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AGENDA REPORT en
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, ATCM/City Clerk �5_T_
DATE: August 30, 2001 (CC Meeting of 9/5/01)
SUBJECT: Consider Resolution Amending Personnel Rules and
Regulations for the Positions in the Competitive Service
and Rescinding Resolution No. 99-1632
The City of Moorpark adopted its Personnel System Rules and
Regulations (Personnel Rules) for competitive service employees in
1985 and amended those Rules in 1999 by the adoption of Resolution
No. 99-1632. For the past several months, staff has been working
on an update of the Personnel Rules to incorporate items agreed
upon by the City and Service Employees International Union AFL-CIO,
CLC Local 998, and to provide consistency with current applicable
Federal and State laws. The attached revised Personnel Rules show
the changes through the use of legislative format. Since the last
draft of the revised Personnel Rules was provided to the City
Council in July 2001, additional changes have been made to the
overtime (Rule 4), attendance and leaves (Rule 13), and Worker's
Compensation (Rule 14) sections, following City Attorney's office
review.
DISCUSSXON
Following is a summary of the major revisions to the Personnel
Rules:
• Section 2.12, Improper Use of City Equipment/Facilities
Prohibited - This section was revised to provide additional
clarification of improper use of City equipment/facilities and
notice of monitoring and inspection rights.
• Section 2.16, Drug/Alcohol Testing - This new section was added
to clarify under what circumstances employee drug/alcohol
testing may be required,
• Section 2.17, Employee Driving Record - This new section was
added pertaining to enrollment of all employees who operate City
vehicles and/or receive a vehicle allowance or mileage
0004111-1-Ar,
Honorable City Council
August 30, 2001
Page 2
reimbursement in the State Department of Motor Vehicle's Pull
Notice Program.
• Section 2.18, Medical Tests - This new section was added to
provide notice of when the City has the right to require an
employee to undergo medical examinations and tests.
• Section 2.19, Harassment - This new section was added to provide
notice of the City's commitment to provide a work environment
free of all forms of unlawful discriminatory harassment.
• Section 2.20, Anti-Violence - This new section was added to
provide notice of the City's commitment to provide a violence-
free workplace.
• Section 2.21, Emergency Responsibilities - This new section was
added to provide notice that employees are subject to being
assigned emergency responsibilities in a disaster situation.
• Section 4.5, Salary Advancement - Full-Time Employees) - The
performance evaluation score required for a 5 percent merit
raise was revised.
• Section 4.12, Overtime and Compensatory Time - Various revisions
were made in compliance with legal requirements, including Fair
Labor Standards Act requirements.
• Section 7.1, Employment List - This section was revised to
include veteran preference language consistent with State law
requirements.
• Section 13.5, Vacation Leave - The maximum vacation leave
accumulation amount was revised from 240 hours to 280 hours.
• Section 13.6.1, Floating Holiday Leave - This subsection was
added to provide two floating holidays annually.
• Section 13.10, Sick Leave, General Provisions - Additional
clarifying language was added regarding required notice to a
supervisor and when employees using sick leave would be
permitted to leave their residence. Family sick leave language
was revised consistent with State law requirements.
• Section 13.11, Family and Medical Leave - Various revisions were
made for consistency with the Federal Family and Medical Leave
Act and to clarify paid benefits during such leave.
• Section 13.12, California Family Rights Act Leave - This section
was added pertaining to State law requirements for family leave.
• Section 13.13, Reasonable Accommodation - This section was added
to provide notice of disability accommodation consideration.
• Section 14.1-14.7, Worker's Compensation - Various revisions were
made, including a revision to Section 14.3 to revise the days
from five to three for City continuation of full salary. This
will provide consistency with Worker's Compensation payment
eligibility after three days.
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Honorable City Council
August 30, 2001
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• Section 15.1, Matters Subject to Grievance Procedures - This
section was rewritten to identify the performance evaluation of
a probationary employee as not subject to review through the
grievance,procedure.
• Section 15.6. Conduct of Grievance Procedures - Language was
added to this section to clarify that grievance preparation is
to be done on employee time and to provide for up to two hours
of City-paid time for the employee and his/her representative to
attend a grievance hearing.
Staff is requesting that the City Council adopt the attached
resolution approving the revised Personnel Rules and rescinding the
prior resolution.
STAFF RECOUNMATION
Adopt Resolution No. 2001-
Attachment: Draft Resolution including Revised Personnel Rules
F
00041-9
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ESTABLISHING REVISED
PERSONNEL SYSTEM RULES AND REGULATIONS FOR
POSITIONS IN THE COMPETITIVE SERVICE AND
RESCINDING RESOLUTION NO. 99 -1632
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. 99 -1632 previously established
personnel system rules and regulations for the City, that are now
proposed to be updated and Resolution No. 99 -1632 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. 99 -1632 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.
s n "' Cj
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k
Resolution No. 2001 -
Page 2
PASSED AND ADOPTED this 5th day of September, 2001.
