HomeMy WebLinkAbout1970-05-05; City Council; Resolution 1727RESOLUTION NO. 1727
PERSONNEL SYSTEM RULES AND REGULATIONS OF
THE CITY OF CARLSBAD, CALIFORNIA
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RESOLUTION NO. 'i 727 .
PERSONNEL SYSTEM RULES AND REGULATIONS OF THE
CITY OF CAlUSBAD, CALIFORNIA
WHEREAS, the City Council is authorized and directed under the
provisions of Ordinance No.1120to adopt rules and regulations for the
administration of the personnel merit system created in said ordinance;
now, therefore, be it
.RESOLVED, that the City Council of the City of Carlsbad does
hereby adopt the following rules:
RULE I. PURPOSE AND DEFINITIONS
Xule I-A. Purpose: The objectives of these rules are to facili-
tate efficient and economical services to the public and to provide for a
fair and equitable merit system of personnel management in the municipal
government.
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These rules set forth in detail those procedures which insure
similar treatment for those who compete for original employment and promo-
tion, and define the obligations, rights, privileges, benefits, .and pro-
hibitions which are placed upon all employees included in the merit system
of the City.
At the same time, within the limits of administrative feasibility,
recognition shall be given to the fact that individuals differ, that no
two individuals react alike to reward and discipline, or to uniform moti-
vation and encouragement.
given to the Personnel Officer in the execution of his duties and responsi-
For this reason, considerable latitude shall be
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.-.-. Rule I-B. Definition of Terms: The following terms, whenever
used in these rules, shall be construed as follows:
Section 1.
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-.. "Advancement": A salary increase of one or more steps
within the limits of the pay range established for a class.
Section 2. "Allocation": The assignment of a single position to its
proper class in accordance with the duties performed, and
the authorities and responsibilities exercised.
"Appointing Power": Section 3. The officers of.the City who have the
authority to make the appointment to the position to be
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Section 4. "Class": All positions sufficiently similar in duties, author-
ities and responsibilities to permit grouping under a common
title and the application with equity of common standards of
selection, transfer, promotion, and salary.
Section 5. " Merit Service": All positions of employment in the service
of the City except those specifically excluded by ordinance.
Section 6. "Demotion": The movement of an employee from one class to
another class having a lower maximum rate of pay, or a change
in duties which are allocable to a class having a lower znaximum
rate of pay.
Section 7. "Eligible": A person whose name is on an employment list.
Section 8. "Euployment 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 employment lisc: A list of names of persons
who have taken a promotional examination for a class
and have qualified.
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, Section 9. Examinat ion" : ,e-.> i
(a) Open-competitive examination: An examination for a
-- particular class which is open to all persons meeting
the qualifications for the class.
(b) Promotional Examination: An examination for a particular
class, aduission to the examination being limited to per-
manent and probationary employees in the City's service
who meet the qualifications for the class.
Section 10. "Permanent Employee": An employee who has successfully
9 coupleted his probationary period and has been retained as
hereafter provided in these rules.
Section 11. "Personnel Ordinance": Ordinance No. which creates a per-
sonnel merit system for the City.
Section 12. "Probationary Period": A working test period during which
an employee is required to demonstrate his fitness for the
duties to which he is appointed by actual performance of the
duties of the position.
Section 13. "Promotion": The movement of an employee from one class to
another class having a higher maximum rate of pay.
Section 14. "Provisional Apporntment": An appointment of a person who
possesses the mini" qualifications established for a parti-
cular class and who has been appointed to a position in that
class in the absence of available eligibles.
Section 15. "Reinstatement": The re-employment without examination of a
former permanent or probationary empluyee.
- Section 16. "Reduction": A salary decrease within the limits of the pay
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range established for a class. "0
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-- Section 17. "Rejection": The separation of an employee from the service
during his probationary period.
@L.- Section 18. "Suspension": The temporary separation from the service of
. an enployee without pay, for disciplinary purposes.
Section 19. "Transfer": A change of an employee from one position to
another position in the same class or another class having
essentially the same maximum salary limits, involving the
performance of similar duties and requiring substantially the
same basic qualifications.
* Section 20. "Temporary Position": A full-time or part-time position of
limited duration.
Section 21 "Part-time Employee": An employee having a probationary
or regular appointment who works less than 1040 hours in
any one fiscal year.
RULE 11. GEHERAL PROVISIONS
Section 1. Fair Employment: No question in any test, in any application
form, or in any other personnel proceedings, or of any appointing
authority, shall be so framed as to attempt to el ici t information
concerning political or religious opinions or affiliations of
an applicant, eligible, or employee. No appointment to or re-
moval from a position shall be affected or influenced in any
manner by any political or religious opinion or affiliation.
Section 2. Political Activity: The political activities of City employees
shall conform to pertinent provisions.of State law.
Meet and Confer:
which are subject to the "meet and confer" process as specified
under Section 3505 of the Government Code of the State of California.
Section 3. The City Phnager shall negotiate those matters
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Section 4. Violation of Rules: Violation of the provisions of these rules
shall be grounds for dismissal, rejection,demotion suspension.
Section 5. Amendment and Revision of Rules: Recommendations for amend-
ments and revisions of these rules may be made by the Personnel
Officer. Prior to consideration., any amendment or revision shall
be publicly posted at such places as the City Council shall pre-
scribe for at least ten consecutive days together with notice
of the time, place, and date of hearings by the City Council.
