HomeMy WebLinkAboutCC 4 PERS RULES & REGS 9-19-88t,G E N.S:NTCALENDAR
PA ,:,?- --
TO:
FROM:
SUBJECT:
WilliamA. Huston, City Manager
Administrative Services Department
Propose~ Revision of Personnel Rules and Regulations
RECOMMENDATION
That the City Council adopt by Resolution #88-103 the revised Rules
and Regulations as attached.
BACKGROUND
As required by state law, City of Tustin management representatives
have met and conferred with Tustin Police Officers Association and
Tustin Municipal Employees Association representatives since
November 1987'. After duly meeting and conferring, all parties have
agreed to the attached revisions to the Personnel Rules and
Regulations. Items in boldface type represent additions, while
lined-out items are deletions.
The City Attorney has reviewed the attached revisions and finds
them acceptable, and now the official action of the City Council
is necessary.
Most of the changes are "housekeeping" in nature and do not
represent any radical change in the City's way of doing business.
At this time staff recommends adoption of revised Personnel Rules
and Regulations.
Administrative and Community Services
RAW: jg
Attachments: Resolution #88-103
city of Tustin Personnel Rules and Regulations
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RESOLUTION NO. 88-103
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING
REVISkD PERSONNEL RULES AND REGULATIONS
OF THE CITY OF TUSTIN.
WHEREAS, the Personnel Rules and Regulations of the
City of Tustin were adopted by Resolution of the City Council
on June 2, 1969; and
WHEREAS, the Personnel Rules ~nd Regulations have
been revised and updated by Resolution of the City Council on
several occasions since their adoption; and
WHEREAS, it is desirable and appropriate to revise
and update the present Personnel Rules and Regulations in
their entirety;
NOW, THEREFORE, the City Council of the City of
Tustin, California, does hereby resolve that the revised
Personnel Rules and Regulatigns of the City of Tustin, dated
09-19-88 on page 43, are hereby approved and adopted, and by
this reference are incorporated herein as though set forth in
full; and three (3) copies of same shall be retained on file
in the office of the City Clerk of the City of Tustin.
PASSED AND ADOPTED at a regular meeting of the
Tustin City Council, held on the 19th day of September, 1988.
Mayor
ATTEST:
City Clerk
PERSONNEL RULES AND REGULATIONS
OF THE CITY OF TUSTIN
Page 1
SECTION 1~ MERIT PERSONNEL SYSTEM ESTABLISHED
A. PurPose.
_
The following merit'personnel ~ystem is hereby
established in order to:
Establish an equitable and uniform procedure for dealing
with personnel matters;
(2)
Attract the most competent persons available to municipal
service;
(3) Assure that appointment and advancement of employees are
based on merit and ability; and
(4) Provide reasonable security for employees.
The objectives of these rules and regulations are to facilitate efficient
and economical service to the public ahd provide for a fair and equitable
system of personnel management in the municipal government. These rules
se_t forth those procedures and policies which insure similar treatment for
~ se who compete for original and promotiona~ employment and define
~ .rain obligations, rights, privileges, .benefits and prohibitions which
are placed upon all employees in the service of the City.
S.
Intent o~ the personnel system
Employment s.tandards. The City Council and all the citizehs of
the City of Tustin have the right to expect that the City will
employ the best qualified persons available; that the tenure of
every City employee will be based on a demonstrated need for the
work performed, availability of funds, faithful and effective
performance, proper personal conduct, and continuing fitness for
the position; and that each employee will be encouraged, trained,
and developed to assure optimum performance.
(2)
City ResDonsibility to Employees: Each employee of the City of
Tustin has the right to expect to be fully informed of his or her
duties and responsibilities, to be provided with adequate
administrative and supervisory direction; to be informed of how
well he or she is performing job duties, and level of
performance; that promotions will be made on the basis of merit
and ability; that progressively improved work performance over an
extended period will' be recognized and rewarded; that
incompetence will not be tolerated; and to not be subject to
suspension, demotion, dismissal or other disciplinary action .
without just cause.
(3)
Promotion and Traininq of Employees: The City of Tustin will
endeavor to promote from within the service to fill openings
whenever possible, and to provide employees with the training
Co
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necessary to develop the skills required to qualify for
promotional opportunities within normal career lines.
Discrimination. No person applying for employment by the City or
employed by the City shall be discriminated against by reason of his
or her political affiliations, race, creed, religion, national origin,
sex, age, color, or physical handicap.
·
Violation of Rules. Violation of the provision of these rules shall
constitute grounds for dismissal, rejection, ~ suspension, or written
repriman4. A violation shall not make dismissal, rejection, ~
suspension or written repriman4 mandatory but shall be given such
weight as shall be appropriate in view of all the circumstances.
Personnel Officer. The Personnel Officer of the City is the City
Manager. The City Manager may delegate any personnel powers or duties
to another officer or employee of the City, or may recommend to the
City Council that certain personnel powers or duties be performed
under contract by a qualified individual or firm. The City Manager
shall:
Prepare and recommend to the City Council, personnel rules and
regulations and revisions thereto;
(2) Administer the provisions of the City's merit system not
specifically reserved to the City COuncil.
Amendmen~ and Revision of Rules. The City Council shall adopt or
amend these rules by resolution and upon not less than five (5) days
notice to employees. Employees at the Council meeting shall be given
an opportunity-to present their support or objection to the proposed
rules.
Administrative Rules and Regulations. These rules do not preclude the
City Manager or individual City department from developing and
administering supplemental personnel rules and regulations, as long as
they do not conflict with these rules, other Council resolutions and
ordinance, or existing laws.
Application of Rules. The provisions of these rules shall apply to
all positions and employees of the City of Tustin except:
(1) ' Elected City Council Members;
(2) Elected City Clerk;
(3)
Members of appointive boards, commissions, committees
and agencies other than regular City employees;
(4) City Manager;
(5) City Attorney;
Page 3
(6) Persons engaged udder_ contract to supply expert professional,
~cal or other services;
(7) Volunteer perscw~el who are not regular, salaried employees;
(8) E~3ency employees who are b~ ~ed to meet the immediate
~ of an emezgency condition, such as extraordinary
fire, flood, or earthquakm, which threatens life or property.
The City Mar~ger shall appoint all De~ Heads, officers and employees of
provided that tb~ Manager may delegate to any other Department Head, officer,
or emplcrfee the authority to hire or di~e any employees or officers so
Ie
~ of Relatives. ~hese rules shall not prohibit the employment or
assignment of ~ativ~ in U~ ~ or diff~ department except as
outl~ below. For the puzloc~m of~.tb~ section, a r~lative shall be
~ as any person who is a relative by blood or marriage within the
..
N0' is a of City the City
~nager, any ~ ~ or ~ ~ offi~w ~v~ a~~tive
~ ~ ~ a~~ ~ a ~~i~ ~i~on ~~. ~e Ci~
(2) ~ r~ativ~ ~ be ~loyed in positions where one has supervisory
rmsponsibility over the other or where they would report to the same
supervisor.
(3)
No relatives shall be employed in positions where one would have access
to ~nfi~al and privilegsi information conc~ the other.
Ex--ions to this rule may be grarfced by the Department Head (with
City Mark%ger's approval) where, in the judgement of the Depart:nent
Head, the access to confiderfcial and privileged information would not
(4)
In the case of violations of this .rule, remedy may be sought through
transfer or demotion within the City service or termination of one
party, as det~rmir~d by the De~t Head to be appropriate. Ail
acti~ ~ to remedy violations of this section are subject to
the r~view and approval of the City Manager.
J®
Where a conflict exists between items stated in these Rules and Regulations
and adopted Memo~ of Under~ with a recognized majority
representative, the Memo~ of Understand/rig shall prevail.
K. Where a conflict exists between items stated in these Rules and Regulations
and existing State Law, the State statutes shall prevail.
SECTION 2. ~FINITICN OF TERMS
Page 4
The follcwirg ~, whenever used in these rules shall be defined as follows:
~vancem~w~ - a salary ~ of one or more steps within the limits of the
pay rarge establ/shed for a class.
Actir~_ Apoo_ ~ - the appo~ for a limited period of a person who is
al~ a ~bationary or rs]ular e~pl~ to a position in a higher class for
which t_here is no emplo~ list, or which is temporarily vacant due to a
suspension, tam~ination, or authnrized leave of aksence.
A~ocation- the allocation of a single ~osition to the proper class in
acco~~ with the specifications for that class, or, the assist of a
class to a salary ~ or salary rate.
Appo~ Authority - %he City Manager shall be the final appointing authority
for all ~o~itions within the City Servia.