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
4
Resolution No. 2001 -
Page 3
EXHIBIT A
Resolution No. 2001-
City of Moorpark
Personnel System Rules and Regulations
for Positions in the Competitive Service
G"00422
Resolution No. 2001 -
Page 4
INDEX OF PERSONNEL RULES
RULE
1
DEFINITION OF TERMS
RULE
2
GENERAL PROVISIONS
RULE
3
CLASSIFICATION
RULE
4
COMPENSATION
RULE
5
APPLICATIONS AND APPLICANTS
RULE
6
EXAMINATIONS
RULE
7
EMPLOYMENT LISTS AND APPOINTMENTS
_RULE
8
PROBATIONARY PERIOD
RULE
9
EMPLOYEE PERFORMANCE EVALUATION
RULE
10
EMPLOYEE LAYOFF POLICY AND PROCEDURES
RULE
11
TRANSFER, DEMOTION, SUSPENSION,
AND REINSTATEMENT
RULE
12
PRE - DISCIPLINE, DISCIPLINE AND APPEALS
PROCEDURES
RULE
13
ATTENDANCE AND LEAVES
RULE
14
WORKER'S COMPENSATION
RULE
15
GRIEVANCE PROCEDURES
RULE
16
EMPLOYEE REPORTS AND RECORDS
2001 Personnel Rules Update 9/5/01
02 -
09
09 -
17
1 -57
- 1 -79
149 -
247
247 -
2-69
2.6-9 -
2430
243 0
- 3 -14
3-24 —
3-37
3 -36 -
347
3-47 -
3-640
3-8.41
- 4-69
4-69 -
- 6472
X72-
7 -49
749 -
X81
X81 -
4482
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Resolution No. 2001-
Page 5
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.
Section 1.8. "Candidate ": An applicant in the process of
examination and selection.
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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.
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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 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.
b. Promotional examination: An examination for a particular
class, which is open only to employees meeting the
qualifications for the class.
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.
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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. 9 1632001- as adopted on -r. -3 -y 7, 1999,
and such subsequent Resolution that may amend or
supercede said Resolution No. 99 16322001-
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Section 1.36. "Personnel Ordinance ": Chapter 2.56 of the
Moorpark Municipal Code, which creates a personnel system for the
City.
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.
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Resolution No. 2001 -
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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.
Section 1.47. "Regular Part -Time Employee",: An employee who has
successfully completed the probationary period and who works at
least 20 hours but less than 40 hours per work week on a regularly
scheduled basis in a r e� part -time position, designated as such
in the current adopted budget- for not loss than 1,300 total hours
per fiscal year. "Regularly scheduled" shall mean that the
employee shall work the same number of hours per wee weekworkweek,
eaeh w ee3 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 -s—� in the current adopted budget of the City
,a7ndto worker no less than one thousand and forty three hundred
( , 1, 3 0 0 ) 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.
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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.
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.
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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 Director /Officer: The City Manager is the
Personnel Director /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
Director /Officer to any other assigned employee.
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;
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Resolution No. '2001-
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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
regularly scheduled to work no less than one thousand and
f-e-r- t- ythree_ hundred (1, €34 }1, 300 ) 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. Other management and management professional positions
designated as exempt frem the-Non-Competitive Service
the time the elassifie-a-t-Jen -in whieh the pesitien is a
member of is added to in the City Council adopted
Glassifieatien Salary Plan and designated as exempt
in the City Council adopted 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.
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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.
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
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Resolution No. 2001
Page 15
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.
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;
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Resolution No. 2001 -
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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.
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 /Facilities
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 for other than City business, except upon prior written
approval of the _..... employee_' s department head
with a copy provided to the City Manager. To avoid the appearance
of improper use of public property, City vehicles shall not be used
for lunch breaks or errands of a personal nature, except as allowed
by administrative procedures approved by the City Manager.
No employee shall allow any unautherized person not employed by the
City rent, borrow or use any City property item, including+€ the
items mentioned above, unless upon prior written approval of the
City Manager. Only employees, volunteers or supervisor approved
2001 Personnel Rules Update 9/5/01
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Resolution No. 2001 -
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individuals conducting or associated with City business may ride in
any City vehicle.
City Monitoring /inspection Rights on City Property: The City has
a right to monitor and /or inspect employee use of City equipment
and facilities, even when employees are permitted to use such
equipment or facilities on their break or meal period time All
City equ�.pment and facilities remain the sole property - -of the City
- _ _._._._____._....- -_ -. -.
and are subject to monitoring and inspection at any time Such
monitoring or inspection can occur with or without advance notice
or consent and can be conducted by any supervisor, manager or City
designee. Examples of City equipment for which employee use may be
monitored or inspected includes telephones - (including _. cellular
phones and pagers) and computers including e -mail and internet
use). Employees should not place personal items within City
equipment and facilities and expect any right to deny access.
Examples of City equipment and facilities that may be inspected at
any time :include: desks_, -W file cabinets, book shelves vehicles
including glove compartments and trunks), closets, and office
space. Prohibited materials such as weapons, explosives, alcohol,
and illegal drugs may not be brought to the work site and may not
be placed in any City equipment or facilities
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.
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Resolution No. 2001 -
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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
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.
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Resolution No. 2001 -
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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.
Section 2.16. Drug/Alcohol Testing: Employees with a Class A or
B license shall be subject to random drug/alcohol testin 51 P
er ules
- - - ------------ - ------- -- ---- - --------- r ---
established by the U.S. U. S Department of Transportation and as
established by City Manager approved administrative procedures. An
employee may also be directed by their supervisor to submit to
drug/alcohol testing, as set forth in City Manager approved
administrative .._p 4��e� based on reasonable spsj?icion that an
_KS�q�� _based
.employee has a. prohibited presence of controlled substance {s} in
her or her system so that the employee's ability to perform the
functions of the job is impaired, or so that the amployee..s ability
to perform his or her job safely is reduced.
Section 2.17 Employee Driving Record: The City shall enroll all
employees who operate City vehicles, and/or receive a vehicle
allowance or mileage reimbursement to drive their private vehicle
on City business, in the State Department of Motor Vehicle's Pull
Notice employee--' who --'-has '- an unsafe driving record may be
considered uninsurable. The City Manager has the authority to make
a determination. the driving insurability of any employee.
