HomeMy WebLinkAboutRES CC 2011 3007 2011 0302RESOLUTION NO. 2011 -3007
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. 2009 -2882
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. 2009 -2882 previously established personnel system
rules and regulations for the City, that are now proposed to be updated and Resolution
No. 2009 -2882 rescinded.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 Resolution No. 2009 -2882 is hereby rescinded in its entirety.
Resolution No. 2011 -3007
Page 2
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.
PASSED AND ADOPTED this 2nd day of March, 2011.
ATTEST:
�'Yt
Maureen Benson, City Clerk
4aniS. Parvin,Wayor
Exhibit A: City of Moorpark Personnel System Rules and Regulations for Positions in
the Competitive Service
EXHIBIT A
Resolution No. 2011 -3007
City of Moorpark
Personnel System Rules and Regulations
for Positions in the Competitive Service
Resolution No. 2011 -3007
Page 4
INDEX
PERSONNEL RULES FOR
COMPETITIVE SERVICE EMPLOYEES
RULE 1 DEFINITION OF TERMS
RULE 2 GENERAL PROVISIONS
RULE 3 CLASSIFICATION
RULE 4 COMPENSATION
RULE 5 APPLICATIONS AND APPLICANTS
Pages
5 -11
11 -18
18 -20
20 -26
26 -28
RULE 6
EXAMINATIONS
28 -29
RULE 7
EMPLOYMENT LISTS AND APPOINTMENTS
29 -32
RULE 8
PROBATIONARY PERIOD
32 -34
RULE 9
EMPLOYEE PERFORMANCE EVALUATION
34
RULE 10
EMPLOYEE LAYOFF POLICY AND PROCEDURES
34 -36
RULE 11
TRANSFER, DEMOTION, SUSPENSION, AND REINSTATEMENT
36 -37
RULE 12
PRE - DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURES
37 -45
RULE 13
ATTENDANCE AND LEAVES
45 -65
RULE 14
WORKER'S COMPENSATION
66 -71
RULE 15
GRIEVANCE PROCEDURES
71 -75
RULE 16
EMPLOYEE REPORTS AND RECORDS
75 -76
City of Moorpark Personnel Rules Adopted: 3/02/2011
Resolution No. 2011 -3007
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RULE 1. DEFINITION OF TERMS
All words and terms used in this section and in an ordinance or resolution dealing with
personnel policies or procedures shall be defined as they are normally and generally
defined in the field of personnel administration, and shall have the meanings as defined
herein below:
Section 1.1. "Advancement ": A salary increase within the limits of a pay range
established for a class.
Section 1.2. "Allocation ": The assignment of a single position to its proper
class in accordance with the duties performed, the authority and responsibilities
exercised, and the educational, experience and other requirements; or the assignment
of a class to a salary range or rate.
Section 1.3. "Anniversary Date" or "Salary Anniversary Date ": The date on
which a probationary or regular employee completes his /her probationary period, on the
basis of at least satisfactory job performance. The initial date is one (1) year from the
date of hiring and coincides with the end of the original probationary period. If the
probationary period is extended pursuant to the applicable rules, then the "Anniversary
Date" is the date on which such extended probationary period ends.
Section 1.4. "Appointing Authority ": The City Manager and those employees
of the City to whom the authority to make appointments has been delegated by the City
Manager, unless otherwise designated by state law or municipal code.
Section 1.5. "Appointment': The employment of a person in a position.
Section 1.6. "Base Salary" or "Base Rate of Pay ": The salary range and step
established in a salary plan 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. "Bilingual Pay ": Compensation to be paid as an hourly amount to
those regular employees with the demonstrated ability to effectively speak and
understand Spanish, without any need to call upon another Spanish- speaking employee
to assist with translation as determined by testing, and consistent with the
compensation approved in a City Council salary plan resolution.
Section 1.8. "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 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 calendar.
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Section 1.10. "Candidate ": An applicant in the process of examination and
selection.
Section 1.11. "Certification ": Establishment of an Eligibility List by the
Personnel Officer and the submission of the eligible names to the appointing authority.
Section 1.12. "City ": Moorpark, California.
Section 1.13. "City Council" or Council ": Moorpark City Council.
Section 1.14. "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 1.15. "Classification Plan ": The designation by resolution of the City
Council of a title for each class, together with the specifications for each class.
Section 1.16. "Class Specifications ": A written description of a class, setting
forth the essential characteristics, knowledge, skills, abilities, and requirements of
positions in the class.
Section 1.17. "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. "Competitive Service ": All positions of employment in the service
of the city, except those specifically excluded by resolution of the City Council.
Section 1.19. "Continuous Service ": The employment, without break or
interruption, of an employee having a probationary or regular appointment. A break or
interruption in continuous service shall be construed as a severance of the employee
from his /her employment initiated by either the City or the employee for periods of more
than fifteen consecutive calendar days.
Section 1.20. "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 1.21. "Departmental Procedures ": Procedures that departments may
establish relating to their specific operational needs. These procedures must conform
to related laws and must not conflict with the City's Personnel Rules or any rules,
directives, or procedures that may be established by the City Manager.
Section 1.22. "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.
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Section 1.23. "Dismissal ": The involuntary separation of an employee from City
employment.
Section 1.24. "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 1.25. "Employee ": A person occupying a position in City employment.
Section 1.26. "Employment List ":
a. Open employment list: A list of names of persons who have taken an
open- competitive examination for a class, which is in the Competitive
Service, and have qualified.
b. Promotional examination: An examination for a particular class, which is
open to all employees meeting the qualifications for the class.
Section 1.27. "Examination ":
a. Open- competitive examination: An examination for a particular class,
which is open to all persons meeting the qualifications for the class.
b. Promotional examination: An examination for a particular class, which is
open only to employees meeting the qualifications for the class.
C. Continuous examination: An open competitive examination which is
administered periodically and as a result of which names are placed on an
employment list, in order of final scores, for a period of not more than one
year.
Section 1.28. "Full -Time Employee ": An employee regularly scheduled to work
and occupying a full -time position.
Section 1.29. "Full -Time Position ": A position in the Competitive Service of the
City, which requires at least forty (40) hours of work per week.
Section 1.30. "Interim Appointment ": The appointment of a person to an
interim position.
Section 1.31. "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.
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Section 1.32. "Layoff ": The separation of employees from the active work force
due to lack of work or funds, or to the abolition of positions by the City Council for the
reasons of economy and efficiency, or the above reasons, or due to organization
changes or reductions or elimination of City services.
