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2000-24 RESOLUTION NO.2000- 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 98-29, AND AMENDING THE RULES AND REGULATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS PURSUANT TO THE GRAND TERRACE MUNICIPAL CODE SECTION 2.24.090 WHEREAS,section 2.24.090 of the Grand Terrace Municipal Code states Personnel Rules and Regulations and amendments hereto shall be adopted by Council Resolution; and WHEREAS, the Rules and Regulations have been amended to include adding definitions for regular salary and regular salary for termination purposes,to bring the classification list up-to- date, to rewrite procedures for the City ID Cards and the Facility Key Policy, and to delete the Education Incentive Policy. NOW, THEREFORE, the City Council of the City of Grand Terrace DOES HEREBY RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS: Section 1 Rescission-That Resolution 98-29 is hereby rescinded. Section 2. That said City Council hereby approved the amended Rules and Regulations for the Administration of Personnel Matters incorporated herein as Exhibit"A." PASSED,APPROVED AND ADOPTED this 10`h day of August, 2000. ATTEST:. City Clerk of the City of GraKd Terrace Mtrf of e City of Gran Terrace and of the City Council thereof. An the City Council thereof. I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting ofthe City Council ofthe City of Grand Terrace held on the 10'day of August,2000,by the following vote: AYES: Councilmembers Hilkey, Garcia, and Larkin; Mayor Pro Tem Buchanan and Mayor Matteson NOES: None ABSENT: None ABSTAIN: None City ClerkApproved as toArm: City Attorney r EXHIBIT "A" Resolution No. 2000-24 CITY OF GRAND TERRACE RULES AND REGULATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS RULE NO. SUBJECT PAGE I DEFINITIONS 1-4 II GENERAL PROVISIONS 5-13 III CLASSIFICATION 14 IV COMPENSATION 15-17 V FRINGE BENEFITS/RETIREMENT 18-19 VI ADMINISTRATIVE LEAVE/ANNUAL VACATIONS 20-21 VII HOLIDAYS 22-23 VIII LEAVES OF ABSENCE, SICK LEAVE, LEAVE WITHOUT 24-27 PAY, MILITARY LEAVE, COMPULSORY LEAVE,MATERNITY LEAVE, JURY LEAVE,FUNERAL LEAVE, FAMILY CARE/ MEDICAL LEAVE IX SEPARATION FROM SERVICE/LAYOFFS 28-30 X DISCIPLINARY PROCEDURES 31-32 XI APPEAL TO CITY COUNCIL 33-34 XII PROBATIONARY PERIOD 35 - , XIII PERSONNEL FILES 36 INDEX SUBJECT PAGE REFERENCE Abandonment of Job 6 Administrative Leave 21 Advancements (Also see "Promotion") 1 American Disabilities Act 5 Appeal 33-34 Appointing Authority 1 Birthday Bonus 19 Child Care Subsidy 8-19 Citizenship (Proof of) 5 Classification Plan 14 Compensation 15-17 Compensatory Time 17 Compulsory Leave 25-26 Computer Loan Program 19 Definitions 1-4 Departmental Rules 5 Disability Insurance 18 Disciplinary Suspension 31 Dismissal(See "Separation") 28-30 Dress Code 10 Drug/Alcohol Free Workplace 7-9 E-Mail Policy 10 Employee Warning Notices 31 Evaluations 7 Exceptional Service 16 Family Care/Medical Leave 26-27 Fringe Benefits 18-19 Funeral Leave 25 General Provisions 5-13 Grand Jury Testimony 9 Grievance Procedure 32 Harassment 6 Holidays 22-23 Hours of Work 10 Identification Cards 40 Jury Leave 26 Keys to`City Facilities 41 Layoff Policy 28-29 Leave of Absence 25 Longevity Pay 18 Lunch/Break Policy 10-11 SUBJECT PAGE REFERENCE Maternity Leave 26 Medical Insurance for Retirees 18 Military Leave 25 Nepotism 9 Nondiscrimination Policy 5 Oath or Affirmation 5 Overtime 16-17 Pay Increases 16 Pay Period 10 Personnel Files 36 Physical Examinations 7 Physician's Certificate 24 Probationary Period 35 Promotion 16 Reclassification 14 Regular Appointment 35 Retirement Plan-PERS 18 Safety/Health 9 Salary 15-17 Separation/Termination 28-30 Sexual Harassment 6-7 Sick Leave 24-25 Sick Leave Sell Back 24-25 Smoking Policy 7 Standards of Performance 6 Transfer 16 Travel Policy 37-39 Unemployment Compensation 11 Unsatisfactory Service Rating 5 Vacation 20-21 Violation of Rules 5 Violence in the Workplace 11-13 Worker's Compensation 24 "Y" Rated Salary 16 � RULE I DEFINITIONS GENERAL TERMS Wherever used, the masculine noun or pronoun shall include the feminine. The singular shall include the plural,and the plural the singular. The word"shall"shall be construed as mandatory,and the word "may" as permissive or discretionary. DEFINITION OF TERMS Active Service - shall mean actual time worked, holidays with pay, leaves of absence with pay, leaves of absence without pay not to exceed 14 calendar days,and leaves of absence without pay not to exceed one year for which Worker's Compensation is paid. It shall also include Saturdays and Sundays or other regular days off which are immediately preceded or immediately followed by other time worked. Advancement - shall mean a salary increase within a range of compensation provided for each position, which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination. Applicant- shall mean a person who has made application to take a City examination. Appointing Authority- shall mean the City Manager. Appointment-shall mean the offer to,and acceptance by,a person of a position either on a regular or temporary basis. . Certification-shall mean endorsement as meeting required minimum standards fora vacant position. Child Care Employee-shall mean an employee that receives 10 percent deferred compensation and after five years of service receives 14 percent deferred compensation,if the employee works 30 hrs per week, PERS retirement(must work 20 hrs. per week), Managed Health Network, Short-term Disability (must work 20 hrs. per week), life insurance after five years of service, personal leave accrued according to hours worked and two floating holidays after six months of service. Class - shall mean a group of positions, with such similarity in respect to their duties and responsibilities that similar requirements as to education,experience,knowledge,and ability should be demanded of incumbents,that similar tests of fitness may be used to choose qualified employees, and that the same schedule of compensation may apply with equity under substantially the same employment conditions. Classification Plan - shall mean the official or approved system of grouping positions into appropriate classes. Classified Service - shall mean all offices, positions, and employment in the Grand Terrace City service, except those expressly designated as unclassified in City Ordinances. Compensation-shall mean any salary,wage,fee,allowance paid to an employee for performing the duties and exercising the responsibilities of a position. Compensation Plan-shall mean the official schedule of pay approved by the City Council assigning one salary or wage range to each class title. Compensatory Time - Time accrued or taken off from work, with pay, in lieu of paid overtime compensation. Continuous Service- shall mean City service uninterrupted by separation. Deferred Compensation - shall mean tax-deferred monies held in an account until time of termination or retirement from the City. Department - shall mean an administrative branch including a group of employees.under the immediate charge of a chief executive officer of a department,institution,board,or commission of t' the City Government,which latter officer shall be known as the department.head. Eli ig bili , List-shall mean the ranking of eligibility for a vacancy in order of overall qualification. Employee-shall mean person which is legally an incumbent of a position in the classified service, or who is on leave of authorized absence with the right to return to his position. Exempt Employees - shall be those employees designated by the City Manager. Such employees shall be exempt from paid overtime. Fringe Benefit(s)-shall mean an employment benefit(health insurance,paid holiday,etc.)granted by an employer that involves a money cost without affecting basic wage rates. Hours Worked-shall be those hours actually worked by an employee in any calendar week, Sunday through Saturday inclusive, and shall include paid holidays and vacation used; however, hours worked shall not include leave without pay or sick leave time taken. Interim Appointment shall mean a short-term appointment made from an eligibility list. Intermittent Service- shall mean City service interrupted by separation. �-" 2 r' Lay off shall mean the involuntary nondisciplinary separation of an employee from a position. Leave- shall mean an approved type of absence from work as provided for by these Rules. Length of Service - shall include Saturdays, Sundays, or other regular days off which are immediately preceded or immediately followed by normal work days. Nepotism - favoritism shown to a relative -- such as appointment to a position on basis of relationship. Nondiscrimination-shall mean to not make a difference in treatment or favor on a basis other than individual merit. An example:to favor your friends or rule against a certain race,belief or sex,etc. On-call