Upon receipt of notice of a license restriction, suspension, and/or
revocation, the City Manager shall take appropriate disciplinary
- ------- -------- -- ------------ ---- - -------------------- - for an with a job . classification requiring
action
possession and maintenance of a valid California Driver's License
and/or who are required to drive a vehicle for the City.
Section 2.18 Medical Tests: At its discretion, the Ci.ty shall
have the right to require an employee to undergo, at City expense,
medical examinations and tests related to an employee's job
performance or conduct.
Section 2.19 Harassment: The City is committed to 2roviding a
work environment that is free of discrimination. In keeping with
this commitment, the City maintains -a strict policy prohibiting all
forms of unlawful a-'- 't' o r y harassment . Specific ..,.language
prohibiting all forms of unlawful discriminatory harassment shall
be as set forth :fin City Manager approved administrative procedures
and/or as established by City Council resolution.
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Resolution No. 2001 -
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Section 2.20 Anti - Violence: The City is committed to 2rovidinq a
violence -free workplace for its employees Specific language
prohibiting actual or threatened violence by employees against co-
workers or other persons shall be set forth in City Manager
Lpproved administrative procedures and /or as established by City
Council resolution.
ihiIi+iacr
law, all
.gihi 1 ii -igzQ
under an obligation to contact their respective supervisor,
Department Head, City Manager, .Assistant City Manager, or City
Emergency Operations Center (EOC) for possible assignment. The
Citv_.__shal_lrovide each employee with the EOC telephone number.
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
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.
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Resolution No. 2001-
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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 a new position is created, no person
shall be appointed or employed to fill the position prior to the
position's assignment to a class unless otherwise provided by these
Rules. The City Manager may recommend an amendment to the
Classification Plan to establish an appropriate class for the new
position.
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.
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 presently 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 properly classified employees to
fill the vacancy.
2. The temporary filling of a vacant position 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
2001 Personnel Rules Update 9/5/01
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Resolution No. 2001 -
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the proper functioning 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 of 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 5% 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.
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
employee 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 employee may be appointed
and receive compensation if otherwise eligible
under the provisions of this Section.
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Resolution No. 2001 -
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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 a minimum of nine (9) and a
maximum of eleven (11) salary steps, with each step and range
approximately two and one -half percent (2 h %) 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, minimum wage
requirements, 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 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
2001 Personnel Rules Update 9/5/01
Resolution No. 2001-
Page 24
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), with a
minimum score of 7 out of a total 10 -point scale, eh-all
and these e ig-4-1-1— leyees- rated outstanding ( two
levels above satisfactory), with a minimum score of 8.6
out of a total 10 -point scale, 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 thereafter is eligible 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.
e. Overlooked advancements shall be retroactive to the first
day of the pay period in which the employee's anniversary
date occurs, 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
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Resolution No. 2001 -
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is a minimum 5% salary increase for the employee, not to exceed the
highest step of the new range. r
shall net edge.
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.
The effective date of the promotion shall become -the new
anniversary date for the purposes of determining merit raise
eligibility. _Vacation and sick leave will continue to accrue from
the date of initial hire for regular full -time and part -time
employees promoted to a position in a class with a higher 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.
2001 Personnel Rules Update 9/5/01
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Resolution No. 2001 -
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When economic conditions, unusual employment conditions or
exceptional qualifications of a returning employee indicate that
reinstatement to a higher salary - -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 4.9. Salary
from one position to
another position in a
compensated at the se
previously received.
change.
on Transfer: Any employee who is transferred
another position in the same class, or to
class having the same salary range, shall be
me step in the salary range as the employee
The employee's anniversary date shall not
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
2001 Personnel Rules Update 9/5/01
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Resolution No. 2001 -
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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 . All
overtime shall be computed in increments of one quarter (1/4) hour
and shall be credited at one and one -half (1 h) times the overtime
worked unless otherwise specified in these Rules or a Memorandum of
Agreement. Calculation of overtime pay shall be based on an
employee's regular pay rate. and shall not include any in -lieu
insurance payment.
- - - -
�_rmitted by- -.-ate- Compensation, for authorized overtime shall
_._..._ -- -- -- - - - - -- .... --- ._._.... - - - - -..
be included in the paycheck for
the pay period in._which it is earned, except as provided below.
The City and the employee can agree, in advance of the overtime
being worked, to allow the employee to receive compensatory time in
lieu of overtime__ -pay. For purposes of calculating overtime —by
, vacation time and observed holidays, but not
sick leave or other time off, shall be credited as time worked
during the werls weekworkweek. An employee will not be permitted to
accumulate more than forth (40) hours of compensatory time.
eempens
o - - - -
ef fort
durinq the last
December, • - _ • -- -•i
cqmpensatory time and reduce the compensatory time balance to zero.
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Resolution No. 2001 -
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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 Sections 4.12, 1.12.1, and
4.12.2. Such exempt classifications shall have the exemption
stated on both the Salary Plan and the class specification in the
job description in the City's 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 -far
eaeh eallbaek but the twe (2) hear minimum shall be ap lied enI-y
. The two -hour minimum shall
only be applied once during any two -hour period Actual hours
worked _during - - -a _callback shall- _be._. - -paid _at the overtime rate
established in Section 4.12. The remaining time on any callback
payment shall be calculated at the rate of one and one -half (1 2)
times the employee's hourly wage excluding any in -lieu insurance
payment; bilingual pay; longevity pay; backflow testing
certification, playground inspection certification, and Class A or
B driver's license ay; and Emergency Medical Technician pay.
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 in
accordance with Section 4.12.1 .. No
employee shall be paid for callback t-e and standby
simultaneously. The hourly wage used to calculate standby premium
pay shall not include any in -lieu insurance payment; bilingual pay;
longevity pay; backflow testing certification, playground
inspection certification, and Class A or B driver's license pay;
and Emergency Medical Technician pay.
