to
exceed twenty -four working hours) without loss of pay because of
the death of a member of his /her immediate family. When travel to
distant locations or other circumstances requires absence in excess
of three consecutive working days, the appointing authority may
allow the use of accrued vacation, administrative leave,
compensatory time, or up to two days of accrued sick leave to
supplement the three working days provided in this section. For
the purpose of this section, "immediate family" shall mean the
husband, wife, parent, brother, sister, child, step- child,
Personnel Rules 06 1999
M
r' ,' Mz
grandchild, grandparent, father -in -law, mother -in -law, son -in -law,
daughter -in -law, or step - parent of an employee. The City shall not
be obligated to grant Bereavement Leave for an employee more than
twice (2 times) per calendar year. The City Manager, in his/her
sole discretion, may approve the use of bereavement leave for the
death of other persons closely associated with an employee.
Section 13.9. Pregnancy Disability Leave: To be eligible for
Pregnancy Disability Leave, a female employee must be disabled by
pregnancy, childbirth, or related medical conditions. Adoptions do
not qualify for Pregnancy Disability Leave.
The Pregnancy Disability Leave includes any time taken for any of
the following reasons:
a. The employee is unable to work at all or is unable to
perform any one or more of the essential functions of her
job or is unable to perform any one or more of the
essential functions of her job without undue risk to
herself, the successful completion of her pregnancy, or
to other persons because of pregnancy or childbirth or
because of any medically recognized physical or mental
condition that is related to pregnancy or child birth
(including severe morning sickness); or
b. The employee needs to take time off for prenatal care.
Pregnancy Disability Leave may be taken in one or more periods
(intermittently) or on a reduced leave schedule when medically
advisable, as determined by the employee's health care provider,
but may not exceed four months total. "Four months" means that
number of days the employee would normally work within four months.
Pregnancy Disability Leave shall not count against the leave
available under the City's rule on Family Care and Medical Leave.
An employee on Pregnancy Disability Leave must use all accrued paid
sick leave (not to exceed six (6) weeks per Section 13.10 of the
Personnel Rules) and may use any or all accrued paid vacation time,
accrued administrative leave, and earned compensatory time at the
beginning of any otherwise unpaid leave period. All other
Pregnancy Disability Leaves are unpaid leaves. The receipt of
vacation pay, administrative leave pay, compensatory time pay, sick
leave pay, or disability insurance benefits will not extend the
length of the Pregnancy Disability Leave. An employee may use paid
leaves to supplement payments received as disability insurance
benefits, but the combination of the two may not exceed the
employee's regular salary.
Personnel Rules 06 1999
5U:
000309
An employee on Pregnancy Disability Leave without pay shall receive
no compensation and shall not accrue vacation benefits or sick
leave. While an employee is on unpaid Pregnancy Disability Leave,
the City's contributions to all benefit plans (e.g., retirement,
medical, optical, dental, life insurance, disability etc.) will be
suspended until the employee returns to work, unless such
contributions are required by law. Such an employee shall be
responsible for reimbursing the City for any payroll deductions
that the employee has authorized and elected to continue during the
unpaid Pregnancy Disability Leave. An employee on unpaid Pregnancy
Disability Leave shall retain the vacation time, administrative
leave, compensation time, seniority ranking and other similar
credits accumulated, but not used, prior to the commencement of the
Pregnancy Disability Leave without pay.
An employee on unpaid Pregnancy Disability Leave remains an
employee and the leave will not constitute a break in service. An
employee who returns from Pregnancy Disability leave will receive
the same step in the salary range she received when such leave
began. The period of Pregnancy Disability Leave without pay shall
not count towards service for increases within the salary range or
benefit accruals. The anniversary of an employee on Pregnancy
Disability Leave without pay will be set forward in time one -half
month for each fifteen (15) consecutive calendar days of such
leave.
An employee requesting Pregnancy Disability Leave must provide
medical certification from her health care provider on a form
supplied by the City. Failure to provide the required
certification in a timely manner (within 15 days of the leave
request) may result in denial of the leave request until such
certification is provided.
An employee should provide not less than five (5) working days'
notice to her department head, or such shorter notice as is
practicable, if the need for the leave is foreseeable. The request
must also include a scheduled date of return. The Pregnancy
Disability Leave may extend for a maximum of four (4) calendar
months, upon written notice from the employee, received by the
department head at least ten (10) working days prior to the
scheduled date of return. Failure to provide any such notice is
grounds for denial of a leave request, except if the need for
Pregnancy Disability Leave was an emergency or was otherwise
unforeseeable. Where possible, employees must make a reasonable
effort to schedule foreseeable planned medical treatments so as not
to unduly disrupt the City's operations.
Personnel Rules 06 1999
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000310
If an employee needs intermittent leave or leave on a reduced leave
schedule that is foreseeable based on planned medical treatment,
the employee may be transferred temporarily to an available
alternative position for which she is qualified that has equivalent
pay and benefits and that better accommodates recurring periods of
leave than her regular position.
