HomeMy WebLinkAboutAGENDA REPORT 2009 1216 CC REG ITEM 10N ITEM 10.N.
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AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Administrative Services Director'a55T
DATE: December 10, 2009 (CC Meeting of 12/16/09)
SUBJECT: Consider Resolution Amending Personnel Rules and Regulations for
the Positions in the Competitive Service and Rescinding Resolution No.
2005-2353
BACKGROUND
The attached draft revised Personnel Rules show revisions through the use of legislative
format. The City of Moorpark last amended its Personnel Rules in 2005. The current
proposed update to the Personnel Rules primarily consists of language changes to provide
consistency with current City policy, the Memorandum of Understanding (MOU)with SEIU
Local 721 for competitive service employees effective July 1,2009,through June 30, 2010,
as well as other minor edits. The additional edits do not affect the terms or conditions of
employment for competitive service employees and are made for clarification purposes or
for consistency with legal requirements.
DISCUSSION
Revisions have been incorporated into the Personnel Rules (Exhibit A to attached draft
resolution) as shown through the use of legislative format (legislative format will be
removed from the final City Council resolution). The index page numbers (page 7 of the
resolution) will be corrected after removal of the legislative format. The more substantive
revisions are summarized below:
Pages 20-21, Section 2.19. Harassment, Discrimination, and Retaliation: This
section was revised, including the title, to be consistent with the City's adopted policy on
this subject and for consistency with legal requirements.
Pages 35-36, Sections 8.1. and 8.2. Regular Appointment Following Probationary
Period (Section 8.1.) and Probation on Promotion, Reinstatement or Reclassification
(Section 8.2.): These sections were revised to correct an inconsistency between the two
sections on reclassification and language was added to provide further clarification.
Pages 36-37, Section 8.8. Regular Part-Time Employee Probationary Period: This section
was revised, including the title, to refer to only regular part-time employees (since
temporary part-time employees are not covered under the Personnel Rules), and also to
correct leave references. For example, references to sick leave and vacation leave were
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Honorable City Council
December 16, 2009, Regular Meeting
Page 2
deleted, since regular part-time employees now receive annual leave in lieu of sick leave
and vacation leave.
Page 42, Section 12.7. Suspension without Pay: This section was revised consistent
with approved language in the current MOA.
Page 47, Section 12.9.0 Causes for Disciplinary Actions: The word,theft,was added for
clarification purposes.
Page 48, Section 13.3. Leave of Absence: This section was revised to clarify that an
unpaid leave of absence for a period not to exceed a total of ninety(90)calendar days is in
a twelve (12) month period. In addition, a sentence was added to recognize that the City
Manager has the authority to 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.
Pages 49-50, Section 13.3. Leave of Absence: The compensation and benefits
language in this section was revised consistent with approved language in the current
MOA.
Pages 50-51, Section 13.5. Annual Leave: Language was added on page 50 to
clarify that the annual leave accrual rates may be 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).
The current MOU with Local 721 temporarily increased the annual leave accrual rates due
to no cost of living raise. In addition, the maximum accumulated annual leave balance
language was revised on page 51, consistent with approved language in the current MOA.
Page 53, Section 13.6.1. Vacation Leave: Language was added to clarify that the
vacation leave accrual rate may be 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). The current MOU with
Local 721 temporarily increased the vacation leave accrual rate due to no cost of living
raise. In addition, outdated accrual rates have been deleted in this section, since vacation
leave is a grandfathered benefit for only one competitive service employee that currently
receives the maximum vacation leave accrual rate. All other current and new competitive
service employees receive annual leave.
Page 56, Section 13.6.2.B Sick Leave, General Provisions: The words, "and probationary"
were deleted, since all new employees receive annual leave in lieu of vacation leave and
sick leave.
Page 13.9. Bereavement Leave: This section was revised consistent with approved
language in the current MOA.
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Honorable City Council
December 16, 2009, Regular Meeting
Page 3
Page 75, Section 15.1.b Matters Subject to Grievance Procedures: The word,
"retaliation" was added consistent with City Council policy on harassment, discrimination
and retaliation.
STAFF RECOMMENDATION
Adopt Resolution No. 2009-
Attachment: Draft Resolution including Exhibit A (Revised Personnel Rules)
315
RESOLUTION NO. 2009-
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. 2005-2353
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. 2005-2353 previously established personnel system
rules and regulations for the City, that are now proposed to be updated and Resolution No.
2005-2353 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. 2005-2353 is hereby rescinded in its entirety.
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Resolution No. 2009-
Page 5
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 16th day of December, 2009.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: City of Moorpark Personnel System Rules and Regulations for Positions in
the Competitive Service
City of Moorpark Personnel Rules Adopted: 12/ /09
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FResolution No. 2009-
Page 6
EXHIBIT A
Resolution No. 2009-
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City of Moorpark
Personnel System Rules and Regulations
for Positions in the Competitive Service
City of Moorpark Personnel Rules Adopted: 12/_/09
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Resolution No. 2009-
Page 7
INDEX
-BF-PERSONNEL RULES FOR
COMPETITIVE SERVICE EMPLOYEES
Pages
RULE 1 DEFINITION OF TERMS 6-44
RULE 2 GENERAL PROVISIONS 4 -18
RULE 3 CLASSIFICATION 1820
RULE 4 COMPENSATION 2026
RULE 5 APPLICATIONS AND APPLICANTS 2 -27
RULE 6 EXAMINATIONS 27-26
RULE 7 EMPLOYMENT LISTS AND APPOINTMENTS 2932
RULE 8 PROBATIONARY PERIOD 22-34
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 374
RULE 13 ATTENDANCE AND LEAVES 44-65
RULE 14 WORKER'S COMPENSATION 6570
RULE 15 GRIEVANCE PROCEDURES 71 74
RULE 16 EMPLOYEE REPORTS AND RECORDS 74-7
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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 supercede 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.
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
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(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;
i. Persons engaged under contract to provide expert, professional,technical or
any other service;
j. 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.
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
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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.
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
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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;
f. The basis for approval by the Personnel Director is:
1. The employee may refuse to work extra hours if another employee is
available.