ApDlicant - an indi~~ who has ccmpl~ and submitted an application for
e~pl~ with the City. :.
Appointment - the offer to ar~ acceptance by .a person of a position in the City
s~zvi~, ei.'= on a rs~lar or ~ basis.
Calendar Year - 365 cal~r days.
Class - a group of positions sufficiently similar in duties, responsibiliti
authority, and m/nimum qualifications for employment to permit comb~ them
under a o~n title and equitable application of common standards of
selection, compensation, and pzumotion.
Class Specifications - a written description of a class, settirg forth factors
and ~tions which ar~ essential characteristics of positions in the class.
Code -....the Tustin City Code.
Comper~ation Plan - the assi~ by the City Council of salary ranges to each
class, normally included in the annual City Budget.
Compensatory Time - time off from work in lieu of monetary payment for over
time work. .
Contract Employee - an employee hired by written a~t with the City for a
specific term and under conditions wholly contained within the employment
agreement.
Continuous Service - the emplo~ without an uncredited break or interruption
of service of an employee in a probationary or regular status.
Page 5
Denoticn - the voluntary or involuntazy r~~ion of a regular employee from a
~osition in mm class to a Fruition in anothar class having a lower maximum
rate of pay.
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~ - th~ invol~ s~mzation of an ml)loyee fzcm the City service.
Elkrible - a person whose name is on an em91~ list.
(a) opep e~Dl~ list: A list of r~w~_ of persons who have taken an
open cc~t~ve ex~minatic~ for a class and have qualified.
(b) ~~ ~1~ list: A list~of names of persons who have
taken a prcmctic~l ex.m/nation for a class and have qualified.
Re-employment list: A list 6f ~ of qualified regular and
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.~~tionary employees who have been laid off. .'
(a)
Ope~ competitive examination: An exmnination for a particular class
which is open to all ~rsons meeting the qualifications for the class.
(b)
Pr~motiona% exam/nation: An examination for a particular class, admission
to the ewa~_m/nation being limited to employees of the City who meet the
qualifications of the class because of unique or special knowledge
which could only be a~ through on-the-job training with the City.
Job Sharing - the sharing of one full-~, regular position by two employees
at the employee's request, with the same scheduled work hours, salary and
benefits divided between them.
Original Appointment - a person's first appointment as a City employee.
Overtime - the working by a probationary or regular employee in a full-time
position of more authorized hours than ar~ required for a full work shift for
the position.
Part-Time Employee- an employee in a part-time position.
Part~~ Position - a position having a work week of fewer hours than the -full
work week established for a full-time position in the class. A part-time
position may be either temporary or permanent.
Page 6
Position - a full-t/m~ or part-time position that is'
in~vidually, autho~~ in-the budget ar~ which is ~ ..~o exist.
Position - a combination of duties and nm/~msibilities assigned to a single
employee and performed on either a full-time or part-~ basis.
Probationary Employee - an employee who b~-~ a probationary appointment to a
Probationary Period - a working test period that is part of the selection
process and during Which an employee is reguirmd to demonstrate fitness for
the duties of the position to ~hich he or she b~ been appointed by actual
perfo~ of such duties. 9~e term "initial probation period" shall mean
an employee's first probation period dur/rg conti~_cus City employment.
Probationary Status - the status of a person during the probationary period.
Promotion - the ~ of an employee from a position in one class to a
~osition in another class hag a higmr mmd~um rate of pay.
~ional A:~oint~t - an at. ointment of a person who possesses the
m/n/mm qualifications establ~~ for a particular class and who has been
appointed ..to a position in that 'class in the absence of available eligible
Reinstatement - the re-emploYment without exam/nation of a former regular
or probationary ~loyee.
Regular Appoirfcment - the regular emplc~ of a person in a permar~t full
time position. A regular appo/ntment follows successful completion of a
protm'ti~ period. "
Reqular sta~ - the status of an employee who b~ acquired a regular full
~ a~po~.
Rejection - the involuntary separation frcm the City service, of an employee who
does not successfully complete the probation period in a position and who does
not have regular status in another position in a different class, or the
reduction of an employee who did not successfully complete the probation period
in a position to another position in a different class in which he or she has
previously acquired regular status.
Relative - any person who is related by blood Or marriage within the third
degree: cbf]~, parents, grar~children, qrandparents, brothers, sisters,
nephews, nieces, aunts, uncles, great grandchildren and great grandparents.
Reprimand - an oral or written censur~ made as a disciplinary action.
Reserve Officer -any person serving the City of Tustin as a volunteer, reserve
or auxiliary police officer. Such person shall not be considered to have
attained a regular appointment to either a permanent or part-time .position.
.Page -7
Every z~rve officer shall serve at the d/scretion of the Chief of Police'
and my ~e terminated wi~ the right of prm-discipl~ hearing or right
Resi~ation - th~ voluntazy s~rati~n of an ~loyee from the City service.
Salary Rathe - one or more specific salary rates having a percentage
relationship to ~ne another, assigned to a class of positions as the
cc~sati~n for that class.
Sa~ar~ Review Date - the future date ~n whic~ a probatio~ or regular
employee is eligible, ~n the basis of satisfactory job performance for a
prmscribed period, for a merit salary advanc~ within the salary range
estab~ for the position the employee occupies.
Salary Ste~ - ~ne of the est~_bl~ levels of pay within a pre~ribed ~lary
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rarge, usually designated by a letter.
Suspension- as a disciplinary ace_ion, the temporary separation with or
without pay of an employee fr~-the City service.
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Tempo%-ar~_ Position - a full-time or part-~ position of limited duration.
~,%~mination - th~ s~p~ration of an ~!~ fr~ the City service bec~ of
~_ir~mnt, resignation, death or di~mi_~al.
~kransfer - a change of an employee, frcm c~e position to another position in
the same class or in another class having the same maximum salary rate,
involv~ the perfo~ of basically similar duties and requiring
substantially the mmme ~ qualifications.
Vacancy - an authorized position that is not occupied by an employee having
either a probationary or regular appo~ to the position.
Workinq Days - non-consecutive days upon which an employee is schenhzled to
work. For the purposes of appeal or grievance rights under these rules,
where there is a diff~ in work schedules bet-~een a Department Head and
an employee, working days should be counted based on the employee's schedule.
Work Schedule - the assi~ of a position to a work shift or series of work
shi~ in a seven (7) calendar-day period.
Work Shift - the ~ of working hours per day required of an employee
ccup irg a particular position.
Work Week - the ~ of working hours in a seven (7) calendar-day period
established for a particular position or class.
Page 8
plural fozm sb~] ~ude the s~ar unless otherwi_~e stated or Lndicatad
in the c~x~.
Page 9
SECTION 3. CIASSIFICATION PLAN.
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Publish. ~ Classification Plan provides a complete '.inventory of all
positions in the City service and an accurate description and
specifications for each class of employment. ~he Plan star~ardizes titles,
each of which is irz~cative of a definite range of duties and
Be
Preparation of Plan. 9~e City Manager shall detmrm/ne the duties and
rmsponsibilities of all positions in the service with the assistance of
Classification Plan for such positions to the City Council. The
Classificatic~ Plan sb~ define each class by. a class specification,
incl~ title, a descri~on of typical duties and responsibilities
and a statement of the tra/nir~, experi~ and other qualifications
to be required of appli~. The Classification Plan shall maintain
Ce
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Adoption of Plan. ~e City Council shall adopt or amend the Classification
Plan by resolution and .u~on mot less. than five (5) days notice to
employees. Sugqested amer~ments and rmvisions of the Plan by any interested
party shall be submitted to ..the City Council through the City Manager.
'All°C~t~on of Positions. Followirg the adogt/ng of the"Classification
Plan, the City Manager sb~l] allocate every position in the service to one
of the classes establ~ by the Plan.
Ee
New Positions. Each new position of a new class shall be included
in the Classification Plan by amendment and appropriate ~mpl~t list
established before the position my be filled, except as otherwise provided
F®
Reclassification. A ~osition the duties and responsibilities of which
have ~ detarmined by job analysis to have d~nrged substantially shall be
reallocated to a new and appropriate classification upon reccmm~_ndation of
th~ DeDartment Head and review and approval of the City Manager.
Ge
Use of Class Titles. Class titles are to be used in all personnel,
accounting, budget, appropriation and financial records. No person shall
be appointed to or employed in any permanent position in the service under
a title not included in the Classification Plan. Other job titles may be
used in the course of dental rotfci~e to indicate authority, status in
the organization, or administrative rank.