Employ - shall mean an employee that does not work a regular schedule -- works intermittently as needed. Overtime Rate- shall be one and one-half times the hourly pay rate. Pay Range-ranges start at minimum,with a midpoint and maximum pay rate;raises are normally in 5 percent increments,but can be less or more depending on the employee's performance. Pam-shall mean a specific dollar amount expressed as either an annual rate,a monthly rate,a semimonthly rate, a biweekly rate, or an hourly rate. Personal Leave - shall mean leave for illness or vacation for child care employees. On-call and seasonal employees will not be able to accrue personal leave. Position- shall mean a specific office of employment, whether occupied or vacant, calling for the performance of certain duties and the carrying of certain responsibilities by one individual,either on a full-time or part-time basis. Probationary Status-shall mean service under regular appointment prior to completion of a one year probationary period. Promotion - shall mean elevation of a City employee to a position which has a maximum salary higher than that of the employee's former position. Regular Salary - shall mean that salary is based on normal working hours in a pay period not to exceed 80 hours. Regular Salary (for termination purposes - shall mean that it is based on the hourly wage of the employee times the number of hours in the pay period on date of termination,if sooner than the end of the pay period. Regular salary excludes any overtime and any sick or vacation or administrative 3 hour buyouts and any reimbursements. No deferred compensation will accrue after the date of termination. Therefore, if the employee elects to collect all accrued vacation in cash upon termination, rather than using before termination, no deferred compensation will be calculated on the vacation hours paid. Regular Status - shall mean the satisfactory completion of a one year probationary service and continuing regular appointment. Regular Full-Time Employee-an employee that works at least 32 hours per week and receives all benefits. Regular Part-Time Employee-an employee that works part-time and receives benefits on an accrual basis. Rejection- shall mean giving no consideration. Relative - shall include wife, husband, mother, father, son, daughter, grandmother, grandfather, granddaughter, grandson, mother-in-law, father-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,nephew, cousin or person(s)under guardianship of the employee. Seasonal Employee - shall mean an employee hired for a short term due to seasonal employment. An example would be a lifeguard,pool manager or pool cashier. Seasonal employees do not receive (' benefits, but do receive regular paid holidays. They do not receive floating holidays. Suspension - shall mean an enforced leave of absence for disciplinary purposes or pending investigation of charges made against an employee. Temporary Appointment-shall mean an appointment not made from an eligible list for short-term employment. Termination-the separation of an employee from City service because of retirement, resignation, death or dismissal. Transfer- shall mean assignment of an employee from one position to another position. Transfer can take place within a department,between departments,between positions of the same class, or between positions of different classes. Work Day - shall mean scheduled number of hours an employee is required to work per day. \ - 4 RULE II GENERAL PROVISIONS Purpose of Rules and Regulations - These rules and regulations are adopted to ensure complete understanding of personnel policies by the City's employees, to develop fairness of application throughout the City's several departments, and to serve as guidelines for the administration of Personnel matters. The City reserves the right to change or modify the terms and conditions set forth at its discretion and without prior notice to the employee. These rules serve as guidelines only and do not constitute a contract. Nondiscrimination Policy -The City of Grand Terrace does not discriminate on the basis ofpolitical affiliation, race, color, ancestry, national origin, sex, age, religious belief, or disabled status in admission to, or treatment or employment in, its programs and activities. American Disabilities Act(ADA) - The City complies with the American Disabilities Act, which was signed into law in 1990. Title I of this act prohibit discrimination on the basis of mental or physical disability with regard to all aspects of employment and employment decisions. Oath or Affirmation- Government Code Sections 3102 and 36507 require that all City employees must sign an Oath or Affirmation when accepting employment with the City. Proof of Citizenship - The immigration and Control Act of 1986 requires that the City (employer) attest on an I-9 form,and provide proof,that the employees hired after November 6, 1986,are either citizens, a permanent resident alien,or otherwise authorized to be employed. Verification of proof may be by social security card,birth certificate,U.S.passport,driver's license,foreign passport with work authorization or alien immigration ID card. Violation of Rules - Violation of the provisions of these rules may be grounds for dismissal, disqualification, suspension, or demotion. Departmental Rules - A department head may, with the approval of the City Manager, adopt and administer written personnel regulations for his department which are supplementary to and not inconsistent with the Personnel Rules and Regulations or the laws of the State of California. Promulgation of Rules - All City personnel ordinances, rules, notices, and policies shall be made easily accessible to all employees. Unsatisfactory Service Rating - Any employee receiving an unsatisfactory rating for any of the following: work quality,work quantity,work attitudes,or work habits may be subject to reduction in compensation or may be subject to dismissal from the classified service pursuant to these rules. 5 Standards of Performance and Conduct High Standards Required-Employees of the City of Grand Terrace are expected to maintain high standards of performance and conduct. Employees who fail to maintain high standards of performance and conduct subject themselves to suspension from duty without pay, demotion, or dismissal. Performance Guides-Failure to meet high standards of performance and conduct may be associated with the following: a. Physical inability to perform the duties of his position; b. Failure to pay just debts or make reasonable provisions for future payments; C. Conviction of a criminal offense involving moral turpitude; d. Damage to public property or waste of public supplies through misconduct or negligence; e. Conduct unbecoming an officer or employee; f. Absence from regular assigned duty without leave. Abandonment of Job-Any employee that is absent from his job without notification or contact with his employer for 72 hours shall be terminated due to Abandonment of Job. Harassment-Is a form of misconduct that undermines the integrity of the employment relationship including verbal, physical and visual acts, which may be offensive, intimidating, unwelcome, or reasonably interpreted as objectionable. Sexual Harassment - Employees should not be subjected to unsolicited and unwelcome comments or conduct with sexual overtones. Sexual harassment does not refer to occasional compliments of socially acceptable nature. It refers to behavior that is not welcome and is personally offensive to a reasonable person, interfering with work effectiveness. Such conduct, whether committed by supervisors or non-supervisory personnel, is specifically prohibited. This includes repeated offensive sexual flirtations,advances, or propositions, continued to repeated verbal abuse of a sexual nature, graphic or degrading comments about an individual on his or her appearance. The display of sexually suggestive objects or pictures,or any offensive or abusive physical contact. 