HomeMy WebLinkAbout1981-03-03; City Council; 6488-1; Updating of Personnel Rules and RegulationsCITY OF CA?.LSBAD
BILL NO._��� - �,��_ le�.__Y'_ �'/ Initial:
V Dept.Hd.
C. Ati;y.
DL"P.ARTMENT: Personnel _^ C. Mgr.
UPDATING OF PERSONNEL RULES AND REGULATIONS
Statement of the Matter
The City Council adopted Personnel Rules and Regulations on
May 5, 1970. Since adoption several changes to the rules
have resulted from the meet and confer process. Each change
has been contained in a Memorandum of Understanding and adopted
by separate City Council resolution. In an effort to consoli-
date all these changes into a single document they are
presented here, integrated into the Personnel Rules and
Regulations. This effort is intended to be one of integration
and consolidation of existing language into a single reference.
Copies of the changes were forwarded to all the employee
associations for review and comment. No comments or changes
were received. Therefore, it is recommended the City Council
adopt the attached resolution.
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This item was originally presented to the City Council at its
January 20, 1981 meeting. The item was withdrawn from the agenda
at staff's request in order to correct an omission from the text.
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Fiscal Impact
No significant impact, The action is an updating of existing
rules and regulations and will not change existing benefits.
Exhibit
Resolution No. 6423.
Recommendation
Adopt Resolution No. 6423 approving consolidation document. ;
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Council Action
1-20-81 Council continued the matter at the request of staff.
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RESOLUTION NO. 6423'
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, CONSOLIDATING
AND INTEGRATING A NUMBER OF PREVIOUSLY AND
SEPARATELY ADOPTED CHANGES INTO THE PER-
SONNEL RULES AND REGULATIONS.
WHEREAS, the City Council has separately adopted several
changes to the Personnel Rules and Regulations; and
11HEREAS, it is desirable to integrate and consolidate
previous changes into the Rules and Regulations;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Personnel Rules and Regulations in Attachment A
amend and supercede those Personnel Rules and Regulation:
adopted by Resolution No. 1727 and all subsequent
Resolutions amending Resolution No. 1727.
3. That the Personnel Rules and Regulations, attached hereto
as Attachment A and made a part hereof, are hereby adopted,
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held on the 3ra day
of Nardi _, 1981, by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES- None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
ALI:' HA L. RAUTENKRANZ, Cie- C*]:k
(SEAL) 0'
i
,..,, ATTACHMENT A
to Resolution No. 6423
PERSA`' Er. RJLFS MID RT?C�M'17(MS
TRIM, Or CONI M. US
p m r-sEmai
SUBJECT
PACK
I.
A.
PURPOSE
1
B.
DIXINITLION OF 11Ef2i 9
1
II.
GENERAL PROVISIONS
1.
Fair nrployn_nt
4
2.
Political. Activity
4
3.
Meet arO Confer
4
4.
Violation of. Rules
5
5.
Amer&;ent and Revision of Rules
5
III.
CLASSIFICATION
1.
Preparation of Plan
5
2.
Adoption of Plan
6
3.
New Positions
6
4.
Reclassification
7
IV.
COMPEIvSA'ITON AND RES.ATM BE+:: ITS
1.
Preparation of Plan
7
2.
Adoption of Plan
7
3.
Application of Rates
8 '
4.
Advancanent at Rate of Compensation within
a Range
8
•
5.
Prtxmtion or Advancanent in Rata of Compensation
9
6.
Out of Class Oompensation
9
7.
Deferred Compensation
10
B.
Group health and Accident Insurance Plan
10
9.
Salary Payment P'rocedurt:
10
V.
APPLICA'I'ZONS AND APPLICAMS
1.
Announcawant
11
2.
Application Forms
11
3.
Disqualification
11
VI.
EM9IMUONS
I.
General Nature and 11)�re.: of Examinations
12
2.
hoamtional Examinations
12
3.
Open-Ccnipetitive Examinations
13
4.
Goaxiuct of LNamination
13
"
5.
Scoring Examinations and Qualifying scores
13
6.
Notification of L'=nination I<esults a►xI
Review of Papers
14
1
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RULE-SECum
SUBJBCT
'PAGE
VII.
EN)IOWW 'LISTS
1.
Employment %fists
14
2.
Duration of (F.nploymant) Lists
14
3.
Reer olol, gent Lists
15
4.
Remmval of Names rram (Mployment,
Reemployi-iient, or Pmwtional) List
15
VIII.
D'=eOD OF r7LLIM VP.CAWIES
1.
'types of Appointment
16
2.
Notice to Personnel Officer
16
3.
Certification -of Eligibles
16
4.
Order of Certification
16
5.
AppoinXent
17
,6.
Provisional Appointments
17
7.
n rgency Appointment
18
IX.
PROBATIGMARI PM- OD
1.
Reguias Appointment Follawi.ng Probationary
Period 18
2.
Objective of Probationary Period
19
3.
Rejection of Probationer
19
4.
Rejection Followin7 Promotion
19
X.
ATT MANCE AND IwAVES
1.
Annual Vacation Leave
20
2.
Annual Vacation leave - Miscellaneous
and Uniform,.A Police Employees
20
3.
Annual. Vacation Leave - Uniformed Fire
Employees T%brking Shifts
20
4.
Determination of Vacation Benefits
21
5.
Sick Leave
23
6.
Allowance for Occupational Sick Lowe
26
7.
Sick Leave Conversion
28
B.
Military Leave
28
9.
Jury Duty
29
10.
Leave of Absence
29
11.
Hour6 of hbrk
30
12.
Other Enployment.
30
13.
Attendance
30
14.
Holidays
31
15.
Overtime
31
XI.
CaANGE IN IZTMYIZ\IT STATUS
1.
Transfer
34
2.
P=wtion
34
3.
Dewtion
35
4.
Suspension
35
5.
Reinstatement
35
F.
Discharge
36
7.
Lay -Off
36
8.
Reduction in City Vbrk lbrce
36
9.
Resignations
41
11
W"GE
RmE-SEMTION
SUWMT
MI.
GRILma.: PROCEDURES
42
1.
Purpose
43
2.
Definitions
and MnreviG"able Grievance
43
3,
4.
Reviewable
Special Grievance Procedure Provisions
44
46
5
Grievance Procedure Steps
XIII.
TZAINIATG� EDUCATTn-, It�L^EI3TNE PAY L;RWITS
1.
Training and Education
4849
2,
Incentive Pay
XIV.
EVUCATION iIQCE3'1'IVF PAS
51
1.
Fire
54
2.
Police
Xv.
REPORTS Ate REMORDS
1.
,ter cards
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58
2.
Ciange of Status Report
XVI.
RULE OF APPE TO PERS 0i11 BOARD
1.
Right of Appeal
59
59
2.
Method of Appeal
59
3.
tbtice
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4.
Investigation
60
5.
6.
Hearings
Findings and Recamendations
60
� Y
PTi2">0:`,"�£II, SYSTFrM RUMS AND RDSUi,AMMS OF .'!. E
CITY Or, CARLSBAD, CAL=RNIA
RULE I.. PURPOSE AND DF INITIONS
Rule I A. se: The objectives of these rules
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are to facilitate efficient and economical services to the public and to
provide fora fair and equitable merit system of personnel managemant in
the municipal government.
'these rules set forth in detail those procedures whiCh insure
similar treatment for those who compete for original emplo�7mnt and
proaotion, and define the obligations, rights, privileges, benefits, and
prohibitions which are ,laced upon all employees included in the merit
system of the City.
At the sair-- time-, xd.thin limits of administrative feasibility,
recognition shalll be given to the fact that individuals differ, that no
t,D individuals react ali),a to reward and discipline or to uniform
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motivation and encouragement. For this reason, considerable latitude
shall be given to the Personnel Officer in the execution of his duties
and responsibilities relating to employee morale anµ discipline.
Rule I-B. Definition of Terms: The following to me-
whenever used in these rules, shall be construed as follows:
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Section 1. `Advance3rant": A salary increase of one or nore
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steps within the limits of the pay range established for
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a class.
Section 2. "Allocation": she assignment of a single position
to its proper class in accordance with the duties per- y
form, and the authorities and responsiblities exercised. +
"sect ion 3.
antin "ne, : '.tire officers of the- City Vino
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have the authority to make the appointwnt to the posi-
tion W be filled.
Section 4.
"Class": All positions sufficiently similar in
duties, authorities and responsibilities to permit
grouping under a camon title and the application with
equity of comron standards of selection, transfer,
pm.motion, and salary.
section S.
,DeMtion": The movement of an esployee from one r
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class to another class having a lo;aer maximm rate of
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pay, or a change in duties which are allocable to a class
having a lcr,2er maxin um rate of pay;
section 6.
"Eligible" = T person Vinose name is or_ an employm-Lt i
list.
Section 7.
"Ilttploy.•r-nL List"
(a) pprn employment list: A list of nmras of ;
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persons who have taken an open-com9et1tive exam-
ination for, a class and have qualified.
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(b) Pro rational employment list: A list of names of ;
persons who have taken a prawtional exanusiation for
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a class and have qualified.
section 8.
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'"Examination":
(a) open-•com}xt;itive e�:amination: An examination for a
particular class which is open to all persons mist- ;
ing the qualifications for the class.
(b) promotional examination: An examination for a
particular class, admission to the examination being
limited to permanent and probationary
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employees in the City's service who meet the quali-
fications for the class.
Section 9.
"Merit Service": All positions of emplolmient in the
service of the -City except those specifically excluded by
ordinance.
Section 10.
"Permanent tinployee": An Dmployee who has successfully
completed his probationary period and has been retained
as hereafter provided in these rules.
Section 1.1.
"Part-time Dmployee": An employee ,laving a proba-
tionary or regular appointment who vorks less than 1040
lours in any one fiscal year.
Section 12.
"Personnel ordinance": Ordinance M. which creates
a personnel merit system for the City.
Section 13.
lip ,robstionazy'Period": A working test period during
which an employee is required to downstrate his fitness
for the duties to which he is appointed by actual per--
formar:ce of the duties of the position.
Section 14.
"Pro .ration": Tae mvement of an anployee from one
class to another class having a higher maximum rate of
Puy•
Section 15.
