HomeMy WebLinkAboutAGENDA REPORT 2004 0721 CC SPC ITEM 04Bicey
FROM:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
ITEM � !j - I&
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of i-2,l -aoo�F
ACTION: 919,�Z—At
11 U!2L-
BY -"D
Deborah S. Traffenstedt, ATCM /City Clerk �DJF
DATE: July 19, 2004 (CC Special Meeting of 7/21/04)
SUBJECT: Consider Resolution Amending Personnel Rules and
Regulations for the Positions in the Competitive Service
and Rescinding Resolution No. 2002 -2000
BACKGROUND
Consideration of amended Personnel Rules was scheduled for the City
Council's meeting of July 7, 2004; however, action was deferred to
allow further labor negotiations to occur. A revised Memorandum of
Agreement for competitive service employees is included as a
separate item on the July 21 special meeting agenda. only minor
editorial corrections have been made to the Personnel Rules since
the Council's July 7 meeting.
The City of Moorpark adopted its Personnel Rules for competitive
service employees in 1985, and amended those Rules in 1999, 2001,
and 2002. The current proposed update to the Personnel Rules
primarily consists of language changes to provide consistency with
current law and consistency with a proposed Memorandum of Agreement
for competitive service employees, and other minor edits as shown
through the use of legislative format in Exhibit A to the attached
draft resolution. As an example of editorial corrections made
throughout the document, the term, "Days" was revised to clarify
either "Calendar Day" or "Work Day ", and these corrections were made
throughout the Personnel Rules.
DISCUSSION
As summarized above, revisions have been incorporated into the
Personnel Rules (Exhibit A to attached draft resolution) as shown
through the use of legislative format. The more substantive
revisions are summarized below:
• Rule 1, Definitions - The following definitions were added to
clarify these terms when used in the Rules: Bilingual Pay,
Calendar Day (replaces Day), Department Procedures (replaces
Departmental Rules), Longevity Pay, Work Day, and Work Week.
• Rule 4, Compensation - Corrections have been made for
clarification purposes and to address Annual Leave, as further _
Honorable City Council
July 21, 2004, Special Meeting
Page 2
explained for Rule 13 revisions. Callback and Standby Premium
Pay descriptions have been revised to make it easier for
Finance to calculate payments consistent with the overtime
rate.
• Rule 12, Pre - Discipline, Discipline and Appeals Procedures -
Revisions include the addition of language clarifying an
employee's right to request the attendance of a representative
of their choice at a meeting pertaining to discipline, Human
Resources review responsibilities, and adding excessive
unscheduled use of annual leave as a cause for discipline.
• Rule 13, Attendance and Leaves - Rule 13 includes numerous
revisions that were primarily made to add an annual leave
section, consistent with the proposed MOA. Annual leave is a
combined vacation and sick leave, and like vacation, may be
fully cashed out at the time of termination of employment. The
accrual rates shown on page 54 of the attached draft resolution
were calculated based on the full vacation accrual amount
determined by years of service, plus 48 hours (which equals 60
percent of the previous sick leave accrual), plus the 16 hours
previously received as floating holidays (the floating holiday
section of the resolution, previously Section 13.6.1, has been
deleted). All new full -time and regular part -time employees,
and current employees with less than a specified number of sick
leave hours will be placed on the annual leave system.
Employees that meet the criteria for retaining the separate
vacation leave and sick leave accruals will have the choice of
retaining their current leave accrual system. The intent is to
eventually have all employees on the annual leave system.
Some revisions were made to the vacation leave and sick leave
provisions now found in Section 13.6 of the attached
resolution, and these revisions were primarily to achieve
consistency with annual leave discussion. Maximum accrual
rates were added for regular part -time employees for annual
leave and vacation leave. Section 13.8 was revised to add
clarification that regular part -time employees shall be paid
for jury duty, and Section 13.9 was revised to increase
bereavement leave from three days to five days for full -time
employees (not to exceed 40 work hours) and to clarify the
prorated regular part -time employee bereavement leave benefit.
Staff is requesting that the City Council adopt the attached
resolution approving the revised Personnel Rules and authorize the
City Manager and City Attorney to approve final language revisions
to Exhibit A of the resolution to ensure language consistency with
legal requirements. (Legislative format will be removed from the
final City Council resolution.)
000031',7
Honorable City Council
July 21, 2004, Special Meeting
Page 3
STAFF RECODU4ENDATION
Adopt Resolution No. 2004-, subject to final language changes
approved by the City Manager and City Attorney.
Attachment: Draft Resolution including Exhibit A (Revised
Personnel Rules)
0 00038
RESOLUTION NO. 2004-
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. 2002 -2000
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. 2002 -2000 previously established
personnel system rules and regulations for the City, that are now
proposed to be updated and Resolution No. 2002 -2000 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. 2002 -2000 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.
000039
Resolution No. 2004 -
Page 2
PASSED AND ADOPTED this 21st day of July, 2004.
Patrick Hurter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: City of Moorpark Personnel System Rules and
Regulations for Positions in the Competitive
Service
00 0,40
Resolution No. 2004 -
Page 3
EXHIBIT A
Resolution No. 2004-
City of Moorpark
Personnel System Rules and Regulations
for Positions in the Competitive Service
Adopted: 7/21/04
00004-IL
Resolution No. 200-2-4-2090
Page 4
INDEX OF PERSONNEL RULES
(Page 1Vumbers Will be Added After Removal of Legislative Format.)
City of Moorpark Personnel Rules Adopted: 97/421/0-2-4
000042
Pages
RULE
1
DEFINITION OF TERMS 05 4
RULE
2
GENERAL PROVISIONS 11 1 :9
RULE
3
CLASSIFICATION 39 24:
RULE
4
COMPENSATION 21 28
RULE
5
APPLICATIONS AND APPLICANTS 29 30
RULE
6
EXAMINATIONS 3G 3:
RULE
7
EMPLOYMENT LISTS AND APPOINTMENTS 33--- 35
RULE
8
PROBATIONARY PERIOD 35 3:
RULE
9
EMPLOYEE PERFORMANCE EVALUATION 3:7 38
RULE
10
EMPLOYEE LAYOFF POLICY AND PROCEDURES 38
RULE
11
TRANSFER, DEMOTION, SUSPENSION,
AND REINSTATEMENT 40 43
RULE
12
PRE - DISCIPLINE, DISCIPLINE AND APPEALS
PROCEDURES 44: 49
RULE
13
ATTENDANCE AND LEAVES 49 70
RULE
14
WORKER'S COMPENSATION ''-0 :76
RULE
15
GRIEVANCE PROCEDURES :6— 8
RULE
16
EMPLOYEE REPORTS AND RECORDS 78 9
City of Moorpark Personnel Rules Adopted: 97/421/0-2-4
000042
Resolution No. 200-2-4-2000
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
its proper class in accordance
authority and responsibilities
experience and other requirements;
salary range or rate.
assignment of a single position to
with the duties performed, the
exercised, and the educational,
or the assignment of a class to a
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.
position.
Section
"Appointment": The employment of a person in a
1.6. "Base Salary" or "Base Rate of Pay ": The salary
range and step established in a salary z.= _r.:r, resolution adopted by
the City Council, exclusive of any overtime, shift - differential,
incentive or other type of premium pay an employee may receive.
Section 1.7. ° °Bi? , aagtaal Pay": C: mpe? iisat a ox to be paid as }n
Section 1.-7-8. "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
City of Moorpark Personnel Rules
Adopted: 47/421/024
000043
-, C' . .J j
-l�
'd F' ] iti rl :1 t 1.., t' .
. xY :a r
f-
r
r
as determined by testing,
and
j.. .. _` C.� •.. v iz }
_.
Section 1.-7-8. "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
City of Moorpark Personnel Rules
Adopted: 47/421/024
000043
Resolution No. 200-224-2900
Page 6
and departure from his /her location because of unanticipated work
requirements -, and shall not include prescheduled overtime work.
Section 1.9. "Calendar Day ": The 24 -hour day as denoted on the
r,;:41 =n A;R r
Section 1.5310. "Candidate ": An applicant in the process of
examination and selection.
Section 1.i1. "Certification ": Establishment of an Eligibility
List by the Personnel Officer and the submission of the eligible
names to the appointing authority.
Section 1.142. "City ": Moorpark, California.
Section 1.13. "City Council" or Council ": Moorpark City Council.
Section 1.1 -24. "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 1.1 -5. "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 Fftaintz-ained by tr4e
P-er serene! -G f f l eei= .
Section 1.146. "Class Specifications": A written description of a
class, setting forth the essential characteristics, knowledge,
skills, abilities, and requirements of positions in the class.
Section 1.1 -57. "Compensatory Time Off ": Time taken off, with pay,
from work in lieu of receiving payment for overtime previously
accrued by an employee.
Section 1.18 -6. "Competitive Service ": All positions of employment
in the service of the city, except those specifically excluded by
the P-er -sennei --Rose :a4 resolution of the City Council.
Section 1.197. "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.
City of Moorpark Personnel Rules Adopted: 17/42 =/C2 -4
000044
Resolution No. 20044-2090
Page 7
Section 1.1420. "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.
Section 1.2$1. "Departmental R sProc;edures" : that
departments may establish relating to their specific operational
needs. These _ E ):Coco u.es must conform to related laws and must
not conflict with the City's Personnel Rules oi rules,
directives - =,., IV a.! i I,, i-,V ,9) IT�
Section 1.2 -12. "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 1.233. "Dismissal ": The involuntary separation of an
employee from City employment.
Section 1.234. "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 1.245. "Employee ": A person occupying a position in City
employment.
Section 1.2.56. "Employment List ":
a. Open employment list: A list of names of persons who
have taken an open- competitive examination for a class,
which is in the Competitive Service, and have qualified.
b. Promotional examination: An examination for a particular
class, which is
qualifications
open to all persensemployees meeting the
for the class.
Section 1.2 §7. "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
City of Moorpark Personnel Ru'_es
Adopted: 97/421/0 -24
000045
Resolution No. 200-2-4-2900
Page 8
which names are placed on an employment list, in order of
final scores, for a period of not more than one year.
Section 1.2 -78. "Full -Time Employee ": An employee regularly
scheduled to work and occupying a full -time position.
Section 1.2 -89. "Full -Time Position ": A position in the Competitive
Service of the City, which requires at least forty (40) hours of
work per week.
Section 1.2930. "Interim Appointment ": The appointment of a person
to an interim position.
