Loading...
HomeMy WebLinkAboutCC RES 78-126i 5 8 10 ii i5 i6 l? 18 19 2O 21 25 25 26 2? 28 ~9 ~0 RESOLUTION NO. 78-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE PERSON- NEL RULES AND REGULATIONS OF THE CITY OF TUSTIN. The City Council of the City of Tustin hereby resolves that the Personnel Rules and Regu!ations of the City of Tustin are hereby amended as follows: Ae Section 1, subparagraph C is hereby amended to read as foIIows- C. Discrimination. No person applying for employment by the City or employed by the City shall be discriminated against by ~eason of his or her political affiliations; race, creed, religion, national origin, sex, age, color or physical handicap. i Section 1, subparagraph D is hereby amended to read as follows: D. Violation o'F Rules. Violation of the provisions o'f these rules shaIl constitute grounds for dismissal, rejection o~ suspension. A violation shall not make dismissal, rejection or suspension mandatory but shall be given such weight as shall be appropriate in view of all the cir- cumstances. 3~ Section 1, subparagraph Ft is hereby amended Lo read as follows- H. _Application of RuIes. The provisions of these rules shall apply to ail positions and employees of ~he City of Tustin except: (i) Elected City Council Members; ~ ',~. y k; Elec,.ed nit Cler (3) Members of appointive boards, carn~'nissions, committees and agencies or, her t. han regular City employee's; (4) City Administrator; (5) City Attorney; (6) City Treasurer; (7) Persons engaged under contract to supply fessional, technical or other se~vicesi expert, pro- (8) Volunteer personnel who are no[ regular, salaried em- ployeesl (9) Ernergency employees who are hired to meet the immediate requirernen~s of an emergency condition, such as extra- ordinary fire, flood, or earthquake, which threatens life or p~operty; The provisions of these rules shat! apply to the' otherwise exerapt position of City Adrninistrator~ except when in conflict with the Tustin City Code or appropriate resolutions. The City Council shall appoint the City Administrator, Director of Public Works/City Engineer, Community Development Director, Chief of Police and' Parks and Recreation Director. The City Administrator she. Il appoint all other department heads. Depart,riehl heads shall appoint all positions within their respective departments. follows- Sec[ion 2, subparagraph (b) of "Examination" is hereby amended as 2 5 !& 15 16 19 :i ~0' 25 26 28 29 52 b. ~romotional Examination. An examination for a particular class, admission to the examination being limited to employees of the City who meet the qualifications of the class because of unique or special knowledge which could .only be acqu:,red throu§h on-the-job training with the City. - Section 2 is hereby amended as follows:' SECTION 2. DEFINITION OF TERMS ,. A. Definitions. The following terms, whenever used in these rules shall be defined as follows: Advancement - a salary increase of one or more steps within the limits of the pay range established for a class. ~Acting Appointments - the appointment for a limited period of a person wino is already a probationary or regular employee to a position in a highe~ class fo~ which'there is no employment list, or is [smp.oracily vacagt dt~e to a suspension, termination, or auth- orized leave of absence. Allocation - the allocation of a single posit;on to ,_h.~ proper class in accordance with the specifications for that class, or, the assignment of a class to a salary range or salary rate. o Appoin.~ing Po-wot- the persons in the City o~§anization who~ in their individua! capacities, or as a board~ commission, or City Council~ have the final authority [o make [he appointment to the position to be filled. Applicant - an individual who has completed and submitted an application for employment with the City. Appointment- the offer to position in th9 City service, basis. and acceptance by a person of ~ either on a regular or temporar) Class - a group of positions sufficiently' similar in duties, re- sponsibilities, aul;hority, and minimum qualifications for em- ploy~nent to permit combining them under a common title and equitable application of common sf. andards of selection, comp- ensation, and promotion. __C]a_s_s__Sp_ecifi~t!ons- a written description of a class, setting forth factors and conditions which ~'e essentia! characteristics of positi,~r~s in the class. ~gd~ - the Tustin City Code. Compensation Plan - the assignment by the City Council of salary ranges [o each class, normally included in the annual City Budget. Compensatory Time - time off payment for overtime work.' from work in lieu of monetary Coatinu_0us. Ser.v.,ic~ - the employment without an uncredited bra'ak or interruption of service of an employee in a probationary regular status. ~em0tj_0.n.- the' voluntary or involuntary reduction of a regular employee from a position in one class to a position in another cla~ having a lower maximum rate of pay. Dismissal - the innvoluntary separation of an employee from City service. Eligible - a person whose name is on an employment list. · · 2 ~ . 1 2 . 8 10 1_3. 3.2 !4 15 3.6 17 i8 !9 2O 22 24 25 2? 28 29 3O 51 52 _Ernp!oy,~e_ - an individual who is legally ernployed by the City and is compensated [h;ough the City payroll for his services. EmPloyment List - (a) Open employment list: A list of names of persons who have taken an open competitive examination for a class and have qualified. (b) Promotional empl_oy..ment list- A list of names of pe'rsons who have taken a promotional examination for a class and have qualified. (c) ~p-emPl0?~ent list- A list of names of. qualified regular and probationary ~rnploy~s who have been laid off through no personal fault of their own. Examination; (a) ~open competitive examination- An examination for a particular class which is open to all p~rsons meeting the qualifications for the class. (b) Pro,notional examination- An examination for a par- ticular class~ admission to tl~ examination being limi- Led to employees o1' the City who meet the qualifi- cations of th~ c!ass. Original .... Appointment - a person's fir. st appointment as a City employoe. Overtime - the working by a probationary or regular employee in a full-time position of ~nore au[l~orized ho~irs than are required for a full work shift for the pot;it, ion. Part-Time E~n2to~;ee - an employee in a pat't-time Part...