6 Any employee who is subject to any kind of harassment or intimidation is strongly encouraged to bring such behavior to the attention of his immediate supervisor and/or the City Manager. All such complaints will be treated in the strictest confidence. If employee is not satisfied with action taken by the Supervisor or the City Manager,the employee shall have the right to file a formal grievance with the City Council. Evaluations-In all offices,departments,and places of employment,subject to the Personnel Rules, the City Manager shall make,or cause to be made,on the prescribed forms,reports on the individual efficiency of each employee in the classified service of the City. Such reports shall cover the following periods: three months'and six months'review for probationary employees and annually for regular employees until they reach the top of their range. After the top of the range is reached, reviews can be when the supervisor or Personnel Officer feel there is a need. From such reports of efficiency ratings, the City Manager shall establish and maintain records showing the service ratings of employees for possible use in determining the order of layoff and reinstatement and for consideration in recommendations related to transfer,promotion, demotion, and dismissal. Physical Examinations-The City shall require that all initial,regular employees be in such physical or mental condition to perform the duties of their j obs and shall require an initial medical evaluation, which includes drug testing, according to job classification. Subsequent examination(s) may be required due to changing health conditions as directed by the City Manager. No employee shall hold - any position in a classification in which he cannot physically or mentally perform all the duties of the j ob adequately or without hazard to himself or others. Within the limitations indicated,the City's policy shall be to make such efforts as are consistent with the provisions of these rules to place physically disabled employees in such positions as are available in the City's service where their disabilities will not affect their performance of duties. The employee's length of service,nature of past performance,and the availability of openings may be considered in placing disabled employees. Smoking Policy - The City observes a No-Smoking Policy in all City-owned buildings which includes the Civic Center Complex,the Fire Station,the Child Care Center,the Senior Center,the Chamber of Commerce Office,the EOC Building, and the Maintenance Shop and Offices. Drug/Alcohol Free Workplace-Use of drugs/alcohol represents a substantial safety problem,in that an intoxicated employee is a danger to himself, as well as fellow employees, the public, or to the operation of the City. Drug and alcohol use can seriously affect job performance and employee safety. The City of Grand Terrace, in order to achieve and maintain a drug and alcohol free workplace, will be firm in disciplining any employees who should be found to be working under such influences. Violation of this policy could be a cause for termination. In order to promote a drug/alcohol free workplace,the City conducts pre-employment drug/alcohol testing for City positions. 7 Pre-employment drug/alcohol tests apply only to non-City employees; City employees who apply for another City position shall not be subject to pre-employment drug/alcohol tests. Any applicant who tests positive in a drug/alcohol test will not be hired by the City. For existing City employees drug/alcohol abuse shall be monitored as follows: 1. The use of prescription drugs which would not alter an employee's work performance is acceptable, if prescribed by a qualified physician. However, employees must notify their supervisor before beginning work when taking drugs (prescription or non-prescription) which may interfere with the safe and effective performance of their duties. 2. It shall be cause for discipline to sell or trade any drugs or alcohol,while on duty or on City property. Drugs shall be defined as any narcotic, prescribed or over-the- counter medications in excess of prescribed dosages, or other non-prescribed hallucinogenic substances, stimulants, depressants, or other illegal substances, or becoming so intoxicated or influenced while on the premises of the City or during working hours or while performing assigned work. 3. It shall be up to each individual employee to report any information regarding the use, manufacture, sale, possession or employees under the influence of alcohol, or unprescribed controlled substances on City property or City time. 4. An employee who is convicted of violation of a criminal drug statute as a result of activity,occurrences,or events which are also in violation of the terms of this policy must report the conviction within five days after the conviction to the City. Failure to properly report a conviction, will result in discipline, up to and including termination. 5. It shall be cause for discipline if any employees report to work intoxicated or under the influence of narcotics,prescribed or over-the-counter medications in excess of prescribed dosages,or other nonprescribed hallucinogenic substances,or to become so intoxicated or influenced while on duty. 6. When a supervisor has reason to believe that an employee is under the influence of intoxicating liquor and/or narcotics,the supervisor shall have the authority to order that employee, accompanied by a supervisor, to report immediately to a medical facility and be examined by a physician. The examination shall be conducted while the employee is "on the clock." The City shall bear the expense of the examination, and shall provide transportation to and from the medical facility and the employee's work station. 7. If an examination shows that the employee is intoxicated or under the influence of narcotics, prescribed or over-the-counter medications in excess of prescribed dosages,or the nonprescribed hallucinogenic substances and has,therefore,violated the above rules,the employee shall be subject to discipline. 8. Failure to submit to an examination, when so ordered by a supervisor, will be considered insubordination, and grounds for discipline, up to and including termination. 9. All test results shall be kept confidential and will only be revealed to the applicant/employee tested,or as required by law,or to any employee who has a need to know in order to carry out his job function. 10. In appropriate cases,such as a first offense,the City shall make every effort to work With the employee and place him in an assistance program or service for purposes of rehabilitation, in lieu of disciplinary action or criminal prosecution. Failure of the employee to attend an assistance program or service, may be consideration for dismissal. 11. Employees who test positive a second time for the use of intoxicants or drugs, as previously defined, will be terminated from other employment with the City. Employeeponsibility for Correct Personnel Information-It shall be the responsibility of each employee to keep his department head and the City Manager's Office advised concerning his marital status, number of dependents, and his correct address and telephone number. Safety and Health-Employees shall comply with all applicable safety laws,rules,and regulations, Employees shall follow safety practices,use personal protective equipment as required,render every possible aid to safe operations, and report to proper authority all unsafe conditions or practices. Grand Jury Testimg=-The refusal of any employee to testify under oath before the County Grand Jury in a County Grand Jury investigation of governmental bribery or misconduct in public office shall constitute good and sufficient grounds for the dismissal of such employee. Nepotism-No person shall be appointed to any position in the classified service who is a relative by blood or marriage of any elected official, the appointing authority, or any board committee, or commission receiving regular remuneration from the City;nor shall any person be appointed to any position in the classified service in the City which has in its employ a person who is a relative by blood or marriage. For purposes of this section, a relative shall be defined to spouse and spouse's relatives, father, mother, sister, brother, daughter, son, grandmothers, grandfather, grandson, granddaughter,son-in-law,daughter-in-law,aunt,uncle,niece,nephew,cousin and person(s)under guardianship of the employee. 