Section 1.381. "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 1.3 -12. "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 t?Y1 i . ? 3 . "Longevity Pay" C n d._U Jc:'1
to a regular full -time or part -time employee in recognition
of cumulative months of service to the City. Longevity pay shall be
1 i1, J -C L 7t C. )Il,p. _,i 71. 1:47 ,t .':Q � t l✓ S- _ .c_
1 .. - _
"' 1
{� � � �' � .. , =�.,• '� 1. i_d L :! ;�;:Li .
Section 1.324. "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 1.345. "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 1.3-6. "Personnel Director" or Personnel Officer ": City
Manager or his /her designee.
City of Moorpark Personnel Rules
Adopted: 97/421/02L4
®00®46
Resolution No. 200-2-4 -2-990
Page 9
Section 1.3 -57. "Personnel Resolution and Personnel Rules": City
Council Resolution No. 200-2-4-2009 as adopted on Septembei4,
2942�July 7, 2004, and such subsequent resolution that may amend or
supercede said Resolution No. 200-2-4-2000
Section 1.3 -68. "Personnel Ordinance ": Chapter 2.56 of the Moorpark
Municipal Code, which creates a personnel system for the City.
Section 1.379. "Position": A group of duties and responsibilities
assigned to one employee and performed in either a full -time or
part -time basis.
Section 1.3x40. "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 1.3-941. "Probationary Employee ": An employee who has a
probationary appointment.
Section 1.4G2. "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 1.413. "Promotion ": The movement of an employee from one
class to another class having a higher maximum base salary.
Section 1.424. "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 1.415. "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 -6. "Reduction ": A salary decrease within the limits of
the salary range established for a class.
Section 1.457. "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.
City of Moorpark Personnel Rules
Adopted: 17/421/04
000047
Resolution No. 200 4 -2009
Page 10
Section 1.4 -68. "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 1.479. "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 part -time position, designated as such in the
current adopted budget for not less than 1,300 total hours per
fiscal year. "Regularly scheduled" shall mean that the employee
shall work the same number of hours per workweek, as specified in
the budget for that position.
8ect:',Io 12 50. _ "Regular Pay Rate": Hourly compensation rate used
for calculation of overtime pay and is based on all payments given
to an employee as remuneration for employment, less the exclusions
permitted by the Fair Labor Standards Act, and divided by the total
hours for which such remuneration was paid in a work week.
Section 1.4 --851. "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 in the current adopted budget of the City to work no less
than one thousand three hundred (1,300) hours per year.
Section 1.4452. "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 1.503. "Relief of Duty": The temporary assignment of an
employee to a status of leave with pay.
Section 1.5� - -4. "Resignation ": The voluntary separation of an
employee from City employment.
Section 1.525. "Salary Anniversary Date" or "Anniversary Date": See
Section 1.3. "Anniversary Date" or "Salary Anniversary Date ".
Section 1.536. "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.
City of Moorpark Personnel Rules
Adopted: 17/421/04
000048
Resolution No. 200-2-4 -2000
Page 11
Section 1.5 -47. "Salary Plan ": The assignment by the City Council
resolution of salary ranges and /or salary rates to each class.
Section 1.5 -58. "Salary Range ": The range of salary rates for a
class.
Section 1.5 ,69. "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 1.5760. "Salary Step ": The minimum through maximum salary
increments of a salary range.
Section 1. -5361. "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. "Standby duty" does not apply when a City's
Emergency Operations Center has been activated and an _employee may
be assigned to a work shift other than his /her regular shift.
Section 1.-5-962. "Suspension": The temporary separation from service
of an employee without pay for disciplinary purposes.
Section 1.6463. "Temporary Appointment ": An appointment to a
temporary or regular position for a period of one (1) year or less.
Section 1.6 -164. "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 1.6-2-65. "Temporary Position": A full -time or part -time
position of limited duration.
Section 1.63,66. "Termination": The separation of an employee from
the City service because of retirement, resignation, death or
dismissal.
Section 1.6467. "Title", "Class Title ", "Title of Class ": The
official name applied to a class and to each position allocated to
the class and to the incumbent of each position.
Section 1.6 -568. "Transfer ": A change of an employee from one
position to another position in the same class or in a comparable
class.
ICity of Moorpark Personnel Rules
Adopted: 47/421/0-4
000049
Resolution No. 200-2-4-2000
Page 12
Section 1.6 -669. "Veteran ": This definition shall have the same
meaning as in Section 18973 of the State Government Code, for the
purposes of determination of veteran's preference in establishment
of an employment list following a competitive examination (pursuant
to Section 7.1 of these Rules).
Section
1.70, "Work Day": Day on which work
is done,
for an agreed
or stipulated
number of hours in return for
a salary
or wage, and
r , 1; 1 a I payroll
a S
approved
by the department head. The days of
the week
and hours may
vary per
employee.
Section 1.71. "Work Week ": A 40 -hour payroll work schedule; the
days may vary per employee.
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;
City of Moorpark Personnel Rules
Adopted: -17/421./024
Resolution No. 200-2-4-2000
Page 13
f. The City Treasurer and any Assistant or Deputy City
Treasurer;
g. All department heads and assistant department heads;
h. All City Council appointed City officers;
i. Persons engaged under contract to provide expert,
professional, technical or any other service;
j. volunteer personnel;
k. Temporary employees;
1. Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as
extraordinary fire, flood, or earthquake, which threatens
life or property;
M. Employees, other than those listed elsewhere in this
section, who are not employed in regular positions.
"Employed in regular positions" means an employee hired
for an indefinite term into a budgeted position, who is
regularly scheduled to work no less than one thousand
three hundred (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 Non - Competitive Service in the City Council
adopted 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.
City of Moorpark Personnel Rules
Adopted: 47/421/0 -14
0 00 051L
Resolution No. 200-2-4 -2090
Page 14
Section 2.4. Violation of Rules:
grounds for disciplinary action
appeals procedure provided herein.
Violation of these Rules may be
and subject to the applicable
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, ancestry, color,
sex, marital status, sexual orientation, disability, political
views, age, religion, creed, — national origin, and any other
legally protected status. 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 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
City of Moorpark Personnel Rules
Adopted: 47/421/0-2-4
0®00'52
Resolution No. 2004 -2990
Page 15
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;
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
C_zy of Moorpark Personnel Rules Adopted: 97/421/02-4
0 003
Resolution No. 200-2-4-2000
Page 16
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 person not employed by the City to 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 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 equipment
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, file cabinets, book shelves, vehicles (including glove
C1ty of Moorpark Personnel Rules Adopted: 17/421/0-2L4
0000.:4
Resolution No. 200 4 -2009
Page 17
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.
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.
City of Moorpark Personnel Riles
Adopted: 47/421/02-4
0000E�s
Resolution No. 2002-4-2000
Page 18
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, son -in -law, daughter -in -law,
nephew, niece, grandchild, mother -in -law, father -in -law,
brother -in -law, sister -in -law, spouse as defined as a
partner in marriage (California Civil Code Section 4100),
and domestic partner as defined by California Family Code
Section 297 and including the requirement for the filing
of a Declaration of Domestic Partnership with the
Secretary of State.
A relative, as herein defined, of a then current member
of the City Council shall not be permitted to be
appointed to a position in the Competitive Service of the
City during that member's term of office as a Moorpark
Councilmember.
The provisions of this Section shall not apply to
appointments to commissions, committees and boards.
Section 2.15. Concurrent Employment and Membership on City Council,
Commissions or Boards: An employee in the Competitive Service of
the City that accepts a seat on the Moorpark City Council, Planning
Commission, Parks and Recreation Commission, or any other Commission
or Board appointed by the Mayor with consent of the City Council or
appointed by the City Council, 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 testing per rules
established by the 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 procedures, based on reasonable suspicion that an
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 employee'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
City of Moorpark Personnel Rules Adopted: 47/421/02-4
OOO®S6
Resolution No. 200-2-4 -2009
Page 19
Notice Program. An employee who has an unsafe driving record may be
considered uninsurable. The City Manager has the authority to make
a determination regarding 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
action for an employee with a job classification requiring
possession and maintenance of a valid California Driver's License
and /or who is required to drive a vehicle for the City.
Section 2.18. Medical Tests: At its discretion, the City 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 providing a
work environment that is free of discrimination. In keeping with
this commitment, the City maintains a strict policy prohibiting all
forms of unlawful discriminatory harassment. Specific language
prohibiting all forms of unlawful discriminatory harassment shall be
as set forth in
City Council resolution. Failure to
follow the complaint procedure included in the City Council's
Resolution may affect an employee's ability to pursue a harassment
complaint against the City.
Section 2.20. Anti- Violence: The City is committed to providing 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 approved
administrative procedures and /or as established by City Council
resolution.
Section 2.21. Emergency Responsibilities: Per State law, all
employees are subject to being assigned emergency responsibilities
due to a disaster. During a major disaster, off -duty employees are
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 City
shall provide 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
City of Moorpark Personnel Rules
Adopted: 97/421/0-2-4
000057
Resolution No. 200-2-4-2090
Page 20
positions in each class, a statement of the training, experience and
qualifications to be required for appointment. Class specifications
are explanatory, but not restrictive. The listing of particular
tasks shall not preclude the assignment of other related kinds of
tasks or jobs requiring lesser skills. The Classification Plan
shall be so prepared that all positions substantially similar with
respect to duties, responsibilities, and other like characteristics
of work are included within the same class and at the same salary
range.
Section 3.2. Adoption or Amendment of Classification Plan: Before
the Classification Plan or any amendment thereof shall become
effective, it shall be first adopted by a resolution of the City
Council. Upon adoption by the Council, the provisions of the
Classification Plan shall be observed in the handling of all
personnel actions and activities. The Classification Plan shall be
amended or revised as occasion requires in the same manner as
originally established.
Section 3.3. Allocation of Positions: Following the adoption of
the Classification Plan, the City Manager shall allocate every
position in the Competitive Service to one of the classes
established by the Plan.
Section 3.4. New Positions: When 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
City of Moorpark Personnel Rules
Adopted: 47/421/04
0 060�8
Resolution No. 20044 -2000
Page 21
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
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)
calendar 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
City of Moorpark Personnel Rules Adopted: 4?/421/0-a
000059
Resolution No. 200 4 -2090
Page 22
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 work 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.
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 d: d_:_n --v- _;
i?-' Ti n�- ;h_II?� )... r��f.,-t�„i....:if_
c 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 ranges
for all
classifications shall
v-!-�_i�r� -4 a:•- ? -;'k
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as e.s, t_d.r1
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
City of Moorpark Personnel Rules
Adopted: - 97/421/0-4
V[.0000
Resolution No. 200--4 -2009
Page 23
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
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, or
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. Fr:, a: a
..