-Time Position - a position having a work week of fewer hours than the fu~l w0~-k' Week established fo~ a fuil-~ime position in the class. A part-time position may be either tempocary or perm- anent. ' Permanent Position - a full-time or part-time position that is individually authorized in the budget and which is expected to exist indefinitely. Position - a combination of duties and responsibilities assigned to a single employee and performed on either a full-time or para- time basis. Probationary_.EmP~lpye? - an employee who has a probationary appointment to a permanent position. . Probationary Period - a working test period tl~at is part o'f the selection process and during which an employe is required to demonstrate his fitness for i:he duties of the position to which he has been appointed by actual performance of such duties. The term "initial probation period" shall mean an employee's first probation period during his cor~inuous City employment, Probationary Status bationary period. the.status of a person during the pro- Promotion - the advancement of an employee from a position in one class to a position in anothe~ class having a higher maximum rate o'f pay. - 8 9 10 3.6 !8 1'9 ~0 25 2& ~5 26 28 3O Provi:¢ional Appointment - an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of.avai!abIe eligible candidates. P, einJtatement- the re-employment without fo~rner regular o,.- probationary employee. examination of a Regular_ Appointment - the regular ernploy,'nent of a person in a,,~.~ permanent position. A regular appointment foliovzs successful' completion of a probationary period, when applicab!e. ~e§ular Stat,.~s - the status of an ~rnployee who has acquired a regular appointment. _Rejection - the involuntary separation from the City service of an employee who does not successfully complete his probation period in a position and who does not have regular status in another position in a different class, or the redu"[ion of an employee who did not successfully complete his probation period in a position to another position in a different class in which he has previously acquired regular status. ~-~ ...... _cl. - an oral o~ w~itten oensu.r~ made as a discipIina.~y action. Resignation - the voluntary sepa,'atior~ t,f City service. :~-:nployee from the S_alaEy Plan - see Compensation P~ar~. s__~!__ary.~a0ge- One or more specific salary rates percentage relationship to one another, assigned Lo positions as the compensation for t!,at class. having a a class of _Salary Revie'¢/ Dat~ - the future date on which'a probationary o' regular ernployee is eligible, on the basis of satisfactory job performance fo~ a prescribed period, for a merit salary advance within the salary range established for the class of position he occupies. Salary Step.- one of the estabIished levels of pay prescribed salary range, usualty designated by a l~tter. within a ~Suspension - as a disciplinary action, the temporary separation without pay of an employee from the City service. Temporary Position - a full-time or part-time position of limited _. duration. Termination - the separar~ion of an employee from the City service because of retirement, resignation, d~ath or dismissal. Transfer - a change of an employee from one position Lo another position in tf~e same class or in another class having the. same maximum salary rate, involving the performance of basica];ly similar duties and requiring substantially the same minimum q tJr~ ]. [ fica t i ohs .... Vacancy_ - an authorized position that is not occupied by a; employee having eit'ne.~ a probation~ry or regular appointment to the position. Work Schedule - the assignment of a position to a work shift or ~er-~e~of-(~0~k Shifts in a 7-calendar-day period. Work Shift - the number of working hours per day required of' an 'ernPl°y'ee 'Occupying a particular position. 1 2 4 8 10 11 12 14 15 16 17 · 18 19 20 21 22 2~ 24 25 26 27 28 29 51 ~2 6~ 7~ ® 10. ll. Work Week - the n~mber of working hours in a 7-ea[endar-d. ay period aa established for a particular position or class. Gender The masc(lline gender shall include the feminine and neuter and the feminine gender shall include the masculine and neuter~ un]ess other- wise stated or ind~.cated in the context. Singular number shall include the p~ura! and the plural form shall include the singular un]ess otherwise stated or indicated in I:he context. Section 3, subparagraph H is h~reby amended to read as follows: H. Use of Class Specifications. Specifications are to be interpreted in their entirety and in"rel~t~°n to others in the C!assification Plan. Particutar phrases or exa:nples are not Lo be isolated and treated as a full definition of the class. Specifications are deemed bo be descriptive and explanatory of the kind of work performed, and not necessarily inclusive of alt duties performed. Section ~, subparagraph 3 is hereby amended to read as follows: 3. Workinq Out Of Class. No employee shall be required to perform duties which a,'~ not closely related both in kind of work and. in. leve! of responsibility to the d,.~.ies normally assigned to positions in his class, except on a short-term basis not to exceed one month or on a temporary or e~nergency basis. ]f it. is necessary for an employee to work out of his class for a substantial period of time e~ceeding one month, reqdest shall be r.qade by the department for reclassification to a .more appropriate c~.ass or to an acting appointment. Section ~, subparagraph C is hereby amended to read as follows' C. Format of Plan. All full time position classes, except those placed on a f!a~ ¥:ate of pay, shah be placed on a sa!ary range containing five salary steps with five (5) percent increments between steps. Each step in a range sha!l be lettered from the lowest step designated as A to the fifth or highest s~-t~ designated as E. Part-time position classes may have salary ranges with less than 'I=[ve (5) steps. Section 4, s,Jbparagraph D is hereby added to read as follows: D. Meet and Conl:er Process. The preparation of the compensation pJan shall be subject to the meet and confer process with the appro- priate representatives of recognized employee organizations. Section 5,'subparagraph C is hereby amended to read as follows: C. Salary Review Dates. Any officer or employee of the City shall have as a salary review date the date upon which he shall next be eligible fo..* consideration of a merit step increase. However, any approved leaves of absence without pay exceeding thirty (~0) calendar days wilt result in the establishment of a new review date. Such date shall be based on his original salary review date plus the number of calendar days of his leave in excess of thirty (30) calendar days. Salary adjustments such as norms! increases and promotions shal! be made at the start of the pay period closest to the employee's salary review date unless otherwise authorized by the City Administrator or the City Council. Any delayed merit increases will extend the Salary Review Date for the next eligible salary increase correspondingly. Section 5, subparagraph E is hereby amended [o read as follows' E. Normal Increases Within the Salary Range. Full time employees may be considered eligible for increase in ~alary according [o the following schedule. Part tirne position classes having salary ranges with less than five (5) steps may have a diff~.rent criteria or schedule for advancement prescribed by the City Adminisr~rator. 