Section 1.33. "Longevity Pay ": Compensation to be paid per pay period to a
regular full -time or part-time employee in recognition of cumulative months of service to
the City. Longevity pay shall be consistent with the compensation approved in a City
Council salary plan resolution.
Section 1.34. "Out -of -Class Assignment ": The temporary assignment of an
employee to a position which has been officially allocated by the City to a higher class
other than the one presently occupied by the employee. These provisions include those
classifications whose specific duties and responsibilities require supervision in absence
of an immediate supervisor.
Section 1.35. "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 1.36. "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 1.37. "Personnel Director" or Personnel Officer ": The Personnel
Director shall be the City Manager. The Personnel Officer shall be designated by the
City Manager.
Section 1.38. "Personnel Resolution and Personnel Rules ": City Council
Resolution No. 2004 -2219 as adopted on July 21, 2004, and such subsequent
resolution that may amend or supersede said Resolution No. 2004 -2219.
Section 1.39. "Personnel Ordinance ": Chapter 2.56 of the Moorpark Municipal
Code, which creates a personnel system for the City.
Section 1.40. "Position ": A group of duties and responsibilities assigned to one
employee and performed in either a full -time or part-time basis.
Section 1.41. "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.
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Section 1.42. "Probationary Employee ": An employee who has a probationary
appointment.
Section 1.43. "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 1.44. "Promotion ": The movement of an employee from one class to
another class having a higher maximum base salary.
Section 1.45. "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 1.46. "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 1.47. "Reduction ": A salary decrease within the limits of the salary
range established for a class.
Section 1.48. "Reemployment ": The appointment of an employee who was laid
off within the preceding twelve (12) months, to a position in the same classification as
his /her former position.
Section 1.49. "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 1.50. "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.
Section 1.51. "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.
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Section 1.52. "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 1.53. "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 1.54. "Relief of Duty ": The temporary assignment of an employee to a
status of leave with pay.
Section 1.55. "Resignation ": The voluntary separation of an employee from
City employment.
Section 1.56. "Salary Anniversary Date" or "Anniversary Date ": See Section
1.3. "Anniversary Date" or "Salary Anniversary Date ".
Section 1.57. "Salary Increase ": The increase of an employee's salary within
the salary range established for the class of position he /she occupies as a result of
satisfactory job performance in such position.
Section 1.58. "Salary Plan ": The assignment by the City Council resolution of
salary ranges and /or salary rates to each class.
Section 1.59. "Salary Range ": The range of salary rates for a class.
Section 1.60. "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 1.61. "Salary Step ": The minimum through maximum salary increments
of a salary range.
Section 1.62. "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 1.63. "Suspension ": The temporary separation from service of an
employee without pay for disciplinary purposes.
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Section 1.64. "Temporary Appointment ": An appointment to a temporary or
regular position for a period of one (1) year or less.
Section 1.65. "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 1.66. "Temporary Position ": A full -time or part-time position of limited
duration.
Section 1.67. "Termination ": The separation of an employee from the City
service because of retirement, resignation, death or dismissal.
Section 1.68. "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 1.69. "Transfer ": A change of an employee from one position to another
position in the same class or in a comparable class.
Section 1.70. "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 1.71. "Work Day ": Day on which work is done, for an agreed or
stipulated number of hours in return for a salary or wage, and based on the regular
payroll work schedule for each employee as approved by the department head. The
days of the week and hours may vary per employee.
Section 1.72. "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 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 to
any other assigned employee he /she designates as Personnel Officer.
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.
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The Competitive Service shall consist of all positions in the City service except the
following:
a. All elective officers;
b. All members of appointive boards, commissions and committees;
C. The City Manager and any Assistant or Deputy City Manager;
d. The City Attorney and any Assistant or Deputy City Attorney;
e. The City Clerk;
f. The City Treasurer and any Assistant or Deputy City Treasurer;
g. All department heads and assistant department heads;
h. All City Council appointed City officers;
Persons engaged under contract to provide expert, professional, technical
or any other service;
Volunteer personnel;
k. Temporary employees;
I. 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.
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Section 2.3. Amendment of Rules: Proposed amendments to these Rules
shall be submitted to the City Manager for review and recommendation prior to
submittal to the City Council. Advance notice for the purpose of meeting and conferring
shall be given to recognized employee organizations for any amendments which affect
wages, hours, and other items and conditions of employment. As provided in Section
3500 et seq. of the Government Code, in cases of emergency, when the City Council
determines that amendment(s) to these Rules must be adopted immediately without
prior notice or meeting with a recognized employee organization, the City shall provide
such notice and opportunity to meet at the earliest practicable time following the
adoption of the amendment(s). Amendments shall become effective upon adoption of
the City Council or at such other time as the adopting resolution may provide.
Section 2.4. Violation of Rules: Violation of these Rules may be grounds for
disciplinary action and subject to the applicable appeals procedure provided herein.
Section 2.5. Loyalty Oath: All employees subject to these Rules shall,
before they enter upon the duties of their employment, take and subscribe the oath
prescribed in the California Constitution.
Section 2.6. Equal Employment Opportunity: Federal and State laws prohibit
employment decisions based solely on race, ancestry, color, sex, marital status, sexual
orientation, physical or mental disability, political views, age, religion, creed, national
origin, pregnancy, medical condition, veteran, 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.
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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 Personnel Director shall consider, consistent
with the provisions of Government Code Section 1126 where applicable, whether the
employment involves:
a. The use for private gain or advantage of City time, facilities, equipment
and supplies, or
b. Receipt or acceptance by the employee of any money or other
consideration from anyone other than the City for the performance of an
act which the employee, if not performing such act, would be required or
expected to render in the regular course or hours of his /her employment
with the city or as a part of his /her duties as a City employee, or
C. The performance of an act in other than his /her capacity as a City
employee which act may later subject directly or indirectly to the control,
inspection, review, audit, or enforcement of any other officer or employee
of the City, or
d. Such time demand as would render performance of his /her duties as a
City employee less efficient.
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 Personnel Director:
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;
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f. The basis for approval by the Personnel Director is:
1. The employee may refuse to work extra hours if another employee
is available.
2. The employee is required to sign a waiver in regard to injuries
occurring in outside employment. This waiver shall specifically
waive any rights he /she would have against the City or any
retirement system which the City might adopt as to disability which
would be caused from, or arising out of, the outside employment for
which the request is made. The employee shall also waive any
rights to Worker's Compensation benefits because of injury or
sickness cause by, or arising out of, his /her outside employment.