He
Use of Class Specifications. Specifications are to be interpreted in their
entirety and in relation to others in the C1 .assification Plan. Particular
phrases or exan~l~s ar~ not to be isolated and treated as a full definition
of the class. Specifications are deemed to be descriptive and explanatory
of the kind of work performed, and not necessarily inclusive of all duties
performed.
Page 10
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Use of Classification -Plan. ~he Classification Plan is to be used as
follows:
(1) A guide in recruit/r~ and' ex~ni~r~ card,dates for appointment
(2) Ln det- nin lin s of =m aion.
(3) In ~ salary to be paid for various types of work.
(4) In ~ persor~el service items in de~~ budgets.
(5) In provid/r~ unifozm job terminolcqy understandable by all City
officials ar~ employees a~d by the general public.
Workin~ Out of Class. .No emgloymes shall be required to perform duties
which are not closely related both in ~ of work and in level of
r~%~nsibility to the duties noxmally assigned to positions in the
emDl~Ss class, except c~ a shcrt-tezm basis not to ~ one month
or c~ a tem~x~ry or emex~ler~y basis. If it is necessary for an employee
to work out of class for a period of time ~excc=ling 30 days, request shall
be made by the department for reclassification to a more appropriate class
Page 11
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l~t~on .of Plan. J~%e City Manager shall prepare a Compensation-~ Plan
coverirg all class~ .of ~ositions in the service, showing the minimm and
~ rates of pay. In arrivirg at such salary ranges, consideration
shall be given to prmvailir~ rates of pay for c~le Work in public and
in pri~ate em91~, ~uding consideration of conditions ~of work as
well as basic pay; to currm~t costs of living; to suggestions of department
heads; and to the City's financ~ condition and policies. The City
Manac3mr or the person or agency emsloyed for that ~ shall thereafter
make such fuxT/Ter studies of the C___~T?nsation Plan as my be requested by
S. Ado~on of Plan. The City Ccunc~ shall adopt, amend and revise the
O:m~e~sation Plan'by resolution, as a part of the annual city Budget or
separately.
C. ~o~mat of Plan. Ail full-~ tmition classes, exc~ those placed on a
. flat rate of pay, shall be placed on a salary range containing a designated
number of salary s~ with five .percent (5%) increments between steps.
Each step in a range shall be let,_red alphabetically fr~ the lowest step
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D. 'Meet ~nd C~er Process. ~ prs~eration of the compensation plan shall be
su~ect to the meet ar~ confer process with the appropriate representatives
of m~xgnized employee o~3anizati=s.
Page 12
A. Application of Rates. Employees occu~ing a ~ition in the service shall
be paid a salary or wmqe within tb~ rar~e established for that position's
class under the C~nsation Plan.
B. Basis of Cc~e~sation -
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(1) ~ll-time Re, ilar. Probationary. and Actir~ Appointment. An employee
hav~ a regular, probationary or ac~ appointment that is on a full
time basis shall be ccm~:er~a~ at a monthly rate, paid bi- weekly.
(2) Other ADoo~. An employee having any other type of appointment
~ be ~ted at an hourly rate, paid bi-weekly. If a monthly
rate iS established for the position, the hourly rate will be cc~puted
by dividin~ the monthly rate by 173.33.
Ce
Salary Review Dates. Any officer or emgloyee of the City shall have as a
salary review date the date upon which he or she shall next be eligible
for cons~tion of a merit ste9 incx~ase. However, any approved leaves
of ~sence without pay ex==~lin~ thirty (30) 'days will result in the
establ~ of a new r~view date. Suc~ date shall be based on the
.
existir~ salary r~view date plus the number of cal~ days of leave in
"ex=ess of ,tb4~y (30) days, Salary adjusU~m~s such as normal increases
and pr~=fcions shall be m~de at the.~ of the pay period closest to the
employee's salary review date unless otherwise authorized by the City
~~r.
General. Ail new employees shall normally be appointed at the "A" step
of the salary rathe in effect for the class in which the appointment
is made. The City Manager may, ~er, approve initial City
emplc~ at a salary rate up to and including the final step of the
salary range for cause, such as difficulty in recruit~, previous
experience, or other related factor.
Temporary ADpointees. Persons employed or re-employed for temporary
or seasonal service may, upon written r~cc~endation by the Department
Head and approval by the City Manager, be compensated at any rate
establ~ed for the class.
E.. Normal Increase Within the Salary Ranqe. Full-time employees may be
considered eligible for ~ in salary according to the following
schedule. Part-time position classes having salary ranges with less than
five (5) steps may have a different criteria or schedule for advancement
prescribed by the City Manager.
(1) The letters, A, B, C, D, E, F and G respectively, denote the various
prugressive steps in the pay range.
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(2)
· :Employee. sb~ be eligible to move from salary step "A" to salary step
"B" upon compl~~ of six months of employment where the employee b~
(3)
employee's salary ~ upon cc~pl~~ of one year at the salary step
where the em91~ b~ demonstzated satisfactory perfo~.
(4)
For n'l'l ~loyees eligible to a~vancs Detain salary .~aps the
Department Head shall submit to the Personnel Department a written
~aluati~ a~ ~-~_~->~,~,~,~ ~i~ to a~we, delay, or deny the
advanc~m~fc. Ail advancements between salary steps are subject to
F. Salary in Other Instances. Other salary adjustments will include:
· .
(2)
F~qer, adj~ the salary rate of an ~ of a particular
..p sitim to any step within the salary rathe for that class.
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to the low~-t step of the new salary range whi~ allows an increase
over salary at the t/me of promotion. ~ De~t Head may
~ assignment to a higher salary step based on special
c/zuumstances. Date of p~on will est~_blish new salary r~view
date and employee shall be eligible for next merit increase, based
on salary step, in a~ with Section 5.E of these rules.
(3)
Salary on Demotion. An employee who is demoted shall have his or
her salary set at a salary step in the range for a lower class as
follows:
(a) Involuntary Demotion: To any salary rate which is less than
employee's salary rate at time of demotion.
(b) Voluntary Demotion: To the highest salary rate which does not
excccd the employee's salary rate at time of demotion..
(c) Employee shall be eligible for next merit increase, based on
salary step, in acco~ with Section 5.E of these rules.
(d)
An employee who is demoted shall not be required to serve a new
probationary period, except that if demoted to a class in which
the employee bn~ no previous experience a probationary period of
one year will be r~.
Page 14
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(4) Salary o~ Transfer. Any employee who is transferred shall continue to
rmcei%e the samm salary rata and salary, review date ~hall not change.
(5)
sa~ar~_ .Range ~: ~lenever a class is reassigned to a higher
salary range,- ~ salary of each ~ on-the effecti've date of
(6)
~_~ec~K~Dsation for Portion of Pay Period. A regul~ or probationary
appo~ serving on a full-t/me basis who w~rks less than a full
bi-wmekly pay-period, ex~ when c~ authorized leave of absence with
pay, shall receive as ___~3~T?nsation for such period an amount equal to
the number of hours w=~ked t/roes the em~l~'s hourly rate.
The number of hours worked in suc~ pay period shall include paid
Overt/me and Additional O:mDensation. A Department Head may prescribe
r~m~hle periods of overt/~e work to meet operational needs of the
department. Ex~ as otherwise provided herein, overt~ shall either
be paid at the hourly equivalent of :the employee's monthly salary rate or
grmnted as equivalent ccm~er~a~ time off. ~he method of compensation
shall be at the ~o~ of the De~ Head.
...
'(1) F~!-time Probationary ar~ Regular ADDO~. The-following provisions
shall apply to a] 1 fuil-tim~ rs]ular and proba~o~ appointees.
(a)
F~u~er shall be ~ted in accoz~nce with the appropriate
salary resolution ancot M.O.U.
(b)
Ca~l-Back Duty. In addition to star~by compensation, if any,
employees in classes designated by the City Manager shall receive
call-back ~tion in acco~ with the appropriate salary
resolution and/or M.O.U.
(¢)
non-management general employees as established in the appropriate
salary resolution an4/or M.O.U.
(2)
Other Employees. Part-~,. temporary, or provisional employees shall
be paid at the hourly rate established for their class based on the
number of hours actually worked.
He
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(3)
Jury Duty. No deduction shall be made in the salary of an employee
_ _
who serves on a jury if he or she has remitted to the City the fee
for such jury duty ex~ subsistence ar~ travel allowances. If the
employee b~-~ not so remitted the jury fee, b~ or she shall be paid
.only for the time actually worked in the City position. An employee
accepted for jury duty shall immediataly notify the Department Head
in writir~ whether or not the jury fee will be remitted to the City.