"3royisional_ Aga ntnient" : An appointnent of: a per-
son who,possesses the minim= qualifications established
fo:: a particular class and wlo has baaen appointed to a
position in that class in the absence of available
eligibles.
Section 16.
"Reduction": A salary decrease willAn the limits
of the pay range established,for a cl-iss.
Section 1.7.
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"Reinstatm=tnt" 11ne reemployment without examina-
Lion of a formes permanent or, probationary employee.
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NEW
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Section 18.
Section 19.
Section 20.
Section 21.
Section 1.
Section 2.
Section 3.
"Re-jectioe: Tne separation of an employee fron the
service during his probationary period.
"Suspension": Tne -temporary separation from the service
of an employee tait-,Dut pay, for disciplinary purposes.
"TEmporary Position": A full-time or part-thm position
of limited duration.
" Transfer" : A change of an employee from one position
to another position in the scone class or another class
having essentially the same maximum salary limits,
involving the performance of similar, duties and requiriwj
substantially the same basic qualifications.
RULE II. GERE—R , PEOVI.SIQ«
Fair Fmoloyment: Lb question in any test, in -any appli--•
cation form, or in ary other personnel proceedings, or of
any appointing authority, shall be so framed as to attempt
to elicit information concerning political or religious
opinions or affiliations of an applicant, eligible, or
employee. No. appointment to or ramval from a position
shall be affected or influenced in any manner by any
political or religious opinion or affiliation.
Political Activity: 'She political activities of City
employees shall conform to pertinent pzovisions of State
late.
kSeet and Oonfer: ZZe City yonager shall negotiate those
matters which are subject to the "meet and confer"
process as specified under Section 3505 of the Goverrraent i
Code of the State of California.
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:Section 4 . Violation of Rules: Violation of the provisions of these
rules shall be grounds for dismissal, 'rejection, demotion,
or suspension.
Section 5. 'Amendment and Revision of 'Rules: Recommendations for
amendments and revisions of these rules may be made by
the Personnel Officer. Prior bo consideration,
any amenr'..mazt or revision shall be publicly postal
at such places as the City Council shall prescribe for
at least ten consecutive days together with entice 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 upon adoption by the City Council following
such hearing.
RULR III. MASSIT-11CATIO,\
Section 1. Pr 2Mat.ion of Plan: The Personnel Officer, or a per-
son or agency employed for that purpose, shall. ascertain
and record the duties and responsibilities of all posi-
tions in the merit system and, after consultation with
appointing authorities and heads of departments affected,
shall reccemend a classification plan for such posi-
tions. The classification plan shall oonsist of classes
of positions defiried by class specifications, including !
title, a description of typical duties and responsi-
bilities of positions in each class, a statement of the
.training, experience, and other: qualifications to be
required of applicants for positions in each class. The
classification plan shall be so developed and maintained
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that all positions substantially similar with respect
to duties, responsibilities, authorities, and character
of work are included within the same class, and that ;
the same schedules of canpensat.ion may be made to apply
with equity to all positions in the same class. In the '
preparation of the ciassi.ficatitz plan, the Personnel
Officer shall allocate every position included in the
merit system to the classes established by the plan.
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Classification and job -audit per individual review will j
be an on duty of aftinistration and the Personnel
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Director.
Section 2. LdMtion'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 Councit which
shall arrange for the holding of one or more public hear-
ings thereon, t\;otices of such hearings shall be posted
in the manner prescribed by the City Council, and the Coun-
cil may upan the conclusion of said hearing make such �
changes or rndifications of the plan as it shall deem =
warranted. Upon adoption by the Council, by resolution,
the provisions of the classification plan shall be observed
in the handling of all personnel actions and activities. i
the classification plan shall be. ameirled or revised as
occasion requires in the same manner as originally C
established. ?
Section 3. ;new Positions: when a noz position is created, before
the same may be filled, the appointing authority shall
notify the Personnel 0 ficar and, except as otherviise
provided by ordinance or these rules, no person shall
be appointed or Esmployccd to fill any such position until
the classification plan shall have been miended to provide
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therefore and an appropriate employment list has been
established for such position.
Section 4. Reclassification: Positions, the duties of which have
changed materially so as to necessitate reclassification,
shall be allocated to a more appropriate class, whetter
new or already created, in the same manner as originally
classified and allocated. Reclassification shall not
be used for the purpose of avoicling restrictions surrounding
demotions and pm-wtions.
RULE 1V. CO:MNSATION AND RUNTIM IiE;WI'15
Section 1. Preparation of Plan: The Personnel Officer or the per --
son of agency cployed for that purpose shall prepare ;
a pay plan covering all classes of -positions in the -merit
systati, showing the minimum and maximum rates of pay. In
arriving at such salary ranges, consideration shall ba
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 responsibilities
as set foxth in the classification plan. 11be Personnel 4
Officer or the person or agency amployed for that purpose
shall thereafter make such furth r. studies of the a mpen-
sation plan as may be requested by the City Council.
Section 2. 'Ad22!40n of Plan: The Personnel Officer shall submit
the proposed pay plan W the City Council. The Council
shall adopt or amend and adopt the proposed plan.
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FEW
Section 3.
Section A.
?hereafter, no position shall be assigned a salary higher
than the maximum or laver 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
rrovided fox its adoption.
P�uplication of Rates: Employees occupying a position in
the rrxit system shall be paid a salary within the range
established for that position's class in the pay plan.
Zie mi.nirum rate for the class generally shall apply to
employees upon original appointment but the City Manager
may approve a higher rate of comrcp^:.nsatibn at any step
within the range if he shall find that the parson appointed
is reasonably entitled because of 1-is experience or
ability to a rate in any one of the steps above the'
minimum or that it is not possible to obtain qualified
appointees at the established minim= rate. officers and
employees re-employed after layoff shall receive a rate
within the range est,*, lished for the class and as agreed
upon by the appointing power and the employee concerned,
subject to approval of the City Manager. Transfer shall
not affect an employee's salary rate.
Advancement of Rate of 22EE?nsation %ithiri a_Range:
kmployeas shall be considered for compensation adjustments
within their respective cosppensation ranges in accordance
with the follo'.��ing schedule:
Step B - at the satisfactory completion of their proba-
tionary period in Step A.
Step C - at the completion of one year of satisfactory
service in Step B.
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Step D -• at the completion of one year of satisfactory
service in Step C.
Step•E - at the completion of one year of satisfactory
service in Step D.
Advancements to Step B through E shall be approved
by the City Manager following approval by the personnel
Office-r and written recommendation by the department
head under whom the employee serves. Any nonprobatiOnuT
miscellaneous employee may be advanced to the next higher
salary step in rangZ regardless of time served at a pre-
sent step. Such advancement to be the result of a
recomnmdation originated by the supervisor responsible
for completion ana subnission of the employee's per-
formance evaluation. Recomntndations shall be approved
by the employee's department head and'the city Manager.
Section 5. prcvotion or Advancftent in Rate'of Compensations
VIen an employee is promoted from the anployment in One
class to employment in a class allocated to a bigho= range,
he shall be advanced to the la•est 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.
Section b. out of Classi.iication Compensation: fire safety eAployeees
are authorized out of cl.assi.fica�don oanpensation of a
minimum of five percent (5%) above a menber's existing
salary for each occasion the member is employed out of
classification; such compensation to m-mcnce follcrAng
the first four. hours �Of enplp1ment out of classification.
Assignment of employees to out of classification service
will be at the sale discretion of the Fire CI-Acf.
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IF
Section 7. Deferred Co;npe station: The city shall provide for a
Deferred canpensatica Plan which may be utilized by any
enpioyee on an optional basis. The city reserves the
right to accept or reject any particular plan and to
impose specific conditions upon the use of any plan.
such plan shall be implanented without cost to the city.
Section 8. croup Healttii/Accident and Lonq 'Perm Disability Plans:
All full-tinn-_ City employees are eligilbe for the Group
Health/Accident/Dental/Eye Care Insurance Plan, with
dependent coverage provisions the costs of which will
be borne by the city mxl e*loyee in shares as detennM.ned
by employer -employee agreements approved by the City
council. i
All tu7.1-tim= City employees are eligible for the Iong i
t
Term Disability Insurance Plan, the cost to be borne j
by the City. !�
4he terms, awards, conditions, and premiums of the
Group healthVAccident/Dental Dye Care Insurance Plan
and the long Tenn Disability Insurance Plan shall be as
specified by the city's agreement with the insuring
agencies.
Section 9. Salary Payment Procedure- All departmantt112ads shall �
P
sulanit to the Personnel officer a time sheet listing
the total number of normal and approved overtime hours
tinrl: ,a by each aqployee to the exl of each pay pvriai.
The time sheet shall indicate any absences and type or
designation of absence. Absences, suspensions, etc.,
for which no payment has been authorized shall ba doductcd
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MWO
Section 1.
Section 2.
Section 3.
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from the normal big,%-1-:ly salary on the basis of 26 pay
periods p-x year. Similarly, salary for workin7 1.1ericds
of less, than normal, as in t:be case of new crQlq; rees,
terminated anployees, leaves of absent-- without pay,
etc., shall be crmputed on the basis of the bNeekly or
hourly rate less the number of working days of absence.
Rum. V. APPLICATIOVS RM APPI,IC1
AnnoUn0% Ment: All examinations fq,: classes included in
the merit system shall be publicized by posting announce-
mants in the City Ball, on official bulletin boards, and
by such othex methods as the Personnel Officer deems
advisable. The announcements shall specify the title au -id
pay of the class for which the examination is announced;
the nature of the work to br perfoxmed; preparation'desir-
able for the performance of the work of the class; the
manner of ma3;inq applications; an4 other pertinent
information.