9 Hours of Work- The City observes a compressed work week (nine-eighty). The pay period (two weeks) consists of eighty hours worked; the Fridays after a regularly scheduled Council Meeting (second and fourth Thursdays)is taken as a day off. The work day is nine hours,except for the other Fridays worked,and that is an eight-hour day. Twice during the year,when the pay period does not include a second or fourth Friday off, staff will be entitled to a day off, but the departments will remain open. The City Manager may establish work schedules consistent with the normal business practices within the community and the needs of the City. Pay Period- The City's pay period consists of fourteen days beginning on Saturday and ending on Friday. Pay day is every other Tuesday. Payroll distributes a packet of time sheets to employees that indicate the pay periods throughout the year. Dress Code- The City does not have a formal dress code policy. However, City Staff is expected to dress in appropriate office attire. Blue jeans, tennis shoes, and casual leisure wear are not appropriate for the office,but some denim dresses and skirts are suitable. Male office staff should wear a necktie,unless extenuating circumstances would make that inappropriate. The Fridays that we work are casual days and relaxed dress is appropriate,which includes blue jeans and shorts(no short shorts). On casual days common sense shall dictate our dress, since there will be times when a special meeting shall require other than casual dress. E-Mail Policv E-mail(electronic mail)is for work-related purposes only. All non-work-related uses of E-mail are strictly prohibited and the system is the property of the City of Grand Terrace. The City has the right to monitor the system for any purpose including auditing and disclosing all matters transmitted over the system. Only important business-related messages should be saved and maintained in a particular directory or area on the computer or network system. E-mail may not be used to communicate any improper message or information. Deleted E-mail can survive in varied ways and can be recovered. An example of improper use would be lewd,obscene or sexual comments, defamatory comments or those that may demean or offend another's race, religion, national origin, ancestry, disability, medical condition, marital status, sex, sexual orientation, age or for personal outside business or any other communication that has no relationship with City business.. Any abuse of the E-Mail Policy shall be subject to disciplinary procedures. Lunch/Break Policv -Employees that work an eight-hour day may take one break in the morning, and one in the afternoon. Break periods shall not exceed 15 minutes each. A part-time employee working four to five hours per day is entitled to a 15-minute break during his four to five-hour work period. Anyone working three and one-half hours or less will not be entitled to a break. An employee that works an eight-hour day is entitled to an hour for lunch. An employee that works more than five hours,but less than eight is entitled to a 30 minute lunch break. When there is a work -�' 10 period of not more than six hours,the lunch hour may be waived by mutual consent of employer and employee. The supervisor may stagger lunch hours throughout the late morning and early afternoon hours. Break and lunch periods may be taken only in the time period for which they are designated and may not be accrued. Extenuating circumstances, as determined by the immediate supervisor, may establish cause for variation from the scheduling of break and lunch periods. Unemployment Compensation-As required by state law,all City employees are covered under the California Unemployment Compensation Program. Further information is available at the local State of California Employment Development Department. Violence in the Workplace-The importance of a safe work place is not only the responsibility of management, but also of its employees. All employees will be cognizant of the importance to maintain a safe workplace that is free of acts or threats of violence. Employees are to be involved and report to their supervisor or department head any acts that could be suspicious as a threat to the workplace. Following is a list of circumstances that affect the City that could be potential possibilities for violence: • A department that exchanges money • Any service-oriented departments where customers can become irate Any kind of dispute or argument that goes unsolved • Citizen complaints that are not resolved • Working alone at night and during early morning hours • Performing public safety functions in the community • Code enforcement • Layoffs and terminations How to Deal With Potential Violence 1. Dealing With the Public While our City has a strong commitment to customer service, the City does not intend for employees to be subjected to continuous verbal or physical abuse by customers.Employees should report to their supervisor any situations where they are subjected to continuous verbal or physical abuse by customers and they fear that `� ' 11 physical retaliation may occur,or where someone has made verbal threats ofphysical violence. Further concern over the possibility of physical violence should be discussed with the supervisor and the City Manager, and reported to the Sheriff's Department. 2. On the Job Situations can develop where relationships between employees, or between an employee and the supervisor, result in strong negative feelings by individuals involved. Any persons involved in situations where they fear that physical retaliation may occur, or where someone has made verbal threats of physical violence, should immediately discuss it with their supervisor or with the Personnel Officer (City Manager), if the supervisor is involved. 3. Off the Job Employees can be involved in personal non-criminal disputes with family members or neighbors. If such a situation escalates,individuals sometimes secure a restraining order or similar order from the court. In such situations the employee should consult with a private attorney. If an employee does request a court order,he should include the work location as well as place of residence in the order. The employee will inform the supervisor and the City Manager of the issuance of such an order and provide a description of the individual cited in the order. City employees must file all temporary restraining orders and emergency protective orders with the city in which they reside so that these orders can be enforced. Even in cases where an employee does not file a court order, but does fear for his safety,the employee should notify the Police Department in the town he resides. The supervisor and City Manager must be informed as well as the Sheriff's Department, should anything happen during working hours. Management's Responsibili y (Cityanager and Department Heads) Management is a key player in providing a safe workplace for its employees. It is easy to become resigned to the'belief that individual employees are prone to explosive behavior which is beyond the employer's control. There is a need to be able to recognize the warning signals and deal with them as they come about. Threatening actions,obsessions and grudges,layoffs and certain terminations are some of the telltale signs to look for and report. When any of the above situations are brought to the attention of management, an evaluation of the severity of the situation must be made. If the conclusion is that there is a likelihood that violence could result, management will: 1. Be aware of any confrontation that your employee(s)may be having with a citizen or customer. Be available as backup or, if necessary,to call the proper authorities. 12 2. For personal conflicts discuss the situation with the employee and supervisor involved. Provide a description of the subject and instructions on actions to betaken if the subject comes to the work site. Provide this same information to the Sheriff s Department. 3. If it is known ahead of time that a person is to be on the premises that has issued threats or hints of violence,the Sheriffs Department should be informed. 4. It is the supervisor's responsibility to follow company policies and work rules in a consistent, fair manner and review his/her subordinates' work performance objectively. The condition of the employer's disciplinary procedures, their consistency and the willingness to consider alternative solutions such as an employee assistance program, have an effect on the likelihood of workplace violence. This consistency results in an early detection of inappropriate behavior which could indicate an inclination for workplace violence and sends a consistent message that such conduct will not be tolerated. 5. The City pays for an Employee Assistance Program for the employees that can be an excellent means for coping with any of the above situations. This program is Managed Health Network(MHN)and provides confidential,professional assistance to the employee. It is always a good idea to remind the employee that he has this to utilize, as it seems to be a benefit that is sometimes forgotten i� _ 13 RULE III CLASSIFICATION Preparation of Plan - The City Manager, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the classified service and,after consulting with heads of departments affected, shall recommend a classification plan for such positions. The plan and any revisions thereof shall become effective upon approval of the City Council. Following the adoption of the classification plan,the City Manager shall allocate every position in the classified service to one of the classes established by the plan. When a new position is created, before the same may be filled, except as otherwise provided, no person shall be appointed or employed to fill any such position until the classification plan shall have been amended to provide therefor. Reclassification - Positions, the duties of which have changed materially so as to necessitate reclassification, shall be recommended by the City Manager,for approval by the City Council,to a more appropriate class,whether new or already created. Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions. Reclassifications do not require a three and six-month review for regular status. For review purposes, the annual review can remain the same as in the past or can be changed, depending on supervisor and individual circumstances. The City Manager and/or supervisor will be deciding party(ies) on change of review date. 14 RULE IV COMPENSATION Application of Rates - The City has a policy of open salary ranges which define the minimum, midpoint and maximum for each job. Employees occupying a position in the classified service shall be paid a salary or wage established for that position class under the approved compensation schedule,based on their time worked. Compensation Schedule - The compensation schedule for classified service shall include a list of classes of positions by occupational group,with the standard rates of compensation shown for each class. All rates shown on the official compensation schedule and conditions set forth therein are in full payment for services rendered and are intended to cover full payment for the number of hours regularly worked in each class. Application of the Compensation Schedule - The salary range, as set forth for each classification, shall be applied in accordance with the following: New Appointments -Each position has a salary range which consists of minimum, midpoint and maximum. The minimum rate for the position shall generally apply to new employees with little or no experience within his classification. When qualifications and experience warrant,an original appointment or reinstatement may be made at a rate other than the minimum rate. The City Manager will decide the new appointment salary based, in part, on the experience and training of each employee involved and according to the needs of the City. Normal Advancements - After an employee successfully completes six-months of service,he is eligible for an increase. It is up to his department head to recommend the percentage of increase based on the employee's performance record to the City Manager. Thereafter, increases may be considered at annual evaluation dates. The date that the employee receives his first increase will be the annual evaluation date. Employees that demonstrate consistent superior performance may receive advancements outside the normal procedure based on the merit of the performance. Advancement Provisions-No salary advancement shall be made so as to exceed any maximum rate established in the compensation schedule for the class to which the advanced employee's position is allocated,except as otherwise may be provided for. Advancement shall not be automatic,but shall depend upon increased service value of an employee to the City as exemplified by the recommendations of his department head, length of service, performance record, special training undertaken, or other pertinent evidence,within the advancement policy established by the compensation schedule. The advancement of an employee,therefore,is one in which actual merit and not time alone governs. An employee shall be recommended for pay increases then only when he clearly deserves advancement as indicated by at least a competent rating on his last performance evaluation,and not simply according to the elapse of a time period. Exceptional Service-Another provision of these rules,notwithstanding,the City Manager may grant a 5% increase in salary above the established rate for a given class for a specified period of three, six, nine, or twelve months when an employee on his own initiative and by his own efforts and abilities is rendering service above the level of proficiency normally expected in the class or is producing results consistently superior to that normally expected of employees in the class. "Y"Rate-. An employee at the"Y"rate of the salary range of any class is defined as any rate of pay in excess of the maximum step prescribed for a class. An employee at the "Y" rate shall retain the same rate of pay that he was receiving immediately prior to being assigned to the "Y" rate. An employee may be assigned to "Y" rate who is reclassified from a class or position in which he has acquired regular status to a class or position with a lower salary maximum than his present position, or he may have his salary reduced. An employee with regular status may appeal a salary reduction to the City Council. Promotion to Another Class-Upon promotion,an employee shall receive a minimum of 5%increase in pay, subject to the following conditions: The position held by the employee immediately prior to the promotion must have been held under a regular or probationary appointment. The employee who is receiving compensation at the"Y"rate immediately prior to promotion shall have his salary reduced by reason of such promotion. A promotion under the above requires a six-month probation period with a salary review upon completion of probation. This date will become the new annual evaluation date. Pay increases Other than Advancement and Promotion-The provision governing the granting of pay increases specified on page 15 under advancement provisions apply to all pay increases as well as advancements. Transfer to Position Within the Same Class -When a transfer of position is made within the same range,there shall be no salary increase or decrease because of such transfer. If, in the opinion of the City Manager, the application of the provisions of this section results in compensating an employee at an inequitably low rate compared to other employees in the same class, the City Manager may raise such salary to a rate determined to be most equitable. Such action shall not be contrary to the general intent and spirit of this rule. Overtime - General - All nonexempt employees who render approved overtime service and, as a result,whose time worked exceeds the normal pay period which is 80 hours,shall be paid overtime and double time for holidays. A current record shall be kept at each instance of authorized overtime 16 work stating the reasons therefor and by whom authorized, and also the date and duration of each instance. The overtime service must be for work definitely ordered or approved in advance by the appointing authority, except in emergency conditions. Overtime Rate- Overtime shall be computed at one and one-half times the employee's hourly rate of pay. The smallest unit of time worked to be credited as overtime shall be a quarter-hour. Compensatory Time Off-All employees shall be allowed to accrue compensatory time in lieu of overtime pay. Compensatory time is computed at straight time. Said compensatory time shall be accrued as hours worked in excess of a normal pay period which is 80 hours. The maximum accrual shall be 40 hours. In addition,the City Manager shall have the option of paying exempt employees for time worked in excess of the standard work day or week at straight time computed at that employee's regular hourly rate of pay. Any compensatory time earned must be used before terminating from the City or it will be lost. Temporary Salary Increase-The City Manager may,at his discretion,grant an employee a temporary advancement of not more than 10% for a period in excess of one month, but not to exceed six months, during that time such employee is required to perform the duties of a higher position. At the conclusion of such assignment or period of advancement granted, whichever is shorter, the employee's salary shall be reduced to the normal rate prescribed for his classification. Longevity Pay - On the anniversary of ten years of service,longevity pay in the amount of$100 is - paid in addition to the employee's normal monthly salary. 