At the time of consideration, any interested person may appear
and be heard. Amendments and revisions shall become effective 0
upon adoption by the City Council following such hearing.
RULE III. CLASSIFICATION
Section 1. Preparation of Plan: The Personnel Officer, or a person or
agency employed for that purpose, shall ascertain and record
the duties and responsibilities of all positions in the merit
system and, after consultation with appointing authorities and
heads of departments affected, shall recommend a classification
plan for such positions. The classification plan shall consist
of classes of positions defined by class specifications, including
title, a description of typical duties and responsibilities
of positions in each class, a statement of the training, exper-
ience, and other qualifications to be required of applicants
for positions in each class.
so developed and maintained that all positions substantially
similar with respect to duties, responsibilities, authorities, and
character of work are included within the same class, and that
The classification plan shall be
the same schedules of compensation may be made to apply with equity
to all positions iil the same class.
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In the preparation of the classification plan, the Personnel
Officer shall allocate every position included in the merit
system to the classes established by the plan.
Section 2. Adoption of Plan: Before the classification plan or any part
thereof shall become effective, it shall first be approved in
whole or in part by the City Council. which shall arrange for
the holding of one or more public hearings thereon. Notices
of such hearings shall be posted in the manner prescribed by
the City Council, and the Council may upon the conclusion of
said hearing make such changes or modifications of the plan as
it shall deem warranted. Upon adoption by the Council, by
resolution, the provisions of the classification plan shall
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be observed in the handling of all personnel actions and
activities.
vised as occasion requires in the same manner as originally
The classification plan shall be amended or re-
established.
Section 3. New Positions: When a new position is created, before the same
may be filled, the appointing authority shall notify'the
Personnel Officer and, except as otherwise provided by ordinance
or these rules, no person shall be appointed or employed to
fill any such position until the classification plan shall have
been amended to provide cherefor and an appropriate employment
list has been established for such position.
Section 4. Reclassification: Posizions, the duties of which have changed
materially so as to necessitate reclassification, shall be
allocated to a more appropriate class, whether new or already
created, in the same manner as originally classified and allocated.
Reclassification shall not be used for the purpose of avoiding
restrictions surrounding demotions and promotions.
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RULE IV. COM!?ENSATION A?VD RELATED BENEFITS
Section 1. Preparation of Plan: The Personnel Officer or the person or
agency employed for that purpose shall prepare a pay plan
covering all classes of positions in the merit system, showing the
minimum and maximum rates of pay.. In arriving at such salary
ranges, consideration shall be given to prevailing rates of
pay for comparable work in other public agencies and in private
employment and to the existing differences in duties and responsi-
bilities as set forth in the classification plan. The Personnel
Officer or the person or agency employed for that purpose shall
thereafter make such further studies of the compensation plan
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as may be requested by the City Council.
Section 2. Adoption of Plan: The Personnel Officer shall submit the pro-
posed pay plan to the City Council. The Council shall adopt
or amend and adopt the proposed plan. Thereafter, no position
' shall be assigned a salary higher than the maximum or lower
than the minimum salary provided for that class of position
unless the salary schedule for the class is amended in the
same manner as herein provided for its adoption.
Section 3. Application of Rates: Employees occupying a position in the
merit system shall be paid a salary within the range established
for that position's class ia the pay plan. The nininwm rate for
the class generally shall apply to employees upon original
appointment but the City Manager may approve a higher rate of
compensation at any step within the range if he shall find
that the person appointed is reasonably entitled because Of
his experience or ability to a rate in any one of the steps
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'3 above the minimum or that it is not possible to obtain qualified
appointees at the established minimum rate.
employees re-employed after layoff shall receive a rate withirz
Officers and ..
the range established for the class and as agreed upon by the
appointing power and the employee concerned, subject to approval
of the City Manager. Transfers shall not affect an employee's
salary rate.
Section 4. Advancement at Rate of Compensation Within a Range: Employees
shall be considered for compensation adjustments within their
respective compensation ranges in accordance with the following
schedule :
Step 2 - at the satisfactory completion of their probationary
periods in Step 1.
Step 3 - at the completion of one year of satisfactory service
in Step 2.
Step 4 - at the completion of one year of.satisfactory service
in Step 3.
Step 5 - at the completion of one year of satisfactory service
in Step 4.
Advancements to Step 1 through 3 shall be approved by the
Personnel Officer following written recommendation by the depart-
ment head under whom the employee serves. Advancement to Step 4
through 5 may be approved by the City Manager following approval
by the Personnel Officer and written recommendation by the
department head under whoin the employee serves.
Approved step raises shall be effective from the first day of the
calendar month following the lapse of the requisite period of time
after the month of employment.
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Section 6.
Section 7. i (*
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Promotion or Advancement in Rate of Compensation:
employee is promoted from the employment in one class to em-
When an
ployment in a class allocated to a higher range, he shall be
advanced to the lowest step in such higher range which will
provide not less than one step increase in compensation unless
the 5th step in such range provides less than one step increase.
Group Health and Accident Insurance Plan: All full-time
City employees are eligible for the Group Health and Accident
Insurance Plan with the cost to be borne by the City. A full-
time employee may include his dependent(s) in the Group Health
and Accident Insurance Plan, but the employee shall pay the cost
thereof. The terms, awards, conditions, and premiums of the
Group Health and Accident Insurance Plan shall be as specified
by the City's agreement with the insuring agency.