2 8 9 10 15 16 17 Z8 ~0 22 23 2& 25 26 2? 28 ~9 3O .32 (.[) The letters, A, [3, C~ D and E respective]y~ denote the various · progressive steps in the pay range. (2) Salary step "B" upon completion of six months of employment in Step "A" where the emp!oyee has demonstrated satisfactory job progress and normally increasing productivity, and upon recom- mendation of tl~e deparL~ne~t head and app~ova! of the City Administrator. (3) Salary steps "C" through "E" upon completion of one year of' employment at the previous step where the employee has demon*. · strated satisfaclr.~.~'y job progress and productivity and upon rec- ommendation of the department head and approval of the City Administrator. Thirty (}O) days prior to eacl~ employee's salary review date, the department head shall advise the City Ad~'ninistrator in writing whether he recommends'or does not recommend that the em- ploye8 be advanced [o the next higher step of the range. (5) Department heads shaft be eligible for step increases if so provided in their salary range and only il' approved by the City Administrator. For ernployces appointed by the City Council, any step increases must be approved by the City Council. .I;!. Section 5, subparag;apI~ F is hereby amended to read as follows: F. Sataryjq.__O_~.~r_. 1,3Sr. ar!c~S. Other salary adj(,stments wil! include- (t) Special Salary ..Adj~stment_s. Notwithstanding anything' in these rt~:e.~ to t1~e c..-~'~trary, in u.."d:;r to correct gross inequities or to reward outstanding acl~ievernent and performance, the Council ma'y, u~on rs.'.'.'o:n;neqdation of the dapartment head and approva! ......... of the City Administrator, adjust the salary rate of an incumbent. o'f a par~ic~.,Iar position to any step 'with:,~ the salary range for that class. (2) Salary on Promotion. Any employee who is promoted shall be entitled to not less than a five percent (5%) increase and his salary review date shall not change. Provided, however, that a salary increase within Four Dollars ($zk00) of the increase pro- vided by this subparagraph st-,att be deemed in compliance here- With. If promoted to an "A" step, he shall be eligible for the next merit increase at his salary review date or, if earlier, in six months from promotion and a ne,cc salary ~eView da~e shall thereby be established. An employee who is promoted on his salary review date si~aIt first receive his normal increase and then the pro:notional increase. S~tary on Demotion. Any empioyee who is demoted shall not be required ~o serve a new probationary period and he shaft have his salary set at ~h,= salary s,.e~, in the range for the tower class as follows- (a) Involuntary Demotion. To any salary rate which is less than that curT'entry received before demotion and he sha!l establish a new salary review date. · l a,.u tha~ he was (b) Voluntary Demotion To the same salary · '--, . receiving prior to the demotion, providing it does not exceed the maximum salary rate of that position, and his salary review date shall not change. Salary on 'Transfer. Any employee who is transferred shall continue to receive tl~e sa;ne salary rate and his salary review date shall not change. ' (5) Salary on Change in IRa.n_g? Assignment: 2 8 10 11 l& 15 3.6 17 18 3.9 2O 22 2~ 25 26 27 28 3O 14. 16. 17. (a) Salary Range In.c.r_e.ase. Whenever a class is reassigned Lo a higher salary rango~ the salary of each incumbent on l:he ef[ective date shall D~ increased to the corresponding step in the new range and his salary review date shall not change. (b) Sal=ary...Rang_e Decrease' Whenever a class is reassigned a lower saIa~y range, I:h8 salary of each incumbent on [he effective date shall be set ar. the same salary z'ate that he was receiving in the former range~ providing it. does not ex. coed the maximum salary rate of the new range~ and his salary review date shall not change. Compensation for Porl:i0~ o_[ _P__ay Period. A regular or pro- baLionar¥ appointee ser~i,~] .)-a a [~.~|!-~:i~,'n¢ basis who works less than a full bi-weekly pa)' peciod, except, when on aukhorized leave of absence with pa';.'~ .-¢',all receive as compensation for such. period an amount, eqtcal Lo the number of hours worked t. irnes the r ~ e;.-n?,.'oyee's hou?ly rate. The number of hours worked in such pay period sha,'t includ~ paid holidays. Section 5, subparagraph ~,8) is hereby amended to read as follows: 8. Training and Qualifying Tim,.;. No ov.e,:'Lime credit shall in general be allowed for training classes~ or, where requi~ed by t.h~ deparf, ment except for regular se.-ni-m.gnthly weapons qualifications. The depart- ment head may approve specific special training exercises at which compensation will be authorized, however. , f · Section 5, subparagraph r-l,2Xb) ,.s hereby amended to read as follows: Eligibility for th~ program sl~all commence after six (6) months of service in the City. Said six (6)~nonths s:-;rvice need not be conLin,JoUS servi,-e. Secl;ion 5, subparagraph H(Z)(e) is hereby deleted. Section 6, subparagraph B is here,by amended I:o read as follows: Ft. _R~jection of Applications. The City Administrator may reject any application when the applicant does not meet the minimum qdal- ificatio,qs for the position, is physieal]y unfit to perform the duties of ~he positioi-,~ I-~as been convicted of a crime invo]ving morn! turpitude, has been convicted ol' a felony if applying for a police officer position,has made '.-zny false statement of any mal:eria! fact or has attempt, ed to practice any deception or fraud in his appiic'a[ion. A defective or incomplete application may be rejected or renu:ned to the applicant for correction of deficiencies. The City Administrator shall state the. reasons for rejection of an appIicant. ,.C)kl) is hereby amended to read as follows: S:-;¢tion 6, subparagraph ¢ / (1) Promotiona! and Open Competition Examination. Promotional examinations sh-3]I be used whenever ngce. ssary to ~fitl,vacancies. Only employees who meet the requirements set forth in a promotional ex~n~ina(ion announcement may compete in such examinations. All other examinations sl~alt be open competitive examinations and any person meeting t~e reqt~iremen[s specified in the open competitive exa.m~r~ation announce,,,-~en[ may compete therein. Section 6, subparagraph C(~) is hereby amended to read as follows: (~) Notification of Results Each candidate shall be given written notice of his examination results and, if successful, of his finn! earned score and rank on the employment list. In the case of a written examination, any candidate shall have the right t.o inspect his own examination papers within five (5) working days after the notices of uxa,mination results are ~naited unless the test is . 