Application Forms: Applications shall be made on forms pro-
vided by the Personnel Officer. Such foams shall require in-
formation covering training, experience, and other lxrti-
nent info=tion, and must be signed by the person applying-
Dis ification: `the Personnel officer sl 1 reject any
apiplicat:ion which indicates on its face that the applicant
does not possess the minim= qualifications requi.ce« for the
position or is not a citizen of the united States, except
when citizenship is not nl qui.xud by stage lml- Appli-
cations also shall ba rejected if the applicant is lwem
to be phvsic:ally unfit for the parfornranoa of duties of tie
position to which he seeks appointment, is addicted to the
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habitual w cessive use of drugs or intoxicating liquor;
has been convicted of a crime involving moral turpitude;
has made any false statement of any vaterial fact, or
practiced, or attempted to practice, any deception or
fraud in his application. [ftnever an application is
rejected, notice of such rejection with st:aterent of rea-
son shall be mailed to the applicant by Personnel officer.
Defective applications may be returned to t11.: applicant
with notice -to amend the same, providing the time limit
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for receiving applications has not expired.
RULE VI. E aMMTIo2S �
Section 1. General Mature and T�-s cif laminations: The selection '
techniques used in the examination process shall be
impartial, of a practical nature, and shall relate to
these subjects which, in the opinion of the Pecsonnel
r
officer, fairly measure the relative capacities of the
persons examinod to execute the duties and responsibili-'
ties of the class to which they seek to be appointed.
Examinations shall consist of such recognized personnel
selection techniques as achievements tests, aptitude
tests, psychological tests, evaluations of personality {
and backgrourd through per: onal int:eavie"r;s, peeformance
tests, evaluations of vaork performance, work samples, or
physical agility tests, or any combination of then.
Section 2. 'Promotional I3caminzntions: Promotional e nminat:ions may
be conducted whenever, in the opinion of the Personnel
officer, the needs of the service require. Pramtional
examinations may include any of the selection techniques
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Section 3.
Section 4.
section 5.
mentioned in Section I of this Rule, or any combination
of than. Only anent or probationary employees who
nmet the requirements set forth in the promotional
examination annctuzcennmts may compete in p=otional
examinations.
0 titive Examination: &aminations for a
particular class which are open to all persons meeting
the qualifications for the class shall be conducted
whenever the needs of the service require and as a
result of which names shall be placed on an anployment
list, in order of final scares, for a period of not
more than one year.
Conduct of FKami.nation: The Personnel officer shall deter-
mine the rronner and methods and by whom exmunations
shall be prepared and administered. He,may arrange with
any campetent agency or individual for the perform-u)ce
by such agency or individual of the responsibility for
preparing and administering examinations or shall per-
sonally perform such duties. The Personnel officer shall
arrange for the use of public buildings and equipment
for the conduct of examinations and shall render such
assistance as shall be required idth respact thereto.
Scoring RKaminations and Qualifying Scores: in all
examinations the minimum score or standing for which
eligibility ney 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 in-
formation.
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Section 6. rotifio-ation of 1'ramination Results and'Inieo'of Papers:
Bach applicant taking an examination shall be given
written notice of his final earned score and, if success-
ful, of his rank on the employment list. Any applicant
shall have the right to inspect his can examination paper
within five working days after the notices of examination
results were mai1ea. Any error in computation, if called
to the attention of the Personnel Officer within this
period, shall be corrected. Such corrections shall not,
horA--ver, invalidate appointments previously made.
RULE VI.T. R'iPfA15v,£ q -LISTS
Section ].. Ifinl�ment Lists: As soon as possible after {zbe cczm
pleti.on of an examination, the pcxsonnel Officer shall ;
prepare and keep available an enplOYMent list consisting
of the name✓ of applicants who qualified in the examinar
tion, arranged in order of final scores, from the highest
to the lowest qualifying score. The final score shall lie s
f
determined by the total of the scores received by each
i
applicant for each part of the test, based upon the re-
lative value assigned to each part of the examination
before the examination is given. Mmever identical
ratings are received, names shall be arranged in order of
the application date.
section 2. Duration of Lists: Pr=tional employment lists shall
ram -in 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 remair: in effect for
-14-
IF
Section 3.
Section 4.
wre than tAo years. Open-canployment lists created as
the result of examinations shall re►uin in effect for not
more than one year after the last administration of the
examination, unless sooner exhausted. Namas placed on
such lists shall be merged with any others already on
the list in order of final scores and shall retain on
the list for not pore than one year.
Re to 'Z Lists: The names of probationary and per-
manent employees Nft have been laid off shall be placed
on appropriate reemplolmnt lists in the order of their
seniority. Such manes shall rein thereon for a period
of one year unless such persons are sooner reemployed.
When a reenplaylrent list is to be -used tO fill vacancies,
the personnel officer shall certify from the tap of such
list the :.0 i-er of nmmes equal to the nm&2r of vacancies
to be filled, and the appointing pdxgr shall aft- int such
persons to fill the vacancies.
Removal of names From List: %he name of any person appear-
ing on an employment, reanployment, or pr=tional list
shall be re„oved by the Personnel Officer if the eligible
requests in �,rriting that his name be rerov0d, if he fails
to respond to a notice of certification nailed 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 th^a retmval of his. a by
a notice mailed to his last )mown address. The names
of parsons on premtional e:mploynrnt lists Ift resign
from the service shall autA:nm'atically be dropped from
such lists.
-15-
NXIS Vill. 'MMOD OP •rzLLMV •VACA cIES
Section 1.
9y2es of Appointnnnt: All vacancies in the merit system
shall be filled by remployment, transfer, dewtion, or
from eligibles cert:if. ed by the Personnel Officer from an
appropriate employment or pramtional list. In the
absence of persons eligible for appointment in these
ways, provisional appointments iray ba permitted in accord-
ance with the Personnel ordinance and these rules.
Section 2.
Notioe to Pe-rsonnel Officer: TT'ner_ever a vacancy in the
merit system is to be filled, the appointing po;ver shall
notify the Personnel officer. The Personnel Officer
shall advise the appointing power as to the avail-
ability of employees for remployrz nt, requested trans -
fears, or dewtion, and of eligibles on employmant or
promotional lists for the class.
Section 3.
Certification of Eligibles: The appointing werar shall
indicate whether it is desired to fill the vacancy by
reemployr,lent, transfer, or demotion, or whether certi-
fication from a pranotional or emplcyc nt list is pre-
ferred. If appointment is to be made frcn an employ-
ment or pm -notional list, the names of all persons twill-
ing to accept appointm..nt shall by certified in the order
in which they appear on the list.
Section 4.
Order of Ce tLi.£ication: Mianever certification is to
be made, the emplolnnent lists, if each exists, shall be -
used in the folladmg order: resmployA ,.nt list, pro-
motional list, opaz-col-patitive list. Whenever there
are fewer than three mamas on a ptional list or an
open-canpeta.tive list the appointing authority may mace
-16-
Section S.
Section G.
an appointment from among such eligibles or may request
the Personnel Officer to hold a nmiwamination and estab-
lish a ncna cmployment list.
AEointnent: After intervievl and investigation, the
appointing power shall make appointments from arrong those
certified and shall irm-diately notify the Personnel
Officer of the person or persons appointed. The Person-
nel Officer shall thereupan notify the person appointed
and if the applicant accepts the appoinbrez'►t and pre-
sents himself for duty within such period of time as
the appointing authority shall prescribe,*he shall be
dem-ed to be appointed; otherwise, he shall be deenei to
have declined the appointment.
Provisional Appoiniaft ts: In the absence of appro-
priate evloyment lists, a provisional appointment
may be made by the appointing authority of a parson
meeting the miniarnmi twining and cxerience qualifi-
cations for the position. An cmploym:nt list shall
be eabablished within six nonths for any permanent
position filled by provisional appointanzz'it. The City
2danager may extend the period for any provisional
appointment for not nore than thirty days by any one
action.
No credit shall be allov�sj in meeting any qualifica-
tion or in the giving of any test or the establishment
of any enplokwnt or pronntional lists, for serlice
rendered under a provisional. apPOintmr-nt.
-17-
Section 7. niergency Appoinbm.-ztS: To meet the :bpediate arequixe-
Tnents 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 Ordinzancc: or rules affecting appointments.
As soon as possible, such appointments shall be reported
r
to the Personnel. Officer.
RUTS IX. PROBATIOiS Y PERIOD
Section 1. Regular Appointment following Probationary: All ori-
ginal appointments shall be tentative and subject to
a probationary period of not less than one year actual
service. All promotional appointments shall be tenta-
tive and subject to a probationary period of not less
' than six nonths actual' service, excepting police and
i
` fire safety employees. Promotional probation for police
i
and fire safety employees shall be one year. The Person-
nel Officer shall notify the appointing authority and the i
probationer concerned Wo vveks prior to the tennination ;
of any probationary period,. The probationary periods `
shall commance on the first day of the first full calendar i
month after csmplct�mient or promotion to a higher classi-
fication. A leave of absence during the probationary ;
period shall lengthen the period by the n1m1ber of calendar '
days of the leave of absence. If the service of th-- pro-
bationary employee has been satisfactory to the appro-
priate supervising authority, then the supervising
authority shall file with the Personnel Officer a state-
-18-
Section 2.
Section 3.
Section 4.
n
ment in writing to such effect and stating that the
retention of sash employee in the service is desired.
if such a statement is not filed, the employee will be
.deemed to be unsatisfactory and his anployment terin-
ated at the expiration of the probationary period.
Objective of'probation2n Period: The probationary
period shall be regarded as a part of the testing pro-
cess and shall be utilized for closely observing the
employee's work, for securing the Trost effective adjust-
ment. of a n%7 employee to his position, and for reject-
ing any probationary employee whose performance does
not meet the required standards of work.
Rejection of_Probationer: During the probationary
period an -employee may be rejected at any -tam by
the appointing 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 Officer.
Rejection Ibllowing pro otion: Any employee rejected
during the probationary period following a promotional
appointment, or at the corrlusion of the probationary
period by reason of failure of the appointing praer
to file a statement that his services have been satis-
fac'aory, shall be reinstated to the position from which
he was pro.roted unless charges are filed and he IS dis-
charged in the manner provided in the Personnel Ordi-
nance and these rules for positions in the merit system.
jibe appointing pawrr shall notify the probationer in
k,riting as to whether his services are satisfactory or
unsatisfactory.