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2. The employee is required to sign a waiver in regard to injuries
occurring in outside employment. This waiver shall specifically waive
any rights he/she would have against the City or any retirement
system which the City might adopt as to disability which would be
caused from, or arising out of, the outside employment for which the
request is made. The employee shall also waive any rights to
Worker's Compensation benefits or sick leave because of injury or
sickness cause by, or arising out of, his/her outside employment.
3. An employee whose sick leave record indicates the lack of strength to
sustain both City employment and outside employment will not be
allowed to continue outside employment.
g. The 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 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.
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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.
C. Would have one of the relatives in a position with access to information
concerning confidential personnel matters, which may compromise such
confidential information.
For the purposes of this Section, a "relative" shall be defined to include the
following: mother, father, grandfather, grandmother, aunt, uncle, cousin,
sister, bother, son, daughter, son-in-law, daughter-in-law, nephew, niece,
grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse
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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 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
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policy prohibiting all forms of unlawful di6GFiFFliRat harassment, discrimination and
retaliation. Specific language prohibiting all forms of unlawful d+ssriraiflatGFY 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.
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.
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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 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
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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.
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
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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 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.
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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 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.
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When economic conditions, unusual employment conditions or exceptional qualifications of
a returning employee indicate that reinstatement to a higher salary step would be in the
City's best interests, upon recommendation of the appointing authority, the City Manager
may authorize hiring at a higher step in the salary range.
Section 4.9. Salary on Transfer: Any employee who is transferred from one
position to another position in the same class, or to another position in a class having the
same salary range, shall be compensated at the same step in the salary range as the
employee previously received. The employee's anniversary date shall not change.
Section 4.10. Salary on Position Reclassification: When a position is reclassified
to a lower classification, the employee shall retain his/her rate of pay and his/her
anniversary date or shall be placed in the step of the lower salary range closest to the
employee's salary rate. If the last step of the salary range of the lower job class is lower
that the employee's salary rate, the current salary step shall be identified as Step"Y"of the
lower salary range. An employee receiving a Step "Y" because of a downward
reclassification, shall remain in the Step "Y" until such time as his/her job is assigned to a
salary range in which one or more of the steps is equivalent to or higher than the Step"Y",
at which time the employee shall be placed in a step closest to but not lower than Step"Y".
Such employee shall not receive annual salary adjustments until such time as Step "Y" is
equivalent or less than the next step of the salary range of the employee's reclassified
position. When a position is reclassified to an equivalent classification,the employee shall
retain his/her salary rate and anniversary date. When a position is reclassified to a higher
classification the employee shall be placed on Step A in the new higher range or placed at
the step which is a minimum five percent (5%) salary increase for the employee, not to
exceed the highest step of the new range. The employee's anniversary date shall not
change.
Section 4.11. Special Salary Adjustments: A department head may recommend in
writing to raise an employee's salary step prior to the eligibility times specified in Rule 4.5
and Rule 4.7, so as to recognize meritorious service, advanced educational achievements
or other extraordinary attributes related to the employee's public service. Such increased
compensation is subject to the approval of the City Manager and the City Council, and the
availability of budgeted funds. The employee's anniversary date shall not change.
Section 4.12. Overtime and Compensatory Time: When in the best interest of the
City, the City Manager or a department head or his/her designee may require an employee
to be employed beyond the employee's regular hours of employment. Overtime that can
be anticipated or scheduled shall require the prior approval of the department head based
on budget limits. No more than ten (10) hours of overtime may be worked in any one work
week without 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 Y2) times the overtime worked unless otherwise
specified in these Rules or a Memorandum of Agreement. Calculation of overtime pay
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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, vacation
leave and observed holidays, but not sick leave or other time off, shall be credited as time
worked during the workweek. An employee will not be permitted to accumulate more than
forty(40) hours of compensatory time. Twice a year, during the last pay period in June and
the last pay period in December, the City shall pay an employee for all accumulated
compensatory time and reduce the compensatory time balance to zero. Upon termination,
employees shall be compensated for accumulated compensatory time off.
Certain classifications in the Competitive Service shall be exempt from the provisions of
overtime and Sections 4.12, 4.12.1, and 4.12.2. Such exempt classifications shall have the
exemption stated on both the Salary Plan and the class specification in the job description
in the City's Classification Plan. Standby duty, which does not constitute time worked, shall
be compensated in a manner prescribed in writing by the City Manager.
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.
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, vacation leave, and accumulated overtime. If the employee is reemployed within one
year, and upon the completion of one (1) year of additional continuous service, the
employee will receive annual leave hours equal to a sixty percent (60%) conversion of
unused accumulated sick leave at the time of layoff. 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.
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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, sick leave, vacation, 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.
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;
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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, sick leave, vacation leave,
holiday, military leave of absence, compensatory time, bereavement leave, jury duty, or
disability leave.)
Section 4.21. Compensation - Temporary Employees: Temporary employees
shall be paid an hourly rate established by the City Manager as appropriate for the work to
be performed and within the budgeted amounts in temporary employee salaries.
RULES. 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.
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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.
f. The presence or absence of rehabilitation or efforts at rehabilitation.
g. Contributing social or environmental conditions.
Section 5.5. Request for Reconsideration by Applicant: An applicant whose
application is rejected or who is otherwise disqualified for employment with the City may
request reconsideration of such determination. Such request shall be in writing and filed
with the City Manager within ten (10)calendar days of the date of the notice of the rejection
or disqualification. The City Manager shall complete the reconsideration within ninety(90)
calendar days after the request is filed. The determination of the City Manager shall be
final.
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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.
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
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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.
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
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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.
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.
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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 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.
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No special credit shall be allowed in meeting any qualifications or in the giving of any test
or the establishment of any open-competitive promotional lists, for service rendered under
a provisional appointment.
Section 7.14. Interim and Temporary Appointment: When a position in the
Competitive Service becomes vacant, the City Manager may appoint an existing employee
or a new employee as the interim or temporary replacement in the affected position. Such
employee appointed to an interim or temporary position may be removed at any time
without rights to appeal, 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—. Tthe employee shall be advanced to regular status
as of the first calendar day of the pay period in which the anniversary date occurs. Upon
the satisfactory completion of the probationary period, the employee shall be assigned an
Anniversary Date.
