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HomeMy WebLinkAbout1981-03-03; City Council; Resolution 64232 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1’7 18 19 20 21 22 23 24 25 26 27 28 . # F 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 WHEREAS, 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 Attachnent 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 3rd day of March , 1981, by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None I. RONALD C. PACKARD, Mayor ATTEST : k (SEAL) e t r PERSONNEL RULES AND REGULATIONS F I. 11. 111. Iv. v. VI. A. B. 1. 2. 3. 4. 5. 1. 2. 3. 4. 1. 2. 3. 4. 5. 6. 7. 8. 9. 1. 2. 3. 1. 2. 3. 4. 5. 6. SUBJECT mJRpoSE DEFINITIa OF ’IERMS GENERAL PROVISIONS Fair I3nployinent Political Activity Meet and confer Violation of Rules Amendment and Revision of Rales CLASSIFICATION Preparation of Plan Xioption of Plan New Positions Reclassification ATTACHMENT A @ to Resolution No. 6423 .PaGE 1 1 - Preparation of Plan Moption of Plan Application of Rates Ads7ancanent at Tiate of Canpensation Within a Range Pramtion or Xivancanent in Rate of Cmnpensation Out of Class corrq?ensation Deferred compensation Group Health and Accident Insurance Plan Salary Payment Procedure APPLICATIONS AND APPLICXNT‘S ”Cement Application Forms Disqualification EXAMINATIONS General Nature and Types of Exaninations Pramotional Exminations Opn-Cmptitive Examinations C!onduct of Examination Scoring Examinations and Qualifying Scores Notification of Examination Results and Review of Papers 5 6 6 7 7 7 8 8 9 9 10 10 10 11 11 11 12 12 13 13 13 14 1. 2. .. 5. 4. VI11 . 1. 2. 3. 4. 5. 6. 7. Ix. 1. 2. 3. 4. X. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. XI. 1. 2. 3. 4. 5. 6. 7. 8. 9. SUBJECT mmw LISTS nnployment Lists Duration of (Ehy?zoyment) Lists Reemployment Lists Rmval of Names From (nnployment, Reemployment, or Pramtional) List Types of Appintment Notice to Personnel Officer Certification of Eligibles Order of Certification Appointment Provisional Appointments mergenq Appintment P~~TIoJWY PERIOD 14 14 15 15 16 16 16 16 17 17 18 Regular Appintmat Following Probationary Period 18 Objective of Probationary perid 19 in Rejection of Probationer Rejection Followillg Prmtion Annual Vacation Leave ~nnual Vacation Leave - Miscellaneom and Uniformed Police nnployees Annual Vacation Leave - Uniformed Fire Bnployees working Shifts Determination of Vacation Benefits Sick Leave Allowance for Occuptioml Sick Leave Sick Leave Conversion Military Leave Jury Duty Leave of Absence Hours of Wrk other nCrp1oymnt Attendance Holidays Overtime 17 19 CHANGE IN Em?" STAWS Transfer Prarnotion mtion Suspension Reinstatement Discharge Reduction in City Work Force Resignations Lay-Off 20 20 20 21 23 26 28 28 29 29 30 30 30 31 31 34 3a 35 35 35 36 36 36 $1 --SELECTION XI1 . 1. 2. 3. 4. 5 XI11 e XIV. xv. .L 2, 1. 2. 1. 2. XVI . 1. 2. 3. 4. 5. 6, SUBJECT Purpose Definitions Reviewable and Nomeviewable Grievance Special Grievance Procedure Provisions Grievance Procedure Steps TRAINING, EDUCATION, IIKEXI" PAY BENEFITS Training and Education Incentive Pay EDUCATION INCENT" PRG3" Fire Police REPORTS AND RECORDS Roster cards Change of Status Report IWLE OF APPEAL TO PERSONNEL BOAJ3D Right of Appeal Method of Appeal Notice Investigation Hearings Findings and .Re"=dations PAGE 42 43 43 44 46 48 49 51 54 58 58 59 59 59 59 60 60 RUIE I. PURPOSE: AND DEFINITIONS Rule I-A. Purpose: The objectives of these rules are to facilitate efficient and econanical services to the public and to provide for a fair and equitable merit system of persomelmgwent in the municipal government. These rules set forth in detail those procedures which insure similar treatment for those who -te for original qloyrnent and pmtion, and define the obligations, rights, privileges, benefits, and prohibitions which are placed upon all employees included in the merit system of the City. At the sam time, within limits of administrative feasibility, recognition shall be given to the fact that individuals differ, that no tm individuals react alike to reward and discipline, or to uniform mtivation 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 and discipline. mile I-B. Definition of Terms: The following terms whenever used in these rules, shall be construed as follows: Section 1. "Advancenent": A salary increase of one or mre steps within the limits of the pay range established for a class. Section 2. "Allocation": The assivt of a single position to its prop class in accordance with the duties per- formed, and the authorities and respnsiblities exercised. -1- + r I section 3. ' Section 4. Section 5. "Appointing Power" : The officers of the City have the authority to Me the appoinbnent to tion to be filled. who the psi- "Class" - : duties, authorities and responsibilities to permit grouping der a cc"n title and the application With equity of co"n standards of selection, transfer, promotion, and salary. "Damtion" : All positions sufficiently similar in The mvement of an employee from one Section 6. Section 7. Section 8. class to another class having a lower "n rate of pay, or a change in duties which are allocable to a class having a lower maxi" rate of pay; "Eligible": list. "Bnployrrrent List" : (a) open employment list: A list of names of A person whose name is on an employment persons who have taken an open-competitive exam- ination for a class and have qualified. (b) Promtional employnent list: A list of names of persons who have taken a promotional examination for a class and have qualified. IIwtion" : (a) Open-cconpetitive examination: An examination for a particular class which is open to all persons meet- ing the qualifications for the class. (b) Prmtional examination: An &tion for a particular class, admission to the eXamination being limited to pemaanent and probationary I c I employees in the city's service who meet the quali- fications for the class. i Section 9. "Merit Service": All positions of anploytent in the service of the City except those specifically excluded by ordinance. Section 10. "Permanent l3nployee'': .An mployee who has successfully mpleted his probationary period and has been retained as hereafter provided in these rules. Section 11. "Part-time J?mployee": An employee having a proba- tionary or regular appointment who works less than 1040 hours in any one fiscal year. Section 12. "Personnel Ordinance": Ordinance No. which creates a personnel merit system for the City. Section 13. "Probationaxy Period": A working test period during which an employee is required to denonstrate his fitness for the duties to which he is appointed by actual per- formance of the duties of the position. Section 14. "Pramtion": &e mvpnent of an mployee fram one class to another class having a higher maxi" rate of PY - Section 15. "Provisional Appointment": An appinbnent of a per- son who possesses the mini" qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles. Section 16. "Reductiont1: A salary decrease Witkin the limits of the pay range established for a class. Section 17. "Reinstatement" The reemployment without examina- tion of a former permanent or probationary employee. -3- Section 19. Section 20. Section 21. Section 1. Section 2. Section 3. "Rejection": service during his probationary period. "Suspension": of an ~mrployee witbut pay, for disciplinary purpses. The separation of an mployee fran the The taprary separation fm the service "Temprary Position": of limited duration. "Transfer": A change of an mployee from one position to amther position in the same class or amther class having essentially the same maxi" salary limits, involving the performance of similar duties and requiring substantially the same basic qualifications. RW 11. PROVISIONS Fair Ehrployment: cation form, or in any other personnel proceedings, or of any appointing authority, shall be so frd as to attmpt to elicit information concerning political or religious opinions or affiliations of an applicant, eligible, or mployee. shall be affected or influenced in any manner by any political or religious opinion or affiliation. Political Activity: employees shall confom to pertinent provisions of State law. Meet ard confer: matters which are subject to the "met and confer" process as specified under Section 3505 of the Government Code of the State of California. A full-time or part-time position No question in any test, in any appli- No appinbnat to or ramval fran a position The political activities of City The City Manager shall nqotiate those -4- t * , Sectioh 4. Violation of Rules: Violation of the pr-cwisions of these L rules shall be grounds for dismissal, rejection, dation, or suspension. Section 5. Amendment and Revision of Rules: Fe”endati0ns for a“ents and revisions of these rules may be made by the Personnel Officer. Prior tx) consideration, any amendment or revision shall be publicly psted at such places as the City Council shall prescribe for at least ten consecutive days together with notice of the time, place, and date of hearings by the City Council. At the time of consideration, any interested person may appear and be heard. became effective upn adoption by the City Council following amendments and revisions shall such hearing. RuI;F: 111. CI;ASSIFIWTION Preparation of Plan: son or agency mployed for that mse, shall ascertain and record the duties and responsibilities of all psi- Section 1. The Personnel Officer, or a per- tions in the merit system and, after consultation with appointing authorities and heads of depar-ts affected, shall recamend a classification plan for such posi- tions. of positions defined by class specifications, including title, a description of typical duties and respnsi- The classification plan shall consist of classes 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 -5- t * I e that all positions substantially similar with respect to duties, responsibilities, autbrities, and character of work are included within the same class, and that the same schedules of campensation may be made to apply with equity to all positions in the same class. In the preparation of the classification plan, the Personnel Officer shall allocate every position included in the merit system to the classes established by the plan. Classification