(4)
Shift Briefinq. No overtime credit shall be allowed positions such
as in the Police Department for briefing sessions prior to the
commencement of their assi~ shift. ~ De~ involved,
however, shall attmm~ to provide' equivalent time off for lunch or
other per~x~l matters where possible while maintaining the work shift
at the level est~h_lished by these rules with available person.
(5)
Tra~ and Qualifyinq Time. No overtime credit shall in general
be allowed for trairutng classes or where required by the department
exm~pt for regular semi-monthly weapons qualifications. The
Department Head may approve specific special training exercises at
which cc~per~ati~ will be authorized, however.
Educational Incentive Compensation. ~ All employees, except Department
Heads, shall be eligible for Educational Lncentive Compensation in
aoco~ with the appropriate salary resolution ancot M.O.U.
,.
Bilin~ Pay. Employees shall be eligible "'for bilingual pay in
accordance with the appropriate salary resolution an4/or M.O.U.
Page 16
ae
ADDlications. Anncunceme/T~s of openinqs shall be publicized as determined
by the Personnel De~ to comply with the purposes of the merit system
and shall r~zmally specify 'the title, salary, nature of work perfornm~,
qualifications rmquired, and manner of mak/r~ application. Applications
shall be made as provided by the Persc~a~el De~. Ail applications
filed c~ time by a qualified person shall be accel:ed unless rejected for
Exam/nations. ~e ~ Department shall measurm and rank the relative
capacities of the persons e~m/ned to perform within that class by using
test, ~ychiatric test, character ar~ credit investigation, an~ evaluation
of work sample or daily ~=k perfo~.
l)
P~ional and O~en ~t~ticn Examination. Ail vacancies shall be
filled by open, competitive e.~mmination except as otherwise provided
specified in the open, competitive examination announcement may compete
therein. Promotional exam/nations may be used to fill vacancies when
detezmined by the City Manager to be necessary, not likely to have an
adverse effect on tb~ CitySs Affirmative Action program and in the best
interests of the City. Only ~_rsons who meet requ/rem~ts set forth in
Scorinq Ex~tions. A candidate's score in a given examination shall
be the average of b~ or her scores on each competitive part of the
exami/mation, weighed as shown in the examination announcement. Failure
on one part of the e~am/nation may be gruunds for declaring such
applicants as failing in the entire examination or as disqualified for
subsequent parts of an examination. The Personnel Department may
include tests which are qualifying only and not averaged in candidates'
.Page 17
(3)
Notification of Results. Each candidate shall be given written notice
of his or her e~mination results. In the csse of a written
ex~mination, any candidate shall-have the right to inspect his or her
own exmmir~tic~ papers within five (5) workin~ days after the notice of
proh/bits a review of the test. Grad/r~ errors called to the attention
sb~] not invalidate ap~ointmsnt~ previously made. Appointments shall
be delayed until expiration of the inspection period unless an excaption
(~)
~%~a~oti~ and Ooen. Appli~ who have qualified in the
ex~m/x~tion shall be placed on prc~otic~] or open employment lists
as the case may be, in the order of their competency from the highest
to low.st. Such lists may remain in effect for one cal~ year
unless extended by the Persor~el Degartment for a maximum of two six
(6) m~th ~Uiti=ml ~ri~, units ~xx~r ~ma~. o~m
em91o~ lists may be ~ a~ the result of continuous
ex~md_nat~cn with ~~ piaced o~ such lists for one year and merged
with any ~ already c~ the 1/st in order of. final scores. New
pr~z~%~ or open ~~ ~ists my b. ~qu~-t~d by the City
Ma~a=3e~ when they contain few~.r than thrme names or..for reasor~ble
Re-emD%oyment Lists. ~he ~ of probationary and permanent
empl~ who have ~ laid off pursuant to these rules may, upon
r~ at the time of lay-off, be placed on appropriate re-
empl~ lists, in the order of ~ ~tanc7 and service,
for a period of one cal~ year unless sooner' re-employed.
(3)
Remova~ of Names. ~he Perscr~el DeDartment shall notify and
remove the name of any person appearing on any list if such
person rmques~ removal, resigns from the City service, or
fails to respond without ~ to a scheduled interview of
Page 18
(:L)
certified according to the followirg priority: re-employment list
(.mgndatoxy), transfer or demotion, pr~m=tion list (pref~), open
ccmpetiti~ list. A physical examination is a prerequisite to
employment with the City of
(2)
Eligibles Not Available. In the a~ence of eligibles fr~ which
appo~ may be m~d~,, a person mcct/ng the employment standards
for a vacant position may be given a provisional appoin~t or
temporary appo~ to a t~mporary position. The appoin~t shall
be subject to acceptance by the Persc~nel Department that the
applicant ~ the .emplo~ standards before becom/rg effective.
An emplc~ list shall be estm_h_lished within six (6) months for any
permanent position filled by a provisional appo~t. No special
credit shall be allowmd a provisiom~! or tempo~ appo~t in
m ming employment standam s for any open competitive e mination,
in de~xm/r~g rights under these rules, estm_blishing eligibility for
benefits, or acjm~nst the proba.~ionary period. Provisional appoint-
ments shall be made for a period not to ex=c=~ six months.
(3)
Pro~ect-Am~ointment. Project employmms are those employees who hold a
posit, ion which b~- bean authorized by the City .Council for a prescribed
period of time or for the d~ration of a specified project. Project
eml~loyems sb~l] be em~lo~ as if for norm~l employment ar~ shall be
given writtan notice of the limited nature of their employment and
of the fact they shall not earn the right to empl~ past the
period authorized. Project employees shall receive the normal fringe
benefits to which they w~uld otherwise be entitled if permanent
(4) ~ Appointment. The City Manager may employ such persons as
may be nacded for the period of an emergency which threatens life,
property, or the general w~lfar~ of the City, without regard to the
(5) Contract Appo~. ~viduals who perform work on a contract
basis for the City shall not be considered as employees for the
purpose of these rules and shall be entitled to only those benefits,
rights and privileges as outlined in the employment contract.
SE~ON 7...FRO~~ PERIOD.
ao
Rem~ar Apoo~ Followin~ Probati~' Pe~cd. 'Ail origin] and
pr~m~ional appointmerfcs shall be tentative and .subject to a probatio~
period of not less than one year, provided, ~er, that the Department
'Head may z~__-.~...~d to the City M~nager to exter~ for a period not to exceed
~ (90) days the ~=obati~y ~riod of any e~loyee of the City. The
City O:uncil may, by resolution, establ~ a longer probationary period for
At the end of probation, the De~ shall submit to the Personnel
De~ the ~te doo2ma~ation designating release from probation
or termination°
Be
Objeqtive of Probatiormrv Period. The probati(x,,azy period shall be
regard~ as a part of the ~ ~ and shall be utilized for
ob~rv/r~ the emgl~'s w~xk, for securir~ the most effective adjustment
of a new employee in the position, and for rmjecting any probationary
empl~ whose perfoz~a~ce does not mcct the regu/red standards of work.
c. Rejection of Probationer.
,.
Reject!'~On of Probation~ ~ Probationary_ Police Officers. During
the probationary period, an em91~ may be r~jected at any .time by the
wi~ the right of appeal. Notification of rejection in writing shall
Rejection of pTobationarv Police Officer. During the probationary
period, a probationary police officer may be rejected at"any time by
the De~ Head with a~ of the City Manager without cause.
Wri~ notification of the pr~ rejection shall be served on the
probationer, along with notice of the right to an administrative appeal
to the City Manager or his designee pursuant to Goverrm~t Code Section
3304(b) and Section 12.C. of these Rules and Regulations.
De
Rejection Following Promotion. Any e~loyee rej~ during the
probationary period (following a promotion] appointment)-shall be
reinstated to the position and status from which promoted unless he or she
shall have been disc~ed, suspended without pay, or shall have resigned
E,
~ion During Probationary Period. An employee promoted to a position
with a greater maximum rate of pay than the original appointment shall be
deemed a new probationary employee and will commence a new probationary
period on the effective date of the promotion.
Page 20
F®
Extension Due to I~ave of Absence. Any leave of abeence without pay
exuccdi~ fifteen' work days ~1 =~ U~ employee's probationary period
to be ~ by the number of days of such leave that are in excess of
fifo~n (~) ~.
Page 21
SEC'TI(~ 8. ~CE & T~'a. VES
Be
Ce
Attendance. Em91~ shall be in attendance at work in accor~_ance with
the rules re=jarding bxxzrs of work, holidays, and leaves.