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.. _ T- .c,_ F, dc -
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f 1. Lv ai7C. ::J l= 1. ;.fi iT, +` r 1oY,, . � t_i i t)_onn iT ri Y ;
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d. Any salary increase granted pursuant to this Section
shall be effective as of the first calendar 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
and other benefits that are based
upon length of service shall not be affected. As
City of Moorpark Personnel Rules
Adopted: 47/421/0 -24
000061,
Resolution No. 2002 -4 -2-999
Page 24
addressed in Rule 13, an unpaid leave of absence will
result in a correspondina chanae to an anniversary date.
e. overlooked advancements shall be retroactive to the first
calendar day of the pay period in which the employee's
anniversary date occurs, upon approval by the City
Manager.
Section 4.6.
to a position
on the Step A
a minimum 5%
highest step
Salary on Promotion: All employees who are promoted
in a class with a higher salary range shall be placed
in the new higher range or placed at the step which is
salary increase for the employee, not to exceed the
of the new range.
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.
liu t_ 1: C.r .\ ,aC 'r'l_i
c::. 1 C _%mil
r _
.r.,c-V :.- -ti-r L-i:-r
-=z . -for regular full -time and part -time
employees promoted to a position in a class with a higher salary
range, except as modified by a leave of absence without pay.
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 (5 %) 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
City of Moorpark Personnel Rules Adopted: 97/421/O2Ld_
0L1 () 062
Resolution No. 200-4 -2099
Page 25
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 -- Ai-�i �- -- -<_*
.. ....:1 -L �... ,'.�.L ✓ anyi.ir ,_,,7e p ei 13..5 -., ,, E
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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 on Transfer: Any employee who is transferred
from one position to another position in the same class, or to
another position in a class having the same salary range, shall be
compensated at the same step in the salary range as the employee
previously received. The employee's anniversary date shall not
change.
Section 4.10. Salary on Position Reclassification: When a position
is reclassified to a lower classification, the employee shall retain
his /her rate of pay and his /her anniversary date or shall be placed
in the step of the lower salary range closest to the employee's
salary rate. If the last step of the salary range of the lower job
class is lower that the employee's salary rate, the current salary
step shall be identified as Step "Y" of the lower salary range. An
employee receiving a Step "Y" because of a downward
reclassification, shall remain in the Step "Y" until such time as
his /her job is assigned to a salary range in which one or more of
the steps is equivalent to or higher than the Step "Y ", at which
time the employee shall be placed in a step closest to but not lower
than Step "Y ". Such employee shall not receive annual salary
adjustments until such time as Step "Y" is equivalent or less than
the next step of the salary range of the employee's reclassified
position. When a position is reclassified to an equivalent
classification, the employee shall retain his /her
salary rate and anniversary date. When a position is reclassified
to a higher classification the employee shall be placed on Step A in
the new higher range or placed at the step which is a minimum five
percent (5 %) salary increase for the employee, not to exceed the
highest step of the new range. The employee's anniversary date
shall not change.
City of Moorpark Personnel Rules Adopted: 97/421/04
000003
Resolution No. 200 -4 -2008
Page 26
Section 4.11. Special Salary Adjustments: A department head may
recommend in writing to raise an employee's salary step prior to the
eligibility times specified in Rule 4.5 and Rule 4.7, so as to
recognize meritorious service, advanced educational achievements or
other extraordinary attributes related to the employee's public
service. Such increased compensation is subject to the approval of
the City Manager and the City Council, and the availability of
budgeted funds. The employee's anniversary date shall not change.
Section 4.12. Overtime and Compensatory Time: When in the best
interest of the City, the City Manager or a department head or
his /her designee may require an employee to be employed beyond the
employee's regular hours of employment. Overtime that can be
anticipated or scheduled shall require the prior approval of the
department head based on budget limits. No more than ten (10) hours
of overtime may be worked in any one work week without specific
approval of the City Manager.
Credit for overtime shall not begin until an employee has worked
forty (40) hours for that work week. All overtime shall be computed
in increments of one quarter (1/4) hour and shall be credited at one
and one -half (1 1/2) 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.
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, annur�.l 1E <:'i vacation �- 1.= : 7r_ and observed
holidays, but not sick leave or other time off, shall be credited as
time worked during the workweek. An employee will not be permitted
to accumulate more than forty (40) hours of compensatory time.
Twice a year, during the last pay period in June and the last pay
period in December, the City shall pay an employee for all
accumulated compensatory time and reduce the compensatory time
balance to zero. 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 Sections 4.12, 4.12.1, 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.
City of Moorpark Personnel Rules
Adopted: 47/421/04
000OC 4
Resolution No. 200-224-2090
Page 27
Section 4.12.1. Callback: The minimum callback for employees
covered by this Agreement shall be two (2) hours. 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. Call -back does not include px -e-
`�t t i'tr }i c) l.. �': l ji7 -CEO ac ciri a T, C:y
7 Y r .,
but such prescheduled overtime shall be paid at no less than one
hour at the overtime rate established in Section 4.12.
_.
.�+.�. -: C.i".:. ,.- tiY..- •�'�P_ -: } ... �L._ . J'__t'+'Y±�'
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 and standby simultaneously. "Standby duty" does not apply
when a City's Emergency Operations Center has been activated and an
employee may be assigned to a work shift other than his /her regular
shi f t.:74&-
�;� z ;� __�= •:- j - --- *-� L-^- =- +_, - -�- .*-_ -sue-' v, � x
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 accumulated vacation
and accumulated overtime. ,T -E7R -i-e-a V r;� -rx -t-=
f -- =: -4r - f the employee is reemployed within one year,
and upon the completion of one (1) year of additional continuous
service, tip
Should an employee be reemployed in the
formerly held position, the employee shall be placed at the same
salary step as when the layoff occurred. No credit shall be
received toward a step increase or seniority during the period of
layoff. Employees who have attained regular status at the time of
layoff and who are reemployed within a period of one (1) year shall
retain their assigned anniversary date.
Section 4.14. Compensation During Suspension: An employee who is
suspended with pay shall be paid that salary the employee was
entitled to prior to the suspension. An employee who is suspended
without pay under the disciplinary procedures shall not be paid for
City of Moorpark Personnel Rules
Adopted: 47/421/024
OOOOCS
Resolution No. 200-2-4-2090
Page 28
those specific work days of suspension. Additionally, an employee
suspended without pay shall not accrue an-iu-il 1 7 sick leave,
vacation, seniority and other benefits during a suspension of more
than fifteen (15) workdays. Insurance contributions during any
suspension of five (5) work 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) calendar days or more. The
adjusted compensation shall be at a rate set by M.O.A. or Council
resolution. Employees enrolled in training programs, which involve
temporary re- assignment to a higher classification, shall not be
eligible for adjusted compensation.
Section 4.17. Compensation for Vehicle Use: An employee shall be
compensated for use of the employee's personal vehicle on City
business under the rules set forth by ��- A ":- == —I'• ; � - .�--
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:
City of Moorpark Personnel Rules
Adopted: 17/421/024
V®OOCG
Resolution No. 200-24 -2900
Page 29
a. Application of accumulated 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 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
City of Moorpark Personnel Rules
Adopted: 4'1/421/0 -14
000067
Resolution No. 200 -4 -2009
Page 30
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.
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.
City of Moorpark Personnel Rules
Adopted: 47/427./0-214
V0,00cs
Resolution No. 20044 -2099
Page 31
g. Contributing social or environmental conditions.
Section 5.5. Request for Reconsideration by Applicant: An
applicant whose application is rejected or who is otherwise
disqualified for employment with the City may request
reconsideration of such determination. Such request shall be in
writing and filed with the City Manager within ten (10) calendar
days of the date of the notice of the rejection or disqualification.
The City Manager shall complete the reconsideration within ninety
(90) calendar days after the request is filed. The determination of
the City Manager shall be final.
RULE 6 - EXAMINATIONS
Section 6.1. Examination Process: The selection techniques used
in the examination process shall be impartial and relate to those
subjects which, in the opinion of the Personnel Director, fairly
measure the relative capacities of the persons examined to execute
the duties and responsibilities of the class to which they seek to
be appointed. Examinations shall consist of selection techniques
which will test fairly the qualifications of candidates such as, but
not necessarily limited to, achievement and aptitude tests, other
written tests, personal interview, performance tests, physical
agility tests, evaluation of daily work performance, work samples,
medical tests, psychological tests, background investigations,
successful completion of prescribed training, or any combination of
these or other tests. The probationary period shall be considered
as a portion of the examination process. Examinations shall be
designed to provide equal opportunity to all candidates by being
based on an analysis of the essential requirements of the class,
covering only factors related to such requirements. Certain
elements of the examination process may be 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
the
and
be administered periodically for a single class as the needs of
service required. Names shall be placed on employment lists,
shall remain on such lists, as prescribed in these Rules.
City of Moorpark Personnel Rules
Adopted: 47/421/044
O®®OCJ
Resolution No. 2004 -2099
Page 32
Section 6.4. conduct of Examination: The City may contract with
any competent agency or individual for the preparing and /or
administering of examinations. In the absence of such a contract,
the Personnel Director shall see that such duties are performed. The
Personnel Director shall arrange for the use of public buildings and
equipment for the conduct of examinations.
Section 6.5. Notification of Examination Results and Review of
Papers: Each candidate in an examination shall be given written
notice of the results thereof, and if successful, of the final
earned score and /or rank on the employment list. All candidates
taking a written examination shall have the right to inspect their
own test answer sheet within five (5) work=_: -n;j 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
shall remain in effect until
Director, but not extending
City of Moorpark Personnel Riles
Lists: Lists
exhausted or
longer than
other than promotion lists
abolished by the Personnel
twelve (12) months.
Adopted: 47/421/0-2-4
0000 i0
Resolution No. 20044 -2098
Page 33
Section 7.3. Reemployment Lists: The names of regular full -time
employees who have been laid off under the provisions of these Rules
shall be placed on an appropriate reemployment list. Such names
shall remain thereon for a period of one year, as provided for in
Section 10.8. When a reemployment list is to be used to fill
vacancies, the City Manager shall certify, from the top of such
lists, the number of names equal to the number of vacancies to be
filled and the City Manager shall appoint such persons to fill the
vacancies, provided such persons possess the minimum qualifications
established for the particular class at which they are to be
appointed. The reemployment list shall have priority over
employment lists, reinstatement list and promotion lists.