and jobaudit per individual review will be an ongoing duty of administration and the Personnel Director. Section 2. adoption of Plan: Before the classification plan or any part theraf shall become effective, it shall first be approved in whole or in part by the City Council which shall arrange for the holding of one or mre public hear- ings thereon. in the mer prescribed by the City Council, and the Coun- cilmay upon the conclusion of said hearing make such changes or mxlifications of the plan as it shall dean warranted. the provisions of the classification plan shall be observed in the handling of all personnel actions and activities. Notices of such hearings shall be posted Upon adoption by the Council, by resolution, me classification plan shall be amen3ed or revised as occasion requires in the same manner as originally established. New Positions: When a new position is created, before the same may be filled, the appointing authority shall notify the Personnel Officer and, except as otherwise Section 3. -6- I 1 ' provided by ordinance or these rules, IM person shall 9 be appointed or employed to fill any such position until the classification plan shall have been mended to provide 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 mre appropriate class, whether new or already created, in the same manner as originally classified and allocated. Reclassification shall not be used for the purpose of avoiding restrictions surrounding damtiom and prmtions. RW Iv. Preparation of Plan: son or agency qloyed for that prpse shall prepre a pay plan covering all classes of positions in the merit COMPENSATION AM, RELATED BENEFITS Section 1. The Personnel Officer or the per- system, showing the mini" and maxi" rates of pay. In arriving at such salary ranges, consideration shall be given to prevailing rates of pay for canparable wrk in other public agencies and in private employment and to the existhg differences in duties and responsibilities as set forth in the classification plan. The Personnel Officer or the person or agency amployed for that purpose shall thereafter me such further studies of the compn- sation plan as my be requested by the City Council. Section 2. Adoption of Plan: The Personnel Officer shall subnit the proposed pay plan to the City Ca"i1. shall adopt or amend and adopt the propsed plan. The council -7 - I I Thereafter, no position shall be assigned a salary higher than the maxi" or lower than the mini" salary provided for that class of position unless the salary schedule for the class is amended in the same mer as herein provided for its adoption. Section 3. Application of Rates: Employees occupying a position in the merit system shall be paid a salary within the range established for that position's class in the pay plan. The mini" rate for the class generally shall apply to employees upon original appointment but the City Manager may approve a higher rate of ccarrpensation at any step within the range if he shall find that the person appointed is reasonably entitled because of his experience or ability to a rate in any one of the steps above the mini" or that it is not possible to obtain qualified appointees at the established mini" rate. employees re-employed after layoff shall receive a rate within the range established for the class and as agreed upon by the appointing per and the qloyee concerned, subject to approval of the City Manager. Transfer shall not affect an employee's salary rate. Advancement of Rate of Compensation Within a Range: Bnployees shall be considered for compensation adjustments Officers and Section 4. within their respective compensation ranges in accordance with the following schedule: Step B - at the satisfactory completion of their proba- tionary period in Step A. Step C - at the carpletion of one year of satisfactory service in Step B. -8- t r Step D - at the compleeon of one year of satLs2actoq7 c servlce in Step C, Step E - at the completion of one year of satisfactnry service Step D. AclvancEfnents to Step B through E shall be approved by the City Manager following approval by the Personnel Officer and written recatmendation by the department head under whom the mployee serves. Any nonprobationary miscellanaus ~srp?loyee my be advanced to the next higher salary step in range regardless of time served at a pre- sent step. Such advancement to be the result of a recamendation originated by the supervisor responsible for completion arrd sukmission of the employee's per- formance evaluation. Reconanendations shall be approved by the employee's department head and the City "ger. Pmtion or Advancanat in Rate of Campensation: when an employee is pmted from the Esnployment in one Section 5. class to mployment in a class allocated to a higher range, he shall be advanced to the lowest step in such higher range which will provide not less than one step increase in campensation unless the 5th step in such range provides less than one step increase. Section 6. Out of Classification Compensation: Fire safety employees are authorized out of classification campensation of a mini" of five percent (5%) above a "ber's existing salary for each occas3on the member is employed out of classification; such ocarcpensation to camence following the first four hours of anploymentout of classification. %sigrrmentof Employees to out of classification service will be at the sole discretion of the Fire Chief. -9- Section 7. ~ Deferred Compen sation: The city shall provide for a i Deferred Compensation Plan which may be utilized by any qloyee on an optional basis. The city reserves the right to accept or reject any particular plan and to impose specific conditions upn the use of any plan. Such plan shall be wimut cost to the city. Section 8. Group Health/Accident and Iong Term Disability Plans: All full-time City employees are eligilbe for the Group Health/Accident/Dental/Eye Care Insurance Plan, With dement coverage provisions the costs of which will be borne by the City and employee in shares as determined by employer-mployee agreements approved by the City Council. All full-time City employees are eligible for the Wng Term Disability Insurance Plan, the cost to be borne by the City. The terms, awards, conditions, and premims of the Group Health/Accident/Dental Eye Care Insurance Plan and the Wng Term Disability Insurance Plan shall be as specified by the city's agreement with the insuring agencies. Section 9. Salary Payment Procedure: All department heads shall subnit to the Personnel Officer a time sheet listing the total rnrmber of "a1 and approved overtime hours worked by each employee to the end of each pay period. The time sheet shall indicate any absences and type or designation of absence. Absences, suspensions, etc., for which no payment has been authorized shall be deducted -10- I , from the normal biweekly salary on the basis of 26 pay periods per year. of less than normal, as in the case of new employees, terminated employees, leaves of absence without pay, etc. , shall be computed on the basis of the biweekly or hourly rate less the nurmber of working days of absence. F3JI.E V. APPLI~TIONS AND AT?PLIm Similarly, salary for working periods Section 1. I"cmt: All examinations for classes included in the merit system shall be publicized by posting amounce- ments in the City Hall, on official bulletin boards, and by such other methods as the Personnel Officer deems advisable. pay of the class for which the examination is announced; the nature of the mrk to be perfomd; preparation desir- able for the performance of the mrk of the class; the manner of making applications; and other pertinent information. The announcmts shall specify the title and Section 2. Application Forms: Applications shall be made on forms pro- vided by the Personnel Officer. formation covering training, experience, and other perti- nent information, and must be signed by the person applying. Such forms shall require in- Section 3. Disqual ification: me Personnel Officer shall reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position or is not a citizen of the United States, except when citizenship is not required by state law. Wli- cations also shall be rejected if the applicant is known to be physically unfit for the perfonnance of duties of the position to which he seeks appoinment, is addicted to the -11- ' habitual excessive use of drugs or intoxicating liquor; has been convicted of a crime involving mral turpitude; has made any false statement of any material fact, or practiced, or attempted to practice, any deception or fraud in his application. "ever an application is rejected, notice of such rejection with statement of rea- son shall be mailed b the applicant by Personnel Officer. Defective applications my be returned to the applicant with notice tn amend the same, providing the time limit for receiving applications has not expired. mVI. E2"ATIoNs Section 1. General Nature and ws of E&" ' tions: The selection techniques used in the examination process shall be impartial, of a practical nature, and shall relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities of the persons examined to execute the duties and responsibili- ties of the class to which they seek to be appointed. Examinations shall consist of such recognized personnel selection techniques as achievments tests, aptitude tests, psychological tests, emlustions of personality and background through personal interviews, prefomce tests, evaluations of work perfonnance, wrk samples, or physical agility tests, or any canbination of thm. Section 2. prormtional Examinations: Promotional examinations my be conducted whenever, in the opinion of the Personnel Officer, the needs of the service require. examinations may include any of the selection techniques Prcmtional -12- l mtioned in Section 1 of this Rule, or any cambination of them. met the requirements set forth in the promtional examination an.muncements my compete in prmtional examinations. only permanent or probationary Epnployees who Section 3. Open-competitive Examma * tions: maminations 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 mes shall be placed on an anployment list, in order of final scores, far a period of not mre than one year. Section 4. Conduct of E3"tion: The