2 8 10 11 14 15 16 17 18 !9 2O 21 22. 25 2& 25 ~6 27 28 ~9 3O 32 19. 20. fron~ a source which prohibits a review of their test. Grading errors cattecl to ti~e attention of the City Administrator within this period shall be corrected but shal! not inva[idate appointments previously made. Appointments shall be de;ayed unti! expiration of tl~ inspection period unless an exception is approved by the' City Administrator. Section 6, subparagraph E(1) is hereby amended to read as follows- E. _Appointment. Eligibles Available. The City Administrator shall fill any' part-time or fuel-tlr-ne permanent, temporary, or project vacancy from those certified according to [he following priority: re-e,nplo/rnent list (mandatory), transfer or de- motion, promotion list (preference), open competitive list. A ph/sic'~l examination is a prerequisite to employment with th~ ~'ity of Tustin. Physically handicapped persons may be employed if, in the opinion of the City Adminis[rator and department head, ab!e ,to perr,~r,n the duties assigned in a satisfactory manner. ' Section 8 is hereby amended [o read as follows' A. Attendance. Employees shat] b.e in attendance at their work iq acuorclance with tl~e ru!es regarding hours of work, holidays, and leaves. Ali d~partments shall keep daily attendance records of employees which ~hal] be reported to the City Adrninistrato~ in the form and on the dates he si~a[t specify. Failure on the part of an employee, absen~ without [aave, and without reasonabk~ cause, to return to duty within 2~ hndrs after no.~'~e [o return shall be cause for irnmediate disci~arge. Hours of Work. Unless otherwise presci'ibed in writing by the City Ad,ninistrator, the work week, work shift, a;~d work schedule for ...... each position shall be as follows- (I) Work Week. The .~0 be.~ hours. work week for all full-tithe positions shall (2) Work Shifts. The work shift for all full-time positions sha.,'! be 8 hours except as otherwise approved by the City Administrator. Work Schedule. Work schedules for each position slaall be as established by the department head. All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays and holidays, continuously from 8:03 a.m. to 5:00 p,m. C~ Continuity of Service Requirements. Continuous service, as required for advancement within ~s~lary ranges and for other purposes Sl}eCified in thes.~ rules, is defir~ed as City employment on a probationary, regular, or acting appointment basis without break or interruption. U. Authorized leaves of absence witho~t p:-~y of thirty (;~0) calendar clays or less and leavas of absent-e with pay for any period shall riot constitute an interruption of an employee's continuous service and shall not be ded,Jc[ed in co:np.;~ting his total City service'. Authorized leaves of abse. r~ee without pay in excess of thirty (~.0)'... calendar days shall be deducted in computing an employee's tota! City service for advancement in salary range and for other purpo:~es specified in these rules. .App. r_qval of [_eaves. Any leave of absence, including General Leave, for any department head for any period of time, and for other employees in excess of Lhirt¥ (~50) day's duration~ must be 8 10 11 lZ 14 15 16 17 18 19 2'0 £1 ~2 2& 25 26 2? ~8 29 3O 51 approved by the City Administrator. Department l~eads will approve e.mp!oyee leaves of thirty (:~0) working days or less. Leaves of absence over thirty (~0) days for the City Administrator require approval of the City Council. Department heads shall not approve genera; leave usage in excess of credits earned by the employee. General Leave. General leave is a mu[bi-purpose leave providing for [he needs of the employee for vacation, personal affairs, and non-job-related illness or injury. The general leave concept "~p!ace3 .tf~ tradir, ir,n~.~! vacation and sick ~eav..; provisions pre- viously provided to City employees, lmple:'nentation of the provisions !~ecein shall be. effective for alt full-time employees c:orn,nencing with the payroll period starling A~.=l:J:~t 29, 1977. (.'l) ~ (~..neral leave with pay is granted to eacl~ full-time regular and probationary employee at the rate of eighteen (18) working days per year prorated on a bi-v/eekly basis for each bi-we.ekl}' pay period ir] which the employee works more than half time. (2) (a) After five (5) years of continuous service regular, full.- time employees sba!! ;eceive additional five (5) work- lng days per year, making a total of twenty-three (2}) g~n~.ral leave data per year, prorated on a simila~' bi- weekly basis. (b) After :'~rl.. (10) years of continuo,Js service, reg:3lar. fu!t-time employees shall rece,.'ve an additiona! ten /10),._ .¢/orking days per year, making a total of twenty- eight (28) genera! leave days pe~' },'ear, prorated on a similar bi-weekly basis. (}) General leave may be acc:l~nula, ted to a maximum of twice .=co annua! entitlement including tt~e longevity the e..'npto'-/-- '~ allowed.nee. The get,era! leave otherwise Lo be earned exceeding ti~e authorized maximum accumulation shall be forfeited as of 3anuary 1 o'f each year or upon termination. (4) Eaci~ fu]!-time regular and probationary member of the . . ~l~,:. his ar}r]:~aI leave in connec- lice with nor.-nal days or shifts off so as to receive sixteen (1.5) consecu,.~ve calendar days or more of vacation in accordance with these rules and regd]ations and Sections 58&~4 and 5}250 of the Government Code. (5) General leave may not be used at the time of termination of employment and alt accrued but unused general leave cred- its shall b-'.-; paid off at the employee's ct~rent hourly rate except that no payment shall be made to an employee who has not co;',~pleted six (6) months of continuous service nor shall any payment be made for unused credits in excess of the ~naximurn accrual of these rules. (6) Al! heretofore accrued, existing, unused and unconverted sick leave credited to City ernployees may be utilized only as foil ows- (a) Each employee shal! have the option during the month of .3anuary of each year to convert four (4) units of heretofore accrued sick leave to one (1)additiona! unit of general leave, with a maximum conversion of eight (8) d~:/$ (64 hours) accumulated sick.leave per calendar year for 40-1~our-per-week employees. o (b) Any employe.e required to be off work due to illness or inj'Jry for Ii,cee (~) consecutive work days or longer may request permission to use accumulated sick leave 8 9 l0 15 16 !7 Z8 Z9 2O 22 25 26 £? 