Salary Payment Procedure: All'department.heads shall submit to
the Personnel Officer a time sheet listing the total number of
normal and approved overtime hours worked by each employee to the
end of each pay period.
and type or designation of the absence. Absences, suspensions,
The time sheet shall indicate any absences
etc,, for which no payment has been authorized shall be deducted
from the normal bi-weekly salary on the basis of 26 pay periods
per year. Similarly, salary for working periods of less than
normal, as in the case of new employees, terminated employees,
leaves of absence without pay, etc., shall be computed on the
basis of the monthly or hourly rate less the number of working
days of absence.
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RULE V. APPLICATIONS AND APPLICANTS
Section 1. Announcement: All examinations for classes included in the <...-
merit system shall be publicized by posting announcements in
the City Hall, on official bulletin boards, and by such other
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methods as the Personnel Officer deems advisable. The annouce-
ments shall specify the title and pay of the class for which
the examination is announced; the nature of the work to be
performed; preparation desirable for the performance of the
work of the class; the manner of making applications; and
other pertinent information.
Section 2. Application Forms: Applications shall be made on forms pro-
vided by the Personnel Officer. Such forms shall require in-
. formation covering training, experience, and other pertinent
information, and must be signed by the person applying.
Section 3. Disqualification: The Personnel Officer shall reject any
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. application which indicates OR its face that the applicant does
not possess the miniqum qualifications required for the posi-
tion or is not a citizen of the United States, exceprr when
citizenship is not required by state law. Applications also
shall be rejected if the applicant is known to be physically
unfit for the performance of duties of the position to which
. he seeks appointment, is addicted to the habitual excessive
use of drugs or intoxicating liquor; has been conv i c t ed of a
crime involving moral turpitude; has made any false state-
ment of any material fact, or practiced, or attempted to
practice, any deception or fraud in his application.
ever an application is rejected, notice of such rejection
with statement of reason shall be mailed to the applicant
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by the Personnel Officer. Defective applications may be
returned to the applicant with notice to amend the same,
providing the time limit for receiving applications has not
expired.
RULE VI. EXAMINATIONS
Section 1. General Nature and Types of Examinations: The selection tech-
niques used in the examination process shall be impartial, of
a practical nature, and shall relate to those subjects which,
in the opinion of the Personnel Officer, fairly measure the
relative capacities of the persons examined to execute the
duties and responsibilities of the class to which they seek
to be appointed.
Examinations shall consist of such recognized personnel selec-
tion techniques as achievements tests, aptitude tests, psycholo-
gical tests, evaluations of personality and background through
personal interviews, performance tests, evaluations of work
performance, work samples, or physical agility tests, or any
comb ination of them.
Section 2. Promotional Examinations: Promotional examinations may be con-
ducted whenever, in the opinion of the Personnel Officer, the
needs of the service require.
clude any of the selection techniques mentioned in Section I
of this Rule, or any combination of them. Only pernanent or
probationary employees who meet the requirements set forth in
the promotional examination announcements may compete in pro-
motional examinations.
Promotional examinations may in-
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.\ Section 3.
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Section 4.
c Section 5.
Section 6.
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Open-competitive Examinations:
class which are open to all persons meeting the qualifications for
Examinations for a particular
the class shall be conducted whenever the needs of the service
require and as a result of which names shall be placed on an employ-
ment list, in order of final scores, for a period of not more than
one year.
Conduct of Examination: The Personnel Officer shall determine the
manner and methods and by whom examinations shall be prepared and
administered. He may arrange with any competent agency or indi-
vidual for the performance by such agency or individual of the re-
sponsibility for preparing and administering examinations or shall
personally perform such duties.
for the use of public buildings and equipment for the conduct of
examinations and shall render such assistance as shall be required
The Personnel Officer shall arrange
with respect thereto.
Scoring Examinations and Qualifying Scores:
minimum score or standing for which eligibility may be earned shall
be based on all factors in the examination, including educational
requirements, experience,.and other qualifying elements as shown in
the application of the candidate or other verified information.
Notification of Examination Results and Review of Papers: Each
applicant taking an examination shall be given written notice of his
final earned score and, if successful, of his rank on the employment
list.
nation paper within five working days after the notices of examination
results were mailed. Any error in computation, if called to the
attention of the Personnel Officer within this period, shall be
corrected. Such corrections shall not, however, invalidate appoint-
ments previously made.
In all examinations the
Any applicant shall have the right to inspect his own exami-
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4'- RULE VII. EMPLOYHENT LISTS
Section 1. Employment Lists: As soon as possible after the completion of
an examination, the Personnel Officer shall prepare and keep
available an employment list consisting of the names of appli-
cants who qualified in the examination, arranged in order of
final scores, from the highest to the lowest qualifying score.
The final score shall be determined by the total of the scores
received by each applicant for each part of the test, based
upon the relative value assigned to each part of the examina-
tion before the examination is given. Whenever identical
ratings are received, names shall be arranged in order of the
application date.
* Section 2. Duration of Lists: Promotional employment lists shall remain
in effect for one year, unless sooner exhausted, and may be
extended, prior to their expiration dates; by action of the
Personnel Officer for additional periods, but in no event shall
such a list remain in effect for more than two years.