17 RULE V FRINGE BENEFITS Fringe Benefit Plan - The City provides a cafeteria fringe benefit plan for regular full-time and regular part-time employees in the amount of 18.1 percent of the employee's regular salary. Child care employees receive 10% and 14%after five years(must work 30 hrs.) . This amount is put into an account so that it can be used as a cafeteria plan for health insurances--medical, dental, short- term disability, and a vision plan. Any money not used for fringe benefits is deposited in the employee's deferred compensation account and accrues interest until time of termination or retirement. The employee can also designate a portion of his salary be deferred to this account. Life Insurance - The City pays for life insurance for regular full-time employees plus coverage of dependents. Regular part-time employees and child care employees also receive life insurance after five continuous years of service. Short-Term Disability Insurance - Regular full-time and part-time Employees receive short-term disability insurance. The employee must work 20 hours per week and payment for this comes out of the employee's cafeteria fringe benefit plan. Short-term disability applies to a non-work-related illness or injury that prevents an employee from doing his regular or customary work. The weekly amount is based on 60% of salary with$500 per week being the highest one can be paid. Manned Health Network-The City provides for regular full-time regular part-time,and Child Care employees a Managed Health Network(MHN). This is a Mental Health Program designed to help employees and their families deal with the stresses of everyday life. The plan provides confidential, professional assistance in coping with problems on the job, at school, and in the home. Retirement Plan-The City provides retirement benefits for regular full-time,regular part-time and child care employees through the Public Employees'Retirement System(PERS). The City pays both the employee's and employer's contributions into the plan. Medical Insurance for Retirees The City will pay for medical insurance for retiring employees who have reached age 60 with a minimum of 15 years service. This benefit is paid up to age 65 and then Medicare is available. Longevity Pay - On the anniversary of ten years of service, longevity pay in the amount of$100 is paid in addition to the employee's normal monthly salary. Child Care Subsidy - City employees are allowed a 50% discount for their child care expense through their cafeteria benefit plan on a pretax basis. There is an annual$4,000 cap per employee for those employed after June 1, 1992. Those that take advantage of this benefit need to be aware 18 that any child care expenses utilized from the cafeteria benefit plan would not qualify for child care credits or deductions from a tax standpoint. Employees may also use deferred compensation to pay for child care through other State-licensed child care facilities. Employee Personal Computer Proms-A no-interest loan program is available for regular full-time and part-time employees after completion of six months'probation to take out a loan for the purchase of a personal computer. There is a$2,000 limit with a requirement of 10%down. The balance is to be paid back to City over a two-year period by payroll deduction. A packet describing the program and requirements may be obtained from the Finance Director. Birthday Bonus - Regular full-time, part-time and Child Care City employees receive a birthday bonus in the form of a letter from the City Council and City Manager which includes a check for $50. The employee must have completed six months with the City before receiving this bonus. i �." 19 RULE VI ADMINISTRATIVE LEAVE -ANNUAL VACATIONS - PERSONAL LEAVE Earned Vacation- Full-Time -Each regular full-time and regular part-time employee who is paid at a biweekly rate and has had continuous full-time active service throughout the year shall be credited with annual vacation with pay according to his number of years service as follows: Vacation Rate-General Service Employ-Each eligible employee shall be credited on a rate of 1/26th of: a. Eighty hours vacation during first, second, third, fourth, and fifth years of service; and b. One hundred and twenty hours during sixth through tenth years of service; and C. One hundred and sixty hours during eleventh and succeeding years of service. Posting of Earned Vacation- Earned vacation will be credited upon completion of the first six months of continuous full-time service and evepay every eriod thereafter.p Postings will be equal to one twenty-sixth of the applicable yearly earning rates as set forth above under Vacation Rate. Vacation Credit Accumulation-Employees may not accrue more than the equivalent of two full annual vacations. In the event an employee who has served continuously for at least twelve months does not take all of the vacation to which he is entitled in any year,he shall be allowed to accumulate the balance,to be taken in a subsequent year. Provided, further that no employees shall be granted in anyone year more vacation than the equivalent of two full annual vacations, except in the case of separation from the service as hereinafter provided. Further, each employee shall take a minimum of five consecutive work days off each fiscal year. Regular Part-Time Employees - Accrue vacation time according to the number of hours worked. Unused Vacation at Separation-At the time a regular full-time or regular part-time employee who has served continuously for at least six months is separated from the City service,whether voluntarily or involuntarily,he shall be granted all of the unused vacation to which he is entitled based upon his active service in prior years and,in addition,he shall be granted 20 vacation based upon the length of his active service during the year in which the separation occurs and computed on the basis set forth under"earned vacation" on page 20. A part-time employee who receives personal leave must have served continuously for six months in the City to be paid his accrued personal leave at time of separation. Holidays Occurring During Vacations - Paid holidays immediately preceding, immediately following,or wholly within the vacation period shall not be regarded as part of the annual vacation. Vacation Schedules Vacation schedules shall be arranged by the appointing authority with particular regard to the needs of the service,and so far as possible,with the wishes of the employee. Vacation time may commence any day of the week and vacation time shall consist of consecutive working days,exclusive of intervening paid holidays,with full pay for such time as the employees would have been paid if at work for the City for the same period of time. The appointing authority may, however, in his discretion, divide the employee's vacation time if the needs of the service so require or permit. Vacation Requests-No vacation shall be granted to, or taken by an employee without the consent of the appointing authority. Requests for annual vacation shall be submitted in advance and approved by the appointing authority. Administrative Leave - On July 1 of each year beginning with the July lit immediately following the first anniversary of employment of the City Manager,the City Manager shall receive ten days administrative leave in addition to all other leaves;this administrative leave must be used during the following fiscal year, or it will be lost. Personal Leave - part-time employees and non management day care personnel receive personal leave on an accrual basis, and this leave may be used for vacation or sick time. This time can be used as it is earned. The above-mentioned employees must have served six continuous months with the City to receive his accrued personal leave at time of separation. On-call and seasonal employees will not be able to accrue personal leave. __ ' 21 RULE VII HOLIDAYS Fixed Holidays The City observes the following fixed holidays: New Year's Day Veteran's Day Martin Luther King's Thanksgiving Day Birthday Day after Thanksgiving President's Day Day before Christmas Memorial Day Christmas Day Independence Day Day before New Year's Day Labor Day Holiday pay is granted to all employees regularly scheduled to work. Regular part-time employees regularly scheduled to work, whose hours vary from day-to-day or week-to-week, will be paid holiday pay at an average rate for the pay period which the holiday is within. Any exceptions would have to receive approval from the City Manager. Pay status shall pertain to vacation and sick leave,but not those on disability. Child Care employees will receive pay for holidays which they would normally be scheduled to work and the City is closed. The hours claimed are those which the employee would have been at work for the typical day. An example is, if a Child Care employee is scheduled to work on Mondays for four hours and it is a holiday,that employee can claim four hours. If an employee is not scheduled to work on the day a holiday would fall, he is not eligible for the holiday pay. FloatingH olidays-Employees are entitled to two floating holidays per calendar year. This benefit can be taken after six months of service within that calendar year and coordinated with his or her supervisor. Floating holidays must be used before terminating from City service or they will be lost. If an employee has not already taken his holidays,and leaves before June 30,that employee receives one floating holiday. If the employee leaves after July 1, the employee receives two floating holidays. Holidays-New and Terminating_Employees-In order to be eligible for a paid holiday,employees must be on pay status both the day before and the day after the holiday. Holidays Occurring_During Vacations - Paid holidays immediately preceding, immediately following,or wholly within the vacation period shall not be regarded as part of the annual vacation. 