28 29 3O ~2 I;o his credit~ if any, co~'nmencing witl~ the fourth day' off a.ad continuing unt_i] his/her return to work. ]n 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 ii,ness e~ injury, she may request that all additional required Lime off due to illness or i~j~]~'y be chareed to the accu~nu]ated sick l~ave exi~in9 to his/~r credit, provided the employee indicates the nature and reason of the abse:~ce to his/her dep~rtment at th9 time of absence.---. (.'.~, U.,~:; of accumulated sick 18eve is subjeck ~o City',, righ5 to requi,:e a physici-~;¢~ .:~ez'kificaCe~ persona! affidavit~ and/or or. her eviden',:~.; :)¢ ~he adequacy of the reason for the emp',.oyee's absence. (d) Where: in the judgment of the d~par~rnen't head, the empto.ve~'s reason for being absent because of alleged sickness is inadequate, he sh,.-,f! i'~dicate on the payroll form ~.hat the absence was abs~:-~ce withou~ t~ave, and without pay. In addition thereto, the department head may i;npose such discipline as in his discretion seems warranted. The department head's decision may be appealed to the City Adrnir~[sLrator by the employe~ concerned. (e) Termiaa.~ion of an e~nployee's' conti'nuous service shall abrogata all sick leave accrued and unused to the Lime of termination, regardless of whether or not such person s.J.hs~.ctJently re-enters tho City service. Em- ploy.ecs shall no~c be entitled to receive any payment fo~ unused sick leave accrded r.o i~is/her credit at the t:im'~. of termination of emp~oy.,"nent for any ~eason inc~:iling retirement for service or disability, resig-. ..... nation, death or dis~ni:;sa]. (7) -['i~ne Off. The time during t. he calendar year at which an. employee ~nay take his leave shall be determined by the department head witl~ particular regard for the needs of th~ service a~d wit'n cor~sideration for the preference, of ~he employee. (8) Other Vacation Provisions. (a) In the even[ one or more municipal holidays fall within a general leave peri.od, such days shall not be charged as g.::"~aral leave. (5) Genera! leave shall not accrue during any leave of absence without pay or "Long Term Disability Leave" of a non-job-related netware. (e) Pay in lieu of genera! leave will only be granted upon termination of City employment, or upon a finding of hardship by the City Administrator. F. Holi da y_s. (i) Any futt-tim,~; regular or probationary e~nployee whose reg- ular schedule requires him to work o..-~ a holiday si~all be given compensating straight time off for such work or paid the straight time daily equivalent of his salary, at the discretion of the department head, (2) This section shall not apply to any employee hired on a part- time, temporary, e.x~ra help, ho'Jr'I_'/, o.'--' daily basis. (3) Affected Days. l0 2 5 8 10 11 12 14 15 16 !? 18 19 ~0 21 25 2& £5 26 27 .-., 28 ~9 ~0 ;52 (al The following nine (9) full and two (2)hal'f (112) days shall be observed as paid holidays by all full-time r~gular and probationary employees in permanent pop, i- lions, except Police person!~al, as shown below: .]ar~ua~ y t Third [.~londay in Febrtiary Last Monday in May July 4 First Monday in September November 11 The Thursday in November designated by [t~e; President or ~:'~"~rnor as Thar~',<sgiving :,-)ay The day fo~towing the Thursday New Year's Day Washington's ~Jirthday Memorial Day Independence Day Labor Day V cretans' Da), Thanksgiving Day in No'/~r';~'.~-r designated as Thanks- giving Day Day after Thanksgiving Day Afternoon before the Christ;nas Day Holiday Christmas Holiday Eve December 25 Christmas Day Afternoon before the New Year's Day Holiday New Year's Holiday Eve (4) When a holiday occurs on a St~:~day, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observ'~d instead. For each designated ho!irlay, full-ti~e regular and p~obationary Polic~ p;~.?son..'~.~l on shifl:s will receive ex~ra day of vacation or equivalent, p.:-.ty, whichever, tl~.~ judgment of th~ Polic~ Chief, bas'~ serves the interests ct the City. Other l_esve o ¢ ' ~ : .~uS~RCe. Leaves With and ~Vithou~. Pay. (a) 30 Calendar Days or Less. Upon the written recom- ~n-;ndation of the de, partmen[ head, the City Admin- istrator rn.:~y author:,z:; si~ecial leaves of absence witl~- out pay for one or more periods not to exceed thirty (:53) calendar days in a calendar year for any purpose deemed by the City Ad:ninistrato? to be beneficia! to the City. (2) (b) In Excess of ~0 Calendar DaY._S. The City. Counci! may, upo~ ti~e recomrnendation of the City Admi!~istrator, g~ant leaves of absence with or without pay in excess of thi.Pt¥ (~0) calendar days for purposes deemed by the City Administrator to be beneficial to the City. Military Leave. A member of. the National Guard or Military Res,-.;r'¢e order:~d to annual military duty, excluding weekend and other routinP, drill p,~.ri,.,ds, who is a r~tl-tim~ regular or probationary e~nploye~, and who has not less than one (1) year of City service, shall receive full s~lary as provided in the State of California ~4iIitary and Veteraqs' Code, for a period not to exceed thirty (30) calendar days per year. Such an e:np~oyee with ~ess than one (1) year of service shall receive one-twelfth (1/12) of the amount of Cit;.' s~ry tha,t wot.~d have been received for tile like period of time covered by military leave, for each month of completed City service. Except for holidays occurring during the leave period, employees o~ military leave are not subjt~ct to loss o'[ any e,'npIoyee rigi~ts such as accrual of general leave, seniority, and other privileges. The City 11 6 8 lO ~5 Z8 19 2O 22 25 2& 25 26 2? ~8 29 3O ~2 re.s-.',rves the r;,j."~t to sche'dule police department employees and othe~ fle×ib]e schedule ernp]o¥~s so that drill periods coincide with ordinary ol'f-du~¥ time l~or which the employee will not receive eornp~,nsation. (~) 3U__ry .Duty Leave. All employees below department head level wi!! be expected to serve on jury duty.when summoned. Exemption will be request, ed for depavtr'nenL head or above or in the case of an employee whose absence would taus,:. extreme hardship to the Cit. y as ~nay be determined by City &d.-ninistra~::~r. Any fu".-time:: .. ~ regt~lar or probationary employee on jury duty wilt receive full City salary. Alt amounts payable to tt~e employee for jury d~ty except for mileage -3nd .~ubsister't',::~ r~:l,nburse, m'-~nts, wilt be paid [o the City. (4) Absence \.Vi tnouf. L~av Any employee who is absent from duty sh.