-19-
RULE X. ATl MAACE, AM LFTV S: The purpose of annual
vacation leave is to enable each eligible employee
annually to return to his work mentally refreshed. All
full-time City employees shall be entitled to annual
vacation leave with pay except the following:
(a) Employees nano have served less than six months
in the service of the City; however, vacation
i
credits for the time shall be granted to each
such employee who later receives a p=*anent
appointment.
(b) Employees who work on a provisional basis, and
all employees who work less than one thousand ;
forty (1,040) hours a year. !
Section 2. Annual Vacation Leave - Miscellaneous and Uniform
'Police Employees: All eligible nd.scellaneous and
uniformed police employees shall lie entitled to a
vacation according to the nwber of continuous full
calendar years of employment based on the following
scale: ,!
1 through 5 ball calendar years of continuous service -
10 working days.
6 tl--ough 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 - Uniforw l fire Mployees tibrk-
ing Shifts: All eligible uniformed fire employees
working shifts shall be entitled to vacation according
to the number of: continuous full calendar years of
tmployArent• based on the following scale:
-20-
6 shifts: 1 through 5 full calendar years of continu-
ous service.
9 shifts: 6 through 15 Cull caleroar years of continu-
ous service.
12 shifts: 16 and over full calendar years of continu-
ous service.
Vacation for shift employees shall carxmence ixmlediaiely
i
follaAng their lase work shift. Vacations for uni- !
forn,xl fire employees who are not regularly assigned +
to shift hours shall be determined on the same basis f
as for miscellaneous employees. J
Section 4. Detexmization of Vacation Benefit--: RkPloyees who
work less tli'm full time, but rrore than one thousand
forty (1,040) hours a year, shall be.crcdited vaca-
tion on a prorated basis.
For the purposes of computing' vacation grants, employ-
ment shall be consider d to have c a~need on the #
first full calendar month of employment.
For the purposes of computing annual vacation leave, i
a working day shall be coiisidered as one -fifth (1/5)
of the number of vorking or duty hours in the estab-
lished work meek.
The times during a calendar year at which an employee
r
may take his annual vacation leave shall be determined f
by the department: head with due regard for the wished
of the employee aril paticular regard for the needs
of the service, minim= application being four hours i
leave.
M employee may accumulate more than tmnty-nine days
of annual vacation leave from, one calendar leave year
-21-
to another. For the purposes of canputing vacation
leave, Saturdays, Sundays, and official l-olidays shall
not be counted as work days.
Permanent employees %dio texminate arploymmit shall be
paid Uie salary equivalent to all accrnred vacation
leave, earned prior to the effective date of ternina-
,tion oat to exceed 29 days. lb such pay rw- t shall
barnacle for vacation acctrnulated contrary to the pro-
visions of these rules.
Any probationary or permanent miscellaneous City
employe-- in the classified se rice may request can-
pensating time off for overtim worked at a rate of
one and one half the overtire hours worked. The approval
or disapproval of the request rests
with the City. If the accrual of compensation time
off is approved, such accrued compensating tirro- off
shall be taken not later than the end of the third can -
plate pay period following such accrual. In no case
shall an employee accrue more than fifty (50) total
hours of compensating time off, nor shall the use of
such compensating time off br extended beyond the and
of the third co:npletc pay pariod following the accrual.
After one full consecutive year of service and upon
remirnendation.of a depu-tmelit head and approval of
the City Manager, a fire safety e iployee who has worked
overtime may be grantw r_r -onsating time off in lieu
of pay, providing the oomp4nGating tiara off does not
eacoed ten xorking days per . Malice safety mployees
F
i -22-
9
may elect compensatory time off in lieu ok salary o6m-
pensat:ion for l;olidays or overtime worked. Such elec-
tion to be li it ed to the accrual of not more than
eighty (80) hours of compensatory time oft at any one
tine. The use of any cambination of eampens-tory
time off and annual vacation shall not exceed one hand- ;
red sixty (160) hours at any one time during any fiscal a
.r
year. in all cases the assignment of artnloyees to holi-
day cork or dvertime work as well as final approval of
rejuests for compensation time off shall be thesole
responsibility of the Police Chief. Termination of ;
employment terminates continuit-y of service for vacation j
benefits.
Section 5. Sick Leave: Sicl: leave with pay shall be granted to
all pro",ationary and permanent employees within the merit
system at the rate of one work day for each cAsn&ar
month of service except those who :pork. less than 1040
hours a year. Any such leave accrued but unused in any 0
l
year shall be cumaladve for succeeding years. Sick
r
leave shall not be o-)nsiderod as a privilege which. an
{i
employee may use at his discretion, but: shall Le allowed
only in case of necessity and actual sickness or dis-
ability. Any abuse of sic), leave is cause for dis-i-
plinary action or dismissal by the appointing po:%x:r.
mployees eligible for sick leave shall be granted such
leave when they are incapacitated for p=fon=ce of
their duties by sickness, injury, or for medical, dental,
or optical examination or tseatlnent, or when a member of:
the irmx3diate fanuly of the employee is afflicted with an
-23-
illness and requires the care and attendance of the employee,
or when, through exposure to contagious disease, the
presence of the egloyee at his post of duty v,ould
jeopardize the health of others.
ne term "contagious disease" means disease or illness
subject in quarantine or requiring isolation or rest=ic-
tion of rmvement of the patient for a particular period
in accordance with regulations prescribed by the local
health authorities having jurisdiction. If no definite
ti,-nr period is specified by the regulations, the period
shall be determined by the attending physician. ivl--n
sick leave is granted under these circumstances, an
explanatory medical certificate fram the physician is
required.
An employee who is absent on account of sickness mast
notify his supervisor as e=ly as practicable on the first
t day of such absence, or as soon thereafter as possible. '
f '
1 '
} requests for sic}: leave for medical, dental, or optical
exa-ni nations must be approved in advance by the supervisor.
Any grunt of sick leave in excess of three consecutive
work days must be supported by a medical certificate
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
Office n-1y accept: the employee's certification, as to they }
reason, for absence.
Saritten applications for sick leave wrest be- filed with
the supervisor within the pay period in which the
employee returns to duty.
:1-
Part-time employees, with regularly scheduled tours
of duty fixed in advance, ift work pore than 1040 hours
a year shall earn s3.ck leave on a prorated basis.
Part-i:.um employees for whom no regularly scheduled
i
tour of duty has been prescribed and who work less than
1040 hours per year do not earn sick leave. Any eligible
employee who is absent from work by reason of attend-
ance upon mars of the knediate family whose illness
requites the care of such employee, or death in the imedi-
ate family of the einployese, may be allowed. Imiediate
family shall include the father, mother, brother, sister,
spouse, mother-in-law, father-in-lav, or dependent,of any
eligible employee of the city.
An employee who is required to take a physical exmdmation
in connection faith induction or enlistr.�nt in the "amed
Forces is not ckoxged leave for the time necessary to
,
complete the examination. MaWY ers of the military reservs ;
who are recalled to active duty are placed on pay status
with the branch of the Armad Forces for the time rewired
to take the physical examination and, therefore, *vast
be charged leave or leave without pay for that purpose.
M ployees m king a donation of blood without charge will
be given reasonable time off for that purpose. 1b charge
will be made against annual or sick leave when such
absence is approved in advance by the supervisor.
Application of sick leave entitlement to medical and
dental calls during working hours Tray be authorized at
the discretion of the deparbrcnt head. For the purposes of
-25-
.-w ,—
ooirruting sick leave, armloyment shall be considered to
have muirenced on the first day of the first full calendar
month of arployment. Holidays occrrring during sick leave
shall not be counted as a sick leave. Sick leave shall
not be taken as vacation tire, nor compensated for in
cash at any time.
MWithstw-Aing anything in this section to the cuntrary,
local safety enTloyees are not entitled to sick leave
for any job related illness, injury or other occurrence
which entitles the employee to benefits under s s4850 of
the Labor Code (hereinafter 14850 benefits'). The City
Managerinay authorize use of sick leave after 4850 bene-
fits ). The City manager may authorize use of sick leave
after 4850 benefits are exhausted for job related ill-
ness or injury if he/she determine:. that:
(a) The injury is not parmanent atQ- stationary.
(b) Ube use of sick leave will mt- exteuxl the effective
date of the cployee's ret iranent.
(a) The anployee is physically unable to work and there
is a reasonable probability he/she may return to
pork.
If the City determines that a local safety mwber should
be retired for disability, such retiranent may beconie
effective, mh-;ithst.unding the fact that his/her sick
leave has not expired.
Section 6. Allowance for Occupation Sick Leave: Leave with pay
for injuries sustabied in the line of duty shall be
granted as fcllms:
—26—
(a) A miscellaneous employee absent because of injury
received in line of duty is charged either sick:
or annual leave if the period of incapacitation
exceeds ninetl (90) calendar days and receives no
credit for either annual or sick leave for the period E
i
Of incapacitation tbat exceeds ninety (90) calendar
days. She City will supply the diffexence between
the allu4ance granted by the insurance and the airaunt
the employee wvuld ordinarily receive for the period
of incapacitation not to exceed ninety (90) calendar t
days. Shereafter during such absence he may elect jJ
to apply pro -rated accrued sick or annual leavers
to such absence, and to receive campvnsation there-
fore In the amount equal to the difference between
the cmgensation to which he is entitled under the i
SVarkmen's Carpensation Act and his regular pay,
not to exceed the amount of his earned sick or annual
leave. In figuring the benefits paid by insurance,
wage benefits alone shall i.:e considered and medical
and hospital benefits shall be excluded. '
(b) A local safety employee absent because of injury
received i.n line of duty is charged either sick or
annual leave if the period of incapacitation exceeds
one full calendar year and shall not be granted sick
4
leave in lieu of nor in addition to the leave of f#
absence with pay authorized by Section 4$50 of the
California Labor Code. local. safety employees ara +
I
not entitled to sic}c leave for any job related
�• _fit_ ,
0
injury or other occurrence which entitles the G-nployee
to 4850 benefits.the City twill supply the difference
between the allowance granted by the insurance and
the amount the employee would ordinarily receive
for the period of incapacitation mt ti exceed one
full calendar year.