22 . Employee Required to Work on a Fixed Holiday-Whenever a nonexempt employee is required to work on a fixed holiday,the employee shall be paid overtime for time worked on holidays. �_, 23 RULE VIII LEAVES OF ABSENCE- SICK LEAVE,LEAVE WITHOUT PAY, MILITARY LEAVE, COMPULSORY LEAVE,MATERNITY LEAVE, JURY LEAVE,FUNERAL LEAVE, FAMILY/MEDICAL LEAVE Sick Leave-Sick leave with pay shall be granted to all probationary and regular full-time and regular part-time employees in accordance with this Rule. Sick leave shall not be considered as a right which an employee may use at his discretion, but shall be allowed only in case of necessity and actual personal sickness or disability. Abuse of the sick-leave privilege, as with all rules, will be grounds for disciplinary action. Compensation Procedure - In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior prior to time set for beginning his daily duties, or as may be specified by the head of his department. Physician's Certificate - When absence is for more than three work days, the employee is required to file a physician's certificate with the Personnel Officer stating the cause of the absence and the employee's ability to return to his duties. In cases of suspected abuse or chronic sick leave use,a physician's certificate shall be required regardless of the length of absence. �— Sick Leave Earning Rate - Each employee who is paid at a monthly rate shall earn sick leave at the rate of eight hours per month for each calendar month of full-time active service. All such sick leave which is unused may be accumulated. Regular part-time employees receive prorated sick leave based on hours worked. Worker's Compensation and Sick Leave - All City employees are covered under Worker's Compensation for accidents or illness incurred as a result of performance of assigned work duties. Injuries should be reported to,the Department Head as soon as possible. It will be the responsibility of the Department Head to ensure that Personnel is notified immediately in order to have the injured employee fill out an "Employee's Claim for Worker's Compensation Benefits"form within 24 hours. The City's Safety Officer is also to be notified so that he can investigate the accident and make out an "Employee's Statement of Accident." All compensation received in accordance with the provision of the Worker's Compensation Act of the State of California shall be deemed to be included in any compensation due from the City by virtue of any grant for sick leave with pay. Sell Back Benefit for Sick Leave -Any full-time regular employee who has taken 40 hours of sick leave or less during the calendar year, shall be entitled to sell back up to 40 hours of unused sick leave. However,in no case shall such sell back reduce 24 an employee's accumulated sick leave balance below 192 hours. Part-time employees that work 30 hours on June 1, 1998 and any part-time employees hired after that date that work 30 hours will be able to sell back part of their sick leave based on a percentage of 80 hours in the pay period and a percentage of 192 hours left on the books. No prorations shall be made for employees terminating on or before December 31 of the calendar year. If you meet this criteria,you must fill out a Sick Leave Sell Back Form that is to be approved by the City Manager. This form is available in the City Manager's office and must be filled out the first week of January. Unused Sick Leave at Time of Separation-Any employee who voluntarily separates from City service after a minimum of five years shall be compensated for 40%of all unused sick leave. Funeral Leave-Special leave with pay may be granted from sick leave in any twelve-month period to a regular or probationary employee in order to discharge the customary obligations arising from the death of a grandparent,parent,spouse,brother,sister,child,or relatives for whom the employee is responsible. The amount of leave taken must be approved by the appointing authority and supported by such facts as he may require. Leave of Absence Without Pay- The City Manager may grant a regular or probationary employee leave of absence without pay or accrual of seniority of benefits for a period not to exceed one year. No such leave shall be granted except upon written request of the employee setting for the reason - ` for the request, an approval shall be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty,the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration or within a reasonable time after notice to return to duty shall be cause for discharge. Military Leave-Military leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give the appointing authority an opportunity within the limits of military regulations to determine when such leave shall be taken. Compulsory Leave-If,in the opinion of the appointing authority, an employee is incapacitated for work on account of illness, such employee may be required to submit himself to a physician designated by the appointing authority for examination at the City's expense. If the employee objects to being examined by the designated physician,he may request one change of physician. If the report of the physician shows the employee to be in an unfit condition to perform his duties,the appointing authority shall have the right to compel such employee to take the sufficient leave of absence to fit himself for such work. Verification of such fitness shall be made by a physician designated by the City, and all expenses incurred in securing such verification shall be at the employee's expense. Accrued sick leave shall ` 25 be used for such absences or,when no such accrued leave exists or has been exhausted,an employee `, - may be granted leave without pay,the total of which shall not exceed one year. For good cause,an employee may request extensions of this time in increments of not more than one month. Maternity Leave - Employees who,become pregnant may continue regular employment status, subject to the ability to perform their required duties without being subject to medical restrictions. Any regular employee may apply in writing for sick leave or a leave of absence of up to four months of unpaid leave for maternity leave. Jury Leave and Compensation-Every regular and probationary employee of the City who is called or required to serve as a trial juror shall be entitled to absent himself from his duties with the City during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances,the employee shall be paid the difference between his full salary and any payment received by him, except travel pay, for such duty. Family/Medical Leave-An employee that has been employed with the City for,one year and served at least 1,250 hours during the previous 12-month period service is entitled to Family Leave with- out pay, for a period of up to 12 work weeks in a 12-month period. This can be for birth of a child of the employee,or the placement of a child with an employee in connection with an adoption of a child,or for the placement of a foster child with an employee,or in order to care for a child,parent or spouse of the employee who has a serious health condition, or for an employee's own serious —' health condition that does not allow employee to perform his or her duties. Family leave will not affect the employee's anniversary date or length of service with the City. Employees must provide as much advance notice as possible of the date the family care leave will begin and of the estimated duration of the leave. Employees,upon return to work,will be placed in the same or comparable position.. The City may require from the employee who is requesting leave to provide written certification from the health care provider of the individual requiring care. If leave is requested because of the employee's own serious health condition,the certification must include a statement that the employee is unable to perform the essential functions of his/her position. This employee will also, before returning to work,need to provide the City with certification that he is now able to perform his/her duties. The City may require that employees substitute accrued paid vacation or other accrued time off for family care leave. Sick leave can also be substituted, if mutually agreed upon. City paid group health care benefits for the employee will be continued by the City during the period of leave. The employee shall be responsible for payment of his/her dependents'coverage. The City shall recover the premiums for health insurance, should the employee not return from leave for a reason other than the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the control of the employee. 26 This leave can be taken back to back with maternity leave. An employee taking maternity leave for the maximum four months may take an additional three months for a total of seven months in conjunction with pregnancy and the birth of a child. r� . L=! 