Personnel Officer shall deter- mine the manner and metbods and by whnn examinations shall be prepared and administered. any carptent agency or individual for the performance He may arrange with by such agency or individual of the responsibility for preparinq and administering examinations or shall per- sonally perform such duties. arrange for the use of public buildings and qipent The Personnel Officer shall for the conduct of examinations and shall render such assistance as shall be required with respect thereto. Section 5. scoring Barninations and Qualifying Scores: In all examinations the mini" score or standinq for which eligibility may be earned shall be based on all factors in the examination, including educational requirements, experience, and other qualifying elements as shown in the application of the candidate or other verified in- formation, -13- Section 6. Notification of Examinaeon Results and Review of Papers: Each applicant taking an exambation shall be given written notice of his final earned score and, if success- ful, of his rank on the employment list. shall have the right to inspect his own paper within five working days after the notices of examination results were mailed. my error in computation, if called \ Any applicant to the attention of the Personnel Officer within this period, shall be corrected. however, invalidae appointments previously made. RULEVII ~~YMENTLISTS Bnploymnt Lists: pletion of an examination, the Personnel Officer shall prepare and keep available an mployment list oonsisting of the names of applicants who qualified in the em"- tion, arranged in order of final scores, from the highest to the lowest cpalifying score, The final score shall be determined by the total of the scores received by each applicant for each part of the test, based upn the re- lative value assigned to each part of the examination before the exmination is given. ratings are received, names shall be arranged in order of Such corrections shall mt, Section 1. As soon as possible after the corn- Whenever identical the application date. Section 2. Duration of Lists: Promtional employment lists shall rain in effect for one year, unless sooner exhausted, and my be extended, prior to their expiration dates, by action of the Personnel Officer for additional periods, but in no event shall such a list remain in effect for -14- 5 I mre than tsm years. the result of examinations shall ramin in effect for not Open-employment lists created as mre than one year after the last administration of the examination, unless sooner exhausted. Names placed on such lists shall be merged with any others already on the list in order of final scores and shall rennin on the- list for not mre than one year. Section 3. Reemploymexlt Lists: The names of probationary and per- mat employees dm have been laid off shall be placed on appropriate reanploymnt lists in the order of their seniority. Such names shall remain thereon for a period of one year unless such persons are sooner remployed. When a remployment list is to be used to fill vacancies, the Personnel Officer shall certify from the top of such list tlae nmkr of names equal to the numker of vacancies to be filled, and the appointing power shall appoint such persons to fill the vacancies. Remval of Names From List: ing on an mployment, reemployment, or pmtional list shall be remved by the Personnel Officer if the eligible requests in writing that his name be raved, if he fails to respond to a notice of certification miled to his last known address, or for any of the reasons specified in Rule V, Section 3, of these rules. affected shall be notified of the renova1 of his name by a notice mailed to his last knm address. Tke names of persons on pmtional employment lists wh resign from the service shall autmatically be drop@ fmm Section 4. The name of any person appear- The person such lists. -15- Fall3 T7111. ~ypes of appoiniment: All vacancies in the -it system METHOD OF FIIGI” VACplNCm Section 1. shall be filled by remploymnt, transfer, demotion, or fram eligibles certified by the Personnel Officer fram an appropriate employment or pmmtional list. absence of persons eligible for appointment in these In the ways, provisional appointments my be pemitted in accord- ance with the Personnel Ordinance and these rules. Notice to Personnel Officer: Whenever a vacancy in the rnerit system is to be filled, the appointing power shall notify the Personnel Officer. shall advise the appointing per as to the avail- Section 2. fie Personnel Officer ability of employees for reemployment, requested trans- fers, or damtion, and of eligibles on employment or promotional lists for the class. Section 3. Certification of Eligibles: The appointing power shall indicate whether it is desired to fill the vacancy by reenrploymnt, transfer, or damtion, or whether certi- fication from a promotional or employmnt list is pre- ferred. mentor promotional list, the names of all persons will- If appobbnent is to be made fram an employ- ing to accept appointment shall be certified in the order in which they appear on the list. Section 4. Order of Certification: Whenever certification is to be mde, the employment lists, if each exists, shall be used in the following order: reemployment list, pro- mtional list, open-acknpetitive list. Whenever there are fewer than three names on a pramotional list or an opa-cmpetitive list the appointing authority my make -16- b an appointment from mny such eligibles or my request the Personnel Officer to hold a new enation and estab- lish a new mployment list. Section 5. Appointment: After interview and investigation, the appointing power shall make appoinments from mng those certified and shall hediately notify the Personnel Officer of the person or persons appointed. nel Officer shall thereupon mtify the person appointed and if the applicant accepts the appointment and pre- sents himself for duty within such period of time as the appointing authority shall prescribe,‘ he shall be The Person- de& to be appointed; otherwise, he shall be deemed to have declined the appohtment. Section 6. Provisional Appohtments: In the absence of appro- priate employment lists, a provisional appointmnt may be made by the appointing authority of a person meeting the “m training and experience qualifi- cations for the position. be esbablished within six mnths for any permanent position filled by provisional appointment. Manager my extend the period for any provisional appointment for not mre than thirty days by any one action. No credit shall be allowed in meeting any qualifica- tion or in the giving of any test or the establishment of any employment or pmtional lists, for service rendered under a provisional appointment. An enployment list shall The City -17- 'sectiqn 7. m=qency Appo intments; %b meet the irrsnediate gapire?- mts of an Emergency condition, such as extraordinary fire, flood, or earthquake, wkich threatens public life or property, any legally amptent officer or mployee may Egnploy such persons as nay be needed for the duration of the mergenq without regard to the Personnel Ordinance or rules affecting appointments. As soon as pssible, such appointments shall be reported to the Personnel Officer. Section 1. Regular Appointment followbg Probationary: N.1 ori- ginal appointments shall be tentative arad 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 months actual' sewice, excepting police and fire safety mployees. Prmtional probation for police and fire safety mployees shall be one year. The Person- nel Officer shall notify the apinting authority and the probationer mncernced two weeks prior to the terrmna ' tion of any probationaxy period. The probationary periods shall cOrOmence on the first day of the first full caleridar mnth after anployment or promtion to a higher classi- fication. period shall lengthen the period by the nunber of calendar days of the leave of absence. bationary Esrrployee has ken satisfactory to the appro- priate supervising authority, then the supenrising authority shall file with the Personnel Officer a state- A leave of absence during the probationary If the service of the pro- -1%- , merit in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the enrrployee will be deemed to be unsatisfactory and his mployment twin- ated at the expiration of the probationary period. Section 2. Objective of Probationary 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 mst effective adjust- ment of a new Esnployee to his psition, and for reject- inq any probationary enrrployee whose performance does not meet the required standards of work. Section 3. Rejection of Probationer: During the probationary period. an4mployee my be rejected at any time by the appinting mwer 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. Section 4. Rejection Following Pronrotion: Any enployee rejected during the probationary -period. following a promOtional appointment, or at the conclusion of the probationary period by reason of failure of the appointing power to file a statanent that his services have been satis- factDry, shall be reinstated to the psition from which he was pronroted unless charges are filed and he is dis- charged in the manne-r provided in the Personnel Ordi- nance and these rules for positions in the merit system. The appointing pwex shall notify the probationer in wj33ny as to whether his services are satisfactory or unsatisfactory. -19- t RUIE X, A'ITEIWm W LEBW?: The Vse of annual vacation leave is to enable each eligible employee annually to return to his workmentally refreshed. ZUl full-time City employees shall be entitled to annual vacation leave with py except the following: (a) mployees who have served less than six mnths in the service of the City; howeva, vacation credits for the time shall be granted to each such enployee who later receives a permanent appointment. (b) Ebployees wl?o work on a provisional basis, and all employees who work less than one thousand forty (1,040) burs a year. Section 2. Annual Vacation Leave - Miscellaneous and Uniformed Police n-nployees: All eligible miscdlaneous and uniformed @ice employees shall be entitled to a vacation according to the number of continuous full calendar years of employment based on the following scale : 1 through 5 full cale years of continuous service - 10 working days. 6 through 15 full calendar years of continuous service - 15 working days. 16 and over full calendar years of continuous service - 20 working days. Section 3. Annual Vacation Leave - Uniformed Fire Employees Wrk- ing shifts: working shifts shall be entitled to vacation according to the nunher of continuous full calendar years of employcent based on the following scale: All eligible uniformed fire employees -20- ' 6 shifts: ous service. 