({) Ail D~ shall keep daily attendance records of employees which
shall be re~z~d to the Finance Department in the form ar~ on the
(2)
Any employee who is absent frc~ duty sb~]l report the reason for such
absence to the De~ Head or immediate supervisor prior to the
date of expected absence whenever possible and in no case later than
tmo (2) hours after the beg~ of one's normal work shift, except
in the Police Department where such notice sb~]l be two (2) hours be-
fore the beg/nn~ of the employee's normal work shift. Absences not
re~x~ed in such manner may be cons~ absence without leave. A
deductic~ of pay shall be made for the duration of any absence without
leave. Upon retuzn to work, such ak~m~ce shall be justified to the
De~ Head who shall consider the ~ for ~ discipl/nary
(3)
Failure .on the part of an employee absent without leave, and without
reasonable cause, to r~mrn to duty as established ~ written notifi-
cation to return shall be cause for imm~liate d/scb~rge.
(4)
Failure on the part of an employee absent without leave, and without
reasc~ hle cause, to report to work for three (3) consecutive work
Hours of Work. Unless otherwise prmscribed in writing by the Department
Head the work w~ek, work shift, and work schedule for each position shall
be as follows:
(1) Work Week. ~e work week for all full-time positions shall be forty
(40) hours.
(2) Work Shifts. ~e work shift: for all full-time positions shall be
eight (8) hours ~ as otherwise approved by the Department Head.
(3) Wor~ Schedule. Work schedules for each position shall be as
of S~_wvioe ~=c.~,~~. Cont/nucus service, as r~ for
within salary ~ and for other ~ specified in these
De
E®
Page 22
Authorized leaves of absence withcut pay of thirty (30) days or less and
leaves of ak~ence with pay for any period shall not constitute an
interruption of an employee's cont/nucus service and shall not be d~ducted
in ~ total City service. Authorized leaves of absence without pay
in ex~ess of thirty (30) days shall be deducted in ~ an employee's
total City service for advancement in salary range'~ for other pu~
A~ of Leaves. Any'leave of absence, including Genezal Leave, in
exn~ of tb~y (30) days duration, must be approved by the City Manager.
Department Heads will approve employee leaves of thirty (30) days or less.
General Leave. General leave is a multi-purpose leave providing for the
r~cds of the employee for vacation, personal affairs, and non-job-related
il~ or injury.
(1)
(2)
(3)
General leave with pay is granted to each full-time re. ar and
~batio~ary ~lqee at the rates established by the appropriate
salary resolution and/or M.O.U.
General leave may be a~nmulate~ to a maximum of twice the employee's
annual entitlement. Any general leave exceeding the authorized max/m~m
accumulation shall be forfeited as of the first pay period following
Januazy I of each year or upon term/nation. Employees shall be
grant~t x~escmable o$~ortunity to use ezz~ss general leave before having
it forfeits1 4us to emmss accumulation.
Each full-time .re. ar .aDd probationary member of the ~lice De~t
my schedule his or her annual leave in connection with normal days or
shifts off so as to receive sixteen (16) ~ive calendar days or
more of vacation in acco~ with these rules and regulations and
Sections 38634 and 53250 of the Gov~t Code.
(4)
Generul leave may not be used at the tim of termination of employment
and all accrued but unused general leave credits shall be paid off at
the employee's ~ hourly rate except that no payment shall be made
to an employee who b~ not cc~pleted six (6) months of continuous
service nor shall any payment be made for unused credits in excess of
the maximum accrual of these rules.
(5)
When, in the judgement of the Department Head, based on an objective
hlvestigation, the ~loyee'$ explanation of alleged sickness is
ir~_dequate, he or she shall indicate on the payroll form that the
ab~_nce was ak~ence without leave, and without pay. In addition
thereto, the De~ Head may impose such discipline as in his or
her discretion seems warrarfced.
(6)
~%e time during the cal'~ year at which an e~ployee may take leave
shall be determ/ned by the Departs_hr Head with particular regard for
the r~s of the service and with consideration for the preference of
Page 23
(7)
In the event one or more municipal holidays fall within a general
leave period, such days shall not be charged'as general leave.
(8)
General leave sb~!t not accrue during any leave of ab~_mce without pay
of a non-j~~a~ nature. General leave accrual during Long Term
Disability Leave sb~]l be as cutlined in the appropriate plan document.
(9) Pay in lieu of general leave will only be granted upon termination of
City employment, or upon a finding of b~-~hip by the City Manager.
F. Accumulated Sick Leave
(1)
(2)
Each employee sba]_l have the option during the month of January of each
year to cor~ert four (4) ~ of heretofore accrued sick leave to one (1)
additional hour of general leave, with a maximum conversion of sixty-
four (64) hours acomulated sick leave per calendar year to sixteen
(16) hours of additior~al g~ leave.
Any employee requ/red to be off work due to illness or injury for three
(3) consecutive work days or lor~er may request permission to use
accumulated sick leave to his or her credit, if a~f,. ~ing with
the fourth day off and cont/nu/ng until 'his or ~her return to work. In
tb~ event any empl~ is required to be off work for more than seven
(7) general leave days, whether consecutive or not, per year, due to
illness or injury, the employee may request that all additional required
t/me off due to illness or injury be charged to the accumulated sick
leave existin~ to his or her credit, provided the employee indicates
the nature ar~ reason of the absence to his or her department at the
time of ~.
(3)
Use of accumula~ sick leave is subject to City's right to require a
physician's certificate, perscr~ affidavit, and/or other evidence of
the adequacy of the reason for the employee's absence.
(4)
When, in the judgement of the DeDartment Head, based on an objective
ir~estigation, the employee's explanation of alleged sickness is
inadequate, he or she shall indicate on the payroll form that the
absence was absence without leave, and without pay. In addition
thereto, the De~ Head may impose such discipline as in his or
her discretion seems warranted.
(5)
Termination of an employee's continuous service shall abrogate all sick
leave accrued and unused to the time of termination, reqardl~ of
whether or not such person subsequently re-en~ the City service.
Employees shall not be entitled to receive any payment for unused sick
leave accrued to his or her credit at the time of termination of
employment for any reason including retirement for service or
disability, resignation, death or dismissal.
Page 24
Ge
Holidays
Any full-time regular or prubationary employee whose regular schedule
re~res Dim or her to work on a holiday shall be compensated in
aocozdance with the appropriate salary resolution and/or M.O.U.
(2) This section shall not apply to any ~loyee hired on a part-time
te~oorary, extra help, hourly, or daily basis.
(3)
Employees shall be eligible for those holidays provided in the
ap~te salary resolution, an4/or M.O.U., subject to the other
provisions of this section.
(4)
For each designated holiday, full-time regular and probationary Police
Personnel on shifts shall be compensated in accordance with the
appropriate salary resolution an4/or M.O.U.
H. Ot~e~ Leaves of Absence.
(1) Leaves With and Without Pay%
(a) 30 Days or I~ss~' Upon the written reccm~endation of the
Department Head, the City Manager may authorize special leaves
of absence without pay for one or more periods not to ~
tb~zy (30) days in a cal~ year for any purpose deemed by
the City Manager not to be detr to the City.
(b) In Excess of 30 Days. ~he City Council may, upon' the
~tion of the City Manager, grant leaves of absence
with or without pay in excess of thirty (30) days for purposes
deemed by the City Manager to be beneficial to the City.
(2)
Military I~ave. Member of the National Guard or Military Reserve
ordered to annual military duty, excluding weekend and other
routine drill periods, who is a full-time regular or probationary
employee, and who b~ not less than one (1) year of City service,
shall receive full salary as provided in the State of California
Military and Veteran's Code, for a period not to exceed thirty (30)
cal~ days per year. Such 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 of 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. The City reserves the right to schedule Police
Department employees and other flexible schedule employees so that
drill periods coincide with ordinary off-duty time for which the
employee will not receive compensation.
Page 25
(3) Jury Duty Leave. All employees will be encouraged to serve on
jury duty when°:~amm~. Any futl-~, .r~ar or probatio~
.employee on jury. duty will receive full City salary. All amounts
payable to the employee for jury duty exuept for mileage and
subsistence ~, will be paid by the City.
(4) PT~c~lar~7.
(a)
..
In all cases of prec3nancy, the employee shall furnish the City
a sta~ frcm her ~hysician givir~ the anticipated date of
delivery and the opinion of the physician as to her ability to
perform her nozmal work assignment. Such statement shall be
furnished as soon as practi~le after a determ/nation of the
prmgnancy b~ been made.
(b)
A pre~lant employee will be permitted to work as long
as, and return to work when, she is able to safely perform the
duties of her position as recxxmmended by her attending
physician, and as approved by the City-designated physician.