3. An employee whose 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 Personnel Director shall notify the employee of a determination not to
allow the requested outside employment and the grounds therefore. The
decision of the Personnel Director shall be final.
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 and employees shall have no right of privacy
when using City equipment and facilities. 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
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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 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.
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C. Would have one of the
concerning confidential
confidential information.
relatives in a position with access to information
personnel matters, which may compromise such
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 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
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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, Discrimination, and Retaliation: The City is
committed to providing a work environment that is free of unlawful harassment,
discrimination, and retaliation. In keeping with this commitment, the City maintains a
strict policy prohibiting all forms of unlawful harassment, discrimination and retaliation.
Specific language prohibiting all forms of unlawful harassment, discrimination, and
retaliation shall be as set forth in a City Council resolution. Failure to follow the
complaint procedure included in the City Council's Resolution may affect an employee's
ability to pursue an unlawful harassment, discrimination and /or retaliation 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 for possible assignment. The City shall provide each employee with
the telephone number to call for instructions regarding reporting to work during an
emergency.
RULE 3. CLASSIFICATION
Section 3.1. Preparation of Classification Plan: The City Manager shall be
responsible for preparing and recommending a position classification plan for adoption
by the City Council. The Classification Plan shall consist of classes of positions in the
Competitive Service defined by class specifications including a title, a description of
typical duties and responsibilities of positions in each class, a statement of the training,
experience and qualifications to be required for appointment. Class specifications are
explanatory, but not restrictive. The listing of particular tasks shall not preclude the
assignment of other related kinds of tasks or jobs requiring lesser skills. The
Classification Plan shall be so prepared that all positions substantially similar with
respect to duties, responsibilities, and other like characteristics of work are included
within the same class and at the same salary range.
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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" is defined in Section 1.34.
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
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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 five percent (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. Not withstanding Section 3.6.f., 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
in an out of class assignment to a class having a higher maximum
compensation than his /her own class. An employee working in a
higher classification and who works in said higher classification for
five (5) consecutive 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 and any
special compensation approved in a Memorandum of Agreement for Competitive
Service employees. 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.
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Section 4.2. Salary Plan Structure: The salary ranges and steps for all
classifications shall be as established by a City Council adopted salary plan resolution.
Section 4.3. Appropriate Salary Step: Employees occupying a position in the
Competitive Service shall be paid a salary or wage within the range established for that
position's class under the adopted Salary Plan.
Section 4.4. Newly Hired Employees' Salary Step: Newly hired employees
shall be appointed at Step A of the salary range to which their class is assigned. When
economic conditions, minimum wage requirements, unusual employment conditions or
exceptional qualifications of a candidate for employment indicate that a higher initial
step would be in the City's best interest, upon recommendation of the appointing
authority, the City Manager may authorize hiring at a higher step in the salary range. In
the case of an employee hired at any step above Step A, said employee may be
advanced to the next higher step in his /her range upon completion of the probationary
period. The employee would then be eligible for the next step one (1) year from his /her
anniversary date, pursuant to Section 4.5.
Section 4.5. Salary Advancement - Full -time Employees: Full -time
Employees may be considered for an increase in salary according to the following rules:
a. Any salary increase or denial of salary increase shall require the specific
recommendation of the employee's 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. For a promoted employee with a six -month
probationary period, the effective date of the promotion is the anniversary
date for the purposes of determining merit raise eligibility and not the
completion of the probationary period.
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
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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
leave accrual and other benefits that are based upon length of service
shall not be affected. As addressed in Rule 13, an unpaid leave of
absence will result in a corresponding change 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. Salary on Promotion: All employees who are promoted to a
position in a class with a higher salary range shall be placed on the Step A in the new
higher range or placed at the step which is a minimum 5% salary increase for the
employee, not to exceed the highest step of the new range.
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. The promoted employee's anniversary
date for leave accrual and other benefits that are based upon length of service shall
continue to be date of hire 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
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class in which the employee had previously served, subject to an available budgeted
position. Upon such reinstatement, the employee shall not receive higher than the step
in the salary range the employee previously received prior to the employee's separation.
The employee shall be given a new anniversary date Upon reinstatement, the employee
shall receive annual leave in accordance with Section 13.5, and no credit for former
employment shall be granted in computing annual leave, or other benefits such as
longevity pay, except on the specific recommendation of the appointing authority at the
time of reinstatement, and upon the approval of the City Manager.
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.
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
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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 prior written 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, annual
leave, and observed holidays 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.
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 pre - scheduled
overtime, such as for attendance at an evening meeting, but such prescheduled
overtime shall be paid at no less than one hour at the overtime rate established in
Section 4.12.
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 shift.
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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
annual leave, compensatory time, and accumulated overtime. 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 those specific work days of suspension. Additionally,
an employee suspended without pay shall not accrue annual leave, seniority and other
benefits during a suspension of more than fifteen (15) work days. Employer -paid
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 consistent with the provisions of Section 3.16.
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 City 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.
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Section 4.19. Error in Determination of Correct Salary Rate or Any Other
Compensation: Should an employee be advanced to a higher step in the salary range
for his /her class than for which he /she was recommended, be placed at a higher salary
range, or receive any other incorrect amount of compensation, including but not limited
to bilingual pay, longevity pay, insurance cash -back payment, deferred compensation
payment, through error, such error shall be corrected immediately following its
discovery. Reimbursement to the City by the employee for said error shall be made by
one of the following methods or a combination thereof:
a. Application of 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 written approval of
the City Manager. In order for the reimbursement to the City to be deferred, the
employee shall be required to sign a reimbursement agreement, to permit the City to
deduct any unpaid reimbursement from the employee's last paycheck, should the
employee terminate before full reimbursement to the City has been made. If the
employee declines to sign a reimbursement agreement, the full amount of the
reimbursement will be deducted from the employee's next paycheck, or all subsequent
paychecks until full reimbursement has been achieved. If the employee refuses to sign
a reimbursement agreement and then terminates employment prior to reimbursement,
the City will initiate appropriate legal and /or disciplinary action.
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 annual 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.
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RULE 5. APPLICATIONS AND APPLICANTS
Section 5.1. Announcement: All examinations for classes in the Competitive
Service shall be publicized by such methods as the Personnel Director deems
appropriate. Special recruiting shall be conducted, if necessary, to insure that all
segments of the community are aware of the forthcoming examinations. The
announcements shall specify the title and pay of the class for which the examination is
announced; the nature of the work to be performed; preparation desirable for the
performance of the work of the class; the manner of making application; and other
pertinent information.