If a statement of satisfactory performance is not filed, the employee will be deemed to be
unsatisfactory and his/her employment terminated at rip or 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
twenty four (24) hours pFieF to the di6mis6al exGept in the Gase of an emer-gep.Gy.
Regular €employees who are transferred, but retain the same classification, OF whose
PG-A;ons are are not subject to a new probationary period as a result of
thesesuch actions.
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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 Rpromotions, reinstatements or reclassification Wi4shall not
beachieve 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. Reiection 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 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 Employees Probationary Period: RaFt time
employees, eXGept th -UiaF paFt time pasition, as defined iR these Rules, aFe ne
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A Rregular part-time employees shall serve a probationary
period of eighteen hundred (1,800) hours actually worked (excludes any annual leave,sick
leave, vaGation , holiday, military leave of absence, compensatory time, bereavement
leave, jury duty, er-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.
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.
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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.
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.
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In the event of a layoff or demotion pursuant to Rule 10, the City shall consider a regular
employee on an unpaid leave of absence pursuant to Section 13.3 of these Rules in the
same manner as other regular employees when implementing the applicable provisions of
Rule 10.
Section 10.7. Re-employment List: The names of persons laid off or demoted in
accordance with these rules shall be entered upon a re-employment list. Lists from
different departments or at different times for the same class of position shall be combined
into a single list. Such list shall be used by every appointing authority when a vacancy
arises in the same or lower class of position before certification is made from any other list.
Section 10.8. Duration of Re-employment List: Names of persons laid off shall be
carried on a re-employment list for one year, except that persons appointed to regular
positions of the same level as that which laid off, shall, upon such appointment, be dropped
from the list. Persons who refuse re-employment shall be dropped from the list. Persons
re-employed in the lower class, or on a temporary basis, shall be continued on the list for
the higher position for the aforementioned one year period.
Section 10.9. Layoff Appeal: A regular employee shall have the right to request an
appeal hearing. Such request must be made in writing to the City Manager within five (5)
work days after receipt of a layoff notice. The City Manager shall prepare and 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.
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.
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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, vacation leave, sick leave or other benefits, except on the specific
recommendation of the appointing authority at the time of reinstatement, and upon the
approval of the City Manager. The employee shall be assigned a new Salary Anniversary
Date one (1) year after reinstatement.
RULE 12. PRE-DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURES
Section 12.1. Standards of Conduct: All employees are expected to adhere to
standards of reasonable and prudent conduct. Each department may set standards
required by departmental operations. Employees who violate standards should expect
management and supervisors to take appropriate disciplinary actions.
Section 12.2. Applicability of Discipline: Disciplinary action may be taken against
any person employed by the City. Non-regular employees shall have no right to the notice
and hearing requirements set forth within or to any other notice and hearing provision
whatsoever.
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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 a
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 Human ReseuFGes Division Personnel Director of
his/her designee prior to being given to the employee. The written reprimand shall be
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 a Human ReseuFGes Division FepFesentativethe 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.
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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 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 of 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, Human ReseUFGes Division
FepFeseRt +;.,°Personnel Director or his/her designee, and the employee, that may also
include a representative of the employee's choice. This written notice shall include the
proposed disciplinary action, the charges on which the proposed action is based, and the
reasons or grounds on which the charges are based. Copies of the materials on which the
proposed disciplinary action is based shall also be provided to the employee.
The notice shall inform the employee of his/her or her right to respond orally or in writing to
the notice of proposed discipline, of the right to respond in person or through a designated
representative, of the time period during which a response may be made, and the name of
the person to whom the response may be made. The notice shall state that failure to
respond in the time specified shall constitute a waiver of the right to respond prior to final
discipline being imposed. The notice shall be signed by the 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
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a meeting to present a response, the meeting shall not be conducted as an adversarial
hearing. The employee may not cross-examine the department's witnesses nor present a
formal case to support the response. The employee shall be given the opportunity to make
any representations,which the employee believes might affect the decision for disciplinary
action. Any time extensions shall be mutually agreed upon. The department has the right
to conduct further investigations.
Section 12.8.3. Department Head Answer: The department head shall provide a
written answer to an employee's response at the earliest practicable date, not to exceed
ten (10)calendar days following the response of the employee. The department head shall
deliver the notice of decision to the employee at or before the time when the action will be
effective. The answer shall be dated and signed by the department head. The answer
shall inform the employee which of the reasons and grounds in the notice of proposed
disciplinary action have been sustained. The answer shall include a statement of the
employee's right to appeal, as provided herein, if and only if such disciplinary action results
in suspension without pay in excess of 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.
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. 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
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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.
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
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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.
Section 12.8.9. Employee Status during Pre-Disciplinary Period: Except as
otherwise provided, an employee against whom disciplinary action is proposed is entitled to
be retained in an active status during the pre-disciplinary period. When circumstances are
such that retention of the employee in active status may result in damage to City property
or may be detrimental to the interests of the City or injurious to the employee, fellow
employees or the public, the department head may temporarily assign the employee to
duties in which these conditions do not exist or place the employee on paid suspension
with the approval of the City Manager.
Section 12.8.10. Requirement to Appoint Hearing Officer: If the person who initiates
the discipline under this Section is the City Manager, the appeal shall be heard by a
hearing officer appointed by the City Council 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.
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d. Unsatisfactory work performance.
e. Misuse or abuse of sick leave privileges; i.e., failure to present adequate
documentation of illness when required by the City Manager or respective
department head, repeated absences before or after work days off, use for
unauthorized purposes, and excessive unscheduled use of annual leave or
vacation leave.
f. Failure, refusal or delay in 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.
i. Disorderly conduct: fighting, threatening, attempting to inflict bodily injury on
another; engaging in dangerous horseplay.
j. Being on duty under the influence of any intoxicant or controlled substance
or reporting for duty while intoxicated or under the influence of a controlled
substance.
k. Loss or destruction of City property or the property of others through
carelessness.
1. Engaging in political activities while on duty or on the premises of City Hall.
M. Unexcused absence from duty.
n. Reckless driving on City premises or reckless operation of City vehicle.
o. Gambling or promotion of gambling on City premises or while on duty.