Upon timely return at the expiration of the Pregnancy Disability
Leave period, an employee is entitled to the same position unless
the employee would not otherwise have been employed in the same
position at the time reinstatement is requested for legitimate
business reasons unrelated to the employee's Pregnancy Disability
Leave or each means of preserving the job for the employee (such as
leaving it unfilled or filling it with a temporary employee) would
have substantially undermined the City's ability to operate the
business safely and efficiently. If the employee is not reinstated
to the same position, she must be reinstated to a comparable
position unless there is no comparable position available or a
comparable position is available, but filling that position with
the returning employee would substantially undermine the City's
ability to operate the business safely and efficiently. A
"comparable position" is a position that involves the same or
similar duties and responsibilities and is virtually identical to
the employee's original position in terms of pay, benefits, and
working conditions.
Before an employee will be permitted to return from a Pregnancy
Disability Leave of three (3) days or more, the employee must
obtain a certification from her health care provider that she is
able to resume work.
Failure on the part of an employee on leave to report promptly at
its expiration, or within twenty -four (24) hours after notice to
return to work, shall be cause for dismissal. The depositing of
said notice with the United States Postal Service addressed to the
employee's last known address shall be reasonable notice.
If an employee takes additional leave for reason of the birth of
her child at the expiration of her Pregnancy Disability Leave, her
right to reinstatement is governed by the City's Family and Medical
Leave policy, not by this Pregnancy Disability Leave policy.
Section 13.10 Sick Leave
A. Allowable Uses and Definition of "Immediate Family" For
Purposes of Sick Leave Use.
Personnel Rules 06 1999
51
000311
Sick leave shall not be considered as a privilege which an employee
may use at his /her discretion, nor shall it be permitted to be used
for organizational disruption during a labor dispute, but rather
it shall be allowed only for the following reasons:
1. Illness and physical incapacity of the employee due to
non -work related illness, injury or temporary disability
provided that sick leave for temporary disability of a
female employee due to pregnancy, childbirth or related
medical conditions shall not exceed six (6) weeks.
2. Enforced quarantine of the employee in accordance with
community health regulations.
3. Job - related injury or illness pursuant to the provisions
of RULE 14.0.
4. Appointments for health care for the employee or
immediate family as defined in items 5a.), 5b.) and 5c.)
to follow provided that a note from the health care
provider is provided to the City if requested and the
supervisor is informed of the intention to use sick leave
for a medical appointment as soon as the appointment is
scheduled and in no event less than three (3) work days
prior to the scheduled appointment date unless said
appointment is a result of an emergency situation; and,
5. Care of immediate family if a person is a member of the
household or a dependent as follows:
a) Spouse
b) Child (natural, adopted, or stepchild) per FMLA, to
age 25, or currently enrolled under the City's
health insurance program, whichever is longer.
c) Parent
d) Other individual whose relationship to the employee
is that of a dependent living in the same household
as determined by the City Manager at his /her sole
discretion. An employee must request a
predetermination of such status and such
information will be considered confidential to the
extent permitted by law. The employee may make one
request for such determination once per calendar
year, but not within six months of the last
request. The City Manager shall make his /her
Personnel Rules 06 1999
52
000312
determination within thirty (30) days after
receiving the request in writing.
Further, if the child or parent is not a dependent
or living in the same household, sick leave use for
them shall be limited as follows:
1. Serious illness or injury with prior written approval of
the City Manager based upon written documentation that
employee's presence is necessary to provide care or
comfort with approval as determined by the City Manager
at his /her sole discretion.
2. Limited to forty (40) hours per calendar year.
3. Requires employee to have a minimum sick leave reserve
according to the following table:
Years of Service
Accrued Sick Leave Hours
1
40
2
80
3
120
4
140
5
160
6
180
7 or more years
200
B. General Provisions
Each full -time regular and probationary employee shall accrue sick
leave at the rate of ten (10) days per year. Regular part -time
employees accrue sick leave at a ratio determined by the actual
number of hours worked. Accrued sick leave has no monetary value.
In order to receive compensation while absent on sick leave, the
employee shall notify his /her immediate supervisor or the
department head of his /her illness and location prior to, or within
four (4) hours after the time set for beginning his /her daily
duties or as may be specified by the department head. The City
Manager may require an employee to submit a physician's written
Personnel Rules 06 1999
53
000313
certification stating the nature and cause of an absence when the
employee has been absent on sick leave for more than three (3)
consecutive regular work shifts. When in the judgement of the City
Manager the employee's reasons for being absent because of alleged
sickness are inadequate, a finding shall be made that the employee
has abused sick leave privileges and the absence shall be counted
as absence without leave.
An employee who becomes ill while on vacation may have such period
of illness charged to the employee's accumulated sick leave instead
of vacation. The employee must immediately upon returning to work
submit a written request to the department head for sick leave and
a written statement from a physician stating the nature and cause
and dates of the illness. Such request must be approved by the
department head and the City Manager.
An employee shall have one day deducted from his /her accrued sick
leave time for each regularly scheduled working day that the
employee is on paid sick leave. In the event that an employee
becomes ill during working hours and is placed on paid sick leave
prior to the close of the work day, such paid sick leave shall be
calculated to the nearest one - quarter hour.