Open-employment lists created as the result of examinations
shall remain in effect for not more than one year after the
last administration of the examination, unless sooner exhausted.
Names .placed on such lists shall be merged with any others
already on the list in order of final scores and shall remain
on the list fur not more than one year.
Section 3. Re-employment Lists: The names of probationary and permanent
employees who have been laid off shall be placed on appropriate
re-employment lists in the order of their seniority.
shall remain thereon for a period of one year unless such persons
are sooner re-employed.
Such names
When a re-employment list is to be used to fill vacancies, the
Personnel Officer shall certify from the top of such list
the number of names equal to the number of vacancies to be
filled, and the appointing power shall appoint such persons
to fill the vacancies.
Removal of Names From List: The name of any person appearing
on an employment, re-employment, or promotional list shall be
removed by the Personnel Officer if the eligible requests in
writing that his name be removed, if he fails to respond to a
notice of certification mailed to his last known address, or
for any of the reasons specified in Rule V, Section 3, of these
rules. The person affected shall be notified of the removal
of his name by a notice mailed to his last known address.
names of persons on promotional employment lists who resign
from the service shall automatically be dropped from such lists.
Section 4.
The
~ . RULE VIII. METHOD OF FILLING VACANCIES
Section 1. Types of Appointment: All vacancies in the merit system shall
be filled by re-employment, transfer, demotion, or ,from eligibles
certified by the Personnel Officer from an appropriate employ-
ment or promotional list.
for appointment in these ways, provisional appointments may be
permitted in accordance with the Personnel Ordinance and these
rules.
Notice to Personnel Officer: Whenever a vacancy in the merit
system is to be filled, the appointing power shall notify the
Personnel Officer. The Personnel Officer shall advise the
In the absence of persons eligible
Section 2.
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appointing power as to the availability of employees for re-
employment, requested transfers, or demotion, and of eligibles
on employment or promotional lists for the class.
Section 3. Certification of Eligibles: The appointing power shall indicate
whether it is desired to fill the vacancy by re-employment, trans-
fer, or demotion, or whether certification from a promotional or
employment list is preferred. If appointment is to be made from
an employment or promotional list, the names of all persons willing
to accept appointment shall be certified in the order in which
they appear on the list.
Section 4. Order of Certification: Whenever certification is to be made, the
employment lists, if each exists, shall be used in the following
order: re-employment list, promotional list, open-competitive list.
Whenever there are fewer than three naues on a promotional list
or an open-competitive list the appointing authority may make an
- appointment from among such eligibles or may request the Personnel
Officer to hold a new examination and establish a new employment
list .
Section 5. Appointment: After interview and investigation, the appointing
power shall make appointments from among those certified and
shall immediately notify the Personnel Officer of the person or
persons appointed. The Personnel Officer shall thereupon notify
the person appointed and if the applicant accepts the appointment
and presents himself for duty within such period of time as the
appointing authority shall prescribe, he shall be deemed to be
appointed; otherwise, he shall be deemed to have declined the
appointment .
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Section 6. Provisional Appointments: In the absence of appropriate employ;
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ment lists, a provisional appointment may be made by the appointing
authority of a person meeting the minimum training and experience
qualifications for the position. An employment list shall be
established within six months for any permanent position filled by
provisional appointment. The City Manager may extend the period
for any provisional appointment for not more than thirty days by
any one action.
No credit shall be allowed in meeting any qualification or in the
giving of any test or the establishment of any employment or pro-
motional lists, for service rendered under a provisional appointment.
Section 7. Emergency Appointments: To meet the immediate requirsments of
an emergency condition, such as extraordinary fire, flood, or
earthquake, which threatens public life or property, any legally
competent officer or employee may employ such persons as may be
needed for the duration of the emergency without regard to the
Personnel Ordinance or rules affecting appointments. As soon as
possible, such appointments shall be reported to the Personnel
Officer .
RULE IX. PROBATIONARY PERIOD
Section 1. Regular Appointment Following Probationary: A11 original znc!
promotional appointmects shall be tentative and subject to a
probationary period of not less than six months actual service.
With respect to newly employed uniformed police and fire per-
sonnel the minimum probationary period shall be not less than
one full year. The Personnel Officer shall notify the zppointing
authority and the probationer concerned two weeks prior to the
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termination of any probationary period. The probation-
ary periods shall commence on the first day of the first
full calendar month after employment or promotion to a
higher classification. A leave of absence during the
probationary perlod shall lengthen the period by the
number of calendar days of the leave of absence.
If the service of the probationary employee has been sat-
isfactory to the appropriate supervising authority, then
the supervising authority shall file with the Personnel
Officer a statement in writing to such effect and stat-
ing that the retention of such employee in the service
is desired. If such a statement is not filed, the em-
ployee will be deemed to be unsatisfactory and his em-
ployment terminated at the expiration of the probationary
period.
Section 2. Objective of Probationary Period: The probationary pe-
riod shall be regarded as a part of the testing process
and shall be utilized for closely observing the employee's
work, for securing the most effective adjustment of a new
employee to his position, and for rejecting any proba-
tionary employee whose performance does not meet the re-
qui red standards of work.
Section 3. Rejection of Probationer: During the probationary period
an employee may be rejected at any time by the appoint-
ing power without cause and without the right of appeal.