Section 7.4. Reinstatement List: The names of former employees,
as provided for in Section 11.5, 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.
City of Moorpark Personnel Rules Adopted: 47/421/0 -4
0000'71
Resolution No. 200-2-4-2000
Page 34
Section 7.7. Removal of Names from Lists: A person appearing on
an employment, reemployment, reinstatement or promotion list shall
be removed by the City Manager if the person: (1) requests in
writing that he /she be removed; (2) fails to respond within five (5)
work -- F,,, 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.
Section 7.10. Appointment: After the selection process, the
department head or immediate supervisor shall make recommendations
City of Moorpark Persormel Rules
Adopted: -47/421/0 -14
0()OO'i2
Resolution No. 200 -24 -2090
Page 35
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 applicants 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.
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.
City of Moorpark Personnel Rules
Adopted: 47/421/04
0000 73
Resolution No. 200-2-4 -2-000
Page 36
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, the
City Manager shall consider the recommendation and then notify the
affected employee in writing 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 calendar 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 a statement of satisfactory performance is not filed, the
employee will be deemed to be unsatisfactory and his /her employment
terminated at the expiration of the probationary period. Notice 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.
C -�y of Moorpark Personnel Rules
Adopted: - -7/421/0 -24
000074
Resolution No. 20044 -2009
Page 37
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
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
City of Moorpark Personnel Pules Adopted: 17/47.1/0-2-4
00001,75
Resolution No. 20044 -2099
Page 38
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 anr�_! :i e:_r<__ 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 two weeks prior to the
employee's anniversary date each year. A copy of all reports shall
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
calendar days of receiving the written evaluation.
City of Moorpark Personnel Rules
Adopted: 97/421/024
0000,76
Resolution No. 200-2-4-2000
Page 39
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 of 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,
provided the employee has previously held regular status in such
lesser 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) work- ;- x-,- ?� 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
probationary period in the new class unless
successfully completed a probationary period in
in the class series.
City of Moorpark Personnel Rules
class shall serve a
they have previously
the class or a class
Adopted: 97/421/024
000-'7
Resolution No. 200-2-4 -2000
Page 40
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 thirty (30) calendar
days and no more than twelve (12) months prior to layoff as follows:
First, all employees having ratings of "improvement needed;" Second,
all employees having ratings of "satisfactory" or "competent ";
Third, all employees having ratings of "commendable" or
"outstanding."
Employees within each category of rating shall be laid off in
inverse order of seniority in City service.
In the event of a layoff or demotion pursuant to Rule 10, the City
shall consider a regular employee on an unpaid leave of absence
pursuant to Section 13.3 of these Rules in the same manner as other
regular employees when implementing the applicable provisions of
Rule 10.
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) work.- days after
receipt of a layoff notice. The City Manager shall prepare and
City of Moorpark Personnel Rules
Adopted: 17/421/024
0000'i8
Resolution No. 200-4 -999
Page 41
deliver a decision on the appeal within five (5) work_7-+C-i 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 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 ea-lendar (30) calendar days in any fiscal year. Department
heads may suspend a subordinate employee for not more than three (3)
work}i-,g 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.
C-"y of Moorpark Personnel Rwles
Adopted: 97/421/04
00001,79
Resolution No. 200-2-4-2000
Page 42
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 completed at least six months of probationary
service and who resigned in good standing or 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 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, z ^.:..: 1. =a. ., vacation lel_- ;�.r ;, 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. 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 12.49 or for any other just cause.
Verbal Admonishment Reduction in Salary
Written Reprimand Demotion
City of Moorpark Personnel Ru =es Adopted: 47/423/04
Resolution No. 200-2-4-2900
Page 43
Restitution Dismissal
Suspension
Section 12.5. verbal Admonishment: When necessary, verbal
admonishments shall be given in a private en -- -a ene -=—one
bats-i- &meeting between the supervisor and the employee. The employee
may _request the attendance of a representative of their choice, in
which case a Human Resources Division representative shall also
attend. The supervisor shall include in the verbal admonishment a
review of appropriate department standards and policies, employee
performance expected in the future and consequences for failure to
correct performance or behavior, and shall keep a record of the
date, time, and nature of such admonishment. Any written report of a
verbal admonishment placed in an employee's personnel file shall be
removed two (2) years from the date of the written report, provided
no additional report or further disciplinary action was taken on the
same or similar offense during the intervening two- (2) year period.
_
LGI.., T -. .. ._ .A .... '
- - -... >> G� �r.: -:r an
} j i_
' rl',F _ii... nu, n :, a.
Ilci -:,on 'i ...0 _.od
� }c: �,rJtr r r :.� ..r_+ � _. 1.cCi�.rt .': }`.l, _ �• :�i ..3�..i. � . -. .n
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. All written
reprimands shall be reviewed by the Human Resources Division prior
to being given to the employee. The written reprimand
shall be discussed with and providedgn to the employee in a
private meeting between the supervisor and the employee that may
include a representative of the employee's choice and shall include
a Human Resources Division representative. 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 and a copy shall be provided for the
employee's personnel file. 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 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 -3 = - -r
twenty -seven (2,) r, -)i-_;urs ay= or less may be
imposed. Prior to the imposition of such discipline, the department
City of Moorpark Personnel Rules
Adopted: 97/421/02-4
®®®1981-
Resolution No. 200-2-4-2000
Page 44
head shall meet with the employee to 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 reviewed by the
Human Resources Division prior to being given to the employee. A
copy of the written record _ f.: a := ..:, = =ns '_on shall be sent to the City
Manager and a copy shall t-e be placed in the employee's personnel
file. Within ten (10) calendar days after the date of the
discipline is impesedmeeting, the employee may respond in writing
and have such response placed in the employee's personnel 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 = e
44 twenty -seven ( ) work ?ate.. rs, 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 ,,,, zlhe
-'.d b 1. _,:E' ._(_s
given to the employee n =tt e r.,e r� _.
1 �
iICI e. This written notice shall include the proposed disciplinary
action, the charges on which the proposed action is based, and the
reasons or grounds on which the charges are based. Copies of the
materials on which the proposed disciplinary action is based shall
also be provided to the employee.
The notice shall inform the employee of his /her or her right to
respond orally or in writing to the notice of proposed discipline,
of the right to respond in person or through a designated
representative, of the time period during which a response may be
made, and the name of the person to whom the response may be made.
The notice shall state that failure to respond in the time specified
shall constitute a waiver of the right to respond prior to final
discipline being imposed. The notice shall be signed by the
-- �_��-,--riisupervisor and /or initiating the proposed
disciplinary action, with a copy 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
response in reaching a decision on disciplinary action. The
employee is entitled to respond in writing or orally, through a
City of Moorpark Personnel Rules Adopted: 47/421/0 ,14
000082
Resolution No. 200214 -2880
Page 45
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, if and only if
such disciplinary action results in suspension without pay in excess
of three (3) work � 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 c
answer shall not affect the ability of
disciplinary action.
be accompanied by a
all references to the
file. Failure by the
Dr 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 a final decision is made.
Section 12.8.5. Method of Appeal: Appeals shall be in writing,
signed by the appealing employee and delivered to the City Manager.
A letter of appeal must outline the basis of the appeal and the
action desired by the employee.
Section 12.8.6. Appeal Hearing: Upon the receipt of a timely
letter of appeal, the City Manager shall set the matter for hearing.
City of Moorpark Personnel Rules Adopted: 97/421/014
000083
Resolution No. 200-2-4 -2000
Page 46
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) calendar days written notice to the
affected employee, department's representative and any such person
requesting same, of the time and place of such hearing. The hearing
shall be closed unless the appealing employee requests, in writing,
that the hearing be open to the public. The appealing employee
shall appear personally and may be represented by an attorney or by
another representative of the appealing employee's choosing.
Failure of the appealing employee to appear at the hearing shall
waive the appealing employee's right to a hearing on the
disciplinary matter.
At the appointed time and place, the City Manager or a hearing
officer appointed by the City Manager at his /her discretion shall
commence the appeal hearing. During the examination of a witness,
all other witnesses, except the parties, shall be excluded from the
hearing, unless City Manager or hearing officer in his /her
discretion, for good cause, otherwise directs. No still photographs
(including digital) shall be taken, and no filming of moving
pictures or television pictures (videotaping) shall be done 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.
City of Moorpark Personnel Rules Adopted: 97/421/0 -24
000084
Resolution No. 200-2-472900
Page 47
Section 12.8.7. City Manager's or Hearing Officer's Finding and
Decisions: The City Manager or hearing officer shall, within
fifteen (15) calendar days after the conclusion of the hearing,
cause findings and decisions to be prepared in writing and shall
certify them. The City Manager or hearing officer shall determine
whether the proposed action of the department's representative is
supported by the evidence presented and is consistent with the
provisions of the City's Personnel Rules, resolutions and
ordinances. Should the City Manager or hearing officer find that
none of the charges are supported by the evidence presented, the
decision shall be that no disciplinary action be taken. Should the
City Manager or hearing officer find that any or all of the charges
are supported, the City Manager or hearing officer may affirm, over-
rule, impose more severe action, or modify, in whole or in part, the
department representative's proposed disciplinary action. The
decision of the City Manager or hearing officer shall be final and
conclusive in all cases. Any time extensions shall be mutually
agreed upon.
Section 12.8.8. Notice of Findings and Decisions: The City
Manager's or hearing officer's findings and decisions shall be filed
as a permanent record in the appealing employee's personnel file.
The City Manager shall deliver a copy of the findings and decisions
to the affected employee and the department's representative. The
decision shall indicate the effective date of any disciplinary
action.
Section 12.8.9. Employee Status during Pre - Disciplinary Period:
Except as otherwise provided, an employee against whom disciplinary
action is proposed is entitled to be retained in an active status
during the pre- disciplinary period. When circumstances are such
that retention of the employee in active status may result in damage
to City property or may be detrimental to the interests of the City
or injurious to the employee, fellow employees or the public, the
department head may temporarily assign the employee to duties in
which these conditions do not exist or place the employee on paid
suspension with the approval of the City Manager.