P. Endangering the safety of or causing injury to any employee, including
himself/herself.
q. Unauthorized disclosure of confidential information as defined by law or by
written directive of the City or respective department.
r. Disrespectful conduct, use of insulting, abusive, or vulgar language to, or
about other employees or the public.
S. Discourteous treatment and/or failure to maintain satisfactory or harmonious
working relations with the public or City employees.
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t. Unauthorized use of City vehicles, equipment or supplies.
U. Theft or Ocareless, 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.
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.
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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.
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 0 2) 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
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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.
,
employee's ne annual leave, vaGatien leave, and no siGk leave upon the e#ertive date of the appFeval
of the leave. EmpleyeF paid ORSUraRGe benefits will be GeRtiRued thFE)Ugh the balanGe 0
the pFeFnium peFied, not to eXGeed GRe (1) month. For an unpaid leave of absenGe, Gity
GOntFibutions to FetiremeRt, health and FnediGal plans shall be suspended until the
employee returns to woFk (does not apply to an employee on approved Family Medi
Leave, PUFSuant to Sertion 13.11, andiai;Gal*feFn;a F-amily Rights AGt Leave, PUFSUant4e
SeGtien 13.12). An employee who 06 OR unpaid leave of absenGe Fnay Gheese tO Gentinue
at the same tome that the ffemiums would have been paid by the Gity and the
employee, had the employee been On a paid 6tatus. The Gity shall not be FequiFed to Fnake
SUGh paymeRtS on the empleyee's behalf if the employee fails to tamely make the full
amount of the payments to the Gity. AR employee FeWFRORg tO WGFk afteF a leave Gf
ab6eRGe shall FeGeive the same step On the salary Fange the empl ' . ad when the
set foFwaFd *R time eRe half (1,42) Fnenth feF eaGh fifteen (15) GGRseGutiYeGaleRdaFdays
taken as unpaid leave. The employee rhall retain seniGFity Felated benefit qualifiGati
unpaid leave of abseRGe.
,
Any employee on an approved, unpaid leave of absence shall receive no compensation,
no annual leave, no vacation leave, no holiday pay, and no sick leave 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.
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)
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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, vacation leave, sick 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 new competitive service employees will accrue
annual leave and are not eligible for separate vacation and sick leave accruals. 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—6.1538 hours per pay period (equivalent to 20 eight-hour days per year);
61 to 72 Months—6.4615 hours per pay period (equivalent to 21 eight-hour days per year);
73 to 84 Months—6.7692 hours per pay period (equivalent to 22 eight-hour days per year);
85 to 96 Months—7.0769 hours per pay period (equivalent to 23 eight-hour days per year);
97 to 108 Months — 7.3846 hours per pay period (equivalent to 24 eight-hour days per
year);
109 to 120 Months — 7.6923 hours per pay period (equivalent to 25 eight-hour days per
year);
121 to 132 Months — 8.0000 hours per pay period (equivalent to 26 eight-hour days per
year);
133 to 144 Months — 8.3076 hours per pay period (equivalent to 27 eight-hour days per
year); and
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145 and above Months-8.6153 hours per pay period (equivalent to 28 eight-hour days per
year, the maximum accrual rate).
Annual leave time accrues from the date of hire consistent with the above schedule, and
shall be accrued monthly on a pro-rata basis. Regular part-time employees shall accrue
similar annual leave benefits at a ratio determined by the actual number of hours worked
with two thousand eighty(2,080) 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.
annual leave balaRGe will be four hundred twenty(420) hGUF6 thFGUgh june 30, 2006, and
will then beGOFne thFee hundFed feFty (340) hGUFS maximum aGGUFnU!ated aF;nUal leaVe
e#eGt*ve july 1, 2006. AfteF july 1, 2006,wheR a full time empleyee's aGGUFnulated an
leave balaRGe FeaGhes the maximum of 340 hours, aGGFual of annual leave shall Gease.
The employee shall not aGGFue fuFtheF annual leave until SUGh tome as the
aGGUMulated annual leave balaRGe again falls below th - . - 7
FGF Fegu!aF paFt time employees, the maximum aGGUFnulated annual leave balaRGe will be
#an6itiened to a pFeFated amount based an budgeted annual hours. A FegulaF paFt tim-e
employee well have a maximum aGGUmulated aRnual leave balaRGe of fauF huF;dred twen
(420) hGUFS fFOM the fiFst pay peried in july 2004 thFOUgh june 30, 2005; will have a
aGGUFRUIated annual leave balaRGe of thFee hundFed fifteen (315) heUFS fFOM
july 1, 2006, thFough juRe 30, 2006, and well have a m i - - - 17umulated annual leave
.
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.
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The dates for using annual leave may be selected by an employee, but shall be approved
by the department head, who shall consider the wishes of the employee and the service
needs of the City. Generally, use of annual leave shall require a minimum of one (1) pay
period advance approval for use of annual leave, with the exception that two work days
may be taken as annual leave in any fiscal year (July 1 through June 30) with only two
work days advance approval. Employees would be allowed to use the equivalent of up to
six work days of annual leave each fiscal year without the 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.
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Annual leave shall not be used for the purpose of organized disruption, such as in the case
of a labor dispute.
Section 13.6. Vacation and Sick Leave:
Only those employees that were determined eligible in July 2004 to maintain their current
system of separate vacation and sick leave accruals, are subject to the following vacation
and sick leave accrual provisions.
Section 13.6.1. Vacation Leave:
For those regular full-time employees with over 145 months of service that are eligible to
accrue vacation leave, the vacation leave with pay-accrual rate shall be assrUed as follows.,
unless the accrual rate is 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):
a. The fiFSt FFIGRth of employment thFOUgh the W month of sewiGe, the
YaGatien leave shall be 4.307-7- hGUFG pel;pay peFied (equivalent to 14 eight
hour days peF yeary
b. Go with the begiRRiRg of the 61st month of seFV*Ge (a
61 to 72 Months 4.6153 hours peF pay peFied (equivalent to 15 eight houF
days fle ),
days peF
85 to 96 Months 5.22-0-7 hours peF pay peFeed (equivalent to 17 eight hGUF
days pia
97telOgMenthr, 5.5384 hGUFS per pay peFied (equivalentte 18 eight hour
days per-year)i
109 to 120 Menths 5.8461 heum peF pay peFied (equivalent to 19 eight
121 to 132 Menths 6.1538 hGUF6 peF pay peFied (equivalent to 20 eight
133 to 144 MeRths R-4 R_1-5 hGUF6 peF pay peried (equivalent to 21 eight
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145 and above Months-6.7692 hours per pay period (equivalent to 22 eight-
hour days per year, the maximum accrual rate).