Section 7. Sick Leave Conversion: Any perrranent miscellaneous
employee iti*ho has accrued and maintains a minim, M of one
hurxired (100) hours of sick leave shall be permitted
to convert up\to t:elve (12) days of accumulated uncom-
pensated sick leave to vacation at a ratio of threa (3) i
sicY. leave days per one (1) day of vacation. 'The initial.
opportunity to elect the conversion of sick leave to vacs:
Lion sbal3 be offered to enployees during, the first ten
calendar days of Augmt, 1979. Thereafiar, the sick
F
leave conversion option I,iill be provided during the first
week of each fiscal year.
7
Any 1p=mmnent miscellaneous employee applying for 'retire -
rent with the Public nnployees' Retirement System P y
convert accrued and unused sick leave timr- to extend ser-
vice time in the systan at the ratio of 25 days cf accrued
sick leave to one month of extended service-
F
S-ctiori 8. All enploYeees entitled to military leave shall give the
appointing poker an opportunity within the limits of
military regulations todetermine Iohen such leave shall '
be taken. Mid itaiy lea �e with pay must not exceed fif- t
teen (15) days in any one calendar year for any full-
tip.M-Inent• employee wlio has been in the service of the
xne
City for ono year or more.
Section 9.
Section 10.
a
A request forirdlitaiy leave which does not fall in the
above category should be referred to the City Manager.
1'ne City Manager may grant military leave of absence or
military furlough upon receipt of the employee's appli-
cation supported by an Armad Forces order. ;
Lury Du : ihployees who are called for jury duty shall
be granted leaves of absence during periods of jury sera -
vice. 'I`he City will continue to pay employees their f
regular rates of pay during such leaves. ;
meave of Absence: The City manager may grant a pexranent
employee leave of absence without pay. 1Qo such leave
shall be graWt:ed except u_ron written regiest of the
employee. AWxoval shall by in writing and a oopy filed
with the Personnel, officer. rai.luxe on the part of the �
employee on leave to report pranpcly at its exppasaticn,
or within a reasonable tbTe after notice to return to _
5
duty, shall. be cause for discharg-�. '
Maternity leave of absence without pay shall ba �
authorized w=en eaployees making application as pre-
scribed above.
A pregnant employee may continue to imrk until
such time as tia employee's physician declares that
f
continued ux)rk would endanger the health or safety of
the employee.
A pregnant employee Pray use all and any accrued
sick leave and vacation for purposes related to the
termination of pregnancey.
An employee �,A-D has texnu.nn ted a pregnancy may
return to 4ork at any time after the termination of
-29-
the pregnancy that the employee's physician declares the
return 'o work will not endanger the health and/or safety
of the employee.
Section 11. Hours of librk: All offices of the City, o.cept 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 frork8:00 a.m. until
5:00-p.m.
Dmloyees for who necessity requires a differ-4it sche-
dule than that generally applied, shall Imrk arr„ordb g to
regulations prepared by the despective departrent head ; !
and approved by the City Manager.
Section 12. Other . ILnplo lent: rho City employee shall br knitted
to have outside employment which is inaonszstent or
incw,pitible x-rith his City employment. I;n empla ee utko "
desire: to have outside employment shall first obtain
1
written approval fran his C-Qpartwnt head and the City j
Manager.
Section 13. Attendance: Twployres shall be in attendance in their
vork in accordance with the rules regarding hours of work,
holidays, and leaves. All depart rants shall keep daily
I
attendance records of employees which shall be reported s
i
to the Personnel Officer in the form and on the dates he
shall specify. failure on the part of an cqmloyee,
absent without leave, to return to duty within b%lenty-
four. (24) hours after notice to return shall ba cause
for immediate discharge, and such employee autonutically
waives all rights under tha Personnel Ordinance and rules.
-30-
0
Mection Holidays: Municipal offices shall be closed on days
designated as holidays by City Council resolution. OVloyees
shall receive holidays or overtime pay in accordance with
City Council resolution effecting employee benefits.
When a City Council authorized holiday falls on Sunday,
the fo'llwing Monday will be observed. When a City Council
authorized holiday falls on Saiukday the previous Friday
vrill be observed.
Section 35. Overtime:
(a) Application: .Any einloyee in the classified service
who is ordered, because of emergency or in •the interest
of the efficiency of the department, to render service
beyond the normal work, week delineated for his classifi-
cation shall be granted conpensation in pay or time for
such overtime at one and one-half times his regular
hourly rate. Payment or time given for overtime shall
be rcede during the pay period v:herein the overtime was
earnVA. Time in lieu of pay at no tam° shall exceed
40 hours.
(b) Holiday Time: (1) In those instances where an wployee
other than police and fire department personnel is
required to render service as designated in Section 14
of this rule and - as defined in the California State Code
Section 5201, the enployee shall be granted compensaticn
for such overtime at one and one-half tier-s his regular
hourly rate.
(2) Members of the police department who are required
to work shifts of a norwal 40-hour work week, Sunday
-31-
through Saturday, shall be paid at the rate of one and
one-half times the rmployee's regular hourly rate of pay
in lieu of eleven holidays. Payn-ent shall be made
during the pay period wherein the overtime is vnrked.
hers of the police department who are required to
fork a normal eight hour day (8:00 a.m, to 5:00 p.m.,
Monday through Friday) shall receive holiday overt.imr
at the rate of one and one-half tirres the employee's {
regular hourly rate of pay for each of tl;e eleven
scheduled holidays worked in a forty hour work weak, and
having worked a ndnimrnn of six of the eleven scheduled
holidays in any calendar ,year shall receive holiday over- ;
time pay for eleven holidays. Payment sha]1 made
during the pay period wherein file overtano is worked and
during the final month of the fiscal year because of,
fulfillment of the "minimum of six" require;rmt.
(3) munbers of the fire department who are• required
to work 24-hour shifts to a 63 hour work �mek, Sunday
E
through Saturday, shall receive holiday overtime at the
rate of one and once -half tins the errployee's regular j
shift rate of pay for five and one-half (5-1/2) shifts per
year, or a prorate share using the ratio 1/12 for each
month, or part thereof, %,o&ed for less than the full
tine year. Payment for holiday overtime shall be made
one tine per year during the final month of the fiscal
year or the final month of employm:nt, whichever is
first.
(c) Administration of overtima and Ftoliday Tune: 'ihe
-32-
smallest unit of time credited as overt:im3 shall be
one-half (1/2) hour zor any pay Period- Overtim %Mrked
thai: is less than one-half (1/2) hour during a pay
period shall be disregarded and may not be accumulated
except for calculating whole hours within said pay period.
The depai:bT mt head shall report: all overt3le for pay or
time in lieu on finance departyezt tima and pay records.
The department head shall report all film away fran work
in the natter of allowing the use of accumulated
owipensation time.
(d) Definition of me and Holiday Time: Tbr the purposes
of• this section, the follaging definitions shall apply.
(1) "Wertima" shall nean any time rrorked in excess of the
norml work week consisting of 40 hours or, in the case
of the fire depa,: bTent, any time wo 3cd in excess of
63 hours daring the work week, W idh if credited as set
forth hereinabove.
(2) "Holiday Time" shall min work parfornad on any
of the holidays designated in Paragraph (b,1), and
to the normal work week in the case of police and fire
department personnel.
(e) Call -Back overtime: i.'nenever an employee is called back
to work for less than two (2) hours, he shall receive a
minim- = of taro (2) hours of overtime aoI-pensataon at time
and one-half . All time ;,-irked which exceeds the mi nimim'
of tao (2) hours shall 1>3 compensated for at the actual
hours worked at the rate of tijm and one-half.
(f) Lccep dons io Overtaurn Policy: 4hese overturn provisions
shall not apply to personnel under the D-.ecutive Salary Plan.
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.A
(g) $tundby pay: Standby duty is c-:fined as that period of
tine assigned by ess appointing authority, in addition to
the eloyee's normal cork tacJt assignm'nt, during c�hich
the cnnloyce must renkvn where he can be contacted by
telephone or radio, ready for ism- cb.atG call-back to his
department
artt to perform an essential service. Standby ti:c
far employees shall t-0 cm-p nsaced in an amunt of $10 daily.
Section 1. 'rransfer: After notice to the Personnel Officex, an ePlOyce'
may be transferred by the appoint -mg pcmer at any tip
from one position to another position in the sm'e or
comparable class. if the transfer involves a change from
the juri�-dictaon of one supervis:blg officia3. to anoth:x, both
must consent thereto unless the city Manager orders the
transfer for purposes of economy or efficie4cy. Transfer
shall not be used to c,.ffc:tuate a pmTOU.0n, demotion, ad-
van%wnt, or reduction, cacti of which may ba ac onrlished only
as provided in the Pc-.rsonriel Ordinance and in these rules. PIo
parson shall ba transferred to a position for which he do-s
not possess the min:Umm qualifications.
Se,, Lion 2. p. cwtion: insofar as practicable and consistent with ti:
best interest of the service, all vacancies in the msrit
system shall be filled by promotion from within the Ciiy's
service, after a pr mational examination has been given and
a promotional. list established. if, in the opinion of dia
appointing pot.Nar, a vacancy in the position mould be filled better
by open caq>2Utive exmdnation instead of a closed praiutional
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'mm
Section 3.
Section 4.
Section 5.
examination, then the appointing poweo: may request the
Personnel Officer to call for applications for the vacancy
and arrange for an open conpetiitive examination and for
the preparation and certification of an eligible list.
(Reference: Section 5, Rule IV)
Darotion: Xha appointing power may denote an employee
whose ability W perkorm his Cecluired duties falls belcxa
standard, or for disciplinary purposes. Upon regnnest of
the employee, W with consent of the prospective super-
vising official, danotion may be made to a vacant posi-
tion as a substitution for lay-off. tdo employee shall
be dcanoted to a position for which ha- does not posses
the minimum qualifications. Written notice of the 0enotion
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: Try appointing power may suspend an employee
from, his position at: any tuns for the good of the service,
for disciplinary purpose, or for other just cause with the
appraval of the Ci 1 r5anager. Suspension witl:aat p«y
shall not exceed thirty days, nor shall any einmloyee be
penalized by suspension for more than thirty days in any
fiscal year. Suspension shall be reported immediately to
the personnel. Officer by the appointing paver.