Section 5.2. Application Forms: Applications shall be made as prescribed on
the examination announcement and on forms provided by the City. Application forms
shall require information covering training, experience, and other pertinent information,
and may include certificates of one or more examining physicians, references and
fingerprinting. All applications must be signed by the person applying.
Section 5.3. Resection 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.
The presence or absence of rehabilitation or efforts at rehabilitation.
g. Contributing social or environmental conditions.
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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 be
administered periodically for a single class as the needs of the service required. Names
shall be placed on employment lists, and shall remain on such lists, as prescribed in
these Rules.
Section 6.4. Conduct of Examination: The City may contract with any
competent agency or individual for the preparing and /or administering of examinations.
In the absence of such a contract, the Personnel Director shall see that such duties are
performed. The Personnel Director shall arrange for the use of public buildings and
equipment for the conduct of examinations.
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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 days after the notifications of examination results. Any
error in computation, if called to the attention of the Personnel Director within this
period, shall be corrected. Such corrections shall not, however, require invalidation of
appointments previously made.
RULE 7. EMPLOYMENT LISTS AND APPOINTMENTS
Section 7.1. Employment List: An employment list shall be established
following a competitive examination listing the names of those applicants who have
achieved a final score meeting or exceeding a passing score established for the
position. The names on the employment list shall be arranged in order of final scores
from the highest to the lowest score. Such applicants shall be deemed as qualified for
appointment, pending further review by the appointing authority and other qualifying
procedures such as reference checks, medical examinations or background
investigations. After completion of all qualifying procedures, except the medical
examination, a veteran shall be given preference over an identically qualified applicant.
If five or less names of applicants, willing and able to accept appointment, are available
on a list, that list may be declared invalid by the City Manager and a new recruitment
and examination announced.
Names of those not chosen from an eligibility list that is less than one year old may be
merged in relative order with names on a newly established list for the same
classification, but such names shall not remain on the new list for more than 18 months
from the date of their original examination.
Section 7.2. Duration of Lists: Lists other than promotion lists shall remain in
effect until exhausted or abolished by the Personnel Director, but not extending longer
than twelve (12) months.
Section 7.3. Reemployment Lists: The names of regular full -time employees
who have been laid off under the provisions of these Rules shall be placed on an
appropriate reemployment list. Such names shall remain thereon for a period of one
year, as provided for in Section 10.8. When a reemployment list is to be used to fill
vacancies, the City Manager shall certify, from the top of such lists, the number of
names equal to the number of vacancies to be filled and the City Manager shall appoint
such persons to fill 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.
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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.
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 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.
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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 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
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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,
formal grievance or hearing. No provisional appointment shall exceed six (6) months.
A provisional appointee shall accrue the same benefits as probationary employees. If a
provisional appointee is selected for a full -time position with the City, the time served as
a provisional appointee shall not be counted as time toward the fulfillment of the
required probationary period.
No special credit shall be allowed in meeting any qualifications or in the giving of any
test or the establishment of any open- competitive promotional lists, for service rendered
under a provisional appointment.
Section 7.14. Interim and Temporary Appointment: When a position 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, formal grievance 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, and 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.
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If a statement of satisfactory performance is not filed, the employee will be deemed to
be unsatisfactory and his /her employment terminated prior to 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.
Regular employees who are transferred, but retain the same classification, are not
subject to a new probationary period as a result of such action.
Section 8.2. Probation on Promotion, Reinstatement or Reclassification:
On accepting a promotion, reinstatement or an appointment to a different classification
(reclassification), a regular employee serves a new probationary period of six (6)
months. The employee affected by a promotion, reinstatement or reclassification shall
not achieve regular status in the new position 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. Resection of Probationer: During the probationary period, an
employee may be rejected at any time by the appointing authority without cause and
without the right of appeal or grievance. Notification of rejection by the appointing
authority shall be served on the probationer by the Personnel Director or his /her
designee.
Section 8.6. Resection 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
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was promoted. If there is no vacancy in such position, the employee may request to be
placed on a re- employment list.
Section 8.7. Probation Following Layoff: Employees laid off while on
probation must serve a new probationary period following re- employment, pursuant to
Section 8.1.
Section 8.8. Regular Part-Time Employee Probationary Period: A regular
part-time employee shall serve a probationary period of eighteen hundred (1,800) hours
actually worked (excludes any annual leave, holiday, military leave of absence,
compensatory time, bereavement leave, jury duty, disability leave, and unpaid 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 ten (10) calendar days of
receiving the written evaluation.
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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 judgment 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 as
described below.
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 days of receipt of notice of layoff.
Employees retreating to a lower or similar class shall be placed at the salary step
representing the least loss of pay. In no case shall the salary be increased above that
received in the class from which the employee was laid off.
Employees retreating to a lower or similar class shall serve a probationary period in the
new class unless they have previously successfully completed a probationary period in
the class or a class in the class series.
Section 10.6. Employment Status: In each class, employees shall be laid off
according to employment status in the following order: temporary, provisional,
probationary and regular. Temporary, provisional and probationary employees shall be
laid off according to the needs of the service as determined by the appointing authority.
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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 the position from which they were 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
deliver a decision on the appeal within five (5) work 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.
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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, if that employee 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 (30) calendar days in any fiscal year. Department heads may
suspend a subordinate employee for not more than twenty -seven (27) work hours at
any one time, and not more than once in a thirty (30) calendar day period. Intended
suspension action shall be reported immediately to the City Manager, and shall be
taken in accordance with the applicable provisions of these Rules.
Section 11.4. Dismissal: An employee in the Competitive Service may be
dismissed at any time by the appointing power. Whenever it is the intention of the
appointing authority to dismiss an employee in the Competitive Service, the Personnel
Director shall be notified. Dismissal action shall be taken in accordance with the
applicable provisions of these Rules.
Section 11.5. Reinstatement: With the approval of the City Manager, a regular
employee or probationary employee with a good employment record, who 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, annual 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.
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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
12.9 or for any other just cause:
Verbal Admonishment Reduction in Salary
Written Reprimand Demotion
Restitution Dismissal
Suspension
Section 12.5. Verbal Admonishment: When necessary, verbal admonishments
shall be given in a private meeting between the supervisor and the employee. The
employee may request the attendance of a representative of their choice, in which case
the Personnel Director or his /her designee 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. Within ten (10) calendar
days after an employee receives a written report of a verbal admonishment, the
employee may respond in writing to the admonishment and have such response placed
in the employee's personnel file, which response shall have the same retention period
as the supervisor's written report. The employee shall have no further right of response,
appeal, or grievance.