1 through 5 full calendar years of continu- 9 shifts: ous service. 6 through 15 full calendar years of continu- 12 shifts: ous service. 16 and over full calendar years of continu- Vacation for shift employees shall cmence irmediately following their last work shift. Vacations for uni- fod fire employees who are not regularly assigned to shift hours shall be determined on the same basis as for miscellaneous employees. Section 4, Determination of Vacation Benefits: Einployees who work less than full time, butmre than one thousand forty (1,040) burs a year, shall be credited vaca- tion on a prorated basis. For the purposes of computing vacation grants, employ- ment shall be considered to have cortnnenced on the first full calendar mnth of mployrrent. For the purposes of mputing annual vacation leave, a wrking day shall be considered as one-fifth (1/5) of the number of working or duty hours in the estab- lished wrk week. The times during a calendar year at which an enrployee may take his annual vacation leave shall be determined by the department head with due regard for the wished of the employee and paticular regard for the needs of the service, mh5ma.n application being four hours leave. No employee my accurrrulate mre than twenty-nine days of annual vacation leave from one calendar leave year -21- R to another. leave, Saturdays, Sundays, and official holidays shall not be counted as work days. Permanent employees who terminate employment shall be !?or the purposes of ctranputing vacation paid the salary equivalent to all accrued vacation leave, earned prior to the effective date of termina tion not to exceed 29 days. be made for vacation accmtulated contrary to the pro- visions of these rules. Any probationary or permanent miscellaneous City employee in the classified service may request can- pensating time off for overtime worked at a rate of one and one half the overtime hours wrked. or disapproval of the request rests with the City. If the accrual of compensation time off is approved, such accrued ocarrpensating tilne off shall be taken not later than the end of the third ann- - No such payment shall The approval plete pay period following such accrual. shall an employee accrue more than fifty (50) -tal burs of "pensating time off, nor shall the use of such cartlpensating time off be extended beyond the end of the third carrq?lete pay period following the accrual. after one full consecutive year of service and upon recamendation of a department head and approval of the City Manager, a fire safety employee who has worked overthe my be granted. ccanpensating time off in lieu of pay, providing the corpnsating time off does not exceed ten working days per year. In no case Police safety Wloyees -22- may elect cmpensabry time off in lieu of salary cam- pensation for holidays or overthe worked. tion to be limited lm the accrual of notmre than Such elec- eighty (80) burs of -satory time off at any one time. The use of any dination of compensatovy the off and annual vacation shall not exceed one hund- red sixty (160) hours at any one the during any fiscal year. day work or overtime work as well as final approval of requests for ccarq?ensation time off shall be the sole responsibility of the Police Chief. mployment temuna ' tes continuity of service for vacation benefits. Sick Leave: all probationary and permanent employees within the merit system at the rate of one work day for each calendar mnth of service except those who work less than 1040 hours a year. In all cases the assignment of employees 50 holi- Termbation of Section 5. Sick leave with pay shall be granted to Any such leave accrued but unused in any year shall be cunniLative for succeeding years. leave shall not be considered as a privilege which an ~fcrployee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or dis- ability. Any abuse of sick leave is cause for disci- plinary action or di&ssal by the appointing power. Employees eligible for sick leave shall be granted such leave when they are incapacitated for performance of their duties by sickness, injury, or for medical, dental, or optical exmination or treatment, or when a m&r of the hnediate family of the anployee is afflicted with an Sick -23- I I illness and requires the care and attendance of the employee, or when, through exposure to contagious disease, the presence of the anployee at his post of duty would jeopardize the health of others. The term "contagious disease" mans disease or illness subject to guarantine or reqyiring isolation or restric- tion of mvment of the patient for a particular period in accordance with regulations prescribed by the local health authorities having jurisdiction. If no definite time period is specified by the regulations, the period shall be determined by the attending physician. sick leave is granted under these circumstances, an When explanatory medical certificate from the physician is required. An employee who is absent on account of sickness must notify his supervisor as early as practicable on the first day of such absence, or as soon thereafter as possible. Requests for sick leave for medical, dental, or optical exanhations must be approved in advance by the supervisor. Any grant of sick leave in excess of three consecutive work days must be supprted by a medical certificate furnished by the Personnel Office to be filled out by a physician or practitioner. is for three consecutive work days or less, the Personnel Office my accept the employee's certification as to the reason for absence. Written applications for sick leave must be filed with the supervisor within the pay period in which the employee returns to duty. When the period of absence -24- 4 Part-time e;rrq?loyees, with regularly scheduled tours of duty fixed in advance, who work mre than 1040 hours a year shall earn sick leave on a prorated basis. Part-time employees for wham no regularly scheduled tour of duty has been prescribed and who work less than 1040 hours per year do not earn sick leave. employee who is absent fm work by reason of attend- Any eligible ance upn "hers of the imneaiate family whose illness requires the care of such employee, or death in the inarredi- ate family of the employee, may be allowed. fdly shall include the father, mther, brother, sister, spouse, mother-in-law, father-in-law, or dependent of any eligible employee of the City. An mployee who is required to take a physical examination in connection with induction or enlistment in the Armed Forces is not charged leave for the time necessary to complete the examination. who are recalled to active duty are placed on pay status with the branch of the Zmnd Forces for the time required to take the physical examination and, therefore, must be charged leave or leave without pay for that purpose. Employees making a donation of blood without charge will be given reasonable time off for that purpose. 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 may be authorized at the discretion of the department head. Miate Members of the military reserve No charge For the purposes of -25- ? computing sick leave, employment shall be ansidered to have rommenced on the first day of the first full calendar month of employment. Holidays occurring during sick leave shall not be counted as a sick leave. not be taken as vacation time, nor campensated for in cash at any time. Notwithstanding anything in this section to the contrary, local safety employees are not entitled to sick leave for any job related illness, injury or other occurrence which entitles the employee to benefits under s4850 of the Labor Code (hereinafter '4850 benefits'). Manager may authorize use of sick leave after 4850 bene- fits ). after 4850 benefits are exhausted for job related ill- ness or injury if he/she determines that: (a) (b) Sick leave shall S The City The City Manager may authorize use of sick leave The injury is not permanent and stationary. The use of sick leave will rot extend the effective date of the employee's retiraent. The employee is physically unable to wrk and there is a reasonable probability he/she may return to work. (c) If the City determines that a local safetymh should be retired for disability, such retiranentmay beccnne effective, notwithstanding the fact that his/her sick leave has not expired. Section 6. Lgllowance for Occupation Sick Leave: Leave with pay for injuries sustained in the line of duty shall be granted as follows: -26- < 7 (a) Afiscellaneous employee absent because of injury received in line of duty is dharged either sick or annual leave if the period of incapacitation exceeds ninety (90) calendar days and receives m credit for either annual or sick leave for the period of inCapacitaticm that exceeds ninety (90) calendar days. the allowance granted by the insurance and the munt the employee muld ordinarily receive for the period of incapacitation not to exceed ninety (90) calendar days. to apply pro-rated accrued sick or annual leave to such absence, and to receive canpensation there- fore in the ammt equal to the difference between the mrpmation W which he is entitled under the Workmen’s Campensation Act and his regular pay, not to exceed the amount of his earned sick or annual leave. In figuring the benefits paid by hsurance, wage benefits alone shall be considered and medical and hospital benefits shall be excluded. A local safety employee absent because of injury received in 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 leave in lieu of nor in addition to the leave of absence with pay authorized by Section 4850 of the California Zabor code. mal safety employees are mt atitled to sick leave for any job related The City will supply the differace between Thereafter during such absence he my elect (b) -22- v injury or other occurrence which entitles the anployee to 4850 benefits. The City will supply the difference between the allowance granted by the insurance and the amount the Employee would ordinarily receive for the period of incapacitation rot to exceed one full calerdar year. Section 7. Sick Wve Conversion: My permanent miscellaneous Employee who has accrued and mahtains a mini" of one hundred (100) hours of sick leave shall be permitted to convert up to twelve (12) days of acdated unm- pensated sick leave to vacation at a ratio of three (3) sick leave days per one (1) day of vacation. opportunity to elect the conversion of sick leave to vaca- tion shall be offered to employees during the first ten calendar days of August, 1979. leave conversion option will be provided during the first week of each fiscal year. Any permanent miscellaneous qloyee applying for retire- ment with the Public mloyees' Retirment Systemmy convert accrued and unused sick leave time to extend ser- vice time in the system at the ratio of 25 days of accrued sick leave to one mnth of extended service. 