Notification of rejection in writing shall be served on
the probationer and a copy filed with the Personnel Offi-
cer.
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Section 4. Rejection Following Promotion: Any employee rejected during
the probationary period following a promotional appointment,
or at the conclusion of the probationary period by reason of
.- failure of the appointing power to file a statement that his
services have been satisfactory, shall be reinstated to the
position from which he was promoted unless charges are filed
and he is discharged in the manner provided in the Personnel
Ordinance and these rules for positions in the merit system.
The appointing power shall notify the probationer in writing
as to whether his services are satisfactory or unsatisfactory,
RULE X. ATTENDANCE AND LEAVES e
Annual Vacation Leave:
is to enable each eligible employee annually to return to
his work mentally refreshed. All full-time City employees
Section 1. The purpose of annual vacation leave
shall be entitled to annual vacation leave with pay except the
following:
(a) Employees who have served less than six months in the
service of the City; however, vacation credits for the
time shall be granted to each such employee who later
receives a permanent appointment.
Employees who work on a provisional basis, and all employees (b)
who work less than one thousand forty (1,040) hours a year,
Section 2. Annual Vacation Leave - Miscellaneous and Uniformed Police Employees:
All eligible miscellaneous and uniformed police employees shall
be entitled to a vacation according to the number of continuous
full calendar years of employment based on the following scale:
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1 through 5 full calendar years of continuous service -
10 working days.
6 through 15 full calendar years of continuous service -
15 working days.
16 and over full calendar years of continuous service -
20 working days.
Section 3. Annual Vacation Leave - Uniformed Fire Employees Working Shifts:
All eligible uniformed fire employees working shifts shall be
entitled to vacation according to the number of continuous full
calendar years of employment based on the following scale;
1 through 5 full calendar years of continuous service -
15 consecutive days.
6 through 15 full calendar years of continuous service -
22 consecutive days.
16 and over full calendar years of continuous service -
29 consecutive days.
Vacation for shift employees shall commence immediately following
their last work shift.
Vacations for uniformed fire employees who are no.t regularly
assigned to shift hours shall be determined on the same basis
as for miscellaneous employees.
Determination of Vacation Benefits: Employees who work less than Section 4.
full time, but more than one thousand forty (1,040) hours a year,
shall be credited vacation on a prorated basis.
For the purposes of computing vacation grants, employment shall
be considered to have commenced on the first full calendar month
of employment.
For the purposes of computing annual vacation leave, a working
day shall be considered as one-fifth (1/5) of the number of
working or duty hours in the established work week.
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The times during a calendar year at which an employee may take
his annual vacation leave shall be determined by the department
head with due regard for the wishes of the employee and particular
regard for the needs of the service, minimum application being four
hours' leave.
No employee may accumulate more than twenty-nine days of annual
vacation leave from one calendar leave year to another. For the
purposes of computing vacation leave, Saturdays, Sundays, and
official holidays shall not be counted as work days.
Permanent employees who terminate employment shall be paid the
salary equivalent to all accrued vacation leave earned prior to
the effective date of termination. No such payment shall be
made for vacation accumulated contrary to the provisions of
these rules.
After one full consecutive year of service and upon recommendation
of a department head and approval of the City Manager, an employee
who has worked overtime may be granted compensating time off in
lieu of pay, providing the compensating time off does not exceed
ten working days per year'.
Termination of employment terminates continuity of service
for vacation benefits.
Sick Leave:
and permanent employees within the merit system at the rate of one
work day for each calendar month of service except those who work
Section 5. Sick leave with pay shall be granted to all probationary
less than 1040 hours a year.
any year shall be cumulative for succeeding years.
not be considered as a privilege which an employee may use at his
Any such leave accrued but unused in
Sick leave shall
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discretion, but shall be allowed only in case of necessity and
actual sickness or disability.
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Any abuse of sick leave is cause
for disciplinary action or dismissal by the appointing power.
Employees eligible for sick leave shall be granted such leave when .
' they'are incapacitated for performance of their duties by sickness,
injury, or for medical, dental, or optical examination or treat-
ment, or when a member of the immediate family of the employee is
afflicted with an illness and requires the care and attendance of
the employee, or when, through exposure to contagious disease, the
presence of the employee at his post of duty would jeopardize the P
health of others.
The term "contagious disease" means disease or illness subject to
quarantine or requiring isolation or restriction of movement of the
patient for a particular period in accordance with regulations pre-
scribed by the local health authorities having jurisdiction. If
no definite time period is specified by the regulations, the
period shall be determined by the attending physician.
leave is granted under these circumstances, an explanatory medical
When sick
certificate from the physician is required.
An employee who is absent on account of sickness must notify his
supervisor as early as practicable on the first day of such absence,
or as soon thereafter as possible.
medical, dental, or optical examinations must be approved in ad-
Requests for sick leave for
vance by the supervisor. Any grant of sick leave in excess of
three consecutive work days must be supported by a medical certi-
ficate furnished by the Personnel Office to be filled out by
a physician or practitioner. When the period of absence is for
three consecutive work days or less, the Personnel Offlce
may accept the employee's certification as to the reason
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for absence. Written applications for sick leave must be filed
with the supervisor within the pay period in which the employee
returns to duty.
Part-time employees, with regularly scheduled tours of duty
fixed in advance, who work more than 1040 hours a year shall earn
sick leave on a pro-rated basis.