The—employee using sick leave during _ the work_ week, who is
subsequently required to work extra hours, shall have the option of
being paid at the straight time rate or reduce their charge against
their sick leave accrual.
Observed holidays occurring during sick leave shall not be charged
against an employee's accrued sick leave except that an employee
entitled to holiday pay under provisions of these Rules who is
absent from work the day preceding or succeeding an observed
holiday without prior written authorization from the department
head shall not be allowed the use of accumulated sick leave for
such absence. The City Manager may waive this provision if written
documentation is provided concerning the nature of the illness
resulting in the absence.
An employee who is absent from work the day preceding or succeeding
an observed holiday without prior written authorization from the
appointing authority shall not be allowed the use of accumulated
sick leave for such absence. The City Manager may waive this
provision if written documentation is provided concerning the
nature of the illness resulting in the absence. The intent of this
Rule is that is the responsibility of the employee to seek the
waiver.
Personnel Rules 06 1999
54
000314
An employee may be required to take physical examinations at
periodic intervals while on sick leave from a physician designated
and paid for by the City.
In the event that an employee uses all the sick leave he /she has
accrued, he /she shall then have the vacation days he /she has
accrued deducted for each day he /she is absent due to illness.
Vacation days shall continue to be deducted until the employee
either returns to work or all of accrued vacation days are used.
The employee may apply to receive a leave -of- absence without pay,
if the employee does not have any accrued vacation or sick days.
C. Sick Leave Approval
1. Any employee requesting to use his /her sick leave
privilege, who has a balance of less than �4 forty (40)
hours of such leave at the beginning of the pay period in
which the leave is requested or when his /her supervisor
provides written notice to the employee that he /she
reasonably believes that an abuse of sick leave privilege
is occurring, may be required by his /her supervisor to
provide a certificate from a physician that the absence
from work due to illness or injury was medically
justified. Non - compliance with the request for a medical
certificate could result in a denial of the use of the
sick leave privilege for that period of absence.
2. Once the medical certificate is required of an employee,
the employer may require the employee to provide a
certificate with each absence until the employee's
accrued sick leave balance has reached forty eight (448)
hours. This requirement shall be discontinued at such
time the employee has sick leave balance of at least
forty eight (448) hours. This does not supersede the
City's ability to require a medical certificate
consistent with other applicable provisions of the
Personnel Rules; and
3. An employee using more than his /her annual accrual of
sick leave in less than 26 pay periods may be notified
that a physician's certificate is to be provided to the
supervisor with each absence due to illness or injury
until his /her sick leave balance reaches forty (40)
hours. This provision will not normally be invoked if
the circumstances, which cause the employee's sick leave
use, included extended illness or recovery from surgery.
Personnel Rules 06 1999
55
000315
D Co.n.ver..'s -ior of Sick Leave
So long as an employee has at least the minimum number sick
leavehours �.ccr_u ......................... ....... .................. ................. ... ............
31 of any yeas..,, the emp.l_oyee may choose to conve l't up to fort v.
Y oa rs of j accrued sick leave 'to accrued vacat::ior2 leave. T'
emp mutt. submit his /her Written derlarat.i tO convert up i-o
40 -ours _,f accrued sick leave to a ccruerl vacation to he r —tv -
between Decembe.r 1 and December Once the sic: leave_; y
--------- - -_ - -- - - --
,C-o-yert':ed t�o 'v'a ^at C:)T1, it shall be s'i"ib eCt: tc) the proy'is ons of
Section 13.5 of these Rules.
Months
of Service
Accrued Sick Leave Hours
107 Months or Less
240
108 -
1.19 Months
250
120
131 Mont'rs
26 i
13-2-1- -
143 Months
�0
144 or
More Months
280
Section 13.11
Family and Medical Leave
A. Eligibility and Uses
To be eligible for Family and Medical Leave, the employee must have
been employed by the City in a regular full -time or part -time
position for at least twelve (12) months and must have worked at
least 1,250 hours during the twelve (12) month period immediately
preceding start of the Family and Medical Leave.
The Family and Medical Leave can include any time taken (with or
without pay) up to twelve (12) work weeks in any twelve (12) month
period, for any of the following reasons:
1. To care for the employee's newborn child or a child
placed with the employee for adoption or foster care.
Leaves for this purpose must conclude twelve (12) months
after the birth, adoption, or placement. If both parents
are employed by the City, they will be entitled to a
combined total of twelve (12) weeks of leave for this
purpose.
4-2. Because of the employee's own serious health condition
(including a serious health condition resulting from an
on- the -job illness or injury) that makes the employee
unable to perform his or her job at all or unable to
perform any one or more of the essential functions of his
or her job, other than a disability caused by pregnancy,
childbirth, or related medical conditions, which is
Personnel Rules 06 1999
OR
000310
covered by the City's separate rule on Pregnancy
Disability Leave.
3. To care for a spouse, child, or parent with a serious
health condition.
B. Definitions
The following definitions apply for purposes of Section 13.11 only:
1. Child: a biological, adopted, or foster child, a
stepchild, a legal ward, or a child or a person standing
in loco parentis, who is either under age 18, or age 18
or older and incapable of self -care because of a mental
or physical disability.