For eligible employees, vacation time accrues from the date of hire consistent with the
above schedule, and shall be accrued per pay period on a pro-rata basis, with the
exception of any unpaid leave of absence time.
The dates for using vacation leave may be selected by an employee, but shall be approved
by the department head, who shall consider the wishes of the employee and the service
needs of the City. Generally, use of vacation leave shall require a minimum of one (1) pay
period advance approval for use of vacation leave, with the exception that two work days
may be taken as vacation leave in any fiscal year (July 1 through June 30) with only two
work days advance approval.
In the event that one or more municipal holidays fall within a vacation leave, such holiday
equivalent to eight hours shall not be charged as vacation leave. Employees who terminate
shall be paid for accumulated vacation leave based upon their then current rate of pay.
The estate of a deceased employee shall be paid the amount of that person's accumulated
vacation leave.
A full-time employee may not accumulate more than two hundred ninety-six(296)hours of
vacation at any time. When an employee's accumulated vacation balance reaches the
maximum of two hundred ninety-six (296) hours, accrual of vacation shall cease. The
employee shall not accrue further vacation until such time as the employee's accumulated
vacation leave balance again falls below the maximum.
It is the employee's responsibility to monitor his/her vacation leave balance and ensure that
accrual will not cease, due to reaching the maximum accumulated vacation leave balance.
The loss of vacation leave accrual shall not occur, if the use of vacation leave has been
delayed by the City due to unusual or emergency conditions as authorized by the City
Manager. Under such conditions, the City Manager may, as authorized by the City
Council, pay the employee for all or part of the vacation leave that would have been
accumulated in excess of the maximum, based upon the employee's then current rate of
pay.
Any vacation leave accumulated as a result of the conversion of sick leave or other leave
to vacation leave as authorized by an agreement between the City and an Exclusively
Recognized Employee Organization as defined in City Resolution No. 87-380 (or such
successor resolution) or as may be otherwise authorized by the City Council, shall not be in
addition to the maximum two hundred ninety-six(296)total hours of accumulated vacation
leave for eligible full-time employees. Thus, no such conversion shall be permitted which
would cause an employee's accumulated vacation balance to exceed the maximum. Such
additional accrual shall not exceed forty(40) hours in any year. It is the responsibility of the
employee to monitor his/her vacation balance and ensure that it does not exceed the
maximum. The loss of vacation accrual shall not occur if the use of vacation leave has
been delayed by the City due to unusual or emergency conditions as authorized by the City
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Manager. Under such conditions, the City Manager may, as authorized by the City Council,
pay the employee the cash equivalent for all or part of the vacation that would have been
accumulated in excess of the maximum.
The City may establish a vacation leave donation program, through adoption of either a
City Manager approved administrative procedure or City Council approved policy,whereby
all regular City employees may voluntarily participate in and benefit from a leave bank for
regular employees incapacitated due to a serious illness or injury who have exhausted their
paid leave. Such donation by an employee may not exceed forty(40) hours per employee
receiving the donation and per calendar year.
Vacation leave shall not be used for the purpose of organized disruption, such as in the
case of a labor dispute.
Section 13.6.2. Sick Leave: For those employees eligible to accrue vacation leave
and sick leave in accordance with the requirements stated in Section 13.6., the following
definitions and provisions, including accrual rate, shall be applicable.
A. Allowable Uses and Definition of "Immediate Family" For Purposes of Sick
Leave Use
Sick leave shall not be considered as a privilege, which an employee may use at his/her
discretion, nor shall it be permitted to be used for organizational disruption during a labor
dispute, but rather it shall be allowed only for the following reasons:
1. Illness and physical incapacity of the employee due to non-work related
illness, injury or temporary disability.
2. Enforced quarantine of the employee in accordance with community health
regulations.
3. Job-related injury or illness pursuant to the provisions of Rule 14.0.
4. Appointments for health care for the employee or immediate family as
defined in items 5a.), 5b.), 5c.) and 5d.), to follow, provided that a note from
the health care provider is provided to the City if requested and the
supervisor is informed of the intention to use sick leave for a medical
appointment as soon as the appointment is scheduled and in no event less
than three (3)work days prior to the scheduled appointment date unless said
appointment is a result of an emergency situation.
5. Care of immediate family if a person is a member of the household or a
dependent as follows:
a) "Spouse" (Spouse means a legal spouse as defined by State law.)
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b) "Child" (Child means a biological, foster or adopted child, a stepchild,
a legal ward, or a child of a person standing in loco parentis, to age
25, or currently enrolled under the City's health insurance program,
whichever is longer.)
c) "Parent" (Parent means a biological, foster or adoptive parent, a
stepparent, or a legal guardian.)
d) Other individual whose relationship to the employee is that of a
dependent living in the same household as determined by the City
Manager at his/her sole discretion. An employee must request a
predetermination of such status and such information will be
considered confidential to the extent permitted by law. The employee
may make one request for such determination once per calendar
year, but not within six months of the last request. The City Manager
shall make his/her determination within thirty(30)calendar days after
receiving the request in writing.
6. Care of non-dependent child or parent not living in same household and care
of domestic partner or domestic partner's child as follows:
An employee may use in any calendar year the employee's accrued and
available sick leave entitlement in an amount that would be accrued during
six months at the employee's then current rate of entitlement to attend to an
illness of a child, parent, spouse, domestic partner or child of a domestic
partner of the employee. Under this section "domestic partner" means a
legal domestic partner, as defined by State law (California Family Code
Section 297), including the filing of a Declaration of Domestic Partnership
with the Secretary of State.