Part-time employees for whom no regularly scheduled tour of duty
has been prescribed and who work less than 1040 hours per year do
not earn sick leave.
Any eligiSle employee who is absent from work by reason of attend-
ace upon members of the immediate family whose illness requires
the care of such employee, or death in the immedizte family of the
employee, may be allowed to use his accumulated sick leave not to
exceed six work days on the basis of one-half work day for each month
of regular enployment.
mother, brother, sister, spouse, mother-in-law, father-in-law, or
8
Immediate family shall include the father,
dependent of any eligible employee of the City.
An employee who is required to take a physical examination in con-
nection with induction or enlistmeat in the Armed Forces is not
charged leave for the time necessary to complete the examination.
Members of the military reserve who are recalled to active duty are
placed on pay status with the branch of the Armed Forces for the
time required to take the physical examination and, therefore, must
be charged'leave or leave without pay for that purpose.
Employees making a donation of blood kthout charge will be given
a reasonable time off for that purpose.
against annual or sick leave when such absence is approved in ad-
vance by the supervisor.
No charge will be made
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Application of sick leave entitlement to medical and dental
calls during working hours may be authorized at the discretion
of the department head.
For the purposes of computing sick leave, employment shall be
conszdered to have comenced on the first day of the first full
calendar month of employment.
Holidays occurring during sick leave shall not be counted as a
day of sick leave.
Sick leave shall not be taken as vacation time, nor compensated
for in cash at any time, except as provided in Rule XI, Section 8. P
Section 6. Allowance for Occupational Sick Leave: Leave with pay for injuries
sustained in the line of duty shall be granted as follows:
(a) An employee absent because of injury received in line of
duty is charged either sick or annual leave if the period
of incapacitation exceeds ninety (90) calendar days and
receives no credit €or either annual or sick leave for
the period of incapacitation that exceeds ninety (90)
calendar days.
(b) The City will supply the difference between the allowance
granted by the insurance and the amuunt the employee would
ordinarily receive for the period of incapacitation not
to exceed ninety (90) calendar days. Thereafter during
such absence he may elect to apply pro-rated accrued sick
or annual leave to such absence,..and to receive compensation
therefor in the amount equal to the difference between
the compensation to which he is entitled under the Workmen's
Compensation Act and his regular pay, not to exceed the
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amount of his earned sick or annual-leave.
benefits paid by insurance, wage benefits alone shall be con-
sidered and medical and hospital benefits shall be excluded.
Members of the Fire and Police Departments who are engaged in
active law enforcement or firefighting work and who are classed
as Safety Members in the Public Employees' Retirement System
shall have all of the benefits conferred upon them by the laws
In figuring the
of the State of California with respect to job-incurred illness
or injury. * Section 7. Military Leave:
with the provisions of state law.
military leave shall give the appointing power an opportunity
within the limits of military regulations to determine when
Military leave shall be granted in accordance
All employees entitled to
such leave shall be taken. Military leave with pay must not
exceed fifteen (15) days in any one calendar year for any
full-time permanent employee who has been in the service of
the City for one year or more.
A request for military leave which does not fall in the above
category should be referred to the City Manager.
Manager may grant military leave of absence or military furlough
upon receipt of the employee's application supported by an
The City
Armed Forces order.
Jury Duty:
granted leaves of absence during periods of jury service.
The City will continue to pay employees their regular rates
Section 8. Employees who are called for jury duty shall be
of pay during such leaves.
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Section 9.
P
Leave of Absence:
employee leave of absence without pay.
be granted except upon written request of the employee.
Approval shall be in writing and a copy filed with the
Personnel Officer.
leave to report promptly at its expiration, or within a
The City Manager'may grant a permanent
No such leave shall
Failure on the part of the employee on
reasonable time after notice to return to duty, shall be
cause for discharge.
Maternity leave of absence without pay shall be required of
women employees who have completed their seventh month of
pregnancy.
A pregnant employee may be terminated or placed on temporary
leave of absence without pay at any time at the discretion of
the appointing authority if she is adjudged incapable of
performing her normal duties because of the pregnancy.
Prior to returning to work, the employee must submit a re-
lease from her doctor permitting her to return to work.
Section 10. Hours of Work: 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:OO a.m. until 5:OO p.m.
Employees for whom necessity requires a different schedule than
that generally applied, shall work according to regulations
prepared by the respective department' head and approved by
the City Manager.
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t, '
'.'
. Section 11.
Section 12.
Other Employment: No City employee shall be permitted
to have outside employment which is inconsistent or in-
compatible with his City employment. An employee who
desires to have outside employment shall first obtain
written approval from his ,department head and the City
Manager.
Attendance: Employees shall be in attendance at their
work in accordance with the rules regarding hours of
work, holidays, and leaves. All departments shall keep
daily attendance records of employees which shall be re-
ported to the Personnel Officer in the form and on the
o
dates he shall specify. Failure on the part of an em-
ployee, absent without leave, to return to duty within
twenty four (24) hours after notice to return shall be
cause for immediate discharge, and such employee auto-
matically waives all rights under the Personnel Ordi-
nance and rules.
Section 13. Holidays: Municipal offices shall be closed on the
following days which are designated as legal holidays
for all employees in the City service: New Year's Day,
Lincoln's Birthday, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Admission Day, Veterans'
Day, Columbus Day, Thanksgiving Day, and Christmas Day.