2. Family and Medical Leave: Either unpaid or paid leave
taken in accordance with this Rule.
3. Foster Care: Foster care means the twenty -four (24) hour
care for children in substitution for, and away from,
their parents or guardian which involves an agreement
between a state and the foster family. Foster care may
be with a child's relatives.
4. Health Care Provider:
a. An individual holding either a physician's
osteopathic's, or surgeon's certificate,
b. Any person duly licensed as a physician, surgeon,
osteopathic physician in California or in another
state or jurisdiction who directly treats or
supervises the treatment of the serious health
condition.
C. Any other person determined by the Secretary of
Labor to be capable of providing health care
services.
5. Serious Health Condition is an illness, injury,
impairment or physical or mental condition that involves
a. In- patient care in a hospital, hospice, or
residential medical care facility, including any
period of incapacity or any subsequent treatment in
conjunction with such inpatient care (excluding
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voluntary or cosmetic treatments that are not
medically necessary and do not require inpatient
hospital care unless complications develop); or
b. Continuing treatment by a health care provider.
6. Spouse: Those people considered legally married by the
State of California. An unmarried domestic partner is
not considered a spouse for these purposes.
7. The Twelve (12) month Period in which twelve (12) weeks
of Family and Medical Leave may be taken is the twelve
(12) month period immediately following the start of any
Family and Medical Leave.
8. Twelve (12) Workweeks means the equivalent of twelve (12)
of the employee's normally scheduled workweeks.
9. Week(s): Week means five (5) working days for a full -time
employee. For a part -time employee, a weekly average of
the hours worked over the twelve (12) weeks prior to the
beginning of the leave shall be used to calculate the
employee's week.
C. Duration and Use of Accrued Leave
Family and Medical Leave can be taken in one or more periods, but
may not exceed twelve (12) workweeks total for any purpose in any
twelve (12) month period for any one, or combination of the
described situations.
Any employee on Family and Medical Leave because of his or her own
serious health condition must use all accrued paid Sick Leave,
Vacation Leave and Administrative Leave Cempensate�� at the
beginning of any otherwise unpaid Family and Medical Leave period.
An employee on Family and Medical Leave to care for a spouse,
parent, or child with a serious health condition must use all
accrued pawl, Vacation Leave,— and Administrative Leave. and;
Gempensatery Accrued sick leave may be used during an
otherwise unpaid Family and Medical Leave only to the extent
permitted by Section 13.10 of these Rules.
An employee on Family and Medical Leave for child care must use all
accrued paid vVacation leave, and aA_dministrative leave, -•
eempensatery ti at the beginning of any otherwise unpaid Family
and Medical Leave.
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All other eligible Family and Medical Leaves not addressed in this
Rule are unpaid leaves.
The receipt of vacation leave pay, sick leave pay, administrative
leave pay, compensatory time pay or disability insurance benefits
does not extend the length of the Family and Medical Leave beyond
the twelve (12) workweeks in any twelve (12) month period as
specified in this Section.
An employee on Family and Medical Leave without pay shall receive
no compensation and shall not accrue vacation or administrative
leave benefits or sick leave. Unpaid Family and Medical Leave
shall not count as time worked for purposes of establishing
seniority for layoff, recall, promotion, job assignment and
seniority related benefits such as vacation. An employee on unpaid
Family and Medical Leave shall retain seniority ranking and sick
leave credits (if not subject to the exhaustion requirement
contained in this Section), not used, prior to the commencement of
the unpaid Family and Medical Leave. Employment benefits other
than health benefits shall be handled in the same manner as
benefits for employees on a leave of absence without pay.
D. Health Benefits Coverage and Premium Payments
1. While an employee is on paid Family and Medical Leave,
the City's contributions on behalf of the employee to the
City's medical, dental, and optical plans (health
benefits) will be continued.
2. While an employee is on unpaid Family and Medical Leave,
the City will not make any contributions, except for the
plans mentioned above, on behalf of the employee, until
the employee returns to work. An employee on unpaid
Family and Medical Leave shall be responsible for
reimbursing the City for any payroll deductions that the
employee has authorized and elected to continue during
the unpaid Family and Medical Leave.
3. During unpaid or paid Family and Medical leave, an
employee may elect to discontinue health insurance
coverage for a spouse and /or any dependent(s) as well as
any other benefits offered or sponsored by the City to
which the employee is required to make monthly
contributions.
4. An employee shall continue to be responsible for making
the payment of required contributions towards the cost of
benefits not revoked under (3) above. If any premium
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amounts are increased or decreased as to other employees
similarly situated, the employee shall be required to pay
the new premium rates.
5. All contributions required to be made by the employee are
due and payable to the City at the same time as they
would be made through payroll deduction.
6. If any monthly contributions required under this Section
are not received within thirty (30) days of their due
date, the City shall discontinue said benefit(s).