Section 12.8.10. Requirement to Appoint Hearing Officer: If the
person who initiates the discipline under this Section is the City
Manager, the appeal shall be heard by a hearing officer appointed by
the City Council. At the first meeting of the City Council held
after the letter of appeal is received in accordance with Section
12.8.6, the City Manager shall inform the City Council of the need
for such appointment. The City Council shall make the appointment
within seven (7) calendar days prior to the date of the hearing. The
City Council may extend the period within which the hearing must be
held, as prescribed in Section 12.8.7. The extension shall be made
within the original period and shall not exceed fifteen (15)
City of Moorpark Personnel Rules
Adopted: 97/42'/0-214
000085
Resolution No. 200 -4 -2000
Page 48
calendar days. -111' T"E' CPU, i-1 _Tllc3n' 'C)-
Section 12.9. Causes for Disciplinary Actions: All employees are
expected to conduct themselves in a reasonable and prudent manner
within City and respective department standards. Employees who
violate such standards should expect appropriate disciplinary
actions. The following list of selected causes for disciplinary
action is not a total and complete statement of causes of
discipline. This list represents those offenses which are most
common. Management and supervisors may discipline an employee for
other good cause:
a. Tardiness.
b. Failure to observe precautions for personal safety,
posted rules, signs, safety instructions, or to use
protective clothing or equipment.
C. Careless workmanship resulting in waste of materials.
d. Unsatisfactory work performance.
e. Misuse or abuse of sick leave privileges; i.e., failure
to present adequate documentation of illness when
required by the City Manager or respective department
head, repeated absences before or after work days off,
use for unauthorized purposes, and excessive unscheduled
use of annual leave or vacation leave.
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
Dected 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.
City of Moorpark Personnel Rules
Adopz�ed: 37/421/024
®OOOEG
Resolution No. 20044-2000
Page 49
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.
X. Making false or unfounded statements, which are
defamatory about other employees or City officials.
Y- Willful damage to City property or to the property of
others.
City of Moorpark Personnel Rules
Adopted: 97/421/0tM
000087
Resolution No. 200-2-4 -2GOg
Page 50
z. Official conduct unbecoming a City officer or employee
which tends to discredit the City or the City service.
aa. Any on -duty violation of federal, state or local laws or
any off -duty violation of law which might bring discredit
to the City.
bb. Sexual harassment.
CC. Participation in an unlawful strike, work stoppage,
slowdown, or other unlawful job action against the City.
dd. Misappropriation of City funds.
ee. Conduct tending to interfere with the reasonable
management and discipline of the City or any of its
departments or activities.
ff. Engaging in incompatible employment elsewhere and /or
outside employment that has not been specifically
authorized.
gg. Willful or negligent violation of Personnel Rules and
regulations and /or written c,r departmental
=r:re CVs, regulations and policies.
hh. Conviction of a felony.
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 letter deposited
with the United States Postal Service addressed to the employee's
last known address shall be reasonable notice.
Section 13.2. Hours of Work: Daily hours of work (or shifts) for
employees within departments shall be assigned by department heads
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
City of Moorpark Personnel Rules
Adopted: 47/42 =/0-2-4
V000rySS
Resolution No. 2002 -4 -2989
Page 51
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 ninety (90) calendar days. If an
employee is eligible for Pregnancy Disability Leave (pursuant to
Section 13.410), Family Medical Leave (pursuant to Section 13.11),
and /or California Family Rights Act Leave (pursuant to Section
13.12), an unpaid leave of absence shall not be considered for
approval until the completion of such leaves and use of all
available paid time off for which he or she is eligible. No leave of
absence shall be granted except upon written request of the employee
setting forth the reason for the request. The leave of absence may
be approved by the City Manager at his or her discretion. Personal
leaves of absence are not guaranteed. Requests for such leaves of
absence will be considered on the basis of a combination of factors,
including the employee's length of service, performance, position,
responsibility level, the reason for the request, whether other
individuals are already out on leave, and the expected impact of the
leave on the employer. If approved, such approval shall be in
writing, and may consist of a completed Personnel Action Form
approved by the department head and City Manager and an agreement
letter signed by the City Manager and the employee.
Upon expiration of an approved leave of absence, the 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 leave of absence. An
employee who fails to report to work at their regular work shift on
the work day after the leave of absence expires will be considered
to have voluntarily resigned from his or her position.
Any employee on an approved, unpaid leave of absence shall receive
no compensation, no annual leave, vacation cleave, and no
sick leave upon the effective date of the approval of the leave.
Paid insurance 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 to retirement, health and medical plans
shall be suspended until the employee returns to work (does not
apply to an employee on approved Family Medical Leave, pursuant to
Section 13.11, and /or California Family Rights Act Leave, pursuant
City of Moorpark Personnel Rules Adopted: 47/421/0-214
OOOOF9
Resolution No. 2004 -2900
Page 52
to Section 13.12). 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
City. An employee returning to work 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 t:_R:n_ <_.c 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 (1/2) month for each fifteen (15) consecutive calendar
days taken a u.r_� i:) i a -e. The employee shall retain seniority-
related benefit qualification upon return from an approved leave of
absenceaeeuR%la-ted vaeatien er-edits, siek leave erect is -rrreiFity
ranking, and ether s =fai1aiF er-edits; however, sueh erreditsannual
leave, vacation leave, sick leave, and longevity pay eligibility
shall not accrue to ,a per -sen ginanted -sireh leave an employee during
the period of leave of absence.
Section 13.4. Military DutyLeave: 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 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
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. Annual eatio Leave: Effective with the first pay
period in July 2004, all full -time competitive service employees
with less than ten (10) years of service and with ten (10) or more
years of service but less than two hundred forty (240) hours of
accumulated sick leave, and all regular part -time staff with less
than ten (10) years of service and two hundred (200) hours of
accumulated sick leave, will have their_ current, separate
accumulated vacation and sick leave converted to a combined annual
leave. All new competitive service employees will accrue annual
leave and are not eligible for separate vacation and sick leave
accruals. Employees that have ten (10) or more years of service
and the required minimum number of hours of accumulated sick leave
may elect by the first pay period in July 2004 to maintain their
current system of separate vacation and sick leave accruals, but
cannot then change to annual leave in the future.
City of Moorpark Personnel -Rules Adopted: 47/421/0-2-4
OO OOS0
Resolution No. 200-2-14-2000
Page 53
For those current employees to be converted to an annual leave
system, effective with the first pay period in July 2004,
accumulated vacation leave will be converted to annual leave on an
hour - for -hour basis, accumulated sick leave will be converted to the
new annual leave at a ratio of sixty percent (60%), and the sixteen
(16) hours previously accrued as floating holiday leave will be
added, resultinq in an annual leave accrual rate as follows:
0 to 60 Months - 6.1538 hours per pay period (equivalent to 20
eight -hour days per year);
61 to 72 Months - 6.4615 hours per pay period (equivalent to 21
eight -hour days per year);
73 to 84 Months 6.7692 hours per pay period_ (equivalent to 22
eight -hour days per year);
85 to 96 Months - 7.0769 hours per pay period (equivalent to 23
eight -hour days per year);
97 to 108 Months - 7.3846 hours per pay period (equivalent to 24
eight -hour days per year);
109 to 120 Months - 7.6923 hours per pay period (equivalent to 25
eight -hour days per year);
121 to 132 Months - 8.0000 hours per pay period (equivalent to 26
eight -hour days per year);
133 to 144 Months - 8.3076 hours per pay period (equivalent to 27
eight -hour days per year); and
145 and above Months - 8.6153 hours per pay period (equivalent to 28
eight -hour days per year, the maximum accrual rate).
Annual leave time accrues from the date of hire consistent with the
above schedule, and shall be accrued monthly on a pro -rata basis.
Regular part -time employees shall accrue similar annual leave
benefits at a ratio determined by the actual number of hours worked
with two thousand eighty (2,0_80) hours equivalent to one (1) year of
service and including probationary time. Annual leave may be taken
except that
�,
as it accrues c; �„ z :_ , .:;
t- ,
employees serving an original probationary period may not take such
leave during the first three (3) months of the probationary period,
except as may be rl—te.-- authorized by the department head with the
concurrence of the Citv Manaaer.
For all full -time employees converting to the new annual leave, the
maximum accumulated annual leave balance will be four hundred twentv
City of Moorpark Personnel Rules
Adopted: 37/421/0 -a4
000051
Resolution No. 2002-14-2900
Page 54
(420) hours through June 30, 2006, and will then become three
hundred twelve (312) hours maximum accumulated annual leave
effective July 1, 2006. After July 1, 2006, when an employee's
accumulated annual leave balance reaches the maximum of 312 hours,
accrual of annual leave shall cease. The employee shall not accrue
further annual leave until such time as the employee's accumulated
annual leave balance aaain falls below the maximum.
For regular part -time employees, the maximum accumulated annual
leave balance will be transitioned to a prorated amount based on
budgeted annual hours. An employee working a regular schedule of
thirty (30) hours per week would have a maximum accumulated annual
leave balance of four hundred twenty (420) hours from the first pay
period in July 2004 through June 30, 2005; would have a maximum
accumulated_ annual leave balance of three hundred fifteen (315)
hours from July 1, 2005, through June 30,_2_006,; and would have a_
maximum accumulated annual leave balance of two hundred thirty -four
(234) hours after July 1, 2006. An employee working a regular
schedule_ of twenty -five (25) hours per week would have a maximum
accumulated annual leave balance of two hundred sixty -two and one
half (262.50) hours through June 30, 2006; and after July 1, 2006,
would have a maximum accumulated annual leave balance of one hundred
ninety -five (195) hours.
It is the em
's responsibility
to monitor his /her annual leave
balance and ensure that accrual will not cease, due to reaching the
maximum accumulated annual leave balance. The loss of annual leave
accrual shall not occur, if the use of annual 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 annual leave that would have been accumulated
in excess of the maximum.
The dates for using annual leave may be selected by an employee, but
shall be approved by the department head, who shall consider the
wishes of the employee and the service needs of the City.
Generally, use of annual leave shall require a minimum of one (1)
pay period advance approval for use of annual leave, with the
exception that two work days may be taken as annual leave in any
fiscal year (July 1 through June 30) with only two work days advance
approval. Employees would be allowed to use the equivalent of up
to six work days of annual leave each fiscal year without the
7 notice specified in this paragraph,
1_. d- 1c.C1 JY i r F 1c SUCK as an unexpected
illness or injury for an employee or family member or an
unanticipated child care problem. F _ -ny unscheduled �. u <a:- leave
- = - --
that exceeds six ( 6 ) wc: -k days cumulative annual leave in .r::' fiscal
year, or three (3 ) consecutive \% ._1 <. days or more, a d,- r iY L-- - 'i %- hr �
may require a physician' �:r + judgment
�_ � ! ! � , � -, when in the ud
City of Moorpark Personnel Rules Adopted: 97/421/0t4
0000 ,92
Resolution No. 2002-4 -2000
Page 55
of the department head the employee's reasons for being absent,
because of alleged sickness or emergency, are inadequate.