(¢)
A prec3nant employee sb~l.1 be allc~ed to be absent for the
period during which, in'the opinion of her att~ physician
temporarily disabled because of pre~nanc~, m/scarriage,
disability shall be treated as any other disability pur~,~nt to
the general leave and long term d~hility leave provisions of
these rules. Additional optional leave of absence may be
granted upon the request of the employee and the approval of
the City.
(5)
ndu i'.al Disability Leave. Any public safety employee of the
City who is a member of the Public Employees Ret~t System and
is disabled temporarily or permanently by injury or illness arising
out of and in the course of job duties, shall be paid in accordance
with all applicable laws. Such salary shall be in lieu of
Any employee,' other than public safety employees having a full-time,
regular appointment, who, by reason of a bodily injury occurring in
the ccurse and scope of employment, as contemplated by the Worker's
Compensation laws of the State of California, is disabled from
performing the duties of his position to a substantial degree,
shall be paid:
(a) Full salary up to a maximum of three (3) months if they have
less than three (3) years 'of city service.
(b) Full salary up to a max/aura of six (6) months if they have more
than three (3) years of city service.
(c) Benefits will be terminated upon any of the following:
Page 26
(2) Temporary disability pa~ are terminated by means
of agreed settlement or l~emmanent disability rating.
(3) Emplcye~ ~ fru~ city service.
~he City rmsezves the right to rmquire an employee to return t6
work if such duties as would not be prohibi~ by the nature and
~ of disability can be provided, and to requir~ an exmmination
by c~ medical authority to determine the employee's
Disab~ity leave for all employees shall be subject to the
following condi~~:
(a)
(b)
(¢)
Prior to the t/me the Wgrker's Compensation laws provide
o~~tio~ payments, the City shall pay regular wages or
..
~%e_~fter, the' City will pay only the difference between the
Worker's C~pensation benefits and the employee's regular wages
or salary. To facilitate payment and administration, the City
properly endorse and deliver to the City all checks received as
payment for temporary disability under the Worker's Compensa-
tion laws.
During the time that employee is disabled by reason of bodily
injuries incurred during the course and scope of employment,
neither general leave nor accumulated sick leave shall be
charged for the purpose of paying cc~per~a~on leave benefits.
(d)
Any regular, full-time employee 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 or she received compensation
payrent~ ~ the provisions of the California Worker's
Compensation law.
Lonq Term Disability Leave. Any full-time, regular employee who is
totally disabled by reason of a bodily injury or illness (including
pre~T~r~;) incurred either on or off the job, shall be entitled to
receive Long Term Disability Benefits in accordance with the
current approved Long Term Disability Plan.
Page 27
(7) Bereav~ Leave... The City shall allow time off for bereavement
leave in accordance with the apprc~riate salary resolution am~or
M.O.U.
Page 28
ae
Transfer. After notice to the Personnel Department, an employee may be
transferred by the City Manager 'at any time frc~ one position to another
position in the Same or comparable class. .
Be
Ce
p~on. ~ possible all vacancies within the City service shall
be filled by pr~z~cional ex~ninaticn. ~he City Manager may conduct a
cc~b~ pz~oti~], open, competitive ex~dr~tion when, in his or her
j~, this procedure will expedite the filling of a position with the
most qualified irzlividual available.
De tion. Upo re=x ndation of the Head, the City Manager may
demote an employee whose' ability to perform requ/red duties falls below
star~ard. Upon request of the employee, and approval of the De~t
F~ad, a voluntary demotion may be made. No employee shall be demoted to a
position for which he or she does not possess the rain/mum qualifications.
Written notice of the demotion shall be given the employee not less than
ten (10) working days prior to the effective date of the demotion and a
D. Suspension. An employee may be suspended, with or without pay, at any time · for cause. ,:
(1)
(2)
The City Manager may suspend an employee at any time for cause.
D~ 'Heads may suspend a subordinate employee for not more than
ten (10) working days at any one time. Suspensions excccding ten (10)
working days, or more than one (1) suspension within a thirty (30) day
period may be rode only with the approval of the City Manager.
(3)
(4)
In all cases, the employee sbm] 1 receive written notice including the
effective dates of suspension, the grounds for suspension, and notice
of the right to appeal the action.
During any period of suspension without pay an employee shall forfeit
all rights, privileges and salary except the employee shall not forfeit
insurances or retirement benefits.
(5)
An emerg~ suspension not to' exceed five (5) working days may be
imposed to allow time for an investigation which may lead to
discipl~ action against an employee. If, at the end of that time,
disciplinary action is not taken the employee shall be reinstated with
full pay and benefits, provided, however, that nothing in this section
shall prohibit future disciplinary action, including suspension without
pay, to be taken based on further investigation of the charges.
Page 29
.Reinsta~. Upon recc~z~nda~ of the Departman~ Head, and with the
app~ of the City Manager, a pelm~m-~nt employee who b~a~ resigned with a
good record may be reinstated to his or her former position, if vacant, or
to a vacant position in the same or ccm~arable class. Upon reinstatement,
e~pl~, for all purposes, shall be c~nsi~ a new employee.
Page 30
A.' D~%r~e. · An employee may be discharged by 'the Department Head with
at~ of the City Manager whenever cor~u~ On the job so warrants.
Be
Lay-off. Empl~ in tb~ service may be laid off because of material.
charge in duties or organization, shortage of work or lack of funds. Ten
(10) workin~ days before the. effective date of lay-off, the employee shall
be notified of the intended action with reasons therefore. The Department
Head shall provide to the City Manager a statement certifying whether or
not the services of the employee have been satisfactory and, a copy of such
notice sb~] 1 be given the employee affected. The name of the employee laid
off shall be placed on the appropriate employment list as provided by these
rules, if certified as havin~ given satisfactory service. Any ~loyee
reoeiviz~ notice of la~-off p%~s%~t t~ this seotion shall have the right
to bum~ 4own to a ~lassification of lowsr salary previously held by said
~1~ if mn~ i~mm~ent in such ~lassification has less seniority of
Ce
Resignation. An employee wishing to leave the service in good standing
shall file with the supervising official, at least ten (10) working days
before leavirg the service, a writt~ resignation stating the effective
date. ~he resignation sk~l be forwarded to the Personnel Department with
a statement by the De~ Head as to the resigned employee's service
· perf~ ar~ other pertinent information,°. Failure to cc~ply with this
rule shall be entered on the service record of the employee and my be
cause for denying future empl~ by the City. The resignation of an
employee who fails to give notice sb~l be reported to the Personnel
by
De
Disability.... An employee will be trar~f~, demoted, or separated for
disability when he or she cannot perform the required duties because of a
physical and/or mental impa~t after receiving those benefits provided
him by Section 8 of these rules. The City may require an examination of
the employee at its e~pense and performed by a physician, psychologist or
psychia~~ of its choice when any issue of an employee's possible
disability arises. A disabled employee my be retained by the City in a
position for which he or she is qualified, if deemed reasona_ble and
appropriate by City Manager.
E®
Ret~. When an employee meets the conditions set forth in these
rules and retirement plan regulations, the employee may elect to retire and
receive all benefits earned under the retirement plan.
Fe
Disability Retirement. In the case of an employee other than a police
de~ local safety member, disability status and entitlement to
retirement shall be established by the Public Employees' Retirement System.
For a police department employee who qualifies as a local safety member,
the determinations as to whether that employee is (1) disabled, and (2)
Page 31
whether such disability was ~ly caused, shall be made bY the
Pmtire~nt Review Board consistin~ of. the City Manager, the Finance
D'Lrector, ar~ a tb~wd Department Head as may be designated from. time to.
time by the City Manager. ~he City Atto~ shall act as legal advisor to
the 'Board. The Personnel D/rector or desigr~ shall present evidence to
the ~mtirement Review Board concernin~ the disability of the .employee.
Determinations of the ~ Review Board shall be submitted to the
City Ccunc~ for adoption and certification to the Public Employees'
shall be final.
Page 32
ae
Right to File Grievance. Any employee shall have the'r~'ght to file a
gri~ as provided in the rules without fear of reprisal. Such a
gri~ is an informal ~tive approach to seek relief from a
probl~n irm~lvin~ any aspect of job conditions except one relating to
stt~pensior~, ~ons, 8~_~m~.~_~L~ or lay offs with an unsatisfactory
rating, ~herein the provisions of Sectim 12 would apply. An employee
shall have the right to be re~ by the authorized labor
r~tive in a gri~. Grievance must be filed within 30 days of
alleged situation.
B. procedure. The steps of the grievance procedure are as follows:
(1) ~he employee concerned shall first make efforts to resolve a grievance
with his or her immediate supervisor.
(2) ~he employee may next request a personal conf~ with the Depart-
merit Head to resolve the matter.