7. Employees included in a retirement plan may continue to
make contributions in accordance with the terms of the
plan during the Family and Medical Leave. However, the
City shall not be required to make plan payments for
employees during the unpaid Family and Medical Leave, and
the unpaid Family and Medical Leave shall not be counted
for purposes of time accrued under the plan.
8. The City shall recover the premium it paid for
maintaining health benefits for an employee during unpaid
Family and Medical Leave if the employee fails to return
to work promptly upon the expiration of Family and
Medical Leave for reasons other than the continuation,
recurrence or onset of a serious health condition that
entitles the employee to Family and Medical Leave or
other circumstances beyond the employee's control.
E. Certification
An employee requesting Family and Medical Leave because of his or
her own serious health condition, or his or her spouse's, child's
or parent's serious health condition must provide medical
certification from the appropriate health care provider on a form
supplied by the City. Failure to provide the required
certification within fifteen (15) calendar days of the leave
request may result in denial of the leave request until such
certification is provided.
If the City has reason to doubt the medical certification
supporting a leave because of the employee's own serious health
condition, the City may request a second opinion by a health care
provider of its choice and paid for by the City. If the second
opinion differs from the first one, the City will pay for a third,
mutually agreeable, health care provider to provide a final and
binding opinion.
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Recertifications are required if leave is sought after expiration
of the time estimated by the health care provider. Failure to
submit required recertifications can result in termination of the
leave.
F. Notice
Employees shall provide not less than thirty (30) days' written
notice, or such shorter notice as is practicable, to the Personnel
Director for foreseeable childbirth, placement of a child for
adoption or foster care, or any planned medical treatment for the
employee or his /her spouse, child, or parent.
Failure to provide such notice is grounds for denial of a leave
request, except if the need for Family and Medical Leave was an
emergency or was otherwise unforeseeable. Where possible,
employees must make a reasonable effort to schedule foreseeable
planned medical treatments so as not to unduly disrupt the City's
operations.
G. Intermittent Leave
If Family and Medical Leave is taken because of the employee's own
serious health condition or the serious health condition of the
employee's spouse, parent, or child, the leave may be taken
intermittently or on a reduced leave schedule when medically
necessary, as determined by the health care provider of the person
with the serious health condition.
If Family and Medical Leave is taken because of the birth of the
employee's child or the placement of child with the employee for
adoption or foster care, the minimum duration of leave is two (2)
weeks, except that the City will grant a request for Family and
Medical Leave for this purpose of at least one day but less than
two weeks' duration on any two (2) occasions.
If an employee needs intermittent leave or leave on a reduced leave
schedule that is foreseeable based on planned medical treatment for
the employee or a family member, the employee may be transferred
temporarily to an available alternative position for which he or
she is qualified that has equivalent pay and benefits and that
better accommodates recurring periods of leave than the employee's
regular position.
In the event that an employee requires intermittent Family and
Medical leave, including, but not limited to, prolonged treatment
plans or a series of surgeries, he or she shall notify the City in
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writing of the anticipated dates for the Family and Medical leave
as much in advance as possible.
H. Protection of Employment and Benefits
Upon timely return at the expiration of the Family and Medical
Leave period, an employee is entitled to the same or a comparable
position with the same or similar duties and virtually identical
pay, benefits, and other terms and conditions of employment unless
the same position and any comparable positions have ceased to exist
because of legitimate business reasons unrelated to the employee's
Family and Medical Leave.
An employee on unpaid Family and Medical Leave remains an employee
and the leave will not constitute a break in service. An employee
who returns from Family and Medical Leave will receive the same
step in the salary range he or she received when such leave began.
The period of Family and Medical Leave without pay shall not count
towards service increases within the salary range or benefit
accruals. The anniversary of an employee on Family and Medical
Leave without pay will be set forward in time one -half month for
each fifteen (15) consecutive calendar days of such leave.
Failure on the part of an employee on leave to report promptly at
its expiration, or within twenty -four (24) hours after notice to
return to work, shall be cause for dismissal. The depositing in
the U.S. Mail of a certified letter, addressed to the employee's
last known address shall be reasonable notice.
Before an employee will be permitted to return from Family and
Medical Leave taken because of his or her own serious health
condition, the employee must obtain a certification from his or her
health care provider that he or she is able to resume his or her
essential work functions in his or her former position.
RULE 14 - WORKER'S COMPENSATION
Section 14.1 Injuries on the Job: All employees of the City of
Moorpark shall be governed by the laws of the State of California
relating to Worker's Compensation and Consolidated Omnibus Budget
Reconciliation Act (C.O.B.R.A) or as broadened by this Section.
All injuries sustained in the course of employment shall be
immediately reported by the injured employee to his /her immediate
supervisor. If the immediate supervisor is not available, then the
injured employee shall immediately notify one of the following in
ascending order: the appropriate department head, Assistant City
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Manager, City Manager or City Clerk. All accidents or injuries, no
matter how minor or small, must be reported by the injured employee
on the prescribed forms by the end of the work shift in which the
injury occurred. If the work shift concludes after the end of
normal business hours or the work shift is on a Saturday, Sunday or
holiday, when the injured employee contacts his /her immediate
supervisor, as required above, he /she shall also arrange to have
the prescribed forms completed no later than the next succeeding
day of business. The supervisor must immediately notify the
department head and file a written accident report with the City
Manager no later than the next succeeding day of business. In the
event that a work related injury requires emergency medical care,
the employee's supervisor may report the injury. Failure to comply
with this provision may result in disciplinary action.
