HomeMy WebLinkAboutCC RES 77-094 I.I t~
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9/19/77
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A RESOLUTION OF THE CITY COUNCIL, CITY OF
TUSTIN, CALIFORNIA, AMENDING THE PERSONNEL
RULES AND REGULATIONS OF THE CITY OF TUSTIN
The City Council of the City of Tustin, California, does
hereby resolve as follows-
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1. The Personnel Rules and Regulations of the City of
Tus~in are hereby amended b~ the amendment of Sections 5-G(5),
5-G(7), 8-E, 8-F(3) (a), 8-F(6), 8-H(2), 8'H(5), 8-H '(7) (ci .
8-H(7) (d), 8-H(8) and 10-D, all as set forth in Addenda 1
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through 6, inclusive, attached hereto and incorporated herein
by reference.
2. The Personnel Rules and .Regulations of the City of
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Tustin are hereby further amended by the deletion of Sections
8-G and 8-H(6) in their entirety.
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PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, California, held on the 19th day of September, 1977.
Mayor
ATTEST
L.. City_clerk
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Section 5-G:
(5) AqCumulation..gf Over.ti_me. Accumulated compensatory
time must be taken off or paid for prior to annual salary
adjustments; provided, however, that such accumulated com-
pensatory time may be taken off or paid for at a later date
if the City Administrator approves such procedure in advance
and in writing. Accumulated compensatory time shall not
exceed a total of forty (40) hours.
Section 5-G-
(7) Su~ervi.s..o_r.y P~ersonnel. In the case of Department
Heads and other selected supervisory personnel designated
from time to time by the City Administrator, their monthly
salary shall be considered full compensation for all hours
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worked and normally no overtime shall be payable or accruable
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for said employees unless specifically authorized in each
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instance by the City Council. However, reasonable time off
to handle personal mat.-ters or additional general leave up
to five (5) days per year for employees in these positions
may be granted as a compensatory measure at the discretion o
of and by the City Administrator when such an employee's
"overtime" worked is in excess of.n. ormal requirements
that position.
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Section 8:
E. ~neral..Leave. General leave is a multi-purpose
leave providing for the needs of the employee for vacation,
personal affairs, and non-job-related illness for injury. The
general leave concept replaces the traditional vacation and
sick leave provis~ons previously provided to City employees.
Implementation of the provisions herein shall be effective for
8 all employees commencing with the payroll period starting
9 August 29, 1977.
10 (1) General leave wi th pay is granted to each
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11 regular and probationary employee, except 24-hour per shift
1~ Fire personnel, at the rate of seventeen (17) working days
15 per year prorated on a bi-weekly basis for each bi-weekly pay
14 period of half-time or over. Fire personnel on 24-ho:ur shifts
15 shall accrue leave with pay at the rate' of ten (10) 24-hour
16 work shifts per year prorated on a bi-weekly basis for each
17 bi-weekly pay period .of half-time or over.
18 ('2) Longevity Allowance. After five (5) years of
19 continuous service, employees shall receive additional general
~.0 leave allowances as follows- .
(a) 40-hour per week personnel- One working
day of general leave a year for each additional year
of employment until a limit of twenty-eight (28) working
days has been reached.
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(b) 24-hour per shift Fire personnel: One-
half (1/2) work shift of general leave a year for each
additional year of employment until a limit of fifteen
(15) 24-hour work shifts per year has been reached.
(3) General leave may be accumulated to a maximum
of twice the employee's annual entitlement including the.
longevity allowance. The general leave otherwise to be
earned exceeding the authorized maximum accumulation shall be
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forfeited as of January 1 of each year or upon termination~
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(4) P01ice~ and .... Fire _Personnel. Each member of the
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Police and Fire Departments may schedule his annual leave in
4 connection with normal days or shifts off so as to receive
sixteen (16) consecutive calendar days or more of vacation
~ in accordance with these rules and regulations and Sections
38634 and 53250 of the Government Code.
(5) ~Vol. u. nteer_ Ti. me. Any i full-time City employee
9 after 'three (3) years as a full-time City employee, who
shall have previously served the City as a volunteer fireman
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prior to January 1, 1970', shall receive annually one (1)
working day of general leave, or one-half (1/2) work shift
15 in the case of 24-hour shift personnel, for each five (5)
14 years or major fraction thereof, of service as a volunteer
15 fireman, which shall be in addition to such other general
16 leave as is provided herein.
(6) U~se of Accumulated Sick Leave. Ail existing sick
18 leave credited to City employees as of August 28, 1977, shall
19 remain to his/her credit and may be utilized as follows:
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(a) Until December 31, 1977, any amount to
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the credit of employees may be used in case of illness
or injury subject to the same rules and regulations
governing sick leave that existed immediately prior
to August 29, 1977.