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 Personnel Director or his /her
designee prior to being given to the employee. The written reprimand shall be
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discussed with and provided 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 the Personnel Director or his /her designee. 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, appeal, or grievance.
Section 12.7. Suspension without Pay: When in the opinion of the department
head, circumstances warrant, a suspension of up to a maximum of twenty -seven (27)
work hours or less may be imposed. Prior to the imposition of such discipline, the
department head or his /her designee 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. The employee
may request the attendance of a representative of their choice at the discipline meeting,
in which case the Personnel Director or his /her designee shall also attend. A written
record of the discipline, including a full, accurate, and factual statement of the reason
therefore, shall be reviewed by the Personnel Director or his /her designee prior to being
given to the employee. A copy of the written record of suspension shall be sent to the
City Manager and a copy shall be placed in the employee's personnel file. Within ten
(10) calendar days after the date of the discipline meeting, 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, appeal, or grievance.
Section 12.8. Pre - Disciplinary Procedures: A regular employee being
considered for suspension without pay in excess of twenty -seven (27) work hours,
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 prepared by the supervisor and /or department head, reviewed by the Human
Resources /Risk Management Division, and then given to the employee in a private
meeting between the supervisor, department head, Personnel Director or his /her
designee, and the employee, that may also include a representative of the employee's
choice. If the employee is on paid or unpaid leave at the time the written notice is
issued, the written notice shall be mailed, and shall be considered served three (3)
business days after deposit in the United States mail, postage prepaid, certified or
registered, and addressed to the last known address maintained in an employee's
personnel file. 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.
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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
supervisor and /or department head 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 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. If the employee is on paid or unpaid leave at the time the notice of
decision is issued, the written notice shall be mailed, and shall be considered served
three (3) business days after deposit in the United States mail, postage prepaid,
certified or registered, and addressed to the last known address maintained in an
employee's personnel file. 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 twenty -seven (27)
work hours, restitution, reduction in salary, demotion or dismissal. Additionally, the time
limit for an appeal and the specific discipline to be imposed, or the decision not to
impose discipline, shall be detailed in the answer. The effective date of discipline shall
be included in the answer. Any time extensions shall be mutually agreed upon.
A decision not to impose discipline shall be accompanied by a directive from the
department head to delete all references to the pending action from the employee's
personnel file. Failure by the department to make further investigations or to provide
written answer shall not affect the ability of the City to impose disciplinary action.
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Section 12.8.4. Appeal of Disciplinary Actions: Any employee may appeal a
proposed suspension without pay in excess of twenty -seven (27) work hours, 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. 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. If the employee is on paid or unpaid leave at the time the notice of hearing is
issued, the written notice shall be mailed, and shall be considered served three (3)
business days after deposit in the United States mail, postage prepaid, certified or
registered, and addressed to the last known address maintained in an employee's
personnel file. 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 shall commence
the appeal hearing. The decision to hire a hearing officer shall be made by the City
Manager at his /her sole discretion. If the City Manager does determine to hire a hearing
officer, the selection shall be made by mutual agreement of the City Manager and
employee or their designated representative. 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.
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The City Manager or hearing officer shall give all parties a reasonable opportunity to be
heard on relevant issues. The City's representative shall first present an opening
statement and oral and /or documentary evidence in support of the City's position. The
appealing employee may cross - examine any witness called by the City. The appealing
employee may make an opening statement on his /her behalf, and present oral and /or
documentary evidence in support of his /her appeal. The City's representative may
cross - examine any witness called by the appealing employee. Both the City and the
affected appealing employee may then make a closing statement, followed by closing
statement by the City.
The hearing need not be conducted according to technical rules relating to evidence
and witnesses. However, the City Manager or hearing officer may observe the
substance of such rules to the end that the matter before him /her can be fairly
determined on reliable evidence.
Section 12.8.7. City Manager's or Hearing Officer's Finding and Decisions:
The City Manager or hearing officer shall, within fifteen (15) calendar days after the
conclusion of the hearing, cause findings and decisions to be prepared in writing and
shall certify them. The City Manager or hearing officer shall determine whether the
proposed action of the department's representative is supported by a preponderance of
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, 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 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. If the employee is on paid or unpaid leave at
the time the notice of findings and decisions is issued, the written notice shall be mailed,
and shall be considered served three (3) business days after deposit in the United
States mail, postage prepaid, certified or registered, and addressed to the last known
address maintained in an employee's personnel file.
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.
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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 and jointly selected by the City
Council or its designee and the employee or his /her designated representative. 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) calendar days. The
same requirements for findings and decisions as specified in Section 12.8.7 shall apply.
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 annual 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.
Failure, refusal or delay in carrying out orders, work assignments, or
instructions of superiors in a prompt competent and reasonable manner;
insubordination; inattention to or dereliction of duty, including wasting time
or working below expected level of output, inefficiency.
g. Acceptance of gifts or gratuities from parties doing business with the City.
h. Unauthorized sleeping while on duty.
Disorderly conduct: fighting, threatening, attempting to inflict bodily injury
on another; engaging in dangerous horseplay.
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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.
k. Loss or destruction of City property or the property of others through
carelessness.
I. 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. Theft or 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.
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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 or any harassment, retaliation, or discrimination action
related to protections listed in Section 2.6.
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 City Manager or departmental procedures, 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 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.
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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
in a twelve (12) month period. The City Manager may adopt an administrative
procedure to delegate to a department head the approval of a specified amount of leave
without pay, in a pay period and /or in a twelve (12) month period, for an employee with
no accumulated leave. If an employee is eligible for Pregnancy Disability Leave
(pursuant to Section 13.10), 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, and no holiday pay upon the effective date of the approval of the
leave. Employer -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
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.
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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 unpaid leave shall not count towards service for increases within the salary range or
benefit accruals, except as described herein. An unpaid leave of absence of less than
one (1) work week, or less than forty (40) hours, shall not require an adjustment of the
employee's anniversary date for merit raise; however, consecutive unpaid leave that
exceeds forty (40) hours, or cumulative unpaid leave in a calendar year that exceeds
forty (40) hours, shall require an adjustment of an employee's anniversary date, which
may include rounding of hours to equal a workday. The employee shall retain seniority -
related benefit qualification upon return from an approved leave of absence, except as
adjusted for the period of unpaid leave. Annual leave and longevity pay eligibility shall
not accrue to an employee during the period of unpaid leave of absence.