1u1 employees entitled to military leave shall give the appointing power an opprtunity within the limits of The initial Thereafter, the sick Section 8. military regulations to determine when such leave shall be taken. Military leave with pay must mt exceed fif- teen (15) days in any one calendar year for any full- time pement employee who has been in the service of the City for one year or mre. -28- A request for military leave which does not fall in the above categ-ory sbuld be referred to the City Manager, The City Manager may grant military leave of absence or military furlough upon receipt of the eprrployee's appli- cation supported by an Armed Forces order. Jury Duty: Dnployees wha are called for jury duty shall be granted leaves of absence during periods of jury ser- vice, regular rates of pay during such leaves. Leave of Absence: employee leave of absence without pay. shall be granted except upon written request of the qloyee. Appraval shall be in writing and a copy filed With the Personnel Officer. Failure on the part of the employee on leave to reprt prmptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Section 9. The City will continue lm pay qloyees their Section 10. The City Manager my grant a permanent No such leave Maternity leave of absence without pay shall be authorized wanen employees making application as pre- scribed abve. A pregnant employee my continue to mrk until such time as the employee's physician declares that continued work would adanger the health or safety of the employee. A pregnant employee my use all and any accrued sick leave and vacation for purposes related to the termination of pregnancey. An employee who has termlna ' ted a pregraancy my return to work at any time after the tentuna ' tion of -29- Section 11. Section 12. Section 13. the preqnancy that the employee's physician declares the return to wrk will not endanger the health and/or safety of the wloyee. Hours of mrk: All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays, and holidays oontinuously from 8:OO a.m. until 5:OO p.m. Rnployees for who necessity requires a different sche- dule than that generally applied, shallmrk according to regulations prepared by the respective department head and approved by the City Manager. Other Bnployment: No City employee shall be permitted to have outside emplo~twhich is hconsistat or incclmpatible with his City enzploymmt. desires to have outside anploymat shall first obtain written approval from his departmnt head and the City An employee who Manager. Attendance: work in accordance with the rules regarding burs of work, Einployees shall be in attendance in their holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported to the Personnel Officer in the form and on the dates he shall specify. absent without leave, to return to duty within twenty- four (24) hours after notice to return shall be cause $or inanediate discharge, and such employee automatically waives all rights under the Personnel Ordinance and rules. Failure on the part of an employee, -30- * Section 14. Holidays: Municipal offices shall be closed on days designated as holidays by City Council resolution. Einployees shall receive laolidays or overtime pay in accordance with City Council resolution effecting employee benefits. When a City Council authorized holiday falls on Sunday, the following Monday will be observed. When a City Council authorized holiday falls on Saturday the previous Friday will be observed. Section 15. overtime: (a) Application: Any errployee 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 "pensation 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 made during the pay period wherein the overtime was earned. 40 hours. Time in lieu of pay at no the shall exceed (b) Holiday Time: (1) In those instances where an qloyee 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 Califomia State Code Section 5201, the employee shall be granted compensation for such overtime at one and one-half times his regular hourly rate. (2) to work shifts of a normal 40-hour work week, Sunday Members of the police department who are required -31- ff through Saturday, shall be paid at the rate of one and one-half times the employee's regular hourly rate of pay in lieu of eleven holidays. during the pay period wherein the overtime is worked. Members of the police department who are required to work a normal eight hour day (8:OO am. to 5:OO pa., mnday through Friday) shall receive holiday overtime at the rate of one and one-half times the employee's regular hourly rate of pay for each of the eleven scheduled holidays worked in a forty hour work week, and having worked a minimum of six of the eleven scheduled holidays in any calendar year shall receive holiday over- tine pay for eleven holidays. during the pay period wherein the overthe is worked and during the final mnth of the fiscal year because of fulfillment of the "miniram of six" requirement. (3) to work 24-hour shifts to a 63 hour work week, Sunday through Saturday, shall receive holiday overtb at the rate of one and one-half times the enployee's regular shift rate of pay for five and one-half (5-1/2) shifts per year, or a prorata share using the ratio 1/12 for each Payrent shall be made Payment shall be made Makers of the fire department who are required mnth, or part thereof, worked for less than the full tine year. Payment for holiday overtire shall be made one time per year during the final mnth of the fiscal year or the final mnth of qloymmt, whichever is first. (c) Administration of Overtime and Holiday Time: The -32- < srrallest unit of time credited as overtime shall be one-half (1/2) hour for any pay period. Overtime worked that 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 department head shall report all overtime for pay or \ tine in lieu on finance department tinme and pay records. The departmentheadshall report all time away from work in the matter of allowing the use of acmlated compensation time. (d) Definition of Overtime and Holiday Time: For the purposes of this section, the following definitions shall apply. (1) normal work week consisting of 40 hours or, in the case "Overtime" shall man any time worked in excess of the of the fire department, any th worked in excess of 63 hours during the work week which if credited as set forth hereinabove. (2) of the holidays designated in Paragraph (b,l)! and to the nom1 work week in the case of police and fire "Holiday Time" shall man work performed on any deparhnent personnel. (e) Call-Back Overthe: Whenever an employee is called back to work for less than Ixo (2) hours, he shall receive a mini" of two (2) hours of overtime compensation at time and one-half. All time worked which exceeds the mini" of two (2) hours shall be canpensated for at the actual hours worked at the rate of time and one-half. (f) Exceptions to Overtime Policy: These overtime provisions shall not apply to personnel under the Executive Salary Plan. -33- (4) Standby Pay: time assigned by the appointing authority, in addition to the employee's normal work week assigNnent, during wkich the employee must remain where he can be contacted by telephone or radio, ready for irrmdiate call-back to his Standby duty is defined as that period of L departmsnt to perform an essential service. for employees shall be compensated in an munt of $10 daily. Standby time RUL;E XI. CFIANGEE IN EMpLoyEaEfsr STATUS Trans€er: may be transferred by the appointing per at any tirm! -- Section 1. After notice to the Personnel Officer, an erployee fm one position to another position in the same or corrg?arable class. the jurisdiction of one supervising official to another, both If the transfer involves a change fm must consent thereto unless the City Manager orders the transfer for purposes of emnoq or efficiency. Transfer shall not be used to effectuate a pramtion, dmtion, ad- vancement, or reduction, each of which may f=e acoamplished only as provided in the Personnel Ordinance and in these rules. person shall be transferred to a position for which he does not possess the mininnrm quaZifications. No Section 2. Promtion: Insofar as practicable and consistent with the best interest of the service, all vacancies in the mrit system shall be filled by pmtion from within the City's service, after a promtional examination has been given and a pmmtional list established. appinting per, a vacancy in the position could be filled better by 0-pen competitive dation instead of a closed prmtional If, in the opinion of the -34- 1 Section 3. Section 4. Section 5. examination, then the appointing pwer my request the Personnel Officer to call for applications for the vacancy and arrange for an open mpetitive examination and for the preparation and certification of an eligible list. (Reference: Section 5, Rule W) Demtion: The appointing pwer nay dmte an en-iployee whose ability to perform his required duties falls below standard, or for disciplinary purposes. Upon request of the ennployee, and with consent of the prospective super- vising official, damtionmay be mde to a vacant psi- tion as a substitution for lay-off. be demted to a psition for which he does not posses