Reinstatement: With the approval of the appointing power,
an cmployee Niho has resigned with a gxd record may be
reinstated within b%D years to his form-yr position, if
vacant, or to a vacant position in the same or comparable
-35-
i
r
• class. Upon reinstatement, the anployee, for all par-
pa::es, shall lhr considered as though he had received an
original appointment.
Section G. Discharge: An employee in the mPxi.t sea -vice MAY be dis-
charged at any time by the appointing P wer, upon approval -
of the City manager and prior notification to the Personnel
Officer. Any employee Wo has been discharged shall be
entitled to receive 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.
Section 7. Lay-off.: ahe appointing tower may lay-off an employee
3
in •Elie merit service because of material change in duties
or organization or si�rtage of work and funds. Ten uorking
days prior to the effective date of a lay-off, the appointing
power shall r)Dtify the Personnel Officer of the intended, t
action with reasons therefore, ar4 a statement certifying
t
Vnether or not the services of the employee have been ¢
satisfactory. A copy of such notice shall be given the
employee affected. Tf certified as having given satis-
factory service, the nine of the employee laid off shall
be placed on the appropriate reemployment list as provided
}
by these rules.
Section B.. Reduction in force procedures.- Zha following procedures
will apply to all probationary and perm-ment miscellaneous
city essployr_.es in the event of a reduction in the City
work force.
(a) Definitions:_•the followi.nj definitions apply to
these procedures:
(1) City service Seniority shall iL determined as
-3G-
FEW
the period of total continuous service with
the City as measured from the date of original
appointment.
(2) Classification Seniority shall be deternuned as
the period of total continuous service of an
employee in the present classification as mea-
sureca from the date of appointment to thutt
classification.
(b) Reduction in rozce--D=tion: Whenever th-xe is
a reduction in work force the City shall first darote
to a vacancy, if any, in a classification, vfhich the
cvaployee with the greatest lerrjrii of continuous City
service has previously serval and its determined to be
currently qualified. An employee may refuse to accept.
a dewtion airl accept layoff without jeopardizing
reemployment rights otherwise provided, for in this
procedure.
(c) -Reduction in ro ce--T,aYofff: Menever there is a
}
i reduction in the wark force, the City shall secondly
layoff employees within a classification according
to continuous service seniority. employees with the
least continuous City service shall be laid off first.
(d) Notification: Whenever there is a reduction in the
f
work force requiring layoff the City shall send writ --
ten notice to the last kn.m address of each employee
affected by a layoff. '?he nonce shall include the
(1) reason for layoff, (2) classes to which the employee
nay demate within the City, if airy, (3) effective
-37-
-e of ggtionf (4) conditions gv,•.9ning retention
on and .reinstxteirent fxvn reemployment lists, and
(a) rules regarding waiver of reinstatement and
voluntary withdrawal from the reemployment list.
(e) D._terminincr Ien th of Seniority: In dctern W-9
continuous City service seniority, all uninterrupted
employmznt from the original date of mire, including
periods of authorized leaves of absence and includ-
ing all p',.riods of time service seniority, all
uninterrupted employment• from the original date of
hire, including periods of authorized leaves of
absence and including all periods of time sea.'ved as
a limited team or CEM employee, shall by counted as
continuous City service seniority.
(f) order of,Reduction in Force: in a reduction in
force th-. following order of layoffs ,shall be fol-
lowed: (1) p=t-tima, tei%mrary and provisional
Employees in the affected classification ser3.es; (2)
limited term employees in reverse order o' their
seniority in the affected class series; (3) City
probationary employees in reverse order of their
classification seniority in the affects class
series; (4:) should there he, need for further re-
duction, regular employees in the affected clas-
sification series shall b= given the opporWnity to
accept or refuse devotion as previously described in
Section B an reverse order of their classification
seniority; (5) should a reduction in force still be
neces9ary, regular amployces shall b4 laid off in
reverse order of their classisification seniority.
! -38-
(qZ nets; n_ Order of f f and -Aeration for
gnployees with Identical Seniority: Should tno
or rare employees have identical seniority, the order
of layoff and demtionidIl be determined by alpha-
batica7l order of the employees' surnar-ras.
(h) Transfer: All effort will be made by the City to
transfer any Employee who is to be affected by a
redact ion in force to anther vacant position for
-which such employee may qualify.
(i) order I of 't on pursuant to'a Red c-
'tion in Force --Awed: When regtral due to a
reduction in forcer Wployees shall be de:mted a..n
the foi o-Ang-►rmnner:
(1) Erployees who are denoted, wl-�o have held
perm anent status in a lOrjger classificatio l
shall have the rir'zt to b=9 am
loyees of
lessex seniority in that lar•.er classification.
(2) Bnployees �jj o have not actually held status
in a la4er classification shall be al].oged
to date to a vacant position or to a
position held by a City probationary employee
in such lower class, but may not bump regular
City amployces already in that la,,*cr clas-
sification.
' (;j) Re%nstate<-m2nt of %mployecs Ac-•m�i:ed as a Result of
a Rcauction in i%hrk Force: MDployee; jaho are damoted
as a result of a reduction in force shall have their
.39-
J
i
names placed on a reinstatemm- t last, ill the ox:der
of their seniority. Vacant positions in which an
employee has served with5n a classification series
shall first be offered to snployees on this list.
(k) 'Recm:>loytrf.,nt of Zjaloyees Laid off as *a'Result'of
a Reduction in rorce: Employees who are laid,off
and 1aho i1eld pernmanm ent city status at the tisfe of
layoff sha11 have their names placed on a re-
enployment list for classifications at the same or
lower salary range for which they qualify in the order;
of thei3. calssificwt on seniority. VaOmt- positions
in such classifications will be offered to eligibles
on the remployment list who qualify for such
vacancies prior to an open or prormtional recruiIarent.
(1) Duration of Reinstatei"ent am' Reert loyment Lists:
The eligibility of individuals on the reinstate -
me
;.t and reamloyment lists shall extend for a
pxicd of t %*o years from the date of devotion
or layoff. Eligibles not resprOing to vxitten
notification of an opening after ten W)rking days
shall have thaix ra*m..s resoved fran either the
m,empl oymeent or reinstate -tent list-
(m) Restoration of Benefit. L?�n R^anployr nt Tollata�
ing a Reduction .in Florce: Upon xeaTTAOyrrent fol-
lowing a reduction in force, an individual wi11
have the following benefits restored:
(1) Prior sick leave accruals.
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F
(2) Seniority at time OR layoff for purpcses
of detoxmining Mrit increases, vacation
accruals and future reduction in force.
(3) '.the salary paid to an employee who is re-
employed shall be equivalent to the salary
plan at the time of reemployment. If the
employee chooses to be reemployed in a clas-
sification which has a salary rangy lcfaer
than the classification from which re tvrds 'laid off r
then salary placement will be in the range
at the "T:" step as reflected in the current
effective salary plan at the time of xe- '
employment.
(n) Pdff of I IIn Layoff: Laid off employees -
are to be paid for all accrusd holiday, vacation,
� F
compensation time and overtime ..,ben separated as t
i
4
a result of a layoff. '.AC sick leave accruals of
Fsuch employee will remain on the bodes and .will be i
i
reinstated if tbe_y are reappointed.
(0) Retirment Contribution: The disposition of the
retirement contributions of a laid off employM {
,
sY..all ba governed by the provisions of the State
of California Public Mployees' Retirement Law as
containedd, in the Government Code.
Section 9. Resi2natiops: An employee wishing to leave the City's i
.service in goal standing shall file with the appointing
pa,qex a written resignation stating the effective date
and reasons ,for leaving at least tivo weeks before leaving
/ -41-
i
the s&.vice, unless such, time limit is waived by such
official, A,staterent as to the resigned employee's
service performance and other pertinent information
shall be fonlarded to the Parsonnel officer. failure
to give notice as required by this rule may be cause
for denying future employment by the City, '
r
RULE Xx1. GPTEVAhCE Pi20CIIDusty-,
Section I. Purpose: Ulle passes of the Grievance Procedure of
the City of Carlsbad are: tf
(a) To Promote imProved eTPloyPx-eVployee relations s'
s by establishing grievance Pro^..edures on matters ;
for which appeal or hearing is not provided by
other regulations.
± (b) TO assure fair and equitable treatment of all
employees and Prc;ot` harnbnious relatons among
OnPloyees, supervisors axi management. �
s
(c) To encourage the sett]are.)t of disagreements
r
informally at the employee -supervisor level and
Provide an orderlX Procedure to handle grievances
thrvughraut the several supervisory levels where
necessary,
(d) "b Provide that aPr,94ls shall be conducted as
informally aw possible.
(e) 2b resolve grievances as quickly as Possible and
correct, if possible, the cause of grievances,
thereby ,reducing the nuTrber of gri.e,,anc:es and
future simile: complaints,
(f) 7 is grievance procedure is applicable to classi-
fied employees in each department of the City of
Carlsbad.
-4 2-
i
Section 2.
Section 3.
Definitions: ror purposes of this grienvance procedure,
the following definitions shall apply:
(a) City Sam er: The City Manages' or his authorized
representative.
(b) 292arttnsnt: An office, department or institution
of the City.
(c) .Department Head or Head of a Department: The chief
executive officer of a department.
(d) Personnel Officer: The Personnel Officer or his
authorized representative.
(e) to e,-. or City 172ployee: Any officer or employee
of the City., except an elected official.
(f) Ehmloyee Representative- .An individual who appears
on behalf of the employee.
(g) Grievance: A complaint of an employee•or a group
of employees arising out of the application or
interpretation of existing nil -as, regulations,
or policies which come under the control of a
department head.
(h) L-mw-Jiate Su -visor: %he individual who assigns,
reviews, or directs the work of an arployea.
M Interested Party_: lug individual having p._rti-
nent and/or it iediate knowledge of the circum-
stance out of which the grievance arose.
(j) '222.xvisor: 7ne individual to whom an imTediate
supervisor: reports.
Reviaiable and nonrevicwable Grievances:
(a) 'tb be revierable under this procedure, a grie-
vance must:
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` (1) Concern matters or incidents that have
occurred.
(2) Result from an act or mission by manage-
ment regarding working conditions or other
aspects of enrployer-employee relations over
which the head of the department has control. !