Section 14.2. Choice of Physicians: Injured employees have the
choice of going to the City's designated physicians or to a
physician of the employee's choice selected in writing in advance
and provided to the _Personnel Director. The City shall retain
medical control for the first thirty (30) days after an injury
unless the injured employee has notified the City prior to the
injury of his /her choice of physician. An attending physician who
accepts the Worker's Compensation referral has the responsibility
by law to submit to the City of Moorpark a Doctor's First Report of
Injury and is obligated to accept payment for services rendered for
various procedures by a fee schedule established by the State of
California. Employees who visit the physician of their elected
choice must notify the City of Moorpark of the doctor's name,
address and nature of the injury. The City is not obligated to
rely upon the opinion of employee's doctor of choice as authority
regarding the employee's medical condition.
Section 14.3. Authorized Absence. This Section shall only apply
to those injuries or illnesses that are admitted by the City as
arising out of and in the course of employment. At the City's
discretion, the City may contest the job relatedness of an injury
or illness. In such event the City shall not be obligated to
continue full salary for the aforementioned.
Whenever a regular or probationary full -time employee of the City
is disabled by an injury or illness arising out of, and in the
course of his /her duties, the City shall continue full salary for
a period of five (5) working days or until the employee is eligible
for temporary disability benefits under the State Worker's
Compensation laws, whichever occurs first. The employee may use
accumulated sick leave in combination with temporary disability
benefits provided under State Worker's Laws to provide continuation
of the employee's regular monthly base salary until such accruals
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are exhausted or until the employee is no longer temporarily
disabled, whichever occurs first. If accumulated sick leave is
sooner exhausted, an employee temporarily disabled under the
provisions of this Section may, for the purpose of supplementing
Worker's Compensation temporary disability benefits, elect to use
accumulated days of vacation and /or accrued compensatory time off
to continue his /her regular salary when combining with the
temporary disability payments. If the temporary disability period
extends beyond the use of accumulated vacation and compensatory
time off, the employee shall be placed under provisions of Worker's
Compensation payments. The use of any portion of accumulated sick
leave, vacation or compensatory time must be requested in writing
by the employee prior to its use.
It is strictly prohibited to combine sick leave, vacation leave,
and /or Worker's Compensation benefits in any manner, which would
exceed the employee's regular monthly base salary. A written
report shall be furnished by the department head to the City
Manager during each thirty (30) days, setting forth the physical
condition of the injured employee and his /her recovery progress.
Regular /Part -time employees are eligible for the same use of
accumulated leave during periods of job - related disability at a
ratio of hours regularly scheduled for their respective work week
and the full -time equivalent for that time.
Any employee bringing an action against a third party to recover
for injuries or disabilities for which the City has made payments
of salary or compensation, shall forthwith give the City written
notice of such action and thereafter, the City shall be entitled to
reimbursement out of any recovery made by the employee in such
action for amounts paid for salary or compensation and fringe
benefits during the period of disability. Upon making of
restitution, such sick leave, vacation leave, and compensatory time
off used by employee during the disability shall be restored to the
employee's account.
Section 14.4.
Disability Evaluation:
A. Modified work program resulting from injury or illness.
There are no guaranteed modified light duty positions in the
City of Moorpark. The purpose of this section is to establish
a uniform procedure regarding temporary modified work /return
to work program.
It shall be the policy of the City of Moorpark, to assign
modified work to employees who are temporarily disabled from
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the usual and customary job duties as a result of an on -the-
job /off -work injury or illness when such temporary modified
work is within the limitations prescribed by a City- approved
physician or employee- approved physician according to the
following definitions, responsibilities and procedures.
DEFINITIONS:
1. On- the -job injury or illness: Injury or illness which
occurs in the course of the employment.
2. Off -work injury or illness: Injury or illness which
occurs during non -work periods and is non - industrial in
origin.
3. Modified work: The temporary restructuring and /or
modifications of work, duties or tasks.
PROCEDURES:
In any instance which the employee is to be considered for modified
work, the work assignment(s) are to be within the limitations
prescribed by a city- approved physician or employee- approved
physician. The following procedures are set forth:
1. City- approved physician or employee- approved physician
shall be expected, within the conduct of acceptable
medical practice, to release employees, who would
otherwise be temporarily totally disabled, to modified
duty and to fully describe the employee's limitations in
sufficient detail to enable the City to determine and
provide suitable temporary modified work.
2. If medically feasible, the employee must provide a
statement from the physician, which includes an estimate
as to an expected date of recovery from the injury or
illness and to the extent the employee can be returned to
full work status. Such dates can be adjusted based upon
an accelerated or a prolonged period of rehabilitation or
recovery.
3. Upon receipt of the doctor's release, the City Manager or
his /her designee and the department head shall review the
medical release and determine if the respective
department to where the employee is assigned has
available duties which would permit the employee to
perform under the temporary modified work program.