the mini" qualifications. shall be given the qloyee before or within three days after the effective date of the demtion, and a copy filed with the Personnel Officer. Suspension: from his position at any time for the good of the service, for disciplinary purpose, or for other just cause with the approval of the City Manager. shall not exceed thirty days, nor shall any employee be penalized by suspension for mre than thFrty days in any fiscal year. the Personnel Officer by the appointing mer. Reinstatement: an Employee who has resign& with a god recordnay be reinstated within two years to his former position, if vacant, or to a vacant position in the same or canparable No Ennployee shall Written notice of the demotion The appointing pwer may suspend an esrq?loyee Suspension without py Suspension shall be reported hmediately to With the approval of the appointing power, -35- class. Upon reinstatesnent, the employee, for dll pur- pses, shall be consider& as though he had received an original appointment. Section 6. Discharge: An qloyee in the merit service my be dis- charged at any time by the appointing per, upon approval of the City Manager and prior notification to the Personnel Officer. Any gnployee who has been discharged shall be entitled to receive a written statanent 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: me appinting pwa may lay-off an gnployee in the merit serVice because of material change in duties or organization or shortage of work and funds. days prior to the effective date of a lay-off, the ap@ntiq Ten mrking per shall notify the Personnel officer of the intended action with reasons Wefore, and a statement certifying whether or not the services of the qloyee have been satisfactory. A copy of such notice shall be given the fnnployee affected. factmy service, the name of the employee laid off shall be placed on the appropriate reanploymat list as provided by these rules. If certified as having given satis- Section 8. Reduction in Force Procedures: The following procedures will apply to all probationary axd permanent miscellaneous city anployees in the event of a reduction in the City work force. (a) Definiticms: The following definitions apply to these procedures: (1) City Service Seniority shall be determined as -36- the pericd of total continuous service with the City as measured from the date of original appointment . Classification Seniority shall be determined as the period of total continuous service of an employee in the present classification as mea- sured fm. the date of appointment to that classification. (2) Reduction in Force-Dmtion: Whenever there is a reduction in work force the City shall first dmte to a vacancy, if any, in a classification, which the qloyee with the greatest length of continuLous City service has previously scxvd and its determined to be currently qualified. An employee may refuse to accept a damtion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure Reduction in Force--Layoff: Whenever there is a reduction in the work force, the City shall secondly layoff employees within a classification according to continuous service seniority. least continuous City service shall be laid off first. Notification: work force requiring layoff the City shall serid writ- ten notice to the last known address of each anployee affected by a layoff. (.l) reason for layoff, (2) classes to which the employee my dwte within the City, if any, (3) effective Employees with the Whenever there is a reduction in the The notice shall include the -37- on and rebstatment fm reanploynent lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. (e) Determhing Length of Seniority: In determining continuous City service seniority, all uninterrupted aployment from the original date of hire, including periods of authorized leaves of absence and includ- hg all periods 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 served as a limited term or CETA employee, shall be munted as continuous City service seniority. (f) Order of Reduction in Force: In a reduction in force the following order of layoffs shall be fol- lowed: (1) part-time, temporary and provisional employees in the affected classification series; (2) limited term employees in reverse order of their seniority in the affected class series; (3) City probationary employees in reverse order of their classification seniority in the affected class series; (4) should there be need for further re- duction, regular employees in the affected clas- sification series shall be given the opportunity to acceptor refuse dfsnotion as previously described in SectLon B in reverse order of their classification seniority; (5). &auld a reduction in force still be necessary, regular anployees shall be laid off in reverse order of their classisification seniority. -39- Employees with Xdentical Senlorlty: Should two or'mre Epnployees have identical sdority, the order of layoff and damtion will be determjhed by alpha- betical order of the employees' surnames. Transfer: all effort will be made by the City to (h) transfer any epnployee WELO is to be affected by a reduction in force to another vacant position for which such Esnployee may qualify. Ci) Order and Method of Damtion Pursuant to a Reduc- tion in Force--Emping: When required due to a reduction in force, employees shall be demted in the following mer: (1) Eznployees wb are dmted, who have held permanent status in a lower classification shall have the right to bump employees of lesser seniority in that lwa classification. (2) E$rq?loyees who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a City probationary employee in such lower class, but may not bump regular City anployees already in that lowar clas- sif ication. (3) Reinstatement of Eahployees Denoted as a Result of a Reduction in Wrk Force: as a result of a reduction in force shall have their Eanployees who are demoted 39- mes placed on a reinstatement list, in the of their seniority, Vacant positions in which. an employee has served within a classification series shall first be offered to employees on this list. (k) Reanplopent of Eknployees Laid Off as a Rdt of a Reduction in Force: Einployees who are laid off and who held prmnent City status at the time of layoff shall haye their names placed on a re- ennploynent list for classifications at the same or lower salary range for which they qualify in the order of their calssification seniority. 'vacant positions in such classifications will be offered to eligibles on the reemployment list who qualify for such vacancies prior to an open or pmtional recruiwnt. Duration of Reinstatanent and Reemployment Lists: me eligibility of individuals on the reinstate- ment and reaployment lists shall atend for a pied of tw years fmm the date of damtion or layoff. notification of an opening after ten working days shall have their names remved fmm either the reemploymentor reinstatement list, Restoration of Benefits Upon Re€¶nploymentFollow- ing a Reduction in Force: Upon reemployment fol- lowing a reduction in force, an individual will We the following benefits restored: (1) Prior sick leaye accruals. (1) Eligibles not responding to written (m} e 1 (2) Seniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force. (3) The salary paid to an employee wkbo is re- employed shall be equivalent to the salary plan at the time of reenployment. qloyee chooses to be reaployed in a clas- sification which has a salary range lower than the classification fromwhich he was laid off, then salary placement will be in the range at the "E" step as reflected in the CUTlcent effective salary plan at the time of re- If the mployment .) (n) Payoff of Accruals Upon Layoff: Laid off employees are to be pid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff. such employee will resoain on the books and will be reinstated if they are reappinted. The sick leave accruals of (0) Retirement contribution: The disposition of the retirement aontributiom of a laid off a~loyee shall be governed by the provisions of the State of California Public Employees' Retirement Law as contained in the Government Code. Section 9. Resignations: An qloyee wishing to leave the City's service in good stanatng shall file with the appointing paws a mitten resignation stating the effective date and reasons for leav$ng at least two weeks before leaving -41- < the service, unless such the limit is waived by such official. A statement as to the resigned epry?loyee’s service performance and other pertinent information shall be forwarded to the Personnel Officer. to give notice as requird by this rule my be cause for denying future employment by the City, Failure RULE XII. GRTEvANcF.I sl?CaDm Section 1. Purpose: The purposes of the Grievance Procedure of the City of Carlsbad are: (a) To prmte improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is rmt provided by other regulations. To assure gair and equitable treatment of all employees and promte harmonious relations among employees, supervisors andmanagement. (b) (c> To encourage the settlement of disagreements bformally at the mployee-suwisor level and provide an orderly procedure to handle grievances througbut the several supervisory levels where necessary. zb provide that apmls shall be conductd as informally as possible. ?b reso5ve grievances as quickly as pssible and correct, if possible, the cause of grievances, (d) (e) thweby reducing the number of grievances and future similar “plaints. This grievance procedure is applicable to classi- fiW employees in each department of the City of Carlsbad. ($1 -4 2- sectioql 2. Definitions: For purpses of this grievance procedure, the following definitions shall apply: (a) City Manaqer: The City Manager or his authorized. representative. (b) Department: 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) mloyee or City mloyee: Any officer or employee of the City, except an elected official. (f) mloyee Representative: An individual who appears on behalf of the employee. (9) Grievance: A mplaint of an employee or a group of employees arising out of the application or interpretation of existing rules, regulations, or policies which come under the control of a department head. (h) Irrsneaiate Supervisor: The individual wlm assigns, reviews, or