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 aeerue accumulated vacation and
aeerue overtime. A^;dAccumulate
restored to an employee if the employee is r
year, and upon the completion of one (1)
continuous service. Should an employee be
formerly held position, the employee shall be
salary step as when the layoff occurred.
2001 Personnel Rules Update 9/5/01
d sick leave shall be
eemployed within one
year of additional
reemployed in the
placed at the same
No credit shall be
0 4 7
Resolution No. 2001 -
Page 29
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) werk day&wor ays. 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
2001 Personnel Rules Update 9/5/01
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Resolution No. 2001 -
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business under the rules set forth by the City Manager and as
established by Council resolution.
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 aeerue daccumulated 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 reduction in the employee's
salary for a period of not less than three (3) nor more
than six (6) months; or
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 (1,800) of actual hours worked (excludes
2001 Personnel Rules Update 9/5/01
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Resolution No. 2001 -
Page 31
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
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 fingerprinting. All applications must be signed by
the person applying.
Section 5.3 Rejection of Application: The Personnel Director or
his /her designee 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 or his /her designee. Defective applications may be
returned to the applicant with notice to amend the same, providing
the time limit for receiving applications has not expired.
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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 provisions
set forth in a resolution of the City Council pertaining to
fingerprinting of new employees and volunteers and the following
factors:
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
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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
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:
any competent agency or individual
administering of examinations. In the
the Personnel Director shall see that
The Personnel Director shall arrant
buildings and equipment for the conduc
The City may contract with
for the preparing and /or
absence of such a contract,
such duties are performed.
for the use of public
: 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
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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
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. After completion of all qualifying procedures,
except_ the medical examination, a veteran shall be given preference
over an identically qualified applicant. 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 until exhausted or abolished by the
Personnel Director, but not extending longer than twelve (12)
months.
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
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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 ll. --5, 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
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
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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
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.
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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
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.
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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
in the Competitive 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
the City Manager a statement in writing to such effect and stating
that the retention of such employee in the service is desired. 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 end of the probationary
period. If the service of the probationary employee has been
satisfactory, -Tthe City Manager shall consider the recommendation
and then notify the affected employee in writing of the
autherizat e of the appointment to regular status 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. Upon the satisfactory completion of the
probationary period, the employee shall be assigned an Anniversary
Date. If seq. —a statement of satisfactory performance is not
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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 satisfaetery serviee has not been filed,
nNotice of the termination shall be signed by the Personnel
Director and served on the terminated employee by the Personnel
Director or his /her designee twenty -four (24) hours prior to the
dismissal except in the case of an emergency. in the event a
appeinting autherity shall notify the Gity Manager in writing prier
the --grebatienary -pie d-- Ugen the
shall be assigned an Anniversary a 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 o
period, an employee may be
authority without cause
Notification of rejection
served on the probationer
designee.
f Probationer: During the probationary
rejected at any time by the appointing
and without the right of appeal.
by the appointing authority shall be
by the Personnel Director or his /her
Section 8.6. Rejection Following Promotion: Following a
promotional appointment, any employee rejected during the
probationary period, or at the conclusion of the probationary
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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, or unless there is no vacancy to allow reinstatement
to the position 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.
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
(1,800) 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 -3-9 days two weeks prior to the
employee's anniversary date each year. A copy of all reports shall
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be submitted to the City Manager or his /her designee, as set forth
in performance evaluation procedures approved by the City Manager.
In addition, a report may be prepared at any time at the discretion
of the employee's 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 completed on the employee's own time and 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
given, whenever 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,
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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
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 competed 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."
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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.
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
position 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
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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,
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 Competitive Service
may be dismissed at any time by the appointing power. Whenever it
is the intention of the appointing authority to dismiss an employee
in the Competitive Service, the Personnel Director shall be
notified. Dismissal action shall be taken in accordance with the
applicable provisions of these rules.
Section 11.5. Reinstatement: With the approval of the City
Manager, a regular employee or probationary employee with a good
employment record, who has completed at least six months of
probationary service and who has resigned its a geed r er ' or
been separated involuntarily for any reason--other than for cause,
may be reinstated within one (1) year of the effective date of
resignation or involuntary separation, to a vacant position in the
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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 Geuneil. 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.
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. Permitted Disciplinary Action: Any one or
combination of disciplinary actions may be taken against an
employee for offenses stated in Section 12.8 or for any other just
cause.
Verbal Admonishment
Written Reprimand
Restitution
Suspension
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
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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 t_ _be placed _n and a copy shall be
provided for the employee's personnel felder ile. 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 personnel �d file. 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
f- erfile. 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 felder file. 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
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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 state that failure to respond in the time
specified shall constituted a waiver of the right to respond prior
to final discipline being imposed. The notice shall be signed by
the person initiating the proposed disciplinary action, with a co
to the City Manager.
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:.respons.e 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
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,
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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
directive from the department head to delete
pending action from the employee's personnel
department to make further investigations
answer shall not affect the ability of
disciplinary action.
be accompanied by a
all references to the
file. Failure by the
:)r to provide written
the City to impose
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 & 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.
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.
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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 (including digital) shall be taken, and no filming of
moving pictures or television pictures (videotaping) shall be
redone in the hearing chamber during a hearing, unless
videotaping is approved by the City Manager for the purposes of
preparation of a written, verbatim record of the appeal
proceedings. The City shall prepare 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.
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
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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
must beheld, 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
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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.re:peated: 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
intoxicated or under the influence of a controlled
substance.
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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.
max. Making false or unfounded statements, which are
defamatory about other employees or City officials.