(3) Arise out of a specific situation, act or
acts considered as being unfair which result
in ,inequity or damage to the w-PlOYse.
(4) Arise out of an interpretation and applica-
tion of Permnnel Syst:GA Rules and Regula-
tions. i
(b) A grievance is not revicmable under this pro-
cedure if it is a :natter which could require the k
modification of a policy established by the City
Council or by law, or is reviewable under some
other administrative procedure and/or rules of �
a
the city of Carlsbad, such as: j
(1) Applications for changes in title, job
classifications or salary.
(2) Appeals from fOM-1 . disciplinary prnc--eaing. j
(3) Appoals from cork 1;erformance evaluations.
i
Section 4. S.p cial Grievance Procedure Provisir?ns: The i:ollowing
special provisions apply to the grievance procedure.
3
(a) Procedure for Presentation: 7n presenting the 1
grievance the eiployee shall follow the sequence
aix3 the procedure outlined in Section V of this
procedure.
-4-11-
(b) Prompt Presentation: The employee shall discuss
the grievance with an amrediate sup-rrvisor prorapily
after the ac" or anission of managemcni: causing the
grievance.
(c) Prescribed Form: The written grievance shall be
submitted on a form prescribed by the Personnel
Officer for this purpose.
(d) Statemant of Grievance: The grievance sha7.]. con-
tain a statement of:
(1) The specific situation, act or acts con-
sidered to be unfair.
(2) The inequity or damage suffered by the
employee.
(3) The relief sought.
(e; i1n lac }presentative: Ube •a*loyee may choose
someone as a representative at any step in the
procedure. No parson hearing a grievance need
recognize :mre than one representative for any
one teas, unless he so desires.
(f:) Inte osted Parties: There shall be no limit -
placed upon the nmbex of interested karties which
may provide in£onration during the hearing of
a grievanc3 at any step of the grievance procedure.
(9) I1atK11cx1 poring GI�Y}:inq Tiours: F7henever possible,
grievances %Fill be haiAlo:] during the regularly
schedule uorking hours of the parties involved.
(h) Lctension of T.;ma: The time limits within Inch
'action must ba taken or a decision made as speci-
fied in this procedure may be extended by mutual
-45-
written consent of the parties involved. A state-
ment of the duration of such extension of time
mast be signed by both parties involved at the
step to be extended.
(i) Consolidation of Grievances: if the grievance
involves a group of employees or if a nurbax of
am, loyeas file separate grievances on the cams
matter, th-- grievances shall be handled as a
single grievance.
(j) Settlement: Any grievance shall br considered
settled at the co gletion of any step if all
parties are satisfied or it neither party pre-
sents the mattez to a lugher authority within
the prescribed tuns.
(k) re sisal: 'the grievance procedure is interdoe
to assure a grieving mploye4 the right to pre-
sent a grievance without fear of disciplinary ;
action or reprisal by the supervisor, superin-
tendent, or department head, provided the proNrl-
sions of the grievance procedure are observed.
Copies of grievance foams will not ba placed in
employee personnel records but will be maintained �
in separate files in the Personnel Depar-ft=it. ;
Section S. Grievance ProaW- ure Sinn: The following procedure
shall be followed by an c mployee submitting a grie-
vance for consideration and action.
(a) Dix -cession with Su
ervisor: The employee stall
discuss the grievance with an ia7mcrliat e super-
visor informally. R'ithin tZ%a (2) working clays,
--4 (�
t
(a ;corking day is .-onsidered to be the next con-
Se'cutive full day employee is reTuxed to br
present at the place of employment) the supx-
visor. shall give a decision "v the employee ver-
bally.
(b) S �1: if the employee and supervisor cannot
reach ar agreement as to a solution of the grie-
vance or the anployca has not received a deci-
sion within the•t.,x) working day limit, the Employee
may within ttv (2) working days present the grie-
vance in writing to the supervisor vto shall
endorse co ments therm and present it to a
superior within two (2) working days. The superior
shall hear the grievance and give a writter. deci-
sion to She ecaployce within five (5) working days
after receiving the grievance.
(c) If the employee and superior cannot
reach an agreement as to a solution of t:Le grie-
vance or the anployee has not received a written
decision within the five working d,-J limit, the
cmployce may within five (5) %orking days present
the grievance in writing to the deparb.,.ent head.
11he department head shall he-ar the grievance nand
give a written decision to the Employee within five
(5) ��,xsking days after: rec.\iving the grievance.
(d) Sten 3: If the employee and dcp.'u1itr; nt head
cannot reach an agr=r-.nt as to a solution of
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Section I.
I
the grievance or the employee has not received a
decision withi-i the five workimJ day limit, the
eMloyee may witlAn five (5) mrking days presont
the grievance in writing to the City Manager.
The City Manager shall within ten (10) working days
after receipt of the grimrame hear the grievance
and render a written decision.
(e) Step 9: If the enployea is not satisfied with
the decision or reco mendation of the City Mana-
ger, the aq)loyee may within ten (10) working days
appeal an writing to the Personnel Board of the
City of Carlsbad. Vie board shall. crithing 15
days after receipt of the appeal hear the appeal
and render an advisory opinion to the City Marsger.
The City Manager shall •vrithin ter. (10) tiorki.ng days
advise the employee of intentions for final. action.
RULD Y.III. T.RKTEN rG, EMCNIM i�1, iA== PAX
IREMt,`m
Trainin and Education:
(a) Responsibility for Training: The city encourages
graining programs for employees. Responsibility
foi: developing training programs for cmployewS
shall be asstmoed jointly by the Personnel O££icei
and departnert heads. Such training programs may
include lecture courses, demonstrations, assign-
ments of, reading matter, or such other devices as
may be available i'or the purpose of improving the
effectiveness and broadcring the knowledge of
municipal officers- and employees in tho perfor-
mance of their respective duties.
Rol
ram„ r-s
(b) L-redit for Training: Participation in and suc-
cessful ompletion of special training courses
may be considered in making advancaTents and pro-
motions. Evidence of such activity shall be filed'
by the employee with the Personnel Officer.
(c) Reimbtirsm—mit for credited Courses: Permanent
miscellaneous mployces of t,,%e city will j re-
funded the r.-Ost of transportation, tuition, and
book, to professional and technical courses taken
in accredited educational :institutions provided
y
�,y jat:
(l.) The , ub.1'ct matter of the course is related
directly to the enmloyee's field of uork
for the city.
(?) The anployee shall. furnish evidc^r.e that he
has cc�leted the course with a passing
grade.
(3) ut'extbooks be-^ome the property of the city.
Section 2. incentive Pay:
(a) IA2lgevity Ca r,nsatiori:
(1) Salary Stew Ll shall apply° to any range in
the Salary Plan to provide for a five pez--
cent M) increase of b.1se salary for mis-
cellaneous OV-10yees who, on or after. duly
1, 1976, have attained five (s) continmus
Years of service in the City of CarlsL-jd
at the "Ell Step of the same salary range in
Ube Salary Plan. llnployees who have accrucd
all or pars: of five (5) years of continuous
service at the "E" Step of the sane salary
range prior to July 1, 3.976, may credit this
service to card the service requirarnnt for
movwnant to Salary Step Ll. In any case
where an eVloyee is promoted and moves from
the employee's exxisting class to another class,
allocated to a higher range of compensation, e.e
employee shall be advanced to the laaest step
in such higher range which will provide a
five: percent (5%) salary increase.
(2) Salary Step L2 shall apply to any range in
the Salary Plan to provide for a two and one-
half pxcent (2-1-A) increase of basic salary for
those miscellaneous employees who, on or after
July 1, 1976, have attainzd ten (10) continuous
years of service in the City of Carlsbad at
the "E" Step of the same salary range in the
Salary Plan. Eligibility for Salary Step L2
is contingent upon the employee ling xexcm-
rwxded for such salary step by the employee's
department head and such recairmndation Liaing
approved by the City Manager.
(3) Failure of the department head to re=Tmej- l
and of the City tLnager to approve shall
not constitute grounds for submission of a
grievance or an appeal to the Personnel
SO-
Board. anployees who have accrued all ar
part of ten (10) years of: ct-mtinuous service
at the "E" Step o£ the s<me salary' range,
prior to July 1, 1976, my credit: this
service toward the service req=emzt for
m7vement to Sala,-, Step L2. In any case
3
where an employee is prorated and naves
from the employee's existing class to
another class allo..ated to a higher range
of compensation, the employee shall be
advanced to the lcn,ust step in such higher
range which will provide a five percent (5%}
salary increase.
RULE X1V . LIO UZ IDII'1'I7Lt, C(INTIZCSATION
Section 1. Fire ;
(a) The Fducational Incentive Program, established by
.i
the yemrandcm►of Understanding W3'nen the City
and Carlsbad Fire Fighters Association, Inc. on
June 2, 1972, shall be imdifiea effective July
1, 1979. Such mrodification tea? a continue the
present program only for personnel vho %.=e a*loyec?,
r
by the City as of Jurs 30, 1979. Ab provisions '
of the Wucational Incentive Program shall be appl -
cable to any person hired by the department after
July 1, 1979.
(b) Objective.
(1) `ro encourage full time career employees
to strive for, and maintain, a high level
of cducatiomil achieveMOnt.
• -51-
(2) lb acknowledge that; with a high level. of
education, the employee is more valuable to
the commni.ty, therefore, he should be oom-
pensated for this asset.
(3) To define education goals, and to aid
employees in attaining then-
(c) Qualifyinq Standards: I�:perience: At least two
(2) years continuing full tune employment "i.th the
City of Carlsbad. The employee will have maintained
a permanent classification for one (1) year and
p=fOnr,ed his duties in a satisfactory, or above,
3
inanner. Education: Tne following schedule establ- i
i
lishes classification emPloym✓nt standards according
to Personnel Ordinance I3o. 1120, and will designate
the base on ;which accumulated education units Will
i
s
establish eligibility.
(1) A Fire Chief will be required to have attained t
a Baccalaureate Degree or its equivalent.
(2) A Fire Battalion Chief will be required to have $
attained an Associate Degree or its equivalent.