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4. If the temporary modified work is unavailable within the
employee's usual department, other departments shall be
contacted and attempts shall be made to provide a
suitable work assignment on a temporary basis.
5. If no suitable temporary modified duty task is available
as a result of the specific types of injury or illness,
the employee shall not be permitted to participate in the
modified duties program.
6. All temporary modified duty assignments shall be reviewed
by the City Manager or his /her designee and department
heads every thirty (30) days.
7. Upon release to regular work without restrictions, the
employee shall be returned to his /her regular work unit
and resume his /her regular duties.
8. The employee, during the period of temporary modified
work shall be entitled to accumulate pay and benefits at
the same rate of pay and benefit accumulation as if the
employee were working his /her regular duties. Rate of
pay and benefit accumulation shall be prorated if the
employee works less than forty (40) hours per week during
the period of temporary modified work. Personnel action
requests shall reflect the work period but shall also
indicate a notation that the employee is on modified
work. Said notation is for record keeping purposes only.
B. When medical evidence obtained by the city- approved physicians
and /or employee- approved physicians indicate with reasonable
medical probability that the injured employee will be
incapable of returning to the full duty position, the City
Manager shall render a determination on employment as outlined
in Section 14.5.
Section 14.5. Determination on Employment: Subject to medical
consultations, a final determination shall be made by the City
Manager as to whether or not the employee shall:
1. Return to modified work when the medical condition may be
reasonably accommodated.
2. Transfer to another position based on the qualifications
of experience, education and physical ability.
3. Terminate employment with the City.
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Section 14.6. Accrual of Leave Benefits and City Contributions to
Retirement and Health Plans Regarding Uncontested Claims. Any
regular employee shall continue to accrue vacation, holidays and
sick leave, to earn eligibility for consideration for merit salary
increases and the City shall continue to make required
contributions to the retirement and health and medical plans during
an absence resulting from an on- the -job injury, providing he /she
receives compensation payments under the provisions of the
California Worker's Compensation Law. A probationary employee
shall be entitled to the same benefits as a regular employee except
he /she shall not continue to earn eligibility for consideration
towards completion of the probationary period.
Section 14.7. Contested Claims. This section shall only apply to
those cases in which the City is claiming that an injury or illness
did not arise out of or in the course of employment as defined
under the Worker's Compensation laws. In such contested industrial
injury claims, the City of Moorpark shall refrain from payment of
temporary disability indemnity unless there is a finding made by
the Worker's Compensation Appeals Board for such payment. In such
contested industrial injury claims, the employee shall be entitled
to use accumulated sick leave to provide continuation of the
employee's regular monthly salary for a period until the employee
is no longer temporarily disabled. In those cases in which the
accumulated sick leave is exhausted before the employee becomes
permanent and stationary, the employee may elect to use accumulated
days of vacation and /or accrued compensatory time off to continue
his /her regular monthly salary. The use of any portion of
accumulated compensatory time, sick leave or vacation must be
requested in writing by the employee prior to its use. If the
period of temporary disability extends beyond the use of
accumulated vacation and compensatory time off, or the employee has
elected not to use any portion of said accumulated leave, the
employee shall be placed on leave of absence by the City as
outlined by Section 13.3 of the City's Personnel Rules, pending a
determination regarding compensability of the claim under
applicable provisions of California Worker's Compensation law.
Until such time as the compensatory disability of the claim is
determined under the applicable provision of California Worker's
Compensation law, no accruals of vacation benefits or sick leave
shall accrue. City contributions to retirement, health and medical
plans, including but not limited to medical, dental, vision, life
and long term disability programs shall be suspended. Any pre -paid
premium made by the City on behalf of the employee and /or his
dependents not exceeding thirty (30) calendar days from the date
the City determines to contest the claim shall be honored by the
City. In the event of such suspension of contribution to health
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and medical plans, the City will offer the employee at his /her
costs the opportunity to continue coverage under said plans for a
period of time and payment of administrative fee to the City as
allowed pursuant to applicable Federal and State laws. Such
payment by the employee must be received by the City prior to the
City's due date for payment of the premium.
If the injury or illness is later determined to have occurred
arising out of or within the course of employment by the Worker's
Compensation Appeals Board, the employee will be retroactively
provided accrued benefits in accordance with Section 14.3 of the
City's personnel rules. If a retroactive reinstatement of said
benefits as outlined in Section 14.3 results in an inequity, the
benefits will be adjusted so that neither the City or the employee
will receive more than they would be entitled by statute or
according to City of Moorpark Personnel Rules had the case not been
contested.
RULE 15 - GRIEVANCE PROCEDURE
Section 15.1. Matters Subject to Grievance Procedures: Any
alleged violation(s) of the Personnel Rules or performance
evaluation except personnel suspension, restitution, reduction in
salary, demotion or dismissal, an alleged infringement of an
employee's personal rights, such as discrimination, harassment, or
the alleged capricious use of supervisory or management authority,
or alleged violation of commonly accepted safety practices and
procedures, shall be considered to be a matter subject to review
through the grievance procedure. Also excluded are determination
of contents of job classifications and procedures and standards of
selection for employment and promotion, budgetary items, standards
of service, the mission of departments, and all other matters of
general legislative and managerial policy.