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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.
f . 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.
hh. Conviction of a felonv.
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 deposited with the United States Postal Service shall be
deemed to have resigned his /her employment with the City. A
certified letter deposited with the United States Postal Service
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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
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 or part -time employee an unpaid leave -of- absence for a
period not to exceed, a total of one year. If an employee has
already been granted Pregnancy Disability Leave. (pursuant to
Section 13.9),_Family Medical Leave (pursuant to Section 13.11),
and /or California Family Rights Act Leave (pursuant to Section
13.12)., the total cumulative leave of absence period shall not
exceed a total of the one- year period . described in this section. No
such leave of absence shall be granted except upon written request
of the employee setting forth the reason for the request. Approval
shall be in writing, and may consist of a completed Personnel
Action Form approved by the department head and City Manager.
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 unpaid 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. For an unpaid leave of absence, City contributions
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to retirement, health and medical plans shall be suspended until
the employee is reinstated. An employee who is on unpaid leave -of-
absence
may choose to
continue his /her insurance coverages during the leave -of- absence by
paying the City the required premiums at the same time that the
premiums would have been paid by the City and the employee, had the
employee been in a paid status. The City shall not be _required to
make such payments on the employee's behalf if the employee fails
to timely make the full amount of the payments to the Cit . 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
(-'�) 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.
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 .:.r 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 er 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
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year for each additional year of service through the
thirteenth (13th) year of service, to a maximum accrual
rate of twenty (20) 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 and probationary part -time employees shall accrue similar
vacation leave benefits at a ratio determined by the actual number
of hours worked with two thousand am-d--- eighty (2,080) hours
equivalent to one (1) year of service. r- ayOnly regular and
probationary employees shall net 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 probationer period is completed.
Earlier use of aeerue accumulated 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.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:vacat.ion leave. Employees who terminate
shall be paid for accumulated 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 accumulated
vacation leave.
An employee may. not ee& accumulate_ more than two hundred and
fe hty (24-G280) hours of vacation beyend Deeember 31 of ea
mat any time.
*--he ff�_i.ximum as ef Deeember 31 under any eireamstanees ether than
s-iek leave to -sae
unless an extensien in
prier to De be 1. When an employee's accumulated vacation
balance reaches the maximum of two hundred eighty (280) hours,
accrual of vacation shall cease. The employee shall not accrue
further vacation until such time as the employee's accumulated
_ - - -- - - - -- -- ........ -- - ._.... - - -- --- -._... - - -- .- - -.
vacation balance again falls below the maximum Any vacation leave
,aee accumulated as a result of the conversion of sick leave or
other leave to vacation 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 not be in addition to the _two hundred if(-- eight(280)
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total hours of vacation leave that may be aeerued as ef Deeefffiber- 31-
ef accumulated each year. Thus, no such conversion shall be
permitted which would cause an-.employee's accumulated vacation
balance to exceed the maximum. — Such -'additional - --- "` - ------ accrual shall not
exceed forty ( 40 ) hours in any
inelusive ef this additienal aeerual shall net- emeeed twe hundred
0 A IL
e.g.. ..eurs as of Deeember 31 of �.aelfl, It is the
responsibility of the employee to net permit he- aeerual t monitor
his/her vacation balance and ensure that it does not exci��ij__the_
maximum. The loss of vacation accrual shall not occur if the use
of 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 that would have been accumulated in excess of the
maximum aeerual.
Section 13.6 City Established. 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,
except as otherwise stated in a City Council resolution
establishing City holidays. Regular part-time employees shall be
paid for holidays based upon the ratio of the number of hours
regularly scheduled for the work week, and-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
basis, on any holiday when he/she determines it to be necessary in
the public interest to do so.
Section 13.6.1 Floating Holiday Leave: All regular full-time
employees shall accrue eight (8) hours Floating Holiday Leave on
January 1 and July 1 of each year. Regular full-time employees
utilizing their Floating Holidays must use a full eight hours of
Floating Holiday Leave, at__py_one time. All regular part-time
.employees shall' accrue on January 1 and July .
.. y 1 of each - - year
ar
prorated Floating Holiday Leave, based upon the ratio of the
number of hours regularly scheduled for the work week and the
Floating Holiday Leave available to regular full-time employees.
Regular part-time employees utilizing their Floatinq Holiday leave
. ............. - --- ------- - -------
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must use a minimum of prorated Floating Holiday Leave they earned
on either January 1 or July 1 at any one time An employee may not
accumulate Floating -- Holiday Leave in excess of the number of hours
of Floating Holiday Leave he /she would accrue in a one -year
period. when an employee's accumulated Floating Holiday Leave
balance reaches the maximum, accrual of Floating Holiday Leave
shall cease. The employee shall not accrue further Floating
Holiday.. _ Leave -- until_ such time as the -- employee's accumulated
Floating Holiday Leave balance again falls below the maximum on
the next leave accrual date. Regular full -time and part -time
employees must provide the City with a minimum of 48 hours notice
.prior to requesting approval of Floating Holiday Leave The City
reserves the right to approve or deny requested use of-- Floating
Holiday Leave based upon the service needs of the City. Employees
terminating their employment with the City shall be paid for
accumulated Floating Holiday Leave based upon their then regular
rate of pay.
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
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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 regular full -time or part-
1- A __4_ -A --- 4 4- 4
time employee
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
aeerue accumulated vacation, administrative leave, compensatory
time, or up to two days ofaccumulated 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 (including child
beyond the first trimester of a pregnancy), step- child, grandchild,
grandparent;, father. -in -laws 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 c.a.lendar 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
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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 run concurrently with any
available Family and Medical Leave. Pregnancy Disability Leave
shall not count against the leave available under the City's rule
on California Family Rights Act Leave.