Section 13.4. Military Leave: 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 Leave: All competitive service employees will accrue
annual leave. The annual leave accrual rates shall be as follows, unless the accrual
rates are revised through an approved Memorandum of Understanding between the
City and an Exclusively Recognized Employee Organization as defined in City
Resolution No. 87 -380 (or successor resolution):
0 to 60 Months — 6.7692 hours per pay period (equivalent to 22 eight -hour days per
year);
61 to 72 Months — 7.0769 hours per pay period (equivalent to 23 eight -hour days per
year);
73 to 84 Months — 7.3846 hours per pay period (equivalent to 24 eight -hour days per
year);
85 to 96 Months — 7.6923 hours per pay period (equivalent to 25 eight -hour days per
year);
97 to 108 Months — 8.0000 hours per pay period (equivalent to 26 eight -hour days per
year);
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109 to 120 Months — 8.3077 hours per pay period (equivalent to 27 eight -hour days per
year);
121 to 132 Months — 8.6154 hours per pay period (equivalent to 28 eight -hour days per
year);
133 to 144 Months — 8.9231 hours per pay period (equivalent to 29 eight -hour days per
year); and
145 and above Months — 9.2308 hours per pay period (equivalent to 30 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 (2,080) hours equivalent to one (1) year of service and
including probationary time. Annual leave may be taken as it accrues in increments of
one - quarter hour, except that 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 pre - authorized by the department head with the concurrence of the City Manager.
For full -time employees, the maximum accumulated annual leave balance will be three
hundred and sixty (360) hours. When a full -time employee's accumulated annual leave
balance reaches the maximum of 360 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 again falls below the maximum.
For regular part-time employees, the maximum accumulated annual leave balance will
be two hundred and seventy (270) hours. When a regular part-time employee's
accumulated annual leave balance reaches the maximum of 270 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 again falls below the
maximum.
It is the employee'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)
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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 minimum
notice specified in this paragraph, if such absence is a result of a medical or other
emergency, such as an unexpected illness or injury for an employee or family member
or an unanticipated child care problem. For any unscheduled annual leave that
exceeds six (6) work days cumulative annual leave in any fiscal year, or three (3)
consecutive work days or more, a department head may require a physician's written
certificate, when in the judgment of the department head the employee's reasons for
being absent, because of alleged sickness or emergency, are inadequate. Unscheduled
annual leave that exceeds six (6) cumulative work days in any fiscal year may result in
disciplinary action if a cause for disciplinary action is determined consistent with Section
12.9.
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. When annual leave is used without pre - approval for the purposes of a medical
emergency, the employee shall be expected to remain at home during the hours for
which annual 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, and for the purpose of providing transportation for their
dependents (such as transportation to and from school or childcare). 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, and
who have exhausted their paid leave. Such donation by an employee may not exceed
forty (40) hours per employee receiving the donation and per calendar year.
Annual leave shall not be used for the purpose of organized disruption, such as in the
case of a labor dispute.
Section 13.6. This Section intentionally left blank.
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Section 13.7. 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.
Section 13.8. 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.
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Section 13.9. Bereavement Leave: Any regular full -time or part-time employee
may be allowed to be absent from duty for up to five (5) consecutive work days (not to
exceed forty work 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 five consecutive work days, the appointing authority may
allow the use of accumulated annual leave or compensatory time to supplement the five
(5) work 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 the death of a divorced
spouse or for the death of a parent of a divorced spouse. In addition, 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. The City Manager, in his /her sole discretion, may also approve non-
consecutive work days for bereavement leave within the same pay period or two
consecutive pay periods.
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, consistent with the rules established in this section.
Section 13.10. Pregnancv 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 (4) 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.
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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 annual
leave and earned compensatory time at the beginning of any otherwise unpaid
Pregnancy Disability Leave. The receipt of annual leave pay, compensatory time pay, or
disability insurance benefits will not extend the length of the Pregnancy Disability Leave.
An employee may use paid accumulated annual 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. 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, compensation time, seniority
ranking and other similar credits accumulated, but not used, prior to the commencement
of the Pregnancy Disability Leave without pay.
An employee on unpaid Pregnancy Disability Leave remains an employee and the leave
will not constitute a break in service. An employee who returns from Pregnancy
Disability leave will receive the same step in the salary range she received when such
leave began. The period of Pregnancy Disability Leave without pay shall not count
towards service for increases within the salary range or benefit accruals. The
anniversary of an employee on Pregnancy Disability Leave without pay will be set
forward in time one -half month for each fifteen (15) consecutive calendar days of such
leave.
An employee requesting Pregnancy Disability Leave must provide medical certification
from her health care provider on a form supplied by the City. Failure to provide the
required certification in a timely manner within 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) work 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
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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.
If an employee takes additional leave for reason of the birth of her child at the expiration
of her Pregnancy Disability Leave, her right to reinstatement is governed by the City's
Family and Medical Leave policy or a determination of reasonable accommodation, not
by this Pregnancy Disability Leave policy.
Section 13.11. 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.
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The Family and Medical Leave can include any time taken (with or without pay) up to
twelve (12) work weeks in any twelve- (12) month period, for any of the following
reasons:
1. To care for the employee's newborn child or a child placed with the
employee for adoption or foster care. Leaves for this purpose must
conclude twelve (12) months after the birth, adoption, or placement. If
both parents are employed by the City, they will be entitled to a combined
total of twelve (12) weeks of leave for this purpose.
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 duly licensed as a physician, surgeon, osteopathic
physician in California or in another state or jurisdiction who directly
treats or supervises the treatment of the serious health condition.
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C. Any other person determined by the United
Labor to be capable of providing health
applicable law.
States Secretary of
care services under
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) work 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.
An employee may use accumulated annual leave, including use of such leave in
combination with disability insurance payments, while on Family and Medical Leave.
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Any employee on Family and Medical Leave because of his or her own serious health
condition must use all accumulated paid annual leave and compensatory time off at the
beginning of any otherwise unpaid Family and Medical Leave period.
An employee on Family and Medical Leave to care for a spouse, parent, or child with a
serious health condition must use all accumulated annual leave and compensatory time
off at the beginning of any otherwise unpaid Family and Medical Leave period.
An employee on Family and Medical Leave for childcare must use all accumulated paid
annual leave and compensatory time off 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 or disability insurance benefits does not extend the
length of the Family and Medical Leave beyond the twelve (12) workweeks in any
twelve (12) month period as specified in this Section.
An employee using accumulated leave while on Family and Medical Leave shall
continue to fully accrue annual leave benefits, and such Family and Medical Leave shall
count as time worked for purposes of establishing seniority for layoff, recall, promotion,
job assignment and seniority related benefits such as annual leave accrual rate and
longevity pay.