(3)
tf not satisfied, the employee may reduce the grievance to writing.
~he complaint shall set forth all the facts necessary to under~
the is~,_es involved and-' shall be free of any charge or language not
~ to the real issue involved. The grievance complaint shall be
signed by tb~ employee and submi~ to the De~ H~ad within
two (2) five ($) workir~ days of the personal conf--.
(4)
The Department Head shall investigate the facts and issues and reply
in writing to the employee within five (5) working days, stating the
de~'s conclusion and view of the issues involved, and correct-
ive action which will be taken if appropriate. ..
(5)
If the employee wishes to discuss the grievance further, he or she
sb~ll notify the Departing_hr Head and City Manager within _~.;~_ (2) -
five ($) workin~ days. The Department Head shall immediately send two copies
of the original complaint and two copies of the reply to the City
Manager.
(6)
The City Manager shall meet with the employee and Department Head
within ten (10) working days and an earnest effort shall be made' to
arrive at a satisfactory conclusion of the issue. The City Manager
shall ~ & ,,de nov~, meetin~ to hear the grievance. Alt~h
a 9rievance is an infozmal adminis~~ve approach, the ~loyee
(or the em~l~,s reg~tative) and the Department Head are
present evidence.
Page 33
(7) Within five (5) working days, the City Manager shall respor~ to the
employee ~ De~ Head rmgardir~ his or her conclusions,
findings and decisions or provide notification of extension with an
expected date of decision provided, however, this period may be
·
Page 34
ae
Prm-disciDlinary Hear~. An employee who b~ attained a regular
appo/ntment shall have a right to a pre-disciplinary hearing before the
D~ Head whenever the employee my be subject to dismissal,
demotion, or a~y 'suspension withcx~ pay.
Be
Procedure ~or PTe-disc~plinarv Hear~. Notice of the proposed action
sb~l] be provi~ the employee along with a statement of the reasons
therefore, a copy of the dmarges, and the materials upon which the charges
are based. ~he employee shall have five (5) working days to respond
orally or in writing to the charges. ~he De~ Head shall provide
the employee with a Notice of Action taken which will state the action
taken, the reasons therefore, and the penalty imposed, if any. The
foregoing pr~z~dure may be bypassed in ~~ situations.
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A~ to the Cit7 Manaqer.. An employee shall have the right to appeal the
decision of the De~ Head to the City Manager. To be entitled to such
review, the employee must notify the City Manager of the intent to appeal
within ten (10) days after receiving the Notice of Action Taken. The
employee must state in the notice to the City Manager the basis for the
-""'~'""'"~" ~ --'~--~ '~ ~- ~'"'~'""' '"'""'"~'"" T'ne decision of the City Manager
sb~]'l be final in all rest-ts ~ as pr.~vided in ~ion D, and shall
be final for the purposes of the Tustin City Code Section 1140
(administrative Mandamus).
The City Manager, in his or her sole d/scretion, may delegate am/ I)e~&t'~t
Hea~ ~--~ ~--~--..~--i D~~-_r as the heat'.lOg officer for the appeal as long as
the ~ Officer is n~t tbs I:~ax~t Director of the ~loyee who is
a~m~mling. If a De~t Hea4 ~.c ~-~c.-~l D~cc~ -.vt is designated the
hearing officer, he or she shall serve in a fact finding capacity and make
findings of fact and ~ a decision for the City Manager's review.
The City Manager shall make an indecent decision based on the fir~s of
fact and r~ not adopt the recommendation of the hearing officer.
De
City Council Review. Notwith~ the fact that the City Manager's
decision is final in all respects, the City Council reserves the right to
review the decisions of the City Manager in cases that it deems as
exceptional.
Page 35
SECTION 15- ~ OF EMPLO~
ae
~-~inin~. The City Manager and D~ Heads shall prepare and conduct
ap~te tra~ programs. Such programs may include lecture courses,
_demor~rations, assi~ of reading mattar or such other devices as may
be available for the purpose of improving the effectiveness a~d broadening
the knowledge of munici~ employees in the perfo~ of their
Be
Credit for T~.: Participation in and successful completion of special
trai~ courses may be consi~ in making advancements, and promotions.
Evidence of suc~ activity shall be filed by the employee with the City
Co
Tu~t%0n Re~. Employees shall be ~ged to further their
acsdemic education and trair~ in those areas of benefit both to the
employee and to the City. Full-tire employees will be eligible for
~ of tuition by the City for professional and technical courses
appropriate salary resolution and/o~r M.O.U.
De
Seminars and Conferences. Employees shall be encouraged to continue their
professional development t_hrouc3h attendance at approved semi~ars and
Page 36
ao
Personnel cards. The Persor~el De~t shall maintain a service record
for each employee in the service of the City showing the name, title of
Be
C~_ of Status t~rt. Every appo~, transfer, promotion, demotion,
change of salary rate, and other temporary or permanent change in status of
Ce
applications, examinations, and reports may be destroyed in accordance with
exist/r~ legal guidelines. Any temporary record may be de~~ at any
time by the City Manager before the expiration of one year with the consent
of the City Council and the City Attorney.
Do
En~loyee Access. Every employee s~]l have a right of access to his or her
personnel file ar~ every document there/n at a time and place designated by
Personnel. Employees shall.-be allowed to review their file only under, the
supervision of the Personnel Department.
Page 37
'- ao
Retirement, ~he City is a member of the Public Employee~' Retirement
System (PERS) of the State of California in order to provide ret~t
benefits to employees and is subject to the benefits and regulations as
City, is al°term/ned by the employee's category of membership (e.g. "public
safety' or '9~t~:ellaneous") and salary. ~p in PERS is mar_~____a_tory
for all full-time employees ar~ only full-time regular employees are
igible.
Be
Health Plan. ~he city will arrange to provide employees with comprehensive
medical coverage. Employees will be given a choice of a Health Maintenance
Organization (H~D) or medical insurance plan. Only full-time regular
employees are eligible to patriciate in the Health Plan and shall become
eligible for coverage after 30 days of employment.
C. Life Insurance. The City provides a life insurance policy on the employee
as an added fringe benefit. Only full-time regular employees are eligible
to sr c± te°
D. Other additional benefits, if any, will be provided in accord_ance with
the app te salary r otution an4/or M.O.U.
· .
Page 38
SECTION 16. 'MISC~.~ANEOUS RUTFR
ae
Political' Ac~vi~ While on 4uty no officer 6r employee of the city shall use
his or her position to infl~ any vote or for other political influence
within the City. An officer or employee of the City shall not knowingly solicit
political contr~ons frcm other City officers or employees unless done
incidentally to a solicitation of a larger .sec3ment of the public which my
~ude officers or employees of t_he City. No City officer or employee
shall participate in political activities of any kind while in uniform.
No City officer or employee shall engage in political activity during
work~ hours. Political activities are p~ited ~n all City premises
with the ex~ution that political activities may take place at the Clifton
Miller Ccmm~ty Center or City Council (2~3~ber when said facility has been
rented out for the occasion.
Be
Gi~ts and Gratuities. No employee shall accept, receive, or receive any
benefit fr~ any gift, gratuity, present, prc~ or service of any kind,
nature or value, which may be directly or ~y offered as a result of,
or anticipation of said employee's ~osition or performance of duties with
the City of TUstin.
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outside Empl~t. No employee shall engage in outside employment which
is unsuitable or in conflict with municipal ,.duties or ..responsibilities, or
which will lessen effectiveness as a City employee.
(1) Employees must obtain the approval of the Department Head before
undertakin~ any outside empl~. A record of the Department Head's
approval should be forwarded to the Personnel Departmant.
(2)
No city-owned equipment,, vehicles, tools or supplies shall be used by any
employee while the employee is engaged in any outside employment or
activity. No work related to outside employment shall be performed
during scheduled City work time.
(3) Employees shall not use the influence of City employment for personal
gain nor perform work subject to City inspection.
Page 39
A. Purpose. The ~ of this section is to impl~ Chapter 10, Division
4; 'Title I Of the Gove~ Code of the State of California (Sections 3500
et seq. ), captioned "Public Employee Organizations", by providing orderly
procedures for the administration of employer-employee relations between
tb~ City and its employee organizations and for resolving d/sputes regard/rg
wages, hours, and other terms and conditions of empl~t.
Be
Employee Rights. Employees of the City shall have the right to form, join
ar~ participate in the activities of employee organizations of their own
choosing for the purpose of representation of all matters of employer-
terms and conditions of employ. Employees of the City also shall have
the right to refuse to join or participate in the activities of employee
organizations and shall have the right to represent themselves individually
in their empl~ relations with the City. No employee shall be
because of exerc~ of -these rights.