B. General Provisions
Each eligible full-time regular and-prebatieflaFy mployee shall accrue sick leave at the rate
of 3.0769 hours per pay period (equivalent to ten (10) eight (8)-hour days per year).
Accumulated sick leave has no monetary value, except as authorized by a Memorandum of
Agreement between the City and an Exclusively Recognized Employee Organization as
defined in City Resolution No. 87-380 (or such successor resolution) or as may be
otherwise authorized by the City Council.
In order to receive compensation while absent on sick leave, the employee shall notify
his/her immediate supervisor or the department head of his/her illness and location. Such
notice shall at a minimum require: 1) That the supervisor and/or department head are
provided a telephone message prior to or within one-half hour after the time set for the
employee's work shift to begin; and 2) That the employee speak to their supervisor or
department head, or if not available speak to the person designated by the department
head to receive such verbal notice, prior to or within two hours after the time set for the
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employee's work shift to begin. The employee shall remain at home during the hours for
which sick leave is to be charged, with the exception of the time an employee needs to
leave their residence for the purposes of a medical appointment, medical treatment, and/or
related activities. Employees using sick leave would also be permitted to leave their
residence for the purpose of providing transportation for their dependents (such as
transportation to and from school or childcare).
The department head may at his/her discretion require an employee to submit a
physician's written certificate, when the employee has been absent on sick leave for more
than three (3) consecutive regular work shifts. When in the judgment of the City Manager
the employee's reasons for being absent because of alleged sickness are inadequate, a
finding shall be made that the employee has abused sick leave privileges and the absence
shall be counted as absence without leave.
An employee who becomes ill while on vacation, may have such period of illness charged
to the employee's accumulated sick leave instead of vacation. The employee must
immediately upon returning to work submit a written request to the department head for
sick leave and a written statement from a physician stating the nature and cause and dates
of the illness. Such request must be approved by the department head and the City
Manager.
An employee shall have the equivalent number of hours deducted from his/her
accumulated sick leave time for each regularly scheduled work day that the employee is on
paid sick leave. In the event that an employee becomes ill during working hours and is
placed on paid sick leave prior to the close of the work day, such paid sick leave shall be
calculated to the nearest one-quarter hour.
An employee using sick leave during the workweek, who is subsequently required to work
extra hours, shall have the option of being paid at the straight time rate or reduce their
charge against their accumulated sick leave.
Observed holidays occurring during sick leave shall not be charged against an employee's
accumulated sick leave. An employee who is absent from work the work day preceding or
succeeding an observed holiday without prior written authorization from the City Manager
shall not be allowed the use of accumulated sick leave for such absence. The City
Manager may waive this provision if written documentation is provided, such as a
physician's certification of illness or injury. The intent of this Rule is that it is the
responsibility of the employee to seek the waiver.
An employee may be required to take physical examinations at periodic intervals while on
sick leave from a physician designated and paid for by the City.
In the event that an employee uses all the sick leave he/she has accumulated, he/she shall
then have vacation leave he/she has accumulated deducted for each work day he/she is
absent due to illness. Vacation days shall continue to be deducted until the employee
either returns to work or all of accumulated vacation leave is used. The employee may
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apply to receive a leave of absence without pay, if the employee does not have any
accumulated vacation or sick leave.
C. Sick Leave Approval
1. Any employee requesting to use his/her sick leave privilege, who has a
balance of less than forty (40) hours of such leave at the beginning of the
pay period in which the leave is requested or when his/her supervisor
provides written notice to the employee that he/she reasonably believes that
an abuse of sick leave privilege is occurring, may be required by his/her
supervisor to provide a certificate from a physician that the absence from
work due to illness or injury was medically justified. Non-compliance with the
request for a medical certificate could result in a denial of the use of the sick
leave privilege for that period of absence and may result in disciplinary
action.
2. Once the medical certificate is required of an employee, the employer may
require the employee to provide a certificate with each absence until the
employee's accumulated sick leave balance has reached forty-eight (48)
hours. This requirement shall be discontinued at such time the employee
has sick leave balance of at least forty-eight (48) hours. This does not
supersede the City's ability to require a medical certificate consistent with
other applicable provisions of the Personnel Rules; and
3. An employee using more than his/her annual accrual of sick leave in less
than 26 pay periods may be notified that a physician's certificate is to be
provided to the supervisor with each absence due to illness or injury until
his/her sick leave balance reaches forty (40) hours. This provision will not
normally be invoked if the circumstances, which cause the employee's sick
leave use, included extended illness or recovery from surgery.
4. Use of sick leave following notice of resignation shall in all cases require the
employee to provide a medical certificate to verify need for the absence from
work.
D. Conversion of Sick Leave
So long as an employee has at least 280 accumulated sick leave hours as of December 31
of any year, the employee may choose to convert up to forty(40) hours of the accumulated
sick leave to vacation leave. The employee must submit his/her written declaration to
convert up to forty (40) hours of accumulated sick leave to accumulated vacation to the
City Manager between January 1 and January 31 following the qualifying annual
conversion period ending December 31 of the prior year. Once the sick leave is converted
to vacation, it shall be subject to the provisions of Section 13.6.1 of these Rules.
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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 workday.
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, vacation leave, administrative leave, compensatory time,
or up to two (2) work days of accumulated sick leave 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, Tthe 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. Pregnancy Disability Leave: To be eligible for Pregnancy Disability
Leave, a female employee must be disabled by pregnancy, childbirth, or related medical
conditions. Adoptions do not qualify for Pregnancy Disability Leave. Pregnancy Disability
Leave is only available during the actual period of disability due to pregnancy or related
condition up to a maximum of four (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 sick leave, and
may use accumulated paid annual leave, vacation leave, accumulated administrative
leave, and earned compensatory time.The receipt of annual leave pay, vacation leave pay,
administrative leave pay, compensatory time pay, sick leave pay, or disability insurance
benefits will not extend the length of the Pregnancy Disability Leave. An employee may
use paid accumulated annual, sick, vacation, and/or administrative leave to supplement
payments received as disability insurance benefits, but the combination of paid leave and
disability pay may not exceed the employee's regular salary.