directs the wrk of an employee. (i) Interested Party: An individual having perti- nent and/or imneaiate knowledge of the cirm- stance out of which the grievance arose. (j) Supervisor: &e individual to whm an innnediate supervisor reports. Section 3. Reviewable and nonrevhmble Grievances: (a) ?b be reviewable under this procedure, a grie- vance must: I , (1) Concern matters or incidents that have ocmed. Result from an act or mission by manage- mt regarding working conditions or other aspects of employer-employee relations over which the head of the department has control. Arise out of a specific situation, act or acts considered as being unfair which result in ineguity or damage to the employee. Wise out of an interpretation and applica- tion of Personnel System Rules and Regula- tions. (2) (3) (4) (b) A grievance is not reviewable under this pro- cedure if it is a matter which would require the modification of a policy established by the City Council or by law, or is reviewable under sane other administrative procedure and/or rules of the City of Carlsbad, such as: (1) Applications for changes in title, job classifications or salary. A27peals from formal disciplinary proceeding. Appeals fm wrk performance evaluations. (2) (3) Section 4. m: The following special provisions apply to the grievance procedure. (a) Procedure for Presentation: In presenting the grievance the employee shall follow the sequence and the procedure outlined in Section V of this procedure. -44- (b) Prompt Presentation: The employee shall discuss the grievance with an hediate supervisor prcxnptly after the actor canission of management causing the grievance. (c) Prescribed Form: The written grievance shall be suhitted on a form prescribed by the Personnel Officer for this purpose. (d) Statement of Grievance: The grievance shall con- tain a statanent of: (1) The specific situation, actor acts con- sidered to be unfair. The inequity or damage suffered by the employee. (2) (3) The relief sought. (e) l3nployee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize mre than one representative for any one time, unless he so desires. (f) Interested Parties: There shall be no limit placed upon the number of interested parties which may provide information during the hearing of a grievance at any step of the grievance procedure. (9) Handled During Wrking Haurs: Whenever possible, grievances will be handled during the regularly scheduled working burs of the parties involved. (h) Extension of Tine: The time limits within which action must be ta,ken or a decision made as speci- fied in this procedure may be extended by mutual -45- I written consent of the parties involved. ment of the duration of such extension of the must be signed by both parties involved at the step to be extended. A state- (i) Consolidation of Grievances: If the grievance involves a group of errrployees or if a number of employees file separate grievances on the same mtter, the grievances shall be handled as a single grievance. ( j) Settlement: Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if neither party pre- sents the matter to a higher authority within the prescribed time. (k) Reprisal: The grievance procedure is intended to assure a grieving mployee the right to pre- sent a grievance without fear of disciplinary action or reprisal by the supervisor, superin- tendent, or department head, provided the provi- sions of the grievance procedure are observed. Copies of grievance forms will not be placd in mployee personnel records but will be maintained in separate files in the Personnel Department. Section 5. Grievance Procedure Steps: The following procedure shall be followed by an employee subnitting a grie- vance for consideration and action. (a) Discussion with Supervisor: The mployee shall discuss the grievance with an inmediate super- visor informally. Within tsm (2) working days, -4.6- I (a working day is considered to be the next mn- secutive full day the Employee is required to be present at the place of employment) the super- visor shall give a decision to the ennployee ver- bally. (b) Step 1: If the employee and supervisor cannot reach an agreement as to a solution of the grie- vance or the employee has not received a deci- sion within the two working day limit, the mployee may within two (2) working days present the grie- vance in writing to the supervisor who shall endorse cmnents thereon and present it to a superior within tFK) (2) working days. shall hear the grievance and give a written deci- sion to the qloyee within five (5) working days after receiving the grievance. The superior (c) Step 2: If the anployee and superior cannot reach an agrement as to a solution of the grie- vance or the employee has not received a written decision within the five wrking day limit, the Epnployee my within five (5) working days present the grievance in writing to the department head. The department head shall hear the grievance and give a written decision to the employee within five (5) working days after receiving the grievance. (dl Step 3: If the employee and deptment head cannot reach an agreement as to a solution of -4 7- I the grievance or the employee has not received a decision within the five working day limit, the employee my within five (5) working days present the grievance in writing to the City Manager. The City Manager shall within ten (10) work in^.^ days after receipt of the grievance hear the grievance and render a written decision. (e) Step 4: If the qloyee is not satisfied with the decision or recamendation of the City m- ger, the employee may within ten (10) working days appeal in writing to the Personnel Board of the City of Carlsbad. days after receipt of the appeal hear the appeal and render an advisory opinion to the City Manager. The City Manager shall within ten (10) working days advise the employee of intentions for final action. The board shall Withing 15 RULE XIII. "DJG, EDUCATION, IN" PAY BEXEE'ITS Section 1. Training and Education: (a) Responsibility for Training: The city enmurages training programs for employees. Responsibility for developing training programs for employees shall be assumed jointly by the Personnel Officer and department heads. Such training programs may include lecture courses, dmnstrations, assign- ments of reading matter, or such otha devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the perfor- mance of their respective duties. -48- Credit for Training: cessful cmpletion of special training courses may be considered in making advancements and pro- mtions. by the cmployee with the Personnel Officer. Reimbursement for Accredited Courses: Permanent miscellaneous employees of the city will be re- funded the cost of transportation, tuition, and books to professional and technical murses taken in accredited educational institutions provided that: (1) Participation in and suc- Evidence of such activity shall be filed The subject matter of the muse is related directly to the employee's field of work for the city. The qloyee shall furnish evidence that he has completed the course with a passing grade. Textbooks become the property of the city. (2) (3) Section 2. Incentive Pay: (a) mqevity Compens ation: (1) Salary Step L1 shall apply to any range in the Salary Plan to provide for a five per- cent (5%) increase of base salary for mis- cellaneous employees who, on or after July 1, 1976, have attained five (5) continuous years of sewice in the City of Carlsbad at the "E" Step of the same salary range in the Salary Plan. Employees who have accrued -49'- I all or part of five (5) years of continuous service at the "E" Step of the same salary range prior service toward the service requirement for "ent to Salary Step 32. where an employee is pmmted and mes from the employee's existing class to another class, allacated to a higher range of compensation, the employee shall be advanced to the lowest step in such higher range which will provide a five percent (5%) salary increase. Salary Step L2 shall apply to any range in the Salary Plan to provide for a two and one- half percent (245%) increase of basic salary for My 1, 1976, my credit this In any case those miscellaneous mployees who, on or after July 1, 1976, have attained 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 upn the qloyee being recom- mended for such salary step by the employee's department head and such recarranendation being appxwd by the City Manaqer. Failure of the department head to recommend a& of the City Manager to approve shall not constitute g-rounds for suhission of a grievance or an appeal to the Personnel -5Q - 0 Board. part of ten (10) years of continuous service at the "E" Step of the same salary range, prior to July 1, 1976, may credit this service toward the service requirement for mment to Salary Step L2. where an enployee is promoted and mves from the employee's existing class to another class allocated to a higher range of campensation, the employee shall be advanced to the lowest step in such higher range which will provide a five percent (5%) salary increase. Employees who have accrued all or In any case RUE33 XIV. €?DUCATIONAL INCENTIVE cx>MpENsi9TIcON Fire - Section 1. The Fducational Incentive Program, established by the Mmrandum of Understanding between the City and Carlsbad Fire Fighters Association, Inc. on June 2, 1972, shall be mdified effective July 1, 1979. Such mdification would continue the present program only for personnel who Were employed by the City as of June 30, 1979. of the Educational Incentive Program shall be appli- cable to any person hired by the department after July 1, 1979. Objective (1) No provisions To encourage full time career mployees to strive for, and maintain, a high level of educational achievenrnent. -51- c , (2) To acknowledge that with a high level of education, the employee is more valuable to the co-ty, therefore, he should be oom- pensated for this asset. To define education goals, and to aid employees in attaining then. (3) (c) Qualifying Standarcas: ience: At least tsm (2) years continuing full time employment with the City of Carlsbad. a permanent classification for one (1) year and The qloyee will have mb~tained performed his duties in a satisfacbry, or above, manner. Education: The following