2.',.; -.... ., 1. 1. J. �.;',.._ C_; _..1 ...r.t LCx .•('.. _.. _�L ��.C_. 1. _. .... J_L
fiscal year
- '.y -fl U j_ . !. t.r �'L .. . _� 11 -.•' c... _. rl.J i. .E 'a . ca 1 c- i ca--
dF t I- S z _ c),- -1 `?
When annual leave has not been approved in advance, an employee
shall at a minimum: 1) Provide their supervisor and /or department
head with a telephone message prior to or within one -half hour after
the time set for the employee's work shift to begin; and 2) the
employee shall 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. a
C.•11 ' "l �" -' <�� ��r -, C I+_!�
r•i:f' !-fe i ~ i_r Li.. -� `�-J :�1, �.i c:.' C'xl...e 7_. �_� ..'D iJ._ix fF J....:. I _I
F'_ ' I l i _i1 t. an err. ,]. it ^.E' . IP` CA 2, 7. _ f.G j ,.
(i :C -a ;,, e'! r ' 1-1 c: ..:: T„ _,;1 t. TIC:
L.)
r S,
�.Q � �.0 .� _ '' JI . ..,
' An employee may be required to use annual leave to take
physical examinations at periodic intervals from a physician
designated and paid for by the City.
In the event that one or more municipal holidays fall within an
annual leave, such holiday equivalent to eight (8) hours shall not
be charged as annual leave. Employees who terminate employment
shall be paid for accumulated annual leave based upon their then
current rate of pay. The estate of a deceased employee shall be
paid the amount of that deceased employee's accumulated annual
leave.
The City may establish an annual leave donation program, through
adoption of either a City Manager approved administrative procedure
or City Council approved policy, whereby all regular City employees
may voluntarily participate in and benefit from a leave bank for
regular employees incapacitated due to a serious illness or injury
who have exhausted their paid leave. Such donation by an employee
may not exceed 40 hours per employee receiving the donation and per
calendar year.
vl.i s r 1 1 C. c Ti T_.i1C C' :a �C- d h; t s.: �L 2
Section 13.6. Vacation and Sick Leave:
Effective with the first pay period in July 2004, all full -time
competitive service employees with ten or more years of service and
240 hours or more of accumulated sick leave, and all rectular Dart-
City of Moorpark Personnel Rules
Adopted: 47/421/024
000 0 ,3
Resolution No. 200-2-4 -2000
Page 56
time staff with more than ten years of service and 200 hours or more
of accumulated sick leave, may elect by the first pay period in July
2004 to maintain their current system of separate vacation and sick
leave accruals, but cannot then change to annual leave in the
future.
Section 13.6.1. Vacation Leave:
For those regular full -time and part -time employees eligible to
accrue vacation leave consistent with the above stated provisions,
Baeh €iall 4 i _fte regialar and prebatienary empleyee —shall aee:Fue
vacation leave with pay shall be accrued as follows:
a. The first month of employment through fifth - earsthe 60`'
month of service, the vacation leave shall be
354.3077 hours per pay period (equivalent to 1-2-4
eight -hour days per year).
b. Commencing with the sixt=h year-beginning of the 61st month
of service (after completion of five yea 60 months of
service) with the City, the vacation leave shall be
accrued as follows:
Yeas -Gix61 to 72 Months - 4.00004.6153 hours per pay
period (equivalent to 1 -35 eight -hour days per year);
Yea,- - S even? 3 to 84 Months - 4-30774 . 9 2 3 0 hours per pay
period (equivalent to 146 eight -hour days per year);
Year Eight85 to 96 Months - 4.61545.2307 hours per pay
period (equivalent to 1 §7 eight -hour days per years -,
Year Nine97 to 108 Months - 4.9234:5.5384 hours per pay
period (equivalent to 1b8 eight -hour days per year);
3zear Ten109 to 120 Months - 5.23985.8461 hours per pay
period (equivalent to 1 -79 eight -hour days per year);
Year - ven121 to 132 Months - 5.53856.1538 hours per pay
period (equivalent to X20 eight -hour days per year);
Teai= Twel-v=e13 3 to 144 Months - 5-- 866.4 615 hours er
p pay
period (equivalent to 3-321 eight -hour days per year);
*ear Th Ef&ee 145 and above Months - 6.15386.7692 hours
per pay period (equivalent to 242 eight -hour days per
year, the maximum accrual rate).
For eligible employees, 14vacation time accrues from the date of hire
consistent with the above schedule, and shall be accrued ^,e yper
City of Moorpark Personnel Rules Adopted: 97/421/0 -14
000094
Resolution No. 2004 -2909
Page 57
pay period on a pro -rata basis, with the exception of any unpaid
leave of absence time. 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 eighty
(2,080) hours equivalent to one (1) year of service, which actual
hours worked shall include all leave with pay. Gnly— ;�alrand
prebatie ___-1 __ y ? eyees shall ae'e- rue -� G'T'aeatieT1 leave.
The dates for using vacation leave may be selected by an employee,
but shall be approved by the department head, who shall consider the
wishes of the employee and the service needs of the City. Generally,
use of vacation leave shall require a minimum of one (1) pay period
advance approval for use of vacation leave, with the exception that
two work days may be taken as vacation leave in any fiscal year
(July 1 through June 30) with only two work days advance approval.
the department head wd:�.-h the eene;arrenee ef the City Manager.
shall be appreved by the depart-Faent head whe shall eensider the
wishes of — he empleyee —and the needs of the —City. In the event that
one or more municipal holidays fall within a vacation leave, such
holiday equivalent to eight hours shall not be charged as vacation
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 full -time employee may not accumulate more than two hundred
eightyninety -six (2 996) hours of vacation at any time. When an
employee's accumulated vacation balance reaches the maximum of two
hundred yninety -six (25 -996) hours, accrual of vacation shall
cease. The employee shall not accrue further vacation until such
time as the employee's accumulated vacation leave balance again
falls below the maximum. For eligible regular part -time employees,
the maximum accumulated vacation leave balance will be prorated
based on budgeted annual hours. A regular part -time employee will
have a maximum accumulated vacation leave balance of two hundred
eighty (280) hours from the first pay period in July 2004 through
June 30, 2005; and beginning July 1, 2005, and continuing will have
a maximum accumulated vacation leave balance of two hundred twenty -
two (222) hours.
It is the employee's responsibility to monitor his /her vacation
leave balance and _ensure that accrual will not cease, _ due to
reaching the maximum accumulated vacation leave balance. The loss
of vacation leave accrual shall not occur, if the use of vacation
City of Moorpark Personnel Rules
Adopted: 97/421/0;M
0000155 0155
Resolution No. 20044 -2090
Page 58
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 for all or part of the vacation leave that would
have been accumulated in excess of the maximum, based upon the
employee's then current rate of pay.
Any vacation leave 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 maximum two hundred �ninety -six
(24G96) total hours of accumulated vacation leave for eligible full-
-time employees and maximum two hundred twenty -two (222) total hours
of accumulated vacation leave for eligible regular part -time
employeesthat = aee r3:atee1 eaeh 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 year. It is the
responsibility of the employee to monitor his /her vacation balance
and ensure that it does not exceed 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.
The City may establish a vacation leave donation program, through
adoption of either a City Manager approved administrative procedure
or City Council approved policy, whereby all regular City employees
may voluntarily participate in and benefit from a leave bank for
regular employees incapacitated due to a serious illness or injury
who have exhausted their paid leave. Such donation by an employee
may not exceed 40 hours per employee receiving the donation and per
calendar vear.
Vacation leave shall not be used for the purpose of organized
disruption, such as in the case of a labor dispute.
Section 13.6.2.Sick Leave: For those employees eligible to accrue
vacation leave and sick leave in accordance with the requirements
stated_ in Section 13.6., the following definitions and provisions,
including accrual rate, shall be applicable.
A. Allowable Uses and Definition of -immediate Family" For
Purposes of Sick Leave Use
C_ty of Moorpark Personnel Rules
Adopted: D- 7/421/0�4
0 0 0 0 B G
Resolution No. 2002-4 -2000
Page 59
Sick leave shall not be considered as a privilege, which an employee
may use at his /her discretion, nor shall it be permitted to be used
for organizational disruption during a labor dispute, but rather it
shall be allowed only for the following reasons:
1. Illness and physical incapacity of the employee due to
non -work related illness, injury or temporary disability.
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.), 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" (Spouse means a legal spouse as defined by
State law.)
b) "Child" (Child means a biological, foster or adopted
child, a stepchild, a legal ward, or a child of a
person_ standing in loco parentis, to age 25, or
currently enrolled under the City's health insurance
program, whichever is longer.)
c) "Parent" (Parent means a biological, foster or
adoptive parent, a stepparent, or a legal guardian.)
d) Other individual whose relationship to the employee
is that of a dependent living in the same household
as determined by the City Manager at his /her sole
discretion. An employee must request a
predetermination of such status and such information
will be considered confidential to the extent
permitted by law. The employee may make one request
for such determination once per calendar year, but
not within six months of the last request. The City
Manager shall make his /her determination within
City of Moorpark Personnel Rules
Adopted: 47/421/02 -4
OCVO0912
Resolution No. 200-2-4-2000
Page 60
thirty (30) calendar days after receiving the
request in writing;
6. Care of non - dependent child or parent not living in same
household and care of domestic partner or domestic
tner's child as follows:
An employee may use in any calendar year the employee's
accrued and available sick leave entitlement in an amount
that would be accrued during six months at the employee's
then current rate of entitlement to attend to an illness
of a child, parent, spouse, domestic partner or child of
a domestic partner of the employee. Under this section
"domestic partner" means a legal domestic partner, as
defined by State law (California Family Code Section
297), including the filing of a Declaration of Domestic
Partnership with the Secretary of State.
B. General Provisions
Each eligible full -time regular and probationary employee shall
accrue sick leave at the rate of 3.0769 hours per pay period
(equivalent to ten (10) eight (8) -hour days per year) . Regular
part -time employees accrue pro -rated sick leave at a ratio
determined by the actual number of hours worked. Accumulated 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. 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 department head may at his /her discretion require an employee to
submit a physician's written certificate, 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,
City of Moorpark Personnel Rules Adopted: 47/421/0-;-L4
OOOOSIS
Resolution No. 2004 -908
Page 61
a finding shall be made that the employee has abused sick leave
privileges and the absence shall be counted as absence without
leave.