An employee on Pregnancy Disability Leave without pay shall receive no compensation
and shall not accrue annual leave, vacation leave, or sick leave. While an employee is on
unpaid Pregnancy Disability Leave, the City's contributions to all benefit plans (e.g.,
retirement, medical, optical, dental, life insurance, disability etc.) will be suspended until
the employee returns to work, unless such contributions are required by the Federal Family
and Medical Leave Act. An employee who is on unpaid Pregnancy Disability Leave may
choose to continue her insurance coverages during the leave of absence by paying the
City the required premiums at the same time that the premiums would have been paid by
the City and the employee, had the employee been in a paid status. The City shall not be
required to make such payments on the employee's behalf if the employee fails to timely
make the full amount of the payments to the City. An employee on unpaid Pregnancy
Disability Leave shall retain the annual leave, vacation leave, administrative leave,
compensation time, seniority ranking and other similar credits accumulated, but not used,
prior to the commencement of the Pregnancy Disability Leave without pay.
An employee on unpaid Pregnancy Disability Leave remains an employee and the leave
will not constitute a break in service. An employee who returns from Pregnancy Disability
leave will receive the same step in the salary range she received when such leave began.
The period of Pregnancy Disability Leave without pay shall not count towards service for
increases within the salary range or benefit accruals. The anniversary of an employee on
Pregnancy Disability Leave without pay will be set forward in time one-half month for each
fifteen (15) consecutive calendar days of such leave.
An employee requesting Pregnancy Disability Leave must provide medical certification
from her health care provider on a form supplied by the City. Failure to provide the
required certification in a timely manner within 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
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extend for a maximum of four (4) calendar months. Where possible, employees must
make a reasonable effort to schedule foreseeable planned medical treatments so as not to
unduly disrupt the City's operations.
If an employee needs intermittent leave or leave on a reduced leave schedule and it is
foreseeable based on planned medical treatment, the employee may be transferred
temporarily to an available alternative position for which she is qualified that has equivalent
pay and benefits and that better accommodates recurring periods of leave than her regular
position.
Upon return to work at the expiration of the Pregnancy Disability Leave period, an
employee is entitled to the same position unless the employee would not otherwise have
been employed in the same position at the time reinstatement is requested for legitimate
business reasons unrelated to the employee's Pregnancy Disability Leave or each means
of preserving the job for the employee (such as leaving it unfilled or filling it with a
temporary employee) would have substantially undermined the City's ability to operate
safely and efficiently. If the employee is not reinstated to the same position, she must be
reinstated to a comparable position unless there is no comparable position available or a
comparable position is available, but filling that position with the returning employee would
substantially undermine the City's ability to operate the business safely and efficiently. A
"comparable position" is a position that involves the same or similar duties and
responsibilities and is virtually identical to the employee's original position in terms of pay,
benefits, and working conditions.
Before an employee will be permitted to return from a Pregnancy Disability Leave of three
(3) work days or more, the employee must obtain a certification from her health care
provider that she is able to resume work.
Failure on the part of an employee on leave to report promptly at its expiration shall be
cause for dismissal.
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 maybe 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.
C. Any other person determined by the United States Secretary of Labor
to be capable of providing health care services under applicable law.
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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 sick leave, annual leave, vacation leave and
administrative leave, including use of such leave in combination with disability insurance
payments, while on Family and Medical Leave.
Any employee on Family and Medical Leave because of his or her own serious health
condition must use all accumulated paid sick leave, annual leave, vacation leave and
administrative leave at the beginning of any otherwise unpaid Family and Medical Leave
period.
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An employee on Family and Medical Leave to care for a spouse, parent, or child with a
serious health condition must use all accumulated annual leave, vacation leave and
administrative leave at the beginning of any otherwise unpaid Family and Medical Leave
period. Accumulated sick leave may be used during an otherwise unpaid Family and
Medical Leave only to the extent permitted by Section 13.6.2 of these Rules.
An employee on Family and Medical Leave for childcare must use all accumulated paid
annual leave, vacation leave and administrative leave at the beginning of any otherwise
unpaid Family and Medical Leave.
All other eligible Family and Medical Leaves not addressed in this Subsection C are unpaid
leaves.
The receipt of annual leave pay, vacation leave pay, sick leave pay, administrative leave
pay, or disability insurance benefits does not extend the length of the Family and Medical
Leave beyond the twelve (12) workweeks in any twelve- (12) month period as specified in
this Section.
An employee using accumulated leave while on Family and Medical Leave shall continue
to fully accrue annual, vacation, sick, and administrative leave benefits, and such Family
and Medical Leave shall count as time worked for purposes of establishing seniority for
layoff, recall, promotion, job assignment and seniority related benefits such as vacation.
An employee on Family and Medical Leave without pay shall receive no compensation and
shall not accrue annual, vacation or administrative leave benefits or sick leave. Unpaid
Family and Medical Leave shall not count as time worked for purposes of establishing
seniority for layoff, recall, promotion,job assignment and seniority related benefits such as
vacation. An employee on unpaid Family and Medical Leave shall retain seniority ranking.
Employment benefits other than health benefits, defined below in Subsection D, shall be
handled in the same manner as benefits for employees on a leave of absence without pay.
D. Health Benefits Coverage and Premium Payments
1. While an employee is on Family and Medical Leave, the City's contributions
on behalf of the employee to the City's medical, dental, optical plans (health
benefits) will be continued, including any City paid dependent coverage, in
the same manner as when the employee is on paid status. Short and long-
term disability and life insurance benefits for employee and City paid
dependent coverage will also be continued. (Premium payments for short
and/or long-term disability insurance would be discontinued when no longer
required to be paid by the insurance provider, due to initiation of benefit
payments.)
2. An employee who is on unpaid Family and Medical Leave may choose to
continue optional insurance coverages by paying the City the required
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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) calendar days of
the leave request may result in denial of the leave request until such certification is
provided.
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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 notify the
City in writing of the anticipated dates for the Family and Medical leave as much in
advance as possible.
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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.