An employee on Family and Medical Leave without pay shall receive no compensation
and shall not accrue annual leave benefits. 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 annual leave accrual rate and
longevity pay. 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.
D. Health Benefits Coverage and Premium Payments
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.)
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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 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)
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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
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
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notify the City in writing of the anticipated dates for the Family and Medical leave as
much in advance as possible.
H. Protection of Employment and Benefits
Upon timely return at the expiration of the Family and Medical Leave period, an
employee is entitled to the same or a comparable position with the same or similar
duties and virtually identical pay, benefits, and other terms and conditions of
employment unless the same position and any comparable positions have ceased to
exist because of legitimate business reasons unrelated to the employee's Family and
Medical Leave.
An employee on unpaid Family and Medical Leave remains an employee and the leave
will not constitute a break in service. An employee who returns from Family and
Medical Leave will receive the same step in the salary range he or she received when
such leave began. The period of Family and Medical Leave without pay shall not count
towards service increases within the salary range or benefit accruals. The anniversary
of an employee on Family and Medical Leave without pay will be set forward in time
one -half month for each fifteen (15) consecutive calendar days of such leave.
Failure on the part of an employee on leave to report promptly at its expiration, or within
twenty -four (24) hours after notice to return to work, shall be cause for dismissal. 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 twelve (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 fifty (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.
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An employee is required to use all accumulated annual leave and compensatory time
off at the beginning of any otherwise unpaid CFRA Leave. An employee using
accumulated leave while on CFRA Leave shall continue to fully accrue annual 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 accrual rate and longevity pay.
While an employee is on CFRA Leave, and using accumulated paid leave, the City's
contributions on behalf of the employee to the City's medical, dental, optical, and short
and long -term disability insurance plans will be continued, including any City paid
dependent coverage. Life insurance benefits for employee and dependent coverage
will also be continued.
While an employee is on unpaid CFRA Leave, the City will provide health benefits
consistent with the requirements of the 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. 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 annual leave accrual rate and longevity pay.
Section 13.13. Reasonable Accommodation: A leave of absence may be
considered as a reasonable accommodation for a qualified individual with a disability,
pursuant to the provisions of Section 13.3 of these Rules.
RULE 14. WORKER'S COMPENSATION
Section 14.1. Injuries on the Job: All employees of the City of Moorpark shall
be governed by the laws of the State of California relating to Worker's Compensation 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: their department head, Human Resources
Analyst /Assistant, City Manager appointed Personnel Officer, City Clerk, City Manager
or Acting City Manager, or Assistant City Manager. All accidents or injuries, no matter
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how minor or small, must be reported by the injured employee or their supervisor on the
prescribed form 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 that City offices are open.
The supervisor must provide the injured employee with a worker's compensation claim
form within one working day after learning about the injury. At the time of injury or upon
notice of injury, the supervisor must immediately notify the department head and file a
written accident report with the Personnel Director no later than the next succeeding
work day 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. Within one
working day after an employee files a claim form, the City and /or the City's worker's
compensation carrier shall authorize the provision of treatment up to $10,000,
consistent with the provisions of the California Labor Code. Such authorization does
not signify acceptance of the claim.
Section 14.2. Choice of Physicians: The provisions of the California Labor
Code shall apply for the choice of physicians for a Workers Compensation injury. Every
new employee on their first day of work will be provided the "Written Notice to New
Employees" concerning the rights, benefits and obligations under worker's
compensation law. The "Notice to Employees— Injuries Caused By Work" shall also be
posted at each work site location, which includes notice for "Naming Your Own
Physician Before Injury" and "See Your Primary Treating Physician." Consistent with
these provisions, employees shall have the opportunity to pre- designate their primary
care physician as their treating physician for purposes of worker's compensation
treatment. Should an employee fail to pre- designate, a physician of the City's choosing
shall initially treat the employee. When pre- designating a physician, the employee
should include the following information: (1) name of personal physician; (2) physician's
address; and (3) physician's telephone and facsimile numbers. The employee should
date and sign the document, and return it to the City's Human Resources /Risk
Management Division.
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.
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) work days (including the work day of injury). After
three (3) work days, the employee may use accumulated annual leave or compensatory
time off 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 accumulated leave is exhausted or until the employee is no longer
temporarily disabled, whichever occurs first. The use of any portion of accumulated
annual leave or compensatory time in combination with Worker's Compensation
temporary disability benefits must be requested in writing by the employee prior to its
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use. Absence from work shall run concurrent with Family and Medical Leave and CFRA
Leave, if applicable (see Sections 13.11 and 13.12).
It is strictly prohibited to combine annual leave and Worker's Compensation benefits in
any manner which would exceed the employee's regular monthly base salary. An
employee on approved paid 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. Employees on unpaid leaves of absence do
not receive holiday pay. 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 may use their accumulated leave during periods of job -
related disability on a pro -rata basis.
Any employee bringing an action against a third parry 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 annual
leave and /or 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:
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.
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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:
City- approved physician or employee- approved physician shall be
expected, within the conduct of acceptable medical practice, to release
employees 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.
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 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.
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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 Emuloyment: Subject to medical consultations,
a final determination shall be made by the City Manager as to whether or not the
employee shall:
Return to 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 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 and holidays as otherwise described in
these Rules, will 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 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.
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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 authorize the provision of all
treatment, consistent with the applicable Labor Code requirements for the alleged injury
and shall continue to provide treatment until the date that liability for the claim is
accepted or rejected. In such contested industrial injury claims, the employee shall be
entitled to use accumulated annual 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 annual leave is exhausted before the
employee becomes permanent and stationary, the employee may elect to use any
accumulated compensatory time off to continue his /her regular monthly salary. The use
of any portion of accumulated annual leave or compensatory time off 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 and compensatory time off, or the
employee has elected not to use any portion of said accumulated leave, the employee
shall be placed on an unpaid leave of absence by the City as outlined by Section 13.3 of
the City's Personnel Rules, pending a determination regarding compensability of the
claim under applicable provisions of California Worker's Compensation law.
While on such an unpaid leave of absence, no annual 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 the employer -
paid contribution to health and medical plans, the City will offer the employee at his /her
cost 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.