Section 15.2. Informal Grievance Procedure: Every effort shall be
made to resolve 'a grievance through discussion between the employee
and the employee's immediate supervisor. If, after such
discussion, the employee does not feel that the grievance has been
satisfactorily resolved, the employee shall have the right to
discuss the matter with the immediate supervisor's supervisor, if
any, within the department organization. Otherwise, the employee
shall have the right to discuss the matter with the department
head.
Section 15.3. Formal Grievance Procedure: If the employee is not
in agreement with the decision rendered in the informal grievance
procedure, an employee shall have the right to present a formal
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grievance in writing to the department head within five (5) working
days after the occurrence of the incident in the grievance. The
department head shall review the grievance and render a decision in
writing and return it to the employee and /or the employee's
designated representative within five (5) working days after
meeting with the employee.
Section 15.4. Appeal to the City Manager: If the employee does
not agree with the decision reached by the department head, the
employee may present an appeal in writing to the City Manager
within five (5) working days after the employee's receipt of the
department head's decision. The appeal shall be signed and
delivered to the City Manager, who shall set a meeting with the
employee and /or the employee's representative to discuss the
grievance within ten (10) working days. Within seven (7) working
days the City Manager shall render a formal decision in writing.
The City Manager shall deliver a copy of the decision to the
employee and /or the employee's representative and the department
head. The decision of the City Manager shall be final.
Section 15.5. Requirement to Appoint Hearing Officer: If the
grievance is against the City Manager, the appeal shall be heard
and decided by the City Council. At the first meeting of the City
Council held after the written appeal is received in accordance
with Section 15.4, the City Manager shall inform the City Council
of the appeal. The appeal shall be conducted in accordance with
Sections 15.4 and 15.6, except that the meeting between the City
Council and the employee shall be held within fifteen (15) working
days after the City Council is informed of the appeal.
Section 15.6. Conduct of Grievance Procedure:
1. The time limit specified above may be extended to a
definite date by mutual written agreement of the employee
and the appellate person or body.
2. The employee may request the assistance of another person
of his /her own choosing in preparing and presenting
his /her appeal at any level of review.
3. The employee and his /her representative may be privileged
to use a reasonable amount of work time, as determined by
the City Manager, in conferring about and presenting the
appeal of any grievance matter to the City Manager.
4. Failure of the employee to take further action within the
above - described time limits shall constitute withdrawal
of the grievance.
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5. The employee may be assured freedom from reprisal for
using the grievance procedures.
RULE 16 - EMPLOYEE REPORTS AND RECORDS
Section 16.1. Personnel File: The City Manager shall maintain a
personnel file for each employee in the Competitive Service of the
City. The file shall include the employee's name, position title,
department to which assigned, salary, all information used to
determine the employee's qualifications for employment, promotion,
additional compensation and disciplinary action and such other
information as may be considered pertinent by the City Manager.
Employees have the right to inspect the contents of their
respective personnel files during a scheduled appointment, except
that the employee shall have no right to inspect letters of
reference or records relating to any investigation of possible
criminal offense by the employee and /or other records exempted by
the California Labor Code or applicable court rulings.
Section 16.2. Disclosure of Information: No information shall be
disclosed from the personnel file of a current or former employee
other than the employee's job title, work location, work phone
number, salary verification, and departmental assignment to any
person other than the City Manager, City Attorney or their
designated representatives. An employee or former employee may
authorize the disclosure of information from their file only when
written permission is provided. Nothing herein shall preclude nor
specifically deny the use of any information in personnel files in
any phase of a disciplinary or probationary action.
Section 16.3. Personnel Transactions: Any action concerning an
employee's status of employment shall be processed on forms as
prescribed by the Personnel Director. Each department head shall
complete such forms according to his /her recommendation. Such
status shall become effective on the date specified by the City
Manager. All employees shall be notified in writing of any
personnel action taken during their status of employment.
Section 16.4. Notification of Address /Telephone: Employees shall
notify the Personnel Director of any change of address and /or
telephone number within five (5) days of such change and shall
submit a new Internal Revenue Service Form W -4 to the Finance
Department.
Section 16.5. Resignation: An employee wishing to leave the
Competitive Service in good standing shall file with the appointing
authority a written resignation stating the effective date and
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reasons for leaving at least two weeks before leaving the service,
unless such time limit is waived by the appointing authority. A
statement as to the resigned employee's service performance and
other pertinent information shall be forwarded to the Personnel
Director. Failure to give notice as required by this rule shall be
cause for denying future employment by the City.
IT FURTHER RESOLVED, that this resolution shall become
operative and be in full force and effect on and after the
day of , 1999.
_ SECTION _ The City Clerk shall certify__to the adoRtion__of
this resolution and shall cause a certified resolution to be filed
in the book of oriainal Resolutions.
PASSED; AP-P-R9 AND ADOPTED this day of
1999.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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