An employee is required to use all accumulated annual leave, vacation leave and
administrative leave at the beginning of any otherwise unpaid CFRA Leave. Accumulated
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sick leave may be used during an otherwise unpaid CRFA Leave only to the extent
permitted by Section 13.6.2 of these Rules. An employee using accumulated leave while
on CFRA Leave shall continue to fully accrue annual, vacation, sick, and administrative
leave benefits, and such CFRA Leave shall count as time worked for purposes of
establishing seniority for layoff, recall, promotion, job assignment and seniority related
benefits such as annual leave, vacation leave, and longevity pay.
While an employee is on CFRA Leave, and 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
13.11.131 of these Rules). If the employee has used twelve (12) weeks of Family and
Medical Leave and requests additional unpaid leave time under CFRA,the employee shall
be responsible for paying for health benefits and disability and life insurance premiums.
An employee who is on unpaid CFRA Leave may choose to continue insurance coverages
not paid by City during the leave of absence by paying the City the required premiums at
the same time that the premiums would have been paid by the City and the employee, had
the employee been in a paid status. The City shall not be required to make such payments
on the employee's behalf if the employee fails to timely make the full amount of the
payments to the City.
An employee on unpaid CFRA Leave shall receive no compensation and shall not accrue
annual leave, vacation leave, administrative leave, or sick leave. Unpaid CFRA Leave
shall not count as time worked for purposes of establishing seniority for layoff, recall,
promotion, job assignment and seniority related benefits such as vacation.
Section 13.13. Reasonable 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. Iniuries 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,Administrative Services Director, City Clerk, City Manager or Acting City
Manager, or Assistant City Manager. All accidents or injuries, no matter how minor or
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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 sick leave in combination with
temporary disability benefits provided under State Worker's Compensation Laws to provide
continuation of the employee's regular monthly base salary until such accumulation is
exhausted or until the employee is no longer temporarily disabled,whichever occurs first. If
accumulated annual leave or sick leave is sooner exhausted, an employee temporarily
disabled under the provisions of this Section may, for the purpose of supplementing
Worker's Compensation temporary disability benefits, elect to use accumulated annual
leave, vacation leave, and/or accumulated compensatory time off to continue his/her
regular salary in combination with the temporary disability payments. The use of any
portion of accumulated sick leave, annual leave, vacation leave, or compensatory time
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must be requested in writing by the employee prior to its use. Absence from work shall run
concurrent with Family and Medical Leave and CFRA Leave, if applicable (see Sections
13.11 and 13.12).
It is strictly prohibited to combine sick leave, annual leave, vacation leave, and/or Worker's
Compensation benefits in any manner, which would exceed the employee's regular
monthly base salary. An employee on approved 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 party to recover for injuries or disabilities
for which the City has made payments of salary or compensation, shall forthwith give the
City written notice of such action and thereafter, the City shall be entitled to reimbursement
out of any recovery made by the employee in such action for amounts paid for salary or
compensation and fringe benefits during the period of disability. Upon receipt of restitution
by the City, an appropriate amount of such sick leave, annual leave, vacation leave, and
compensatory time off used by the employee during the disability shall be restored to the
employee's account.
Section 14.4. Disability Evaluation:
A. Temporary modified work program resulting from injury or illness.
There are no guaranteed temporary modified light duty positions in the City of
Moorpark. The purpose of this section is to establish a uniform procedure regarding
temporary modified work/return to work program.
It shall be the policy of the City of Moorpark, to assign temporary modified work to
employees who are temporarily disabled from the usual and customary job duties as
a result of an on-the-job injury or illness when such temporary modified work is
within the limitations prescribed by a City-approved physician or employee-approved
physician according to the following definitions, responsibilities and procedures.
DEFINITIONS:
1. On-the-iob 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:
1. 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 Employment: Subject to medical consultations, a
final determination shall be made by the City Manager as to whether or not the employee
shall:
1. Return to 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, vacation and sick 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
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he/she shall not continue to earn eligibility for consideration towards completion of the
probationary period and a merit salary increase.
Section 14.7. Contested Claims: This section shall only apply to those cases in
which the City is claiming that an injury or illness did not arise out of or in the course of
employment as defined under the Worker's Compensation laws. In such contested
industrial injury claims, the City of Moorpark shall 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 or sick leave to provide continuation of the employee's regular
monthly salary for a period until the employee is no longer temporarily disabled. In those
cases in which the accumulated annual leave or sick leave is exhausted before the
employee becomes permanent and stationary, the employee may elect to use other
accumulated leave such as vacation leave, and/or compensatory time off to continue
his/her regular monthly salary. The use of any portion of accumulated compensatory time,
sick leave, annual leave, or vacation must be requested in writing by the employee prior to
its use. If the period of temporary disability extends beyond the use of accumulated annual
leave, vacation leave, and compensatory time off, or the employee has elected not to use
any portion of said accumulated leave, the employee shall be placed on an unpaid leave of
absence by the City as outlined by Section 13.3 of the City's Personnel Rules, pending a
determination regarding compensability of the claim under applicable provisions of
California Worker's Compensation law.
While on such an unpaid leave of absence, no annual leave, vacation leave, or sick leave
shall accrue. City contributions to retirement, health and medical plans, including but not
limited to medical, dental, vision, life and long-term disability programs shall be suspended.
Any pre-paid premium made by the City on behalf of the employee and/or his dependents
not exceeding thirty (30) calendar days from the date the City determines to contest the
claim shall be honored by the City. In the event of such suspension of 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 Subiect 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);
f. budgetary items;
g. standards of service;
h. the mission of departments;
i. all other matters of general legislative and managerial policy;
j. 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
I. 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
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shall have the right to discuss the matter with the immediate supervisor's supervisor, if any,
within the department organization. Otherwise, the employee shall have the right to
discuss the matter with the department head. 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
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City Council of the receipt of the formal grievance. The hearing shall be 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) party
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.
j. 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), including any
City holidays but excluding other paid time off, before leaving the service, unless such
notice period or restriction on use of paid time off is waived in writing by the City Manager
at his or her sole discretion. Resignation in good standing requires the aforementioned
minimum two-week notice period in order to allow an orderly transition of duties and
responsibilities and completion of assignments. Failure to give notice as required by this
rule shall be cause for denying future employment by the City and will disqualify the
employee for reinstatement.
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