Any employee who desires to attend church services on
Good Friday between the hours of 12:OO noon and 3:OO p.m.,
may De granted time off from work by the department head.
When a public holiday falls on Sunday the following Mon-
day will be observed.
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If an employes is required to work on any of the above holidays
such employee shall be paid at the employee's regular hourly
rate of pay for each hour worked. Hembers of the Fire Depart-
ment who are required to be on duty for 24-hour periods shall be
paid at the employee's regular hourly rate of pay in lieu of
holidays for the same number of hours as is commensurate with
the holiday time hereby granted to other employees.
Section 14. Overthe: Anticipated programmed overtime, to be paid at the
employee's regular hourly rate of pay for each hour worked, may
be allowed at the request of the department head subject to the 9
prior approval of the City Manager.
back time for a minimum of two hours shall be paid at the rate of
time and one-half.
amount of s3*50 per night and should call back occur during
stand-by time, the employee shall also receive the regular hourly
rate of pay for each hour, or fraction thereof, worked.
Department heads are not eligible for paid overtime.
Emergency overtime or call
s Stand-by time shall be compensated in zul
Employees
who are required to appear in court during off-duty hours in con-
nection with City business shall be paid straight time for the
nuinber of hours spent in court at their regular hourly rates.
RULE XI. CIU.NGES IN EMPLOYMENT STATUS
Section 1. Transfer: After notice to the Personnel Officer, an
employee may be transferred by the appointing power at
any time from one position to another position in the same
or comparable class. If the transfer involves a change
from the jurisdiction of one ,supervising official to another,
both must consent thereto unless the'City Manager orders
the transfer for purposes of economy or efficiency.
Transfer shall not be used to effectuate a promotion,
demotion, advancement, or reduction, each of which may be
accomplished only as provided in the Personnel Ordinznce
and in these rules. No person shall be transferred to
a position for which he does not possess the minimum
qualifications.
(&
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Section 2. 4-Y
i
Section 3,
..
Section 4.
Promotion: Insofar as practicable and consistent with the
best interest of the service, all vacancies in the merit
system shall be filled by promotion from within the City's
service, after a promotional examination has been given and
a promotional list established.
If, in the opinion of the appointing power, a vacancy in the
position could be filled better by an open competitive exami-
nation instead of a closed promotional examination, then
the appointing power may request the Personnel Officer to call
for applications for the vacancy and arrange for an open com-
petitive examination and for the preparation and certification
of an eligible list.
Demotion:
ability to perforn his required duties falls below standard, or
for disciplinary purposes. Upon request of the employee, and
The appointing power may demote an employee whose
with consent of the prospective supervising official, demotion
may be made to a vacant position as a substitution for lay-off,
No employee shall be demoted to a position for which he does
not possess the minimum qualifications. k'ritten notice of the
demotion shall be given the employee before or within three days
after the effective date of the demotion, and a copy filed with
the Personnel Officer.
Suspension:
his position at any time for the good.of the service, for
disciplinary purpose, or for other just cause with the approval
of the City Manager.
thirry days, nor shall any employee .be penalized by suspension
The appointing power may suspend an employee from
Suspension without pay shall not exceed
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~, , " I
-.
J for more than thirty days in any fiscal year. Suspension
shall be reported immediately to the Personnel Officer by
the appointing power.
Section 5, Reinstatement: With the approval of the appointing power, an
employee who has resigned with a good record may be reinstated
within two years to his former position, if vacant, or to a
*
vacant position in the same or comparable class. Upon rein-
statemeEt, the employee, for all purposes, shall be considered
as though he had received an original appointment.
Discharge: An employee in the merit service may be discharged
at any time by the appointing power, upon approval of the City
Manager and prior notification to the Personnel Officer. Any
employee who has been discharged shall be entitled to receive
0 Section 6.
a written statement of the reasons for such actions and to a
hearing if he so requests, as provided in the Personnel Ordinance
and these rules.
Lay-Off: The appointing power may lay off an employee in the
merit service because of material change in duties or organi-
Section 7.
zation or shortage of work or funds,
the effective date of a lay-off, the appointing power shall
notify the Personnel Officer of the intended action with reasons
therefor, and a statement certifying whether or not the services
of the employee havebeen satisfactory, A copy of such notice
shall be given the employee affected.. If certified as having
Ten working days prior to
given satisfactory service, the name of the employee laid off
shall be placed on the appropriate re-employment list as pro-
vided by these rules.
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I,
b. ,. .
J
1 '1. i *
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Section 8.
P
Section 1.
0
Resignations:
vice in good standing shall file with the appointing power a
written resignation stating the effective date and reasons
An employee wishing to leave the City's ser-
for leaving at least two weeks before leaving the service,
unless such time limit is waived by such official. A state-
ment as to the resigned employee's service performance and
other pertinent information shall be forwarded to the Per-
sonnel Officer. Failure to give notice as required by this
rule may be cause for denying future employment by the City.
An employee, who terminates in good standing after ten (10)
years of continuous City services or by death, shall be paid
one-fourth (k) of his accumulated unused sick leave. An
employee, after fifteen (15) years of continuous City service,
upon termination or retirement in good standing or by death,
shall be paid one-half (k) of his accumulated unused sick leave.
Payment for unused sick leave shall be computed on the highest
average monthly base salary during any period of three con-
secutive years during employment with the City.