~]l :-eport ti~e reason fo.,."' SL~C.h absence to his depart- ment head or immediate supervisor prior Lo .the date of e¢i),~...:rad ab:~:~:e ,,vh.'.:n-.'~.'z~r possible and in no case late~ th.~q :.,vo .,_) hours after the be::3innl~g of his normal work shift, except in the Police Department where such notice shall be two (2) hours before the beginning of his normal work shi'~ Absences not reoorted in such manner may be considered ab::;ence without, l.~ave. A deduction of r'~¥ si]at! b.~ ;node fo,.' the du.,"a[1,):~, of any absence without leave. tJpon ~eturn to work~ sd..'h ~.b::;ance shall be justified [o the departmant head who s:~.~]'.., consid,:r the need for further discipii~ary a:': lion. .Pregnan_qX. In all cases of pregnarte¥, the e;nployee shall furnisl- the City a statement from her physiei_~n givi.ng th~ antir.'ip.;:~ted date of de.[ivery and t:he. opinion of the physician as to I~er ability I:o p.-'~r'form her normal wort< assigns'riehl. Such state~T~ent sh~l[ be furnished as soon as prae~.ie~ble afb. er ader. errni:'~ation of the pregn.~ney hes been made. B. A pregnant employee wit! be permitted to work as long as, and re~urn to ~.zo~k when, she is able Lo safely perform the duties o1: her position as recommended by her attending physician, and as approved by the City- designated physician. C. A pregnant employee shall be allowed to be absent for th~ period during which, in the opinion of her attend- ing physician and, where necessary, the City desig- nated pi~'ysician, she is te~nporarity disabled because of .2r-.~,jf~.-~ncy, miscarriage, abo~,.~on or childbirth and recovery theref,.'om and su.-.:h disability shall be roreated as any o~her disabit[t)' pursuant to the genera! leave and l:)ng term di.;ab;lity leave provisions of these rules- Additional optional leave of absence may be granted upon the request, of the employee and the .... api)roval of the City. (6) Industrial [])isability Leave. Any public safety ernployee ok . City who is a member of the Public Employees Retirement Systern and is disabled temporarily or l~ermanently by injury or illness arising out of and in the course of his duties, shall be paid his full salary for .~he period ct such disability, but not to exceed one year, or until such e.'-'~rlier date as he is retired on disability per,sion. St~,~'[~ s;~tary shall be in lieu of [e.~npora:'y disability payments wt~ich would otherwise be pay able. m 5 6 8 10 1! 15 l& 15 !6 17 1.8 19 21 22 25 ~5 26 27 ~8 2,9 30 53. .&qy e~nployee, other than public safety employee having a full-Lime, reg,.~tar appointment, who, by reason of a bodily injury oec~,rring ir~ the course and scope of his employment, as contemplated by the Worker's Compensation laws of the State of California, is disabled from performir, g the duties, of his position Lo a substantial degree, shall be paid his fu~l sal,~,'y dp to a ~naxirnum of three (3) ~nonths with less tt,an three years of City service and up to a maxi~nu:n of six months for over three years of City service, or until return to ,:l'.~ty, or :J,'~[].l tlae City's. . ~'o'n2ensal:ion carrier ,er, ninates temporary disability by :-ne;~r~s of either I,~np-sum settle- ~rn;~romise settlement, or u~ti~ ret~r~I w~th pea.~ion, Di.~a~ility l::.~av.a for all :;-np',oyees shall be subject to the f o I~ owl ng c" x.'.',:-li ti OhS: (a) Prior tn the Lime t,~,~; Worker's Compensation laws p~'o'./ide co.npansa~io.q pa;,,..'nenl:s, the City shall pay regular · wages or ,,~ta.'-y~ (b) Tl~eceaf[er, t.h~.City will pay only the difference be- Lv./een th~ Worker's '-".,~,),.:n,,a on ene - . ,_,~-, '~ - ~i b fits and the ern ?]'.'~'/e~'s cegul.'~r wages or salary. To facilitate ?ay, o~nt and ad ninist~ation~ r.}~e ~icy... sba:.] rna,<e fu[I salary pay;nenL to ' ,, . s,~-,]: properly endorse and d~lver e,~p~o~ee, and e~ployee '-' . to the ~it'.,~ ; :~I~ checks received as pay¢n~nt for te,np~,r,-~.'y. . dis.obility u~.'{e? the .. · ,):-~.ec s ~ompens~tion laws. (c) O.'Jri:~g the time that e, nployee is disabled by reason of bodily injuries inc,j..-red du.:ing the course and scope of his ,-;.'qi,{')y,~ent, neither his gene'cal leave ~oc his acc,~.n~Jla~.ed sick tea..,,.', stroll be ch3rged for the purpose of payi¢~g e~.-npensat, i,')~ leave benefits. (d) An? regular, fut!-tirne employee, shall continue to accr..~..-, g.eaeral l,.:.jv; :.~,~ J :',~ u.~.'a etig;;.,i;i,ty for co~sideration for ,-ne,:'~t salary i~..;reases dd~i.qg an absence resulting frora ar~ on-th.e-job injury, provided l~e received compensatioo. payments ur, der the provisions of th~ California Worker's Con~pensati on law. (7) ~ Term Disability Leave. · Any employee, after thirty days of e.rnploymen~ in a full-time, regular appointment, who is totally disabled by reason of ~ boJily injury or illness (i:'~cludin~ pregnancy)incurred either on or off the job, shall L .~ ~ ~),.. en'tittacI to r~ceive a monthly into,ne of two-thirds of the first Three Th-~sand O.~ars ($.~,000.00) of the employee's basic monthly earnings. This a~nount shaI~ be paid 'to e~nployees either by City or thro,Jgh th~ provisions of an insurance program con~racted for by t.l~e City. This benefit · shall be payable after five (5) work days of such disability ,,~.retofore accrued sick leave. This and after using ail ~', b,'~nefit shall be.reduced by the amount of any other benefits receivable by th~ employee, including, but not limited to, Worker's C,~'npensad,>~ beqe~ils, benefits pursuant to Labor ,Code Section 4850, State ,iisability p,~Yments, social se- ' "' ~' ~eti ~rn ' ' be~e fi~s. ,-. . .~ ~,~ icily be ~,~,~ s, Such monthly co~npensatioq shall be payable for [~ot less t",.~ ;:w:) y,:a's f.)r an ;':':..,::~.~ ,,)[' Lo i'~or"nat c~tir~ment ag,:; for an injury, dF, less dis3b;lity termin.3te-~, ::he ,,,nploye is re- t:'.~in.~ !; ,.-,.:-,;l. igibli;.>, Ce~nir,t~es at an earlier date. l,~ .~I1 casa.~ except for the eliminar, ion period, the qt~at- i f'."atio~.~; eligibility, coordination of benefits provision, ,'n'¢erag:;, cl~finition of total disability, benefits payal)I:; and 2 4 6 8 l0 15 16 I8 3.9 2O 22 24 25 2.6 2.8 29 ~52 ?t 22. 23. 24. other conditions, shall be as defined by any long terra disability insurance policy or self-insurance program of City th:.