An employee who becomes ill while on vacation, may have such period
of illness charged to the employee's accumulated sick leave instead
of vacation. The employee must immediately upon returning to work
submit a written request to the department head for sick leave and a
written statement from a physician stating the nature and cause and
dates of the illness. Such request must be approved by the
department head and the City Manager.
An employee shall have the equivalent number of hours deducted from
his /her accumulated sick leave time for each regularly scheduled
work day that the employee is on paid sick leave. In the event that
an employee_ becomes ill during working hours and is placed on paid
sick leave prior to the close of the work day, such paid sick leave
shall be calculated to the nearest one - quarter hour.
An employee using sick leave during the workweek, 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.
Observed holidays occurring during sick leave shall not be charged
against an employee's accumulated sick leave. An employee who is
absent from work the work day preceding or succeeding an observed
holiday without prior written authorization from the 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, such as a physician's certification of
illness or injury. The intent of this Rule is that it 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
accumulated, he /she shall then have vacation leave he /she has
accumulated deducted for each work 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 accumulated vacation leave
is used. The employee may apply to receive a leave of absence
without pay, if the employee does not have any accumulated vacation
or sick leave.
C. Sick Leave Approval
City of Moorpark Personnel Rules
Adopted: 97/421/04
0 000��
Resolution No. 2004 -2000
Page 62
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
accumulated 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.
4. Use of sick _leave following resignation shall in all
cases require the employee to provide a medical
certificate to verify need for the absence from work.
D. Conversion of Sick Leave
So long as an employee has at least the minimum number of sick leave
hours accumulated 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
vacation leave. The employee must submit his /her written
declaration to convert up to 40 hours of accumulated sick leave to
accumulated vacation to the City Manager between January 1 and
January 31 following the qualifying annual conversion period ending
December 31 of the prior year. Once the sick leave is converted to
vacation, it shall be subject to the provisions of Section 13.6.1 of
these Rules.
City of Moorpark Personnel Rules
Adopted: 47/421/04
Resolution No. 2002-4-2000
Page 63
Months
of Service
Accumulated Sick Leave
Hours
4:07 Hen=s
ess
2-4-G
er
108
449 Menthe
2-5-G
120 -
131 Months
260
132 -
143 Months
270
144 or
More Months
280
Section 13.67. 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 budgeted for the fiscal year, and based upon the
full -time equivalent for that position. Holiday pay for full -time
employees shall be equivalent to an eight -hour work day.
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.
City of Moorpark Person -iel Rules
Adopted: 37/421/0 -14
000 :101
- --
- - - - - -- - - - - -
City of Moorpark Person -iel Rules
Adopted: 37/421/0 -14
000 :101
Resolution No. 200-2-4-2009
Page 64
Section 13. -78. Jury Duty: In the event a regular full -time or
regular part-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, for a maximum of thirty (30)
work days in a calendar year, 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 calendar 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 calendar day(s) an employee is not
regularly scheduled to work.
Regular part -time employees shall be paid for jury duty based upon
their regular work schedule, the ratio of the number of hours
regularly scheduled for the work week and budgeted for the fiscal
year, and based upon the full -time equivalent for that position.
The employee shall prepare and submit to the City Manager a weekly
statement of actual jury service plus the actual travel time to and
from the City and the court. The employee shall give the City
prompt notice of the employee's required jury service.
This section does not include service on the Grand Jury of any
County or any jury of inquest.
Section 13.$9. Bereavement Leave: Any
employee may be allowed to be absent
(35) consecutive worker days (not
City of Moorpark Personnel Rules
regular full -time or part -time
from duty for up to threefive
to exceed twenty forty
Adopted: 47/421/02-4
000102
Resolution No. 200-2-4-2090
Page 65
work4-ncg 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 eefive
consecutive worker days, the appointing authority may allow the use
of accumulated annual leave, vacation leave, administrative leave,
compensatory time, or up to two (2) work days of accumulated sick
leave to supplement the eefive (5) worki � 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 -law, mother -in -law, son -in -law,
daughter -in -law, or step - parent of an employee. The City shall not
be obligated to grant Bereavement Leave for an employee more than
twice (2 times) per calendar year. The City Manager, in his /her sole
discretion, may approve the use of Bereavement Leave for the death
of other persons closely associated with an employee.
Regular part -time employees shall be paid for bereavement leave
based upon their regular work schedule, the ratio of the number of
hours regularly scheduled for the work week and budgeted for the
fiscal year, and based upon the full -time equivalent for that
position.
Section 13.410. 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. Pregnancy Disability
Leave is only available during the actual period of disability due
to pregnancy or related condition up to a maximum of four months.
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 without undue risk to herself, the successful
completion of her pregnancy, or to other persons because
of pregnancy or childbirth or because of any medically
recognized physical or mental condition that is related
to pregnancy or child birth (including severe morning
sickness); or
b. The employee needs to take time off for prenatal care.
Pregnancy Disability Leave may be taken in one or more periods
(intermittently) or on a reduced leave schedule when medically
advisable, as determined by the employee's health care provider, but
may not exceed four months total. "Four months" means that number
of work days the employee would normally work within four calendar
months.
City of Moorpark Personnel Rules
Adopted: 47/421/024
0001 03
Resolution No. 200 -24 -2090
Page 66
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 accumulated
paid sick leave, and may use accumulated paid annual leave, vacation
t-iffteleave, accumulated administrative leave, and earned compensatory
time. The receipt of annual leave pay, vacation leave 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
annual, sick, vacation, and /or administrative leave to supplement
payments received as disability insurance benefits, but the
combination of paid leave and disability pay may not exceed the
employee's regular salary.
An employee on Pregnancy Disability Leave without pay shall receive
no compensation and shall not accrue annual leave, vacation
benefi eleave, 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 the 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 City. An employee on unpaid Pregnancy Disability Leave shall
retain the annual leave, vacation tiffteleave, 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
City of Moorpark Personnel Rules Adopted: 47/421/02-4
000104
Resolution No. 200-2-4 -2000
Page 67
in a timely manner (within fifteen (15) calendar 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) worker 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. 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 it is foreseeable based on planned medical treatment,
the employee may be transferred temporarily to an available
alternative position for which she is qualified that has equivalent
pay and benefits and that better accommodates recurring periods of
leave than her regular position.
Upon 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 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) work 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 shall be cause for dismissal.
City of Moorpark Personnel R -iles
Adopted: 97/421/0-a4
00010S
Resolution No. 2004 -2009
Page 68
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.
4. i
f health the
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City of Moorpark Personnel Rules
Adopted: 47/421/024
0001 06
Resolution No. 2004 -000
Page 69
City of Moorpark Personnel R;;les
Adopted: 47/42_/02-4
en
leave
the
in er—der te- ree-eive eefftpensatien
his /lreia
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City of Moorpark Personnel R;;les
Adopted: 47/42_/02-4
en
leave
the
in er—der te- ree-eive eefftpensatien
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efJahe
City of Moorpark Personnel R;;les
Adopted: 47/42_/02-4
Resolution No. 200-2-4-2009
Page 70
trCrnspeEtatien te-- and -fr-ern wheel- erehildeare) .
sz
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;,=heir ace laced siek leave.
City of Moorpark Personnel Rules
Adopted: 47/421/02 -4
000108
Resolution No. 200214 -2900
Page 71
City of Moorpark Personnel Rules
Adopted: 47/421/0 --4
000109
III ON
City of Moorpark Personnel Rules
Adopted: 47/421/0 --4
000109
Resolution No. 200-24-2000
Page 72
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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 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
placed with the employee fo
Leaves for this purpose must
City of Moorpa rk Persormel Rules
newborn child or a child
r adoption or foster care.
conclude twelve (12) months
Adopted: 47/421/02 -4
00110
Resolution No. 20044 -2999
Page 73
after the birth, adoption, or placement. If both parents
are employed by the City, they will be entitled to a
combined total of twelve (12) weeks of leave for this
purpose.
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 purposes of Section 13.11 only:
1. Child: a biological, adopted, or foster child; a
stepchild; a legal ward; or a child of a person standing
in loco parentis, who is either under age 18, or an adult
dependent child (e.g., over age 18 and incapable of self -
care because of a mental or physical disability).
2. Family and Medical Leave: Either unpaid or paid leave
taken in accordance with this Rule.
3. Foster Care: Foster care means the twenty -four (24) hour
care for children in substitution for, and away from,
their parents or guardian which involves an agreement
between a state and the foster family. Foster care may
be with a child's relatives.
4. Health Care Provider:
a. An individual holding either a physician's
osteopath's, or surgeon's certificate.
b. Any person
osteopathic
state or
supervises
condition.
City of Moorpark Personnel Rules
duly licensed as a physician, surgeon,
physician in California or in another
jurisdiction who directly treats or
the treatment of the serious health
Adopted: 537/421/0,14
0 0011'L
Resolution No. 200 4 -2990
Page 74
c. Any other person determined by the United States
Secretary of Labor to be capable of providing health
care services under applicable law.
d. Other persons as defined by state and federal law.
5. Serious Health Condition is an illness, injury,
impairment or physical or mental condition that involves
either of the following:
a. In- patient care in a hospital, hospice, or
residential health 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 domestic partner is not
considered a spouse for these purposes.
7. The twelve (12) month period in which twelve (12) weeks
of Family and Medical Leave may be taken is the twelve
(12) month period immediately following the start of any
Family and Medical Leave.
8. Twelve (12) Workweeks means the equivalent of twelve (12)
of the employee's normally scheduled workweeks.
9. Week(s) : Week means five (5) worker 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 Accumulated 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. If the City learns at any time that an
employee is taking paid or unpaid leave for a Family and Medical
Leave qualifying reason, the City may retroactively count the
employee's leave as a Family and Medical Leave starting from the
date that the employee began his or her leave of absence.
City of Moorpark Personnel Rules
Adopted: -17/421/0 -14
000112
Resolution No. 200-2-4-2090
Page 75
An employee may use accumulated sick leave, annual leave, vacation
leave and administrative leave, including use of
combination with disability insurance payments, while
Medical Leave.
Any employee on
serious health
annual leave,
such leave in
on Family and
Family and Medical Leave because of his or
condition must use all accumulated paid sic
vacation leave and administrative leave
beginning of any otherwise unpaid Family and Medical Leave
her own
leave,
at the
period.
An employee on Family and Medical Leave to care for a spouse,
parent, or child with a serious health condition must use all
accumulated annual leave, vacation leave and administrative leave at
the beginning of any otherwise unpaid Family and Medical Leave
period. Accumulated sick leave may be used during an otherwise
unpaid Family and Medical Leave only to the extent permitted by
Section 13.3-&6.2 of these Rules.