RULE XII. GRIEVANCE PROCEDURES
Purposes of Rule:
(a) To promote improved employer-employee relationships by
establishing grievance procedures on matters for which
appeal or hearing is not provided by other regulations.
To afford employees individually 'or through qualified
employee organizations a systematic means of obtaining
further considerations of problems after every reasonable
effort has failed to resolve them through discussions.
(b)
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(c) To provide that grievances shall be settled as near
as possible to the point of origin.
To provide that appeals shall be conducted as informally
as possible.
(d)
Section 2. Matters Subject to Grievance Procedure:
merit service shall have the right to appeal, under this rule,
a decision affecting his employment over which his appointing
Any employee in the
power has partial or complete jurisdiction and for which appeal
is not provided by other regulations or is not prohibited.
Section 3. Informal Grievance Procedure: An employee who has a problem or
complaint should first try to get it settled through discussion
with his immediate supervisor without undue delay. If, after
this discussion, he does not believe the problem has been satis-
factorily resolved, he shall have the right to discuss it with
his supervisor's immediate superior. Every effort should be
made to find an acceptable solution by informal means at the
lowest possible level of supervision. If the employee is not in
agreement with the decision reached by discussion, 'ne shall then
have the right to file a formal appeal in writing within ten (10)
calendar days after receiving the informal decision of his imme-
diate superior. C
An informal appeal shall not be taken above
the appointing power.
Section 4. Formal Grievance Procedure: (Levels of Review Through Chain
of Command.)
(a) Firsr Level of Review:
writing to the employee's immediate supervisor, who shall
render his decision and comments in writing and return them
The appeal shall be presented in
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to the employee within 15 calendar days after receiving
the appeal. If the employee does not agree with his
supervisor's decision, or if no answer has been received
within 15 calendar days, the employee may present the
appeal in writing to his supervisor's immediate superior.
Failure of the employee to take further action within 10
calendar days after receipt of the written decision of
his supervisor, or within a total of 25 calendar days .if
no decision is rendered, will constitute a dropping of
the appeal.
(b) Further level or levels of review as appropriate: The
supervisor receiving the appeal shall review it, render
his decision and comments in wrlting, and return them to
the employee within 15 calendar days after receiving the
appeal. If the employee does not agree with the decision,
or if no answer has been received within 15 calendar days,
,
he may present the appeal in writing to the department
head. Failure of the employee to take further action
within 10 calendar days after receipt of the decision,
or within a total of 25 calendar days if no decision is
rendered, will constituta a dropping of the appeal.
(c) Department review: The department head receiving the
appeal, or his designated representative, should dis-
cuss the grievance with the employee, his representa-
tlve, if any, and with any other appropriate persons.
The department head shall render his decision ar?d com-
ments In writing and return them to the employee within
fifteen (15) calendar days after receiving the appeal.
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If the employee does not agree with the deci-
sion reached, or if no answer has been received within
15 calendar days, he may present the appeal in writing
to the City Manager.
further action within 10 calendar days after receipt of
Failure of the employee to take
the decision, or within a total of 25 calendar days if
no decision is rendered, will constitute a dropping of
the appeal.
(d) City Manager: The City Manager or his designated repre-
sentative should discuss the grievance with the employee,
his representative, if any, and with any other appro-
priate persons. The City Manager may designate a fact
finding committee or officer not in the normal line of
supervision to advise him concerning the appeal.
City Manager shall render a decision in writing to the
employee within 20 calendar days after receiving the
appeal.
The
The decision of the City Manager shall be final
within the framework of the municipal government.
Section 5. Conduct of Grievance Procedures:
(a) The time limits specified above my be extended to a
definite date by mutual agreement of the employee and
I
the reviewer. concerned.
t
(b) The employee may request the assistance of another person
of his own choosing in preparing and presenthg his
appeal at any level of review.
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. ' 1.
i --
Section 1.
Section 2.
Section 3.
e
The employee and his representative may be privileged
to use a reasonable amount of work time as determined
by the appropriate department head in conferring about
and presenting the appeal.
Employees shall be assured freedom from reprisal for
using the grievance procedures.
RULE XIII. TRAINING OF EMPLOYEES
Responsibility for Training: The City encourages training of
employees. Responsibility for developing training programs for
employees shall be assumed jointly by the Personnel Officer and
department heads.
courses, demonstrations, assignments of reading matter, or such
other devices as may be available for the purpose of improving
the effectiveness and broadening the knowledge of municipal
officers and employees in the performance of their respective
duties.
Such training programs may include lecture
Credit for Training: Participation in and successful completion
of special training courses may be considered in making advance-
ments and promotions. Evidence of such activity shall be filed
by the employee with the Personnel Officer.
Reimbursement for Accredited Courses: The City will refund
the cost of transportation, tuition, and books to permanent
employees for professional and technical courses taken in
accredited educational institutions provided that:
a. The subject matter of the course is related directly to
the employee's field of work for the City.
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS:
CITY OF CARLSBAD 1
e
I, Margaret E. Adams, City Clerk of the City of Carlsbad,
California, hereby certify that the foregoing Resolution No. 1727
was duly and regularly adopted, passed, and approved by the City
Council of the City of Carlsbad, California, at a regular meeting
of the said City Council, held at the regular meeting place thereof
on the 5th day of May, 1970.
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