(b) After January i, 1978, each employee shall
have the option during the month of January of each year
to convert four (4) units of accrued sick leave to one
(1) additional unit of general leave, with a maximum
conversion of eight (8) days (64 hours) accumulated sick
leave per calendar year for 40-hoUr-per-week employees and
four (4) shifts (96 hours) accumulated sick leave per
calendar year for 24-hour shift employees.
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(c) After January 1, 1978, any employee (other
than 24-hour shift'Fire Department personnel), required
to be off work due to illness or injury for three (3)
copsecutive work days or longer may request to use
accumulated sick leave to his credit, if any, commencing
with the fourth day off and continuing until his/her
return to work. In the event any employee is required
to be off work for more than seven (7) general leave
days, whether consecutive or not, per year, due to
illness or inj'ury, he/she may request that all additional
required time off due to illness or injury be charged
to the 'accumulated sick leave existing to his/her credit,
provided the employee indicates the nature and reason
of the absence to his/her department at the time of'
absence.
(d) After January 1, 1978, any 24-hour
shift Fire Department employee required to be off work
'due to illness of injury for more than one continuous
shift may request to use accumulated sick leave to his
credit, if any, commencing wit}~ the second consecutive
shift off and continuing until his/her return to work.
In the event an employe.e is required to be off work for
more than three (3) general leave shifts whether consecu-
tive or not per year, due to illness or injury, he/she
may request that all additional required time off due to
illness or injury be charged to the accumulated sick
leave existing to his/her credit, provided the employee
indicates the nature and reason of the absence to his/her
department at the time of absence.
(e) Use of the accumulated sick leave is s. ubjec~
is subject ~o City's right to require a physician's
certificate, personal affidavit, or. other evidence
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of the adequacy of the reason for the emploYee's
absence.
(f) Penalty .for Sick Leave Abuse. When, in
the judgment of the Department Head, the employee's
reason for being absent because of alleged sickness
is inadequate, he shall indicate on the payroll form
that the absence Was absence without leave, and without
pay. In addition thereto, the City Administrator
may impose such discipline as in his discretion seems
warranted. The Department Head's decision may be
appealed to the City Administrator by the employee
concerned.
(g) Termination of an employee's continuous
service shall abrogate all sick leave accrued an~
unused to the time of termination, regardless of whether
or not such person subsequently re-enters the City
service. Employees shall not be entitled to receive
any payment for unused sick leave accrued to his/her
credit at the time of termination of employment for any
reason including retirement for. service or disability,
resignation, death or dismissal.
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Section 8-~-
(7) Part-Time EmplgYee~. An employee having a
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probationary or regular appointment that is less than full-time
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but is half-time or more, shall earn general leave credits
for any pay period in which he has worked over one-half time.
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(8) _Time ...Off_. The time during the calendar year
~ at which an employee may take his leave shall be determined
8 by the Department Head with particular regard for the needs
9 of the service and with consideration 'for the preference
10 of the employee.
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(9) Other Vaca'tion Provisions-
(a) In the event one or more municipal
holidays fall within a general leave period, such days
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shall not be charged as general leave.
(b) General leave shall not accrue during
any leave of absence without pay or "Longterm Disability
Leave" of a non-job-rela~ed nature.
(c) Pay in lieu of general leave will only
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be granted upon termination of.City employment, or upon
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a finding of hardship by the City Administrator.
(10) Terminal General Leave Pay. Upon termination,
a permanent employee will receive compensation at his current
rate including the date of termination. The following methods
~4 of computation shall apply for this purpose-
~5 (a) Employees accumulate 1/26 of a normal
year's general leave for each pay period in which the
employee has worked or has been on authorized leave of
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absence With pay in excess of half-time.
(b) An employee who has not completed 6 months
continuous service shall not receive terminal pay for
general leave.
(c) General leave shall not be used to extend
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an employee's retirement or termination date when the
effect of such usage is to c~rcumvent the prohibition
against terminal pay in the event that employee has
less than 6 months' of service or for general leave
credits in excess of the maximum accrual.
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Section 8-F:
(3) Affected Days,-
(a) The following eleven (11) days shall be observed.
as paid holidays by all.employees in permanent positions,
except Police and Fire personnel, as shown below:
January 1
Third Monday in February
Last Monday in May
July 4th
First Monday in September
November llth
The Thursday in November designa-
ted by the President or Governor
as Thanksgiving Day
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
The day following the Thursday
designated as Thanksgiving Day Day after Thanksgiving
Day
Afternoon before the Christmas Day Holiday
December 25th
Afternoon 'before the New Year's
Day Holiday New Year's Holiday Eve
Christmas Holiday Eve
Christmas Day
(6) Ail Fire Department personnel on 24-hour shifts
shall receive the equivalent of five (5) 24~hour work shifts
of compensatory time or equivalent pay in lieu of paid
holidays; compensatory time, if selected, shall be scheduled
by the Fire Chief.