(3) A Fire Captain All be requirred to Irve attained
45 college units or its equivalent. i
(4) A Fare Fogineer will have attained. 24 college
units or its equivalent.
(5) A Fire fighter will establish eligibility with
24 college units or its equivalent.
Service Units Percent
Years Credit:* p
2 24 2?I
3 40 5
4 44 73,-
5 90 10
*College Unit equals fifteen (15) hours.
Credit equals anuroximatcly iliaenty (20)
}xrars .
In accordance with the City of Carlsbad lhiployee
Education Pm3rarn and Council policy Statement
Nb. 3, tuition, regist-cation and text reimburse
Trent will continue to benefit Fire Departimnt
employees.
(9) CordS�tions: It will be recognized that an
accurarlation of nore than seven (7) units per
s2Wster would i.nterfem pith the efficiency and/or
health of a quaiifying•anployee.
Qualifying units or, credits are not accumulated
within regular scheduled working hours unless
justified by a department education cx.-rmittee for
the approval of the Personnel Director, represent-
ing the City D9anager.
A Fire Dapartment Education Co=, iittee as
specified in Section IV will Submit for the
approval of the Personnel Director, representing
the City Kim- ger, a set of standards pertaining
to fire safety scmdrars and a relative credit
Value as analyzed by the California Tire Chiefs'
Association:
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3
Section 2. Police
(a) Educational Incentive Ccmpansatidn =Police: As of
July 1, 1977, the blow described Educational Incen
tive Program shall be effective.
(1) Step 1: Applicable to all employees repre-
sented by the Carlsbad Police Officers`
Association.
(i) Requirements: Present proof to the Troia
ing Officer, Carlsbad Police Departm rit of
successful completion of the prescribed
course of study for and amwd of a Certi-
ficate of Competency in Police Science by
a State of 'California Community College
and completion of two consecutive years of
service as a memaer of the Police Depart
ment of the City of Carlsbad. The ta%�o
years of service must have been completed ,
izrmediately prior to the time the appli-
cation for Educational Incentive Compen-
sation is submitted. Represented
employees who have completed requirements
they believe to be equivdleat to thoss
required for the award of a Certificate of
competency in Police Science but who have
not bean awarded such certificate aaad uilYa
would otherwise bn eligible for step 1,
X-ducational Incentive Compensation, may
petition for remgnition of equivalency to
the Chief of Police. Upon receipt of such
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a request, the Chief of Police will request
the City Manager to convene a oomi.ttee
consisting of a representative of the
City Manager, CPOA and the Chief of Police
to review and evaluate the petition. If
approved, the applicant will be authorized
Step 1, Educational Incentive Compensation,
in the same manner as other eligible employees.
If petition is not approved the applicant
will be provided a written statement indicating
what additional requirements must be met
for eligibility for Step 1, Mucational
Incentive Compensation.
(ii) 2 pensation: Satisfactory fulfillment of the
above rvquixement shall be compensated at
the rate of twenty-five dollars ($25) paid
biwedkly for twenty-six bimeekly pay periods
per fiscal year.
(2) Step 2. Applimole to all Peace Officers represented.
(i) acquirements: Present evidence to the Train-
ing Officer, Carlsbad Police Department of the
award of an Intermediate Certificate issued
by the state -of California Camussion on
Peace Officers Standard and paining and
Eligibility for Step 1.
(A) Compensation: Satisfactory fulfillmant of
the above requirement shall be compensated
at ihe: rate of forty-five dollars ($45) paid
biweekly for twenty-six biw ddy pay periods
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yam- Such congensation to be
Per fiscal
in lieu of any previous Rciucational .incentive
which had been received.
mmpensation paYm=ta
(3) Step 2. Applicable only to non sworn p= sOnnel
' represented•
Rcauixements: idence to the 7xain-
Present ev
ing Officer, Carlsbad Police Depar,,,,ent, of
havin94 net the State of California Comri-ssion
a_Y:d Peace Officers Standards and Training
requirEsn°itts for an Tntei-mediate certificate
as detexmI ed ana agreed to by representatives
of the City Manager and the Carlsbad Police
Officers Association president- It is
understood no certificate can be awarded to
non -sworn personnel.
(ii) ComsjW : Saifactory fxxlfi7.]ment of
the above requirement shall be CDVImsated
at the rate of forty-five dollars ($45) :,Rid
biwee}:ly for twenty-six biweekly pay periods
per fiscal. Year • Such co', V e ,sati on to b-
in lieu of any previous rzucat-ional Incentive
compensation payments %oich had lx en xecei�ei.
(4) Step 3. Applicable to peace Officers repro
sented•
(i) Recrui_ r^nta present evidence to the Train-
ing Officer, Carlsbad police Department, of
the award of an Advanced Certificate issued
by the State at• California Cox:nission on Peace
off i.cers St,1ndarls and '�Y.aining an9 eligibility
for Steps 7. and 2:
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COrit}_,,_ n� on: Satisfactory fultillw-Dt• of
the above requirement shall be c m'Pensated
at the rate of sixty-five dollars ($65)
paid biweekly for tw,_..nty-six biweekly PaY
periods p^r fiscal year. Such compensation
to be in lieu of any previous Tducat:ional
Incentive compensation ixxyments which had
been received:
(5) Step 3. Applicable only to non-sctinrn personnel
represeyced.
ii) P , t : Present evidence to the Train-
ing officer, Carlsbad Police Departit�nt, of
h,Ving m:c the State of California Commission
and Peace Officers Standards 2n3 n:aining
requirenants for an Advanced Certificate as
determined and agreed to by representatives
of the City Manager ai-,I the Carlsbad Police
Officers (association President. It is
understrood no certificate can be awarded to
non -morn personnel.
(ii) Comp^_ _nspn� satisfactory fulfi.lbntent of the
above requixcment shall be caaiPensated at
the rate of sixty-five,dollars ($65) paid biweekly
for twanty-six biwceRly pay periods par fiscal
year. Such coanpajsation to be an lien of any
previous aucation.a Incentive Couponsation
parients which had boon rcc:ivcd.
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a
section 1.
Section 2.
(6) Program Rcvicen parties further agree to
rcco miend that the above progrimt be revim:ad
jointly by the City and Carlsbad Police Officers
Association semi-annually during January and July
of each succct^di.ng year to evaluate the effective-
ness and currency of the program.
(7) Procedtire: The Training Officer, Carlsbad Police
Departirrant, upon receipt of proof of eligibility
for Educitional Incentive Compensation, shall
certify eligibility to the Chief of Police.
The Chief of police upon approving such eligi-
bility, shall foniard his approval to the City
Manager for authority to coimmce tha appropriate
compensation. educational Incentive compensation
shall cormance at the begimbig of the next pay
period following receipt: of authorization by the
City Nkanagcr of the approval by the Chief of ralice.
RULE ?.'V. RUOVIS AND RL' I',DS
Rostra: Cards: The Peronnel Officer shall maintain a
service or roster card for each enployee in the service
of the City showing the name, title of position held,
the department to whicliassignod, salary, changes in
cnlployannt status, and such otter inforoati.on as may be
considered pertinent.
Change o£ tLtatus Report: Every appointment, transfer,
pr=tion, deration, change in status of ermploycc:s
shall be repartee to the Personnel Officer in such
manner as he vny prescribe.
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RULE YVI. RUtia Or APPML 'in PMU (IM, -1. BOARD
Section 1.
Ttight`o_1. Lq al. Any anp]oyca in the coy .,titive
service shawl, within seven dais, have the right to
appeal to the Personnel Board any disciplinary action,
interpretation or alleged violation of the personnel
Ordinance, except in insUances where the 'ght of
appeal is specifically prohibited by t1te P=- sonnel
ordinance or these rules.
Section 2.
My thod of Appeal_ Appeals shall be in writing,
subscribed by the appellant, and filed with the
personnel officer, who shall, within ten days after
receipt of the appeal, inforn each m iker of the
Personnel Board, explaining the matter appealed frcan and
setting forth therein a statemaat of the action desired
by the appellant, with his reasons therefor. 11be
formality of a legal pleading is not required.
Section 3.
Notice. Upon the filing of an appeal, the personnel
officer shall set a date for a hearing on the appeal
not less than ten days nor mare than thirty days from
the dale of filing. The Personnel officer shall notify
all ixtterested parties of the date, time and place of
the hearing at such places as the Personnel Board shall
presurilx .
Section 4.
Investigation. Upon the siring of an appeal., the
Personnel Board may mike such incicpenlent investigation
of the mattex it may dean necessary. 111c results
of ,uch investigation shall be rv-dc a prat of the :record
of; the proceedings aryl t ho appellant shall ha ie thn right
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to have a reasonable time within which to answer or to
present evidence in opposition to the findings of this
indeperdcnt investigation.
Section 5. Picard s. Ibo appellant shall appear personally unless
physically unable to do so, before the Personnel Board
at the time and place of the hearings. Iie may be
represented by any person or attorney as he may select
and may at hearing produce on his behalf relevant
oral or docum-entary evidence. Appellant shall state
his case first and, at Ure conclusion, opposition matter
may -then be presented. Rebouttal ratter not repetitive
Tray be allowed in the discretion of the Personnel Board.
Cross-p-xarnination of witnesses shall be per., Utted. The
conduct and decorum of the hearing shall be under the
control of the Personnel Board by its chairman, wi-fh
due regard to the rights and privp.eges of the parties
appearing before it. Bearings need not be conductecl
according to technical rules relating to evidence and
witnesses. 1earings shall be closed unless the appellant,
in writing, requests an open hearing.
Section 6. Fina ngs and R--omm< mlations. `xhee Personnel Board shall,
within ten days after the wn;lusion of the hearing,
certify its firilings anti decision in writing to the
City Council and to the appellant. The City Council
shall review the findings and recamt.ndations• of the
Personnel Board and may alien affirm, a -evoke or nr dify
the action taken as, in its judgement, se-ars warranted,
and the action taken shall be £final. Any mc- ber of the
-6o-
peXsol)ncl poard may sWnit a minority or supplemental
finding and recommendation. In case -of suspension,
discharge or demotion the appointing pvvicr shall reinstate
any employee to his forrier status if proof is made that
the action was for discriminatory reasons.