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RULE 15. GRIEVANCE PROCEDURE
Section 15.1. Matters Subject to Grievance Procedures: An employee may
file a grievance when there is a dispute regarding the interpretation, meaning, or
application of a Memorandum of Understanding, certain sections of the Personnel Rules
or certain aspects of a performance evaluation. The following are not subject to review
through the grievance procedure:
a. disciplinary actions, including, but not limited to: verbal admonishments,
written reprimands, restitution, transfer, demotion, reduction in salary,
suspension, dismissal (see e.g., Rules 11 and 12);
b. an alleged infringement of an employee's personal rights, such as
discrimination, harassment, retaliation, or the alleged capricious use of
supervisory or management authority (see e.g., Sections 2.6 and 2.19);
C. alleged violation of commonly accepted safety practices and procedures;
d. determination of contents of job classifications (see e.g. Rule 3);
e. procedures and standards of selection for employment and promotion
(see e.g., Section 6.2, Rule 7, Section 8.2, and Section 8.3);
budgetary items;
g. standards of service;
h. the mission of departments;
all other matters of general legislative and managerial policy;
performance evaluation of a probationary employee (see e.g., Rule 9);
k. weighting of performance factors to be evaluated and included in a
performance evaluation report (see e.g., Rule 9); and
outside employment (see e.g., Rule 2).
Section 15.2. Informal Grievance Procedure: Within five (5) work days from
the date of the incident giving rise to the grievance or from the date the employee
should have been aware of the incident giving rise to the grievance, the employee must
commence the grievance process by informally discussing the matter with his /her
immediate supervisor. Every effort shall be made to resolve a grievance through this
informal 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
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immediate supervisor's supervisor, if any, within the department organization.
Otherwise, the employee shall have the right to discuss the matter with the department
head. The informal grievance procedure shall not apply to a written performance
evaluation signed by the department head. The supervisor or department head, as
applicable, shall be responsible for documenting the informal discussion in writing.
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) work days after the employee and the immediate supervisor have held
their informal discussion. The department head shall review the grievance and meet
with the employee within ten (10) work 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) work days after meeting with the employee. For grievance of a performance
evaluation signed by a department head, the grievance shall be filed directly with the
City Manager within ten (10) work days of the later of the date the department head
signs the performance evaluation or the date of the performance evaluation meeting.
Section 15.4. Formal Grievance to the City Manager: If the employee does not
agree with the decision reached by the department head, the employee may present in
writing a formal grievance to the City Manager within five (5) work days after the
employee's receipt of the department head's decision. For grievance of a performance
evaluation signed by a department head, the time period for filing the grievance with the
City Manager is ten (10) work days of the later of the date the department head signs
the performance evaluation or the date of the performance evaluation meeting. The
formal grievance to the City Manager shall be signed and delivered to the City Manager,
who shall set a hearing with the employee and /or the employee's representative within
ten (10) work days. Within seven (7) work days after the hearing, 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.
The City Manager may appoint a hearing officer mutually selected by the City Manager
and the employee or his /her designated representative to consider the grievance. In
such event, the hearing officer shall set the hearing within thirty (30) work days. Within
fourteen (14) work days, the hearing officer shall render a formal decision in writing.
The hearing officer shall deliver a copy of the decision to the employee or employee's
representative, the department head, and City Manager. The decision of the hearing
officer shall be final.
Section 15.5. Requirement to Appoint Hearing Officer: If the grievance
concerns a decision of the City Manager, the formal grievance shall be heard by a
hearing officer mutually selected by the City Council or its designee and the employee
or his /her designated representative. At the first meeting of the City Council held after
the written grievance is received in accordance with Section 15.4, the City Manager
shall inform the City Council of the receipt of the formal grievance. The hearing shall be
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conducted in accordance with Sections 15.4, 15.6, and 15.7 except that the hearing
shall be held within thirty (30) work days after the City Council is informed of the receipt
of formal grievance. Within fourteen (14) work days, the hearing officer shall render a
formal decision in writing. The hearing officer shall deliver a copy of the decision to the
employee or employee's representative, the department head, City Manager, and City
Council. The decision of the hearing officer shall be final.
Section 15.6. Formal Grievance Hearing Procedures: When a grievance is
heard under Section 15.4 or 15.5, the following rules shall apply to the conduct of the
hearing:
a. All hearings shall be open to the public, provided, however, that the City
Manager /hearing officer shall, at the request of the employee or the
Personnel Director or Personnel Officer, exclude the public from all or any
portion of the hearings.
b. All interested parties shall have the following rights:
(1) To call and examine witnesses;
(2) To introduce exhibits;
(3) To cross - examine opposing witnesses on any matter relevant to the
issue, even if the matter is not covered in the direct examination;
(4) To impeach any witness regardless of which party called him /her to
testify;
(5) To rebut the evidence against them; and
(6) To present oral and written arguments.
C. The employee shall have the burden of proof.
d. The hearing need not be conducted in accordance with the technical rules
relating to evidence and witnesses, but shall be conducted in a manner
most conducive to the determination of the truth. Any relevant evidence
may be admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rules which might make
improper admission of such evidence over objection in a court of law.
Decisions made by the City Manager /hearing officer shall not be
invalidated by any informality in the proceedings.
e. The City Manager /hearing officer shall not take testimony from one (1)
parry outside of the presence of the other.
f. Hearsay evidence may be used for the purpose of explaining any direct
evidence but shall not be sufficient to support a finding, unless it would be
admissible over objections in civil actions.
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g. The rules of privilege shall be effective to the same extent that they are
now or hereafter may be recognized in civil actions.
h. The City Manager /hearing officer shall determine the relevancy, weight,
and credibility or testimony and evidence.
i. Irrelevant evidence and unduly repetitious evidence shall be excluded.
If a hearing officer is appointed, he /she shall not have the authority or
power to render a binding decision that requires the City to expend
additional funds, to hire additional personnel, to buy additional equipment
or supplies, or to pay wages or benefits not specifically provided for in
applicable memorandums of understanding or to take any action that
would violate state or federal laws.
k. The cost of the hearing and the hearing officer's fees shall be borne
equally by the parties.
Section 15.7. Conduct of Grievance Procedure:
1. The time limit specified above may be extended to a definite date by
mutual written agreement of the employee and the appellate person or
body.
2. The employee may request the assistance of another person of his /her
own choosing in preparing and presenting his /her appeal at any level of
review. 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 or hearing officer. Such time may be extended with the written
approval of 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 Personnel Director 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
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pertinent by the Personnel Director. 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.
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 by written notice to the Human Resources /Risk Management
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)
before termination of employment, including any City holidays prior to the last day of
work but excluding other paid time off and City holidays after the last day of work,
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.
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STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2011 -3007 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd
day of March, 2011, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
WITNESS my hand and the official seal of said City this 24th day of March, 2011.
Maureen Benson, City Clerk
(seal)
City of Moorpark Personnel Rules Adopted: 3/02/2011