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Section 8-H:
(2) Milit...ary~ Leav...e. A member of the National Guard
or Military Reserve ordered to annual military duty, excluding
routine drill periods, and who has not less than one (-1) year
of City service, shall receive full salary as provided in the
State of California Military and Veterans' Code, for a period
not to exceed thirty (30) calendar days per year. An
employee with less than one (1) year of service shall receive
one-twelfth (1/12) of the amount of City salary that would
~have been received for the like period of time covered by
military leave, for each month completed City service. Except
for holidays occurring during the leave period, employees
on military leave are not subject to loss of any employee
rights such as accrual of general leave, seniority, and other
privileges.
(5) Maternity. L'eave of Absence. Not later than during
the fifth month of pregnancy, an 'employee shall advise her
Department. Head and City Administrator of such condition.
The effective date of maternity leave of absence, without pay,
shall be as determined by the City Administrator..
If it is determined by the City Administrator that
the position vacated by the employee on maternity leave of
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absence can be left temporarily vacant or can be adequately
filled by use of temporary help, such. shall be done, and said
employee shall be entitled to return from her maternity leave
of absence on the date determined by the City Administrator.
In such event, the employee shall retain her employment rights,
pay schedule, benefits and status.
If it is determined by the City Administrator that
said position cannot be left temporarily vacant or cannot be
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adequately filled by the use of temporary help, then such
employee shall not be entitled to return to her former Dositic-
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pay schedule, benefits and status. In such event, the
employee's name shall be placed upon 'the City's re-employment
list for her position class for one year. Upon reappointment
to said position, such employee ~hall retain her previous
status, and general leave accrual rate.
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(7) Di sabi li .tY_ Leav~-
(c) During the time that employee is disabled
by reason of bodily injuries incurred during the course
and scope of his employment, neither his general leave
nor his accumulated sick leave shall be charged for
the purpose of paying compensation leave benefits.
(d) Any employee, except those having
temporary or less than half-time appointments, shall
continue to accrue general leave and to earn eligibility
for consideration for merit salary increases during an
absence resulting from an on-the-job injury, provided
he received compensation payments under the provisions
of the California Worker's Compensation Law.
(8) Long-Term Disability L'eave. Any employee, after
thirty (30) days of employment in ao ful-l-time, regular apoint-
ment who is totally disabled by reason of a bodily injury or
illness incurred either on or off the job, shall be entitled
to receive monthly income of two-thirds of the first $1,800.00
of the employee's basic monthly earnings. This amount shall be
paid to employee either by City or through the provisions of
an insurance program contracted for by City. This benefit
shall be reduced by any benefits otherwise payable after the
following elimination period or after using all accrued Sick
leave credits or after using five days (40-hour week employees~ .......
or three shifts (24-hour shift employees) of the general leave
which the employee is entitled, whichever is longer:
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Employe.e cgtegory
a. Fire Department Personnel of
Captain Rank or below
b. Ail othe'r personnel
Elimination Period
3 work shifts '(24
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hour)
5 work shifts (8
hour)
Such monthly compensation shall be payable for not less
than two (2)' years for an illness or to normal retirement age
for an injury, unless disability terminates, the employee is
retrained, or eligibility terminates at an earlier date.
In all cases .except for the elimination period, the
qualifications, eligibility, coordination of benefits pro-
vision, coverage, definition of total disability, benefits
payable and other conditions, shall be as defined by any
long-term disabiiity insurance policy or self-insurance
program of City then in force and this paragraph shall be
construed to. be a general description of such coverage only.
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Sectio..n_ 10_._ SEPARATION FROM THE SERVICE_.
D. pi_.s.abili_t.y... An employee will be transferred,..
demoted, or separated for disability when he cannot perform
the required duties because of a physical and/or mental
impairment after receiving those benefits guaranteed him by
Section 8 of these rules. The City may require an examination
at its expense and performed by a physician, psychologist
8 or psychiatrist of its choice when an employee's disability
has been questioned. A disabled employee shall be retrained
10 by the City in a position for which he is qualified if at all
11 possible.
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$~ATE OF CALIFOR~;IA)
COUNTY OF OI~%NGE ) SS
CITY OF TUSTIN
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RUTII C. POE, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole nu~J~er of the members of the City
Council of the City of ?ustin is five; that the above and
foregoing Resolution No. 77-94.~ was duly and regularly
introduced, read, passed ~'d .... adOpted at a regular meeting
of .the City Council l~eld on the 19th ........ _ day of .... S~p~emb_e.r ..... ,
1977, by the following vote- i -
AYES: COUNCII24EN- SHARP, WELSH, EDGAR, SALTARELLI, SCHUSTER
_ ~_ ........~_ .~.. ~; ~ ~ . -. _ ~ . ~
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NOES'
ABSENT '
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COUNCILMEN:
COUN CI LMEN:
NONE
NONE
Cierk,~ty of Tustin, California