An employee on Pregnancy Disability Leave must use all
aeerucaaccumulated paid sick leave (net meeed six (6) week-s-peE
Seetion 13. 10 ef the , us any or a
aeeEuedaccumulated paid vacation time, aeer- uaccumulated
administrative leave, and earned compensatory.tim _ All ether Preg-R�
ef any etheni�ise unpaid leave peer . Disability -Lever 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 accumulated
sick, vacation, and administrative leaves to supplement -- payments
received as disability insurance benefits, but the combination of
the � paid leave and disability pa y may not exceed the employee's
regular salary.
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 I-awthe Federal Family and Medical
Leave Act. An employee who is on unpaid Pregnancy Disability Leave
may choose to continue her insurance coverages during the leave-of-
absence-.-by _paying the City the required premiums at the same time
that the premiums would have been paid by the City and the
employee, had the employee been in a paid status The City shall
not be required to make such payments on the employee's behalf if
the employee fails to timely make the full amount of the payments
to the Cty.-
for
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Disability 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. 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. The Pregnancy Disability Leave may extend
for a maximum of four (4) calendar months. ,
frem the empleyee, reee 4 ved by the department head at least ten
(10) werking days prier te the seheduled date ef return. Failure
Where possible,
employees must make a reasonable effort to schedule foreseeable
planned medical treatments so as not to unduly disrupt the City's
operations.
If an employee needs intermittent leave or leave on a reduced leave
schedule and its 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
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equivalent pay and benefits and that better accommodates recurring
periods of leave than her regular position.
Upon del return to work 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 g.3nes 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,
return moo we , shall be cause for dismissal. The d-epeS4-4-4-q --�
said netiee with the United States Pestal Serviee addresss-d- it the
;.
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 or a determination of reasonable accommodation, not by
this Pregnancy Disability Leave policy.
Section 13.10
Sick Leave
A. Allowable Uses and Definition of "Immediate Family" For
Purposes of Siek Lea Sick Leave Use.
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Sick leave shall not be considered as a privilege . hiehprivilege,
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
medieal eenditiens shall net exeeed 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.)
and 5d.), 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
2001 Personnel Rules Update 9/5/01
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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
determination within thirty (30) days after
receiving the request in writing.
e) ' her iIf the child or parent is not a dependent
or living in the same household, sick leave use for
them shall be limited to one half of employee °s
annual sick leave accrual per calendar year.
fellews!
B. General Provisions
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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. eer- �ccumulated 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. Such notice shall
at a minimum require: 1) That the supervisor and /or department head
are provided a telephone message prior to or within one -half hour
after the time set for the employee's work shift to begin; and 2)
That the employee speak to their supervisor or department head, or
-- - -- -- . -. -._. - . -. -.- ------- --------- -- - - - - -- - -- - - - - --
if not available speak to the person designated by the department
head to receive such verbal notice, prior to or within two hours
after the time set for the employee's work shift to begin.
--e, - - -e r wit s ..... fear- (4), -
his/her ties er as may be speeified by th department hea
The employee shall remain at home during the hours for which sick
leave is to be charged, with the exception of the time an employee
needs to :Leave, their_ residence for the'. purposes of a medical
appointment, medical treatment, and /or related activities.
Employees using_ sick leave would also be permitted to leave their
residence for the purpose of providing transportation for their
dependents (such as transportation to and from school or
childcare).
The City Manager may require an employee to submit a physician's
written 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 judgment 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.
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An employee shall have e the equivalent number of hours
deducted from his /her ue accumulated sick leave time for each I
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
werk dayworkday, such paid sick leave shall be calculated to the
nearest one - quarter hour.
V�eAn employee using sick leave during the week weekworkweek, 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 accumulated sick leave-- aeerual.
Observed
holidays occurring during sick
leave
shall not be charged
against
an employee's accumulated
sick
leave— exs-ep tAat -
An employee who is absent from_work.the day preceding or succeeding
an observed holiday without prior written authorization from the
appainting City Manager 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.
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
aeer accumulated, he /she shall then have the vacation days he /she
has aeereedaccumulated 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 ae=r-,aedaccumulated
vacation days are used. The employee may apply to receive a leave -
of- absence without pay, if the employee does not have any
aeeruedaccumulated vacation or sick daysleave.
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C. Sick Leave Approval
1. Any employee requesting to use his /her sick leave
privilege, who has a balance of less than 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
aeerueElIaccumulated sick leave balance has reached forty-
eight (48) hours. This requirement shall be discontinued
at such time the employee has sick leave balance of at
least forty -eight (48) 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.
D. Conversion of Sick Leave
So long as an employee has at least the minimum number of sick
leave hours aeeruedaccumulated for his /her service time as
specified in the table below as of December 31 of any year, the
employee may choose to convert up to forty (40) hours of the
'accumulated sick leave to aeerded vacation leave. The
employee must submit his /her written declaration to convert up to
40 hours of - uedaccumulated sick leave to aeeruedaccumulated
vacation to the City Manager between December 1 and December 31.
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Once the sick leave is converted to vacation, it shall be subject
to the provisions of Section 13.5 of these Rules.
Months of Service
Accumulated Sick
Leave Hours
107
Months or Less
240
108
- 119 Months
250
120
- 131 Months
260
132
- 143 Months
270
144
or More Months
280
E. Sick Leave Donation
establish The City may -. donation
adoption of,either a City Manager approved administrative 2roc - ed . ure
or City Council approved policy, whereby all regular City employees
may voluntarily participate • benefit from bank f
regular" employ
,�es,:incapac,itated�:,dueto a serious illness or injury
who have exhausted�their paid leave. Such donation by an employee
may not.exceedA0,hours per empl2yee receiving the donation and pe
calendaryear.