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City Rights. ~he City shall have ~ exclusive right to determine the
m~-thods, means and personnel by whibh tb~ City operates in-accordance with
applicable legal guidelines, including state and federal laws, City
ozd/nances and any Memorandum of Understanding agreed to .with a majority
De
Formal Rep~tion Rights. ~he city, through its representatives, shall
meet and confer in good faith with representatives of employee organizations
having r~zgnized majority representation rights regarding rotters within
the score of representation including wages, hours ~nd other terms and
~tions of emplo~ within the appropriate unit. The City shall not
be z~quir~d to meet ~ confer in good faith on any ~h_Iect preempted by
F~ral or State law, nor shall it be required to meet and confer in good
faith on employee or City rights as defined in Subsections "B" and "C"
above. Pr~ ~-ts to this Section are excluded from the scope of
Ee
Informal Representation Rights- Ail matters affecting employer-employee
relations, includ~ those that are not subject to ~ting and conferring,
are subject to consultation. The City, thr~ its representatives, shall
consult in good faith with representatives of all registered employee
organizations on employer-employee relations matters which affect them.
Fe
A~br~aced Notice. Reasonable written notice shall be given to each
reg~ employee organization affected of any ordinance, rule,
resolution or regulation directly relating to matters within the scope of
representation proposed to be adopted by the City Council.
Ge
Recognition of ?ormal Bargaining Units. An employee organization that seeks
to reg~ for. ~ of consultation in good faith shall file a
petition with the City Manager containing the following information and
(1) Name and address of the employee organization.
Page 40
(2) Names and titles of its officers.
(3)
(4)
(5)
Names of employee ozganization .representatives who are authorized to
speak on behalf of its members. -
A statement that the e~loyee o~/ani~tion ~-~, as one of its primary
purl~oee~, the re~tion of employees in their employment relations
A statement whether the employee organization is a charter or local of,
or affiliated dirmctly or ~y in any manner with, a regional
or state or national or international organization, and, if so, the
name and address of each such regiS, state, national, or
(6) Certified copies of the employee organization's constitution and by-
laws.
(7) A designation of those persons, ...not exceed/rig two (2) in number, and
their addresse~, to ~ notice sent by regular United States mail will
be d __~me~____ sufficient notice on the employee organization for any
..
:
(8) A statement that the employee or=3anization recognizes that the
provisions of Section 923 of the Labor Code are rK~c applicable to City
employees.
(9) A statement that the employee organization has no restriction on membership
based on race, color, creed, sex, or national origin.
(10)
A statement that the employee organization ba~ in its possession
written proof, dated within sixty days of the date upon which the
petition is filed, to establish that employees have designated the
empl~ organization to represent them in their employment relations
with the City. Such written proof shall be suhnitted for confirmation
to the City Manager or to a mutually a~ upon disinterested third
(11)
A request that the City Manager re~~ the employee organization for
the purpose of consultation in good faith. The petition, including all
accc~pany~ documents, shall be verified under oath by the Executive
Officer and Secretary of the organization that the statements are true.
All changes in such information shall be filed forthwith in like manner.
The City Manager shall provide evidence of reg~tio, n, in writing, to
all employee organizations who have complied with this subsection for
purpcsgs' of consultation in good faith for its members. No employee
may be represented by more than one recognized employee organization
for the purposes of this section.
He
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Page 41
Petition for Maiorit7 Recoqni~ 'tion. An employee organization that seeks
recognition as the majority representative of employees in an appropriate
unit for purposes of ~ and conferring in good faith shall file a
petition with the City Manager, coincidental with or subsequent to filing
its request for reg~tion, conta/nir~ the following additional
(1) ~me job classification or titles of employees in the unit claimed to
be ap~:x~riats and the appzuximate number of member employees therein.
(2)
A statement that the employee organization has in its possession
written proof, dated within sixty (60) days of the date upon which the
petition is filed, to establish that at least thirty (30) percent of
the eligible employees, in the unit claimed to be appropriate have
designated the employee organization to r~p~ them in their
emplo~ relations with the City. Such written proof shall be
su~nitted for confirmation to the City Manager or to a mutually agreed
(3)
-(4)
A request that the City Manager recognize the employee organization as
the majority representative of ,~he employees in the unit claimed to be
a~$~x~ats for the purpose of ~eeting and conferring in good faith on
all matters within the scope of representation.
..
~ petition, incl--, all a~in~., documents, shall be verified,
urger oath, by the Ex~cuti~ Officer and Secretary of the organization
that the statements are true. All changes in such information shall be
filed forthwith in like manner.
Recognition of ~0rganizations. The City Manager shall determine the
majority representative, or absence of such a representative, of employees
in an appropriate unit by any reasonable method which is based on written
proof and designed to ascertain the free choice of a majority of such
(:L)
~ employee organization found to represent a majority of all
eligible employees in an appropriate unit shall be granted recognition
in writing designatir~ them as the only employee organization entitled
to meet and confer in good faith on matters within the scope of
representation for employees in such unit. This shall not preclude
other reg/stmred employee organizations, or individual employees, from
consulting with management representatives on employer-employee
relations matters of concern to them.
(2)
The recognition rights of the majority representative designated in
accordance with this subsection shall not be ~3bIect to challenge for
a period of one calendar year following the date of such recognition.
Page 42
Je
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(3) After one calendar year, if a majority rep~tive is found to no
lor~3er r~sent the. required majority of eligible employees in an
a~x~riate unit, the City Manager may revoke recc~ni~on of the
oz~3mnization as a majority rep~tive.
(4)
u~ r~ei~ of a ~liu ~etiti~ for majority recognition frc~ an
employee oz~3ani~~ for a unit which already ba~ a recognized
majority re~x~sentative, the City Manager shall arrar~e for an
election to determ/ne which organi~tion =ts the requ/rem~ts for
re~tion in accordance with this subsection and shall grant
recogni~ as appropriate.
Appro0riate Unit. ~%e City Manager shall have the right to designate
~te ur~its for separate majority representation as necessary.
Oesi_~nation of Cit7~'s Princioal Re0~tive. ~he City Manager is the
City's Personnel Officer and Municipal Employee R~atio~ Officer, and
shall be the CitySs principal representative in all matters of employer-
employee relations, with authority to meet and confer in good faith on
matters within the scope of reprO, tion, including wages, hours and
other terms and conditions of empl~t. ~he City Manager may delegate
(1) ,~m~ass~, means that the z~9~~tiv~s of the City and a P~x/nized
in qoo4 faith where their 4ifferences on matters to be included in a
(2)
Impasse procedures may be invoked only after the possibility of
settl~ by direct discussion ba~ ~ exha~. The ialoasse
procsdures are as follows:
(a) Mediation or Conciliation. The efforts of an inloartial third party
functioning as intermediary to assist the parties in reaching a
voluntary resolution to an impasse through interpretation,
su~g~~ and advice. Ail mediation proccculings shall be private.
The mediator sb~l make no public recc~m~ndatio~ nor take any
public position concernin~ the lssue,
(b) A Determination by the City Council. After a hearing on the
merits of the distafce.
Me
Page 43
Any other dispute-resolving procedures to which
the parties mutually agree or which-the City
Council may order. _
(3)
Any party may initiate the impasse procedure by filing
with the other party affected a written request for an
impasse meeting together with a statement of its
position on all disputed i~sues. An impasse meeting
shall then be scheduled by the City Manager forthwith
after the filing of the written request for such
meeting with written notice to all parties affected.
The purpose of such impasse meeting is twofold: (1) to
permit a review of the positions of all parties in a
final effort to reach agreement on the disputed issues,
and (2) if agreement is not concluded, to mutually
select the specific impasse procedure to which the
dispute shall be submitted; in the absence of agreement
between the parties on this point, the matter shall be
referred to the City Council.
(4) The fees and expenses, if any, of mediators or of any
other impasse procedure, shall be payable one-half by
the City and one-half by the employee organization or
employee.organizations involved.
Memorandum of Understanding. When the meeting and
conferring process is concluded between the City and a
recognized majority representative employee organization of
an appropriate unit, all agreed upon matters shall be
incorporated in a written Memorandum of Understanding signed
by the duly authorized City and majority representatives.
As to those matters within the authority of the City
Council, the memorandum of understanding shall be submitted
to the City Council for determination.
Rules and Regulations. The City Council may adopt such
rules and regulations necessary or convenient to implement
the provisions of this Section and Chapter 10, Division 4,
Title 1 of the Government Code of the State of California
(Section 3500 et seq.).
Adopted by City Council
Resolution #88-103
09/19/88