=.n in force and this paragraph shall be construed to be a general dr~.scription of such coverage only. Af~ ~,~r the first sixty (..50) days of disability leave, and after ~e~mination of entitlement [o Industrial Leav~ benefits as p,'ovided in these rules, employees shall not further accrue general leave or time toward his or her salary revie~v. Section 8, subsection G(8) is hereby added to read- (8) City Health and other 'insurance benefits are discontinded after thirty (30) days of leave without pay or sixty (60) days of disability. The employee may continue his or her coveragi~= for the balan,:,~. of one year under the health and/or life insurance plans, by ,nonthty advance payment of the normal City and employee cos[ if r. he absent':8 is due to disability or is approved by the City Council. lq the :-?vo. nt Of ,dis:l!')itity, coverage li~nitsd to ti,at specil'ic disability only will be provided for the remaining, ten ~nonths at no cost to the e~nployee. Coverage shal~ immediately resume upon return to active duty fI.*Om disability or authorized leave of absence. Section 9, subparagraph B is hereby a,'nended to read as follows: B. Protection. Insofar as necessar)~, alt vacancies shall be filled by promotion fro, n within the service and shall ba based upon the results of a promotional examination. In the even[ that no permanent employee qualifies for such promotion as a result of such promotional exam- ination, th,.--. City Ad-niqistrator shall conduct aq open competitive examination for the position and prep~re and ..~.,;,'~il'y an e!igibility list from which the appoin,ting power shall make the appointment. The City Administrator shall eoncl,~ct an ope:'~ competitive examination for the position and prepare and certify an eligibility list 'f_.-or',~ which tine appointing power shall make the appointment. The Git), Administrator rnay conduct a combined promotional open examination when in his judgment this procedure will expedite the filling of a position with the most qualified individdat available. Subsection 9, subparagraph D is hereby amended to read as follows: D. Susppnsi00. The appointing power may suspend an employee without pay at any time for cause. When Suspensions 'are imposed by department heads said action shall be reported immediately to the City Administrator. Department heads may suspend a subordinate ernployee for not more than five (5) working days at any one time and not more frequently than one such suspension in a thirty (30)days period, for disciplinary purposes only. e A suspension of not more than thirty (30) working days of any City employee ina), be made by or with the approval of the City Administrator. A suspension exceeding ~.oune.l City ~' ~. thirty (30) days must be approved by the Section I0, subparagraph A is hereby amended to read as follows: A. Discharcle. An employee may be discharged by the appointing power whenever his conduct on the job so 'warrants. An employee may likewise be dismissed when his ofl~-t.h.e-job conduct either brings dis- credit upon the City or evidences an obvious unfitness Lo perform the duties of an employee. Whenever an employee is convicted of driving under the influence of atcohoI ct' drugs this sI~all be considered a prima facie indication of unfitness, it' part or the employee's dur. ies involve operating a vehicle. 8 10 11 3.2 15 ."-- 16 !? !8 19 20 25 26 2? ~8 3O 51 25. Section 10, subparagraphs D, E and F are hereby amended to read as follows- D. ~isabHi_t%. An employee will be transferred, demoted, or separated for disability wi~en he cannot perform th-. required duties because of a physica! and/or menta! impair~nenl: after receiving those benefits provided hi.~?~ by Seetio~ 8 of these rules. The City may require an exa~nination of the e~nployee at its expense and performed by a physician, ps/,-:l,3lo,_3.ist or ps¥chiat, rist of its choice when any issue of an employee's possible disability ~.rises. a dis¢,b~ed e.-nployee sha~! be retained.by the City in a position for wf~ich he is qua!ified, if deemed reasonable and appropriate by City. tn.. conditions t forth E. Retirement. Whenever an employee meets '-~ se ~,~ tn..:.se r,J~¢;~ and retirement plan ~-eg~[aI:ion.~, i~e ~nay e~ect Lo retire and receive all benefits earned under th;~. retirement plan. F. Oisabili~y Retirement. In the case of an e. rnp]oyee other than a police depar~men~ toca! safer, y member, his disability status and ti~lernent to retirement shall be as established by the Public Em21oyees' Retirement System. For a police department employee who qualifies as a local safety memb,-~.r; tl~e dei;er~'nina[ions as to whether that e.~nployee is (1) disabled~ and (2) whether such disability was industrially caused, shall be made by the Retirement ,~evie',v Board consisting of the City Administrator~ the Finance Director and the Personnel Di['ector. Said deter;'nina~ions sha!] be submitted to the City Coun=it for adoption and cert. ification ~:o the Pdt[j,'.'. ~mployees' Retirement System Board. Once adopted by the City Council, all d~cisions shall be final. 26. Section i1~ s:.~bparagraph. A is hereby arn~...nded to read as follows: A. ~!ght to File Grievance. Any employee shall have fha right to file a grievance as pro.zided in ti~e rdIes without fear of reprisal. Such a reprisal shall be grounds for discipIinary action or discharge. A grievance is an info.7,-na! ad,-ninistrativ.e al)pz'oach I:o seek relief from a prob.'.em involving any aspect of job conditions except one relating to suspensions~ de.notions, dismiss~'.,-; ~.~r [ay off.~ with an u~satisfactory rating, ',,vherein th~ provisions of Section .12 ,,vo,'.Jld apply. An employee shall have the' right to be represented by his authorized labor repre- sentative in a grievance. 27. Section 12 is hereby amended to read as follows- A. Pre-discip.!inary .Hea.rir~gs. An employee who has successfully completed his probationary period and who has attained a regular appointment shall have a rigl~t to a pre-disciplinary hearing before his Department Head :~;']~never ,~e. rnav be subject to dismissal, demotion,. lay off with an unsa,:i.~faclo:'y rating, or any suspension without pay. B. Procedure for Pre-disciplinary Hearinqs_. Notice of the proposed action shall be provided the Employee along with a statment of the reasons therefore~ a copy of the charges~ and the materials upon which tl~e charges are based. The Employee shall have five (5) working days to respond orally or in writing to the charges. The Department Head shall provide the Er'np',oyee with a Notice of Action taken which will state the action taken, the reasons therefore, and the penalty imposed, if any. The foregoing procedure may be by-passed in emergency si~t, ations. C'_.. :.~_ppeal to the City Administrator. An employee shall have the right to appeal the decision of the Department Head Lo the City Administrator. To be entitled to such review the employee must notify the City Administrator of his intent to appeal within ten (10) days after receiving the Notice of Action Taken. The employee must state in his notice to the City Ad,ninistrator [l~e basis for his appea! and shall inelt~de all relevant facts and evidence which he intends to submit at the Appeal Hearing. The decision of the City Administrator is final in all respects except as provided in subsection D, and is final for the purposes of Tustin City Code Sectin 1140. 