Section 13.11 Family and Medical Leave.
A. Eligibility and Uses
To be eligible for Family and Medical Leave pursuant to the Federal
Family and Medical Leave Act, the employee must have been employed
by the City in a r-eg-u -�-' ��° 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
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are employed by the City, they will be entitled to a
combined total of twelve (12) weeks of leave for this
purpose.
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
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 purpose:
1. Child: a biological, adopted,
stepchild, a legal ward, —; or
standing in loco parentis, who is
age 18 or older.and incapable of
mental or physical disability.
of Section 13.11 only:
or foster child, a
a child or a person
either under age 18, or
self -care because of a
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
esteepat iel sosteopath'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
2001 Personnel Rules Update 9/5/01
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Resolution No. 2001 -
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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
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. A„ enmarr domestic partner is
not considered a spouse for these purposes.
7 The Ttwelve (12) month Pperiod 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 AeerruedAccumulated 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. An employee may use accumulated sick,
vacation and administrative leave, including use of such leave in
2001 Personnel Rules Update 9/5/01
Resolution No. 2001 -
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combination with disability insurance payments, while on Family and
Medical Leave.
Any employee on Family and Medical Leave because of his or her own
serious health condition must use all aeerue daccumulated paid sick
leave, vacation leave and administrative leave 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
aeeruel-l-Jzaccumulated vacation leave and administrative leave at the
beginning of any otherwise unpaid Family and Medical Leave period.
Ae.ruAccumulated 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 ea childcare
must use all aeeruedaccumulated paid vacation leave and
administrative leave at the beginning of any otherwise unpaid
Family and Medical Leave.
All other eligible Family and Medical Leaves not addressed in this
RuIeSubsection C are unpaid leaves.
The receipt of vacation leave pay, sick leave pay, administrative
leave pay, eempensatery 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 using accumulated leave while on Family and Medical
Leave shall continue to fully accrue vacation, sick, and
administrative leave benefits, and such Family and Medical Leave
shall 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 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 a��
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eentained in this Seet-jen), used, te the
d-- m33- ad�edscea�e. Employment benefits other
than health benefits: _defined _below in Subsection D, 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 Family and Medical Leave,
and using accumulated paid leave, the City's
contributions on behalf of the employee to the City's
medical, dental, and optical plans (health benefits) will
be continued, including any City paid dependent coverage.
Short and long -term disability and life insurance
benefits for employee and City paid dependent coverage
will also be continued.
2. While an employee is on unpaid Family and Medical Leave,
the City will provide health benefits consistent with the
requirements of the Family Medical Leave Act (medical,
dental, and optical insurance).net maw -- �
werk. An employee who is on unpaid Family and Medical
Leave may choose to continue insurance coverages not paid
by City during the leave -of- absence by paying the City
the required premiums at the same time that the premiums
would have been paid by the City and the employee, had
the employee been in a paid status. The City shall not
be required to make such payments on the employee's
behalf if the employee fails to timely make the full
amount of the payments to the City. An empleyee on unp
Family -and medical Leave shall be res-pens-ible — €eir
reimbursing e Gi-ty fer any payroll deduetiens that
the unpaid Family and -Medi �, Leave.
eave.
1
3. During unpaid or
employee may elect
coverage for a spouse
any other benefits of
which the employee
contributions.
2001 Personnel Rules Update 9/5/01
I Family and Medical leave, an
to discontinue health insurance
and /or any dependent(s) as well as
:fered or sponsored by the City to
is required to make monthly
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Resolution No. 2001 -
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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
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
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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.
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
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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
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.
Section Leave: Under ..e
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12 months (52 weeks) of service with an employer, have worked at
least 1,250 hours in the twelve (12) month period before the date
leave begins, and work at a location in which the employer has at
least 50 employees within 75 miles of the employee's - work - site, may
request up to twelve (12) weeks CFRA leave for the birth of a child
for purposes of bonding, for placement of a child in the employee's
family for adoption or foster care _(within one year of the
_qualifying event); for the serious health condition of the
.. .......... . . . ...... ..........
employee's child, parent, or spouse; and for the employee's own
serious health condition. If the City employs both 2arents, a total
of twelve (12) weeks leave shall be granted for the birth,
adoption, or foster-care placement of their child. No other
limitations restrict these parents from taking a CFRA leave for
- --- -------
other qualifying reasons. Where allowed by law, CFRA Leave shall
run concurrent with Family and medical Leave .
An employee is required to use all accumulated vacation leave and
administrative leave at ... the beginning of anv otherwise unpaid CFRA
Leave. Accumulated sick leave may be ------ used during --- a . n otherwise
unpaid CRFA Leave only to the extent permitted by Section 13.10 of
these Rules. An employee using accumulated leave while on CFRA
Leave shall continue to fully accrue vacation, sick, and
administrative leave benefits, and such CFRA Leave shall count as
time worked for purposes of establishing seniority for layoff,
recall, promotion, job assignment and seniority related benefits
such as vacation.
While an employee is on CFRA Leave, and -- using -- accumulated --- ------ pa- - id
-------
leave, the City's contributions on behalf of the employee to the
City's medical, dental, optical, and short and long-term disability
plans will be continued, including any City paid dependent
coverage. Life insurance benefits for and dependent
coverage will also be continued.
while an employee is on unpaid CFRA Leave, the City will provide
health benefits consistent with the requirements of the California
Family Rights Act. If the employee has used twelve (12) weeks of
Family and Medical Leave and requests additional unpaid leave time
under . .... . . .............. --- - ----------- ---
CFRA, -shall be responsible for paying for health
benefits and disability and life insurance premiums.