schedule establ- lishes classification mploymnt standards according to Personnel Ordinaance No. 1120, and will designate the base on which accurrmlated education units will establish eligibility. (1) A Fire Chief will be required to have attained a Baccalaureate Degree or its equivalent. A Fire Battalion Chief will be required to have attained an Associate Degree or its equivalent. A Fire Captain will be required to have attained 45 college units or its equivalent. A Fire Ehgineer will have attained 24 college (2) (3) (4) units or its equivalent. A Fire fiyhter will establish eligibility with (5) 24 college units or its equiy-alent. Percent 0 Service Units 0 Years Credits" Pay 2 24 2% 3 40 5 5 90 10 *College Unit equals fifteen (15) hours. Credit equals approximtely twenty (20) hours. In accordance with the City of Carlsbad Ehployee Education Program and Council Policy Statanent No. 3, tuition, registration and text reimburse- mentwill continue to benefit Fire Department employees. (9) Conditions: It will be recognized that an accumulation of mre than seven (7) units per semester muld interfere with the efficiency and/or health of a qualifying employee. Qualifying units or credits are not accumulated within regular scheduled mrking hours unless justified by a department educatiorr committee for the approval of the Personnel Director, represent- ing the City mger. A Fire Department Education Cononittee as specified in Section Iv will "it for the approval of the Personnel Director, representing the City Manager, a set of standards pertaining to fire safety seminars and a relative credit value as analyzed by the California Fire Chiefs' Association. -53- m Section 2. Police . t # ca) Educational: Incentive Ccanpensatidn - Police: As of July 1, 1977, the below 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 Train- ing Officer, Carlsbad Police Wpartment of successful completion of the prescribed course of study for and award of a Certi- ficate of Competency in Police Science by a State of California Cormnunity College and campletion of tm consecutive years of service as a member of the Police Depart- ment of the City of Carlsbad. years of service must have been completed irranediately prior to the time the appli- cation for Educational Incentive Compen- sation is submitted. Represated employees who have completed requirements they believe to be equivalent to those required for the award of a Certificate of Competency in Police Science but who have The two not been awarded such certificate and who would otherwise be eligible for Step 1, Educational Incentive compensation, may petition for recognition of equivalency to the Chief of Police. Upon receipt of such -54- f-* a request, the Chief of Police will request the City bknag-a b anvene a committee consisting of a representative of the City Manager, Baa and the Chief of Police to review and evaluate the petition. If approved, the applicant will be authorized Step 1, Ekcational 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 wt for eligibility for Step 1, Educational Incentive Compensation. (ii) Canpensation: Satisfac*ry fulfillment of the dbove requirement shall be compensated at the rate of twenty-five dollars ($25) paid biweekly for twenty-six biweekly pay periods per fiscal year. (2) Step 2. Applicable to all Peace Officers represented. (i) Requirements: Present evidence to the Train- ing Officer, Carlsbad Police Department of the award of an Intermediate Certificate issued by the State of California Commission on Peace Officers Standarc3 aid Training and Eligibility for Step 1. (ii) Ccxnpensation: SatisfactQry fulfillment of the above requirement shall be campensated at the rate of forty-five dollars ($45) paid biweekly for twentysix biweekly pay periods -55- b a e L BI, ' per fiscal year. Such compensation to be in lieu of any previous Educational Incentive Compensation payments which had been received. (3) Step 2. Applicable only to imn-morn personnel represented. (i) Requirements: Present evidence to the Train- ing Officer, Carlsbad Police Department, of having met the State of California Cananission and Peace Officers Standards and Training requiranents for an Intermediate Certificate as determined and agreed to by representatives of the City Manager and the Carlsbad Police Officers Association president. It is understood no certificate can be award& to non-mrn personnel. (ii) Compensation: Satisfactory fulfillment of the abve requirement shall be compensated at tlze rate of forty-five dollars ($45) paid biweekly for twenty-six biweekly pay periods per fiscal year. in lieu of any previous Educational Incentive Campensation payments which had been received. Such compensation to be (4) Step 3. Applicable to Peace Officers represented. [i) Requkements: Present evidence to the Train- ing Officer, Carlsbad Police Department, of the award of an advanced Certificate issued by the State of California carranission on Peace Officers Standards and Waininy and eligibility for Steps 1 and 2. -5 6- c L (ii) con_Rpen sation: Satisfactory fulfillment of the alcove requirement shall be compimsated at the rate of sixty-five dollars ($65) paid biweekly for twenty-six biweekly pay periods per fiscal year. to in lieu of any previous aucational Incentive Compensation payments which had been received. Such compensation (5) Step 3. Applicable only to non--swo1cn personnel represented. (i) Requirements: Present evidence to the Train- ing Officer, Carlsbad Police Department, of having met the State of California Comnission and Peace Officers Standards and Training requirments for an Advanced Certificate as determined and agreed to by representatives of the City !fanagex and the Carlsbad Police Officers Association President. It is understood no certificate can be awarded to non-mrn personnel. (ii) Compensation: Satisfactory fulfillment of the above requirement shall be ccnnpensated at the rate of sixty-five dollars ($65) paid biweekly for twenty-six biweekly pay periods per fiscal year. previous Educational Incentive Campensation payments which had been received. Such compensation to be in lieu of any -57- . ,-I< c *' L [6) Program Review: Parties fur the^ agree to recMtpnend that the abme proyratn be reviemd jointly by the City and Carlsbad Police Officers Association semi-annually during 3anuary and July of each succeeding year to evaluate the effective- ness and curracy of the program. (7) Proced'Lire: The Training Officer, Carlsbad Police Department, upn receipt of proof of eligibility for Eiucational Incentive Compensation, shall certify eligibility to the chief of Police. The Chief of Police upon approviny such eligi- bility, shall forward his approval to the City "ager for authority to commence the appropriate compensation. Educational Incentive Compensation shall conmace at the beginning of the next pay period following receipt of authorization by the City Manager of the approval by the Chief of Police. RULEXV. RF3poRTsANDRECORDS Section 1. mstw Cards: Be Personnel Officer shall maintain a service or roster card for each employee in the service of the City showing the me, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent. Section 2. Change of Status Report: Every appointment, transfer, prmtion, demotion, change in status of employees shall be reported to the Personnel Officer in such manner as he may prescribe. ' -5 8- t , * -4 RUL;E XVI. RULES OF APPEAL T8 PERSO"! BQ4tlD c L b Section 1. Right o$ Appeal. Any Employee in the conpetithe service shall, within seven days, have the right to appeal to the Personnel Board any disciplinary action, interpretation or alleged violation of the personnel ordinance, except in instances where the right of apwl is specifically prohibited by the personnel ordinance or these rules. Section 2. Method 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, inform each Personnel Roard, explaining the matter appealed from and setting forth therein a statanent of the action desired of the by the appellant, with his reasons therefor. The fomality of a legal pleading is not required. 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 mre than thirty days from the date of filing. Section 3. The personnel officer shall notify all interested parties of the date, time and place of the hearing at such places as the Personnel bard shall prescribe. Investigation. Personnel Board my make such independent investigation of the matter it may dean necessary. of such investigat Section 4. Upn the filing of an appeal , the The results of the proceedings and the appellant shall kve the right -5 9- \ %& to have a reasonable tiqe within which to answer or to present evidence in opposition to the firdings of this independent investigation. or( b Section 5. Hearings. ?"ne appellant shall appear personally unless physically unable to do so, before the Personnel Board at the time and place of the hearings. represented by any person or attorney as he my select and my at hearing prodtuce on his behalf relevant oral or documentary evidence. Appellant shall state his case first and, at the conclusion, opposition matter may then be presented. my be allwed in the discretion of the Personnel Board. Cross-examination of witnesses shall be permitted. He may be Rebuttal matter not repetitive The conduct and decorum of the hearing shall be under the control of the Personnel Board by its chairman, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and. witnesses. Hearings shall be closed unless the appellant, in writing, requests an open hearing. Section 6. Findings and Recrmmklations. The Personnel Board shall, within ten days after the conclusion of the hearing, certify its findings and decision in writing to the City Council and to the appellant. The City Council shall review the firdings and recmendations of the Personnel Board and may then afffb, rwake or rdify the action taken as, in its judgaent, seems warranted, and the actbn taken shall be final. Any member of the -60- t ,L ‘44 I 1 I & Personnel Board may sukdt a minority or supplanenml findiny and reconmeridation. In case of suspension, discharge or dation the appointhg pwex any employee to his forinex status if proof the action was for discriminatory reasons. shall reinstate is made that -61-