15 2 5 8 l0 3.2 3.5 16 Z8 2O 23. 22 25 2& 25 26 27 28 29 ~0 ~2 D. ~!ty Co,.lnci! P, eview. Notwithstanding the fact that the City Administrator's decision is final in a!l respects, the City Council reserves the r;,;11~t ,to ~,.~'./i.~w the decisions of the City Adminnistrator in u'ase.'-~ that. it deems as exce~ional. 28. Section ~ C(2) is hereby amended to read as foIlows' Reimburse~ner~t is mad.e o'f tuition fees (not textbo..~ks or suppli~.s) upon completion of the course with a satisfactory g,-ade and after the--~ completioa of t~'~e initial pr.obatio~ary p~ri'od. : 29. Sectirm 1~ is heresy amended by the addition thereto of Subsection D to ~,n210yee Access. Every employee shall have a rigl~t of acce~ to ~-. _ h~'¢ :1./~,~ ,~er:;ol!:l'.'. f:le :a,~d every document tl~erein. 50. S,~.-tio.n 15 ~-~ h~reby a'nended to read as follows: SECTION 15. ADITIQ.NIAi. A. Retirement. The City is a member of the Public Employees Retire,riehl System of the Stal:e of Califo~'nia in order Lo provide retirement benefits to employees. The employee's contribution, which is matched by the Cit-¢. is determined by the empl.3yee's category of his membership (e.g., "p~btic safety" or "miscellaneous"), and his salary. T;~e contcit)u~i,~ fo~ those categorized "public safety" is determined by the employee's age tJpo;~ entering the s;.'stern. E~n;~oyees .categorized ,'~ us" v,~ ,-,-~-e '~.~h~d cantribution p~'r~entage- Upon leaving the City prior ,to retire:"n~,~i:, t~e employee can withdraw his . ' ,,,,~t. w~th ir~terest; or he may leave his contribution (bL~t. no~ the Ci,.~ ~, · ' ~= to later r~iv~- a partial retirement i,~c'ome based on h:¢~ contributions and Lf~e ~ity's. A ~naioc advantage of the~.'. PE~S system is that the e~nplov¢' can move to or from with the State or many of t~ counties a~d cities in t f~e State, thus ~emaining on the same retiroment plan witimut loss of benefits. ;~e~nbership in PZ'~5 is mandatory for all full-time employees and only full time employees are eligib]e. ,:,. rn..alth Plan. The City is enrolled i~ a group health plan in order to provide emp~°~es with ,cornp~-ahensive medical coverage. Tl~e City pays a portion of the cost and the employee pays the balance o[ the cost for h's paticu~a" coverage, if any. Only full time employees are eli,3ibte to par~,';pate in th,~ Health Plan. In the event an employee is on a leave of absen'~.~ withou~ p;~y grea~er than thirty (~0) days and desi;es l'~.3alth cavara3~, the e,'np~oyee shall pay ~he entire insurance premium, ~n a monthly b~sis fo~ ~:i)e al,]ration of the leave. In the event of disabilit, y~ ~lae plan will continue without interrt~pt~,'.x~ for sixty (60) days after which ten mon,ths of additional coverag~ will be limited to that specific disabii~t)' or-,ty unless the employee pays the ft~i pre,nium. C. Life Insurance. The City pays the cost of a life insurance policy on the employee as an added fringe benefit. The employee may obtain additional coverage on his dependents for only a small charge. Only full time empla/.~,~s ace e~ig:l~¢ [o participate. O. Reimbursement of City-related Expenses. Employees are reim- 'oj:sed fo~ re?istratio-~ f~.~es, meals~ and travel or automobile mileage' expenses, and the like, which are directly related to City busines'. providsd ti~e acti,zity was authorized, the expense properly incurred. and other estabii°~'r.l policies are fo'l o,~ . ~ :~wed. Employees are not reim- bt~;sed for ~caffic fines m' f,)~feitu,'es as they are responsible for the careful operation of ~heir vehicles, i~cI~.~di;~g proper parking, equipment and driving. E. Uniform Aiiowances. All PoIice and Public Works personnel .... required b) wea~ uaifr,~ms receive a uniform allowance. Th9 a~towance is not charg~d for uniform damage, in tine of duty not re~a~ed to nocmat woaF. 16 8 9 1 ].& 15 16 Z? 19 ~0 22 2~ 24 25 26 2? 28 29 ~o Section 16~ subparagraph A is hereby a~nended to read as follows: A Political '"' .' . ,~,:.I ~'vit,.'. No officer or employee of the. City shall use l~is position to influence, a~y vo~.e or o~l~er po'li~ical influence, within tt~e City. An officer or employee of the City shall not knowingly solicit palitica~ contribu"ioas from ot;~or City o'ffioers ~ e~n;~loyees un,ess d.~,ao inoidontally to a solicitation of a l~r'ger segmen'c of the public which ;nay incl,J~t;.~ officers or'employees of the City. No City officer or employee shall partioii~atu in i~olitical aotivit, i~s of aoy kind while in No City off.;cer or e,-npioyee shall engage in po[iti,'~l activity during working hou~.'..~. Pn'icica] e,:~ivities are prohibited on all City premises with the exception that political activities ~n;ay take place al: the Clifton Miller' Com'ndnity Center or City Council Chamber when said facility has been renteJ out S.::ctioa 15, sdbparagraph C is hereby amended to read as follows- C. OUtside Erni'~!oymenl:. No employee shall engage in outside ernploy,,-~e~t or enterp',.-ise which is unsuitable or in conflict with his mu~'~icipal dur. ies or responsibilities, ,:, which will lessen his effect- iveness as a City employee. Employees must obtain the approval of · ; [he;r d.eparr, m~r~r, head and the City Administrar. or. b fore undertaking such activity. N..~ City-owne-] '.-.':q:]ip..'nent~ vehicJes, t. oo?s~ s,~pplies or any other item sha~l be used by -3ny employee while tt~e e~nployee is engaged in any outside e"nl~,',~y'nent or activity. Ir', order t~ avoid public criticism, or discredit of th.e Cit';z; e:'np[oyees sh.'.~l! n-:t use the influence o.f ~heir - - "subject t.o Cit. y inspection. L. ity ,'rnploymenL nor perform v/or~ - PASSED AND ADOP-~-D at a :'e,"' ,: ar~:,, meeting of the City Council of the City of Tustin, this 15th day of January, 1978. ATTESTS. c[-rY ci_~ 3GPa:se:D:9/20/78 3(~ :se: R: 10/16/78 3GR:se:R: 10/17/78 JG ?,:se: R: i 0/19/78 J~R:se:R'11/1/78 .]G Ft :se :R: 11/7/78 JGhl:se:R:l/9/79 T/Res/PR&R D:10 17 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the city Council of the City of TUstin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 78-126_ .... was duly and regularly introduced, passed and adopted at ~regular meeting of the City Council 1979, by the following held on the ~_ 15.,.th _.day of _~~ua_ry , vote: AYES: NOES - ~SENT - COUNCILME'N' WELSH, SCHUSTER, SHARP , SALTARELLI , ..KENNEDY. . . ~_ COUNCIL,.tEN ' NONE COUNCIL!-[EN: NONE RUTH C. pOE, Ci~rk, ,