An employee who is on unpaid CFRA Leave may choose to continue
insurance coverages notp City during the leave-of-absence
---------------- - ------------ --- - - --------
paying the City the required premiums at the same time that the
2remiums would-have been 2aid by the City and the e�!jployee, had the
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employee been in a paid status. The City shall not be required to
make such payments on the employee's behalf if the employee fails
to timely make the full amount of the payments to the City.
An employee on unpaid CFRA Leave shall receive no compensation and
shall not accrue vacation leave, administrative leave, or sick
leave. Unpaid CFRA 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.
Section 13.13 Reasonable Accommodation: Female employees
childbirth reasonably accommodated for conditions related to
or - a • medical 6Z� ations, the eTployee..requests
an accommodation based on • •. • of -
provider. Leave of absence.accommodation shall be pursuant to the
provisions of Section 13.3 of these Rules.
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
=0» 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
the order listed: the appropriate department head,
ant er City Clerk, Human
Resources Analyst Assistant, City Manager, or Assistant City
Mangier. 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,
-hehethe supervisor 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
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supervisor may report the injury. Failure e��
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
of an injury 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 aferementiened contested illness or
injury. - - - -- - -- ------ ._.... - --
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) three (3) working days (including the day of
injury) -er until tie- empleyee is eligible — €ems -temps disabilIty
benefits under the State Werker's Gempensatien laws, whiehever
After three (3) working days, 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
ae<= =accumulation is 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 aeerue accumulated
compensatory time off to continue his /her regular salary e-n
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eembini-ngin combination with the temporary disability payments. -if
be - placed tend �siens -o er-ke 's- 'ampn-sat�- p�yza�e 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. Absence from work shall run concurrent with
Family and Medical heave and CFRA Leave, —f - -pplicabl (see
Sections 13.11 and 13.12) . - a_ e e
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. An employee_ on
approved Worker's Compensation leave will receive holida pay in
the amount of the difference between their regular salary and the
benefit they are paid from Worker's Compensation insurance 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 maklfi-g__receipt of
restitution by the City, an appropriate amount of such sick leave,
vacation leave, and compensatory time off used by the employee
during the disability shall be restored to the employee's account.
Section 14.4.
Disability Evaluation:
A. Temporary Mmodified work program resulting from injury or
illness.
There are no guaranteed temporary modified light duty
positions in the City of Moorpark. The purpose of this
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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
temporary modified work to employees who are temporarily
disabled from the usual and customary job duties as a result
of an on- the- joble- were 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. Temporary Mmodified work: The temporary restructuring
and /or modifications of work, duties or tasks.
PROCEDURES:
In any instance which the employee is to be considered for
te�porary modified work, the work assignment(s) are to be within
the ltations 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 temporary
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
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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 whe-re hich the employee is assigned has
available duties which would permit the employee to
perform under the temporary modified work program.
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
temporary modified duties program.
6. All temporary modified duty assignments shall be reviewed
and approved in writing by the City Manager or his /her
designee prior to an -- employee - returning- to - -work and
thereafter shall be reviewed by the City Manager and
department heads every thirty (30) days.
7. Upon release to regular work without restrictions; and
receipt of written authorization from the_ City Manager or
his /her designee, 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 ef
werles less than forty
. Personnel action
requests shall reflect the work period but shall also
indicate a notation that the employee is on temporary
modified work. Said notation is for record keeping
purposes only.
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B. When medical evidence obtained by the city - approved physicians
and /or employee- approved physicians indicates 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.
In the event an employee is unable to return to work after six (6)
months of absence, the employee may separated from City service
and their position filled. If involuntarily separated hereunder,
upon receiving a physician release stating that the employee is
capable of returning to work, the employee may apply for
reinstatement per Section 11.5, Reinstatement. Length of absence
beyond six (6) months may be extended by the City Manager in
increments of up to thirty (30) days if there is a likelihood of
recovery and such extension does not impair the operation of the
department.
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. After the first three days
of City_pa! m nt of full salary, _as - referenced in Section 14.3, the
City will discontinue payment of bilingual pay; longevity pay;
backflow testing certification, llaygground inspection
certification, and Class A or B driver's license gay; and Emergency
Medical Technician pay for an employee on Worker's Compensation
leave. -A probationary employee shall be entitled to the same
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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 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 an unpaid 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.
While on such an unpaid leave of absence,
no
aecr-uals -e€ -- 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 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
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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 eeearred
arisen 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 have been entitled to 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 -and performance
evaluation are subject to review through the grievance procedure,
with the following exceptions: exe performance evaluation of a
probationary employee, 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,
hreugh- � gr �v, � � 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
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procedure, an employee shall have the right to present a formal
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 meet with the
employee within ten (10) working days of .receipt of the _grievance-.
The department head shall thereafter render a decision in
writing and return it to the employee and /or the employee's
designated representative, with a copy to the City _Manager, within
five (5) working days after meeting with the employee. For
grievance of a performance evaluation, the ten (10) working days
referenced above shall be the later of the date the supervisor
signs the performance evaluation or the date of the performance
evaluation interview between the employee and the supervisor.
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
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his /her appeal at any level of review. Grievance
preparation shall be done on the employee's own time.
3. The employee and his /her representative may be pr-
�.�..- �-1
te-use �d
the G' up to a maximum of two hours of work time
in "attending the z� �1- .,��i4
n_e Matt
t-egrievance hearing with the City Manager.
4. Failure of the employee to take further action within the
above- described time limits shall constitute withdrawal
of the grievance.
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, background investigation report, 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.
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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
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.
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