An employee on Family and Medical Leave for childcare must use all
accumulated paid annual leave, 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
Subsection C are unpaid leaves.
The receipt of annual leave pay, vacation leave pay, sick leave pay,
administrative leave 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 shall continue to fully
administrative leave benefits,
shall count as time worked for
for layoff, recall, promotion,
benefits such as vacation.
leave while on Family and Medical
accrue annual, vacation, sick, and
and such Family and Medical Leave
purposes of establishing seniority
job assignment and seniority related
An employee on Family and Medical Leave without pay shall receive no
compensation and shall not accrue annual, 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. 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.
City of Moorpark Personnel Rules
Adopted: -97/421/014
00011J 11J
Resolution No. 200 4 -2000
Page 76
D. Health Benefits Coverage and Premium Payments
1. While an employee is on Family and Medical Leave, the
City's contributions on behalf of the employee to the
City's medical, dental, optical plans (health benefits)
will be continued, including any City paid dependent
coverage, in the same manner as when the employee is on
paid status. Short and long -term disability and life
insurance benefits for employee and City paid dependent
coverage will also be continued. (Premium payments for
short and /or long -term disability insurance would be
discontinued when no longer required to be paid by the
insurance provider, due to initiation of benefit
payments.)
2. An employee who is on unpaid Family and Medical Leave may
choose to continue optional insurance coverages 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.
3. During unpaid Family and Medical leave, an employee may
elect to discontinue health insurance coverage for a
spouse and /or any dependent(s) as well as any other
benefits offered or sponsored by the City to which the
employee is required to make monthly contributions.
4. An employee shall continue to be responsible for making
the payment of required contributions towards the cost of
benefits not revoked under (3) above. If any premium
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) calendar 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
City of Moorpark Personnel Rules
Adopted: 47/421/02-4
000114
Resolution No. 200-2-4-2999
Page 77
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 or
other circumstances beyond the employee's control.
E. Certification
An employee requesting Family and Medical Leave because of his or
her own serious health condition, or his or her spouse's, child's or
parent's serious health condition must provide medical certification
from the appropriate health care provider on a form supplied by the
City. Failure to provide the required certification within fifteen
(15) calendar days of the leave request may result in denial of the
leave request until such certification is provided.
If the City has reason to doubt the medical certification supporting
a leave because of the employee's own serious health condition, the
City may request a second opinion by a health care provider of its
choice and paid for by the City. If the second opinion differs from
the first one, the City will pay for a third, mutually agreeable,
health care provider to provide a final and binding opinion.
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) calendar 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
City of Moorpark Personnel Rules
Adopted: 47/421/0-2-4
000115
Resolution No. 200 -24 -999
Page 78
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 work day but less
than two weeks' duration on any two (2) occasions.
If an employee needs intermittent leave or leave on a reduced leave
schedule that is foreseeable based on planned medical treatment for
the employee or a family member, the employee may be transferred
temporarily to an available alternative position for which he or she
is qualified that has equivalent pay and benefits and that better
accommodates recurring periods of leave than the employee's regular
position.
In the event that an employee requires intermittent Family and
Medical leave, including, but not limited to, prolonged treatment
plans or a series of surgeries, he or she shall notify the City in
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
City of Moorpark Personnel Rules Adopted: 97/421/0 --4
000116
Resolution No. 200-4 -2000
Page 79
return to work, shall be cause for dismissal. A letter deposited
with the United States Postal Service 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 13.12. California Family Rights Act Leave: Under the
California Family Rights Act (CFRA), employees who have more than 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 parents, a total
of twelve (12) week's 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. If the City learns at
any time that an employee is taking paid or unpaid leave for a CFRA
Leave qualifying reason, the City may retroactively count the
employee's leave as a CFRA Leave starting from the date that the
employee began his or her leave of absence.
An employee is required to use all accumulated annual leave,
vacation leave and administrative leave at the beginning of any
otherwise unpaid CFRA Leave. Accumulated sick leave may be used
during an otherwise unpaid CRFA Leave only to the extent permitted
by Section 13.36.2 of these Rules. An employee using accumulated
leave while on CFRA Leave shall continue to fully accrue annual,
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 annual leave, vacation leave, and
longevity pay.
While an employee is on CFRA Leave, and
leave, the City's contributions on behalf
City's medical, dental, optical, and short
plans will be continued, including any City
Life insurance benefits for employee and
also be continued.
City or Moorpark Perso=e_ Rules
using accumulated paid
of the employee to the
and long -term disability
paid dependent coverage.
dependent coverage will
Adopted: 47/421/0y4
0001112
Resolution No. 2004 -2000
Page 80
While an employee is on unpaid CFRA Leave, the City will provide
health benefits consistent with the requirements of the Family and
Medical Leave Act (reference Section 13.11.D of these Rules). If the
employee has used twelve (12) weeks of Family and Medical Leave and
requests additional unpaid leave time under CFRA, the employee 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 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 employee on unpaid CFRA Leave shall receive no compensation and
shall not accrue annual leave, 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 Accomanodation: A leave of absence may be
considered as a reasonable accommodation for a
with a disability, pursuant to the provisions
these Rules.
qualified individual
of Section 13.3 of
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 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, City Clerk, Human Resources
Analyst /Assistant, City Manager, or Assistant City Manager. 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, the
supervisor shall also arrange to have the prescribed forms completed
no later than the next succeeding work day of business that City
offices are open. The supervisor must immediately notify the
department head and file a written accident report with the City
City of Moorpark Personnel Rules Adopted: 97/421/02-4
000118
Resolution No. 20044-2000
Page 81
Manager no later than the next succeeding work day—ef business that
City offices are open. In the event that a work related injury
requires emergency medical care, the employee's supervisor may
report the injury.
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 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 three (3) worker days (including the work day of injury) . After
three (3) worker days, the employee may use accumulated sick leave
in combination with temporary disability benefits provided under
State Worker's Compensation Laws to provide continuation of the
employee's regular monthly base salary until such accumulation is
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 annual leave, vacation leave, and /or accumulated
compensatory time off to continue his /her regular salary in
combination with the temporary disability payments. The use of any
portion of accumulated sick leave, annual leave, vacation leave, 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 Leave and CFRA Leave, if applicable (see Sections 13.11 and
13.12).
C_z�y of Moorpark Personnel Rules Adopted: 9?/421/0?-4
000119
Resolution No. 200214 -959
Page 82
It is strictly prohibited to combine sick leave, annual 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
holiday 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) calendar 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 receipt of
restitution by the City, an appropriate amount of such sick leave,
annual 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 modified 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 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 -job 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:
City of Moorpark Personnel Rules
Adopted: 17/421/014
000120
Resolution No. 200 -24 -2090
Page 83
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 modified work: The temporary restructuring
and /or modifications of work, duties or tasks.
PROCEDURES:
In any instance which the employee is to be considered for temporary
modified work, the work assignment(s) are to be within the
limitations prescribed by a City- approved physician or employee -
approved physician. The following procedures are set forth:
1. City- approved physician or employee- approved physician
shall be expected, within the conduct of acceptable
medical practice, to release employees, who would
otherwise be temporarily totally disabled, to 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
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 which the employee is assigned has
available duties which would permit the employee to
perform under the temporary modified work program.
4. If 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.
City of Moorpark Personnel Rules
Adopted: 17/421/02-4
000121-
Resolution No. 200-24-2090
Page 84
6. All temporary modified duty assignments shall be reviewed
and approved in writing by the City Manager or his /her
designee following each physician appointment and prior
to an employee returning to work, and thereaft at a
minimum shall be reviewed by the City Manager and
department heads every thirty (30) calendar 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. 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.
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 be 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) calendar days if there is
City of Moorpark Personne'_ Rules
Adopted: 47/421/02 -4
000122
Resolution No. 200-2-4-2000
Page 85
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 annual leave, vacation and
sick leave, and holidays and sick leap, as otherwise described in
these Rules, t-ewill 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 work
days of City payment of full salary, as referenced in Section 14.3,
the City will discontinue payment of bilingual pay, longevity pay,,
deferred compensation, and any uniform cleaning allowance ha 'z�
pay for an employee on Worker's Compensation leave, with the
exception of the use of accumulated City -paid leave. A probationary
employee shall be entitled to the same benefits as a regular
employee except he /she shall not continue to earn eligibility for
consideration towards completion of the probationary period and a
merit salary increase.
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 ef annual
leave, vacation leave, and /or compensatory time off to continue
his /her regular monthly salary. The use of any portion of
accumulated compensatory time, sick leave, annual 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 annual leave, vacation leave, 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.
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000123
Resolution No. 200 -24 -2000
Page 86
While on such an unpaid leave of absence, no annual leave, vacation
leave, 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 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 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 nor 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 and performance evaluation are
subject to review through the grievance procedure, with the
following exceptions: performance evaluation of a probationary
employee, and weighting of performance factors to be evaluated and
included in a performance evaluation report, 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. 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
C -ty of Moorpark Personnel Rules Adopted: 47/421/0-2-4
000124
Resolution No. 2004 -2000
Page 87
any, within the department organization. Otherwise, the employee
shall have the right to discuss the matter with the department head.
Section 15.3. Formal Grievance Procedure: If the employee is not
in agreement with the decision rendered in the informal grievance
procedure, an employee shall have the right to present a formal
grievance in writing to the department head within five (5) workl+ig
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) work!-n:g 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)
work4-f}g days after meeting with the employee. For grievance of a
performance evaluation, the ten (10) work4+ig 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)
work4-ag 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)
work4--1-,g days. within seven (7) work-iig 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) work4-ng 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
City of Moorpark Personnel Rules Adopted: 37/421/0 4
00012S
Resolution No. 200 -a4 -2000
Page 88
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 use up to a
maximum of two hours of work time in attending the
grievance 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.
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.
City of Moorpark Personnel Rules
Adopted: 47/421/0- -4
000126
Resolution No. 200-224-2000
Page 89
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) work days of such change —eT=
Department— by written notice to the Human Resources Division.
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 (eighty work hours),
including any City holidays but excluding other paid time off,
before leaving the service, unless such notice period or restriction
on use of paid time off is waived in writing by the City Manager at
his or her sole discretion. Resignation in good standing requires
the aforementioned minimum two -week notice period in order to allow
an orderly transition of duties and responsibilities and completion
of assignments. Failure to give notice as required by this rule
shall be cause for denying future employment by the City and will
disqualify the employee for reinstatement.
City of Moorpark Personnel Rules Adopted: 97/421/024
00012.