27 RULE IX SEPARATION FROM SERVICE/LAYOFFS Resignation a� - An employee may resign by submitting the proper notice in writing specifying the reasons therefor and the effective dates to his department head as far in advance as possible,but a minimum of two weeks'notice is considered proper. Failure to comply with this requirement may be cause for denying future employment with the City. Types of Separation-All separations of employees from positions in the classified service shall be designated as one of the following types: Resignation; Layoff; Death; Retirement; Dismissal. Any separation by an employee from the classified service not specifically designated as one of the above at the time of separation shall automatically be considered a resignation. Lai o - Whenever, in the judgment of the City Council, it becomes necessary, in the interests of economy or because the necessity for a particular position no longer exists,the City Council may abolish any position or employment in the classified employment. Whenever such reduction is made,the City shall observe the following: Should a classification be eliminated entirely, there are no bumping rights to other classifications. Should an employee be laid off that has seniority within a classification,bumping is allowed. In a layoff procedure, the Council shall keep seniority in mind as the layoff(s)are addressed. Bumping rights are recognized when there is more than one employee within the classification. Should an eliminated classification be reinstated within twelve months,the employee that had been laid off shall be offered reemployment prior to anyone else. Following is a list of classifications which includes bumping rights: � 28 Ci , Manager's Department —no bumping rights City Manager Executive Assistant Crossing Guard Community Services Department Assistant City Manager--no bumping rights Secretary--no bumping rights Code Enforcement Officer--no bumping rights Maintenance Crew Leader--no bumping rights Maintenance Workers (2) -- bumping rights Director of Child Care Services --no bumping rights School Age Coordinator--no bumping rights Assistant Director of Child Care Services --no bumping rights Lead Teachers --bumping rights Teachers --bumping rights Teacher's Assistants --bumping rights Bookkeeper--no bumping rights Cook--no bumping rights City Clerk's Department --no bumping rights City Clerk Deputy City Clerk Finance Department—no bumping rights Finance Director Finance Assistant Account Clerk Community &Economic Development/Planning Department—no bumping rights Director of Community&Economic/Development Associate Planner Planning Technician Secretary 29 Buildin /sty &Public Works/Housing_—no bumping rights Director of Building/Safety&Public Works/Housing Management Analyst Sr. Building/Safety Inspector Building/Safety Inspector Building/Safety Technician 30 RULE X DISCIPLINARY PROCEDURES Oral Warning - An oral warning shall be given for minor misconduct. The warning should be immediate, calm, and constructive. Oral warnings should include the performance the employee is to take in the future and consequences for failure to correct the problem for which the employee is being warned. Written Warning -In the event that an employee should need more than an oral warning regarding his j ob performance,attendance,or for other reasons,fair warning can be given by filing an Employee Warning/Incident Report. This report is placed in the employee's personnel file and a copy given to the employee with a complete statement regarding reason for such warning. A third warning given for the same reason constitutes cause for dismissal. Disciplinary Suspension- Disciplinary suspensions can be given for minor or serious disciplinary reasons. Suspensions without pay shall not exceed thirty calendar days, nor shall any employee be penalized by suspension for more than thirty calendar days in any fiscal year. Intended suspension action shall be reported immediately to the City Manager(Personnel Officer). Suspensions shall be in written form and given to the employee. Such notice shall include a statement of the reason(s)for the proposed action and the charge(s)being considered. Suspensions can be done with pay when an inquiry or investigation is needed for the alleged misconduct. The department head or other authorized person shall follow the"Skelly"process in cases where the disciplinary action involves employee property rights such as loss of pay, suspension without pay, demotion or termination. This policy is as follows: 1. A written notice of the proposed disciplinary action shall be delivered to the employee. 2. The reason(s)for the proposed disciplinary action will be given to the employee. 3. The employee shall be given a copy of, or be provided access to written materials,reports and documents,if any,upon which the action is based. 4. The employee shall have the right within the specified time to respond either orally, in writing or both orally and in writing,to the authority initially imposing the discipline. ��-' 31 Employee Review/Grievance Procedure-The employee shall be given an opportunity to review the material upon which the proposed disciplinary action is based,and respond to the department head, orally or in writing, concerning the proposed action within the period of time stated. An attempt needs to be made on the part of the employee to resolve the issue with his/her immediate supervisor. If the issue is not resolved with the immediate supervisor, the issue can be taken to the Personnel Officer(City Manager)within five working days. Failure to respond within the times specified in this procedure may result in the employee's waiver of his or her right to appeal. If mutually agreed upon,the specified time period may be extended. The City Manager will provide a written response to the employee and supervisor within ten working days after a review of the issue is completed. Should this not be satisfactory to the employee,an appeal may be taken to the City Council. Informal discussions and oral warnings are not appealable. The Appeal Procedure is outlined in RULE M. r- 32 RULE XI APPEAL TO CITY COUNCIL Right of Appeal -Any employee in the classified service shall have the right to appeal to the City Council any disciplinary action, interpretation, or alleged violation of the Personnel Ordinance or these Rules except in instances where the right of appeal is specifically prohibited by the Personnel Ordinance or these Rules. Such appeal shall be filed within ten calendar days from the date the employee was notified of the appealed action. Method of Appeal-Appeals shall be in writing, subscribed by the appellant,and filed with the City Manager(Personnel Officer),who shall,within ten days after receipt of the appeal, inform the City Council,the appointing powers, and such other persons or officers named or affected by the appeal or the filing of the appeal. The appeal shall be a written statement addressed to the City Council explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant, with his reasons therefor. The formality of a legal pleading is not required. Notice -Upon filing of an appeal,the Personnel Officer shall set a date for a hearing on the appeal not less than ten days,nor more than thirty days from the date of filing. The Personnel Officer shall notify all interested parties of the date, time, and place of the hearing, at such place as the City Council shall prescribe. Investigation-Upon filing of an appeal,the City Council may make such independent investigation of the matter as it may deem necessary. The result of such investigation shall be made a part of the record of the proceedings, and the appellant shall have the right to have a reasonable time within which to answer or to present evidence in opposition to the findings of this independent investigation. Hearing - The appellant shall appear personally, unless physically unable to do so, before the City Council at the time and place of the hearings. He may be represented by any person or attorney as he may select and may,at the hearing,produce on his behalf relevant oral or documentary evidence. Appellant shall state his case first and, at the conclusion, opposition matter may then be presented. Rebuttal matter not repetitive may be allowed in the discretion of the City Council. Cross examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the City Council,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 either party requests in writing an open hearing. Pursuant to Resolution Nos. CC-82-39 and CRA 82-06,making applicable the provisions of Section 1094.6 of the Code of Civil Procedures providing for judicial review of administrative decisions,time for filing court action after a hearing on a personnel matter shall be limited to 90 days. � 33 _ Findings and Recommendation-The City Council shall,normally within ten days after the conclusion of the hearing,certify its findings and decision to the appellant. The City Council may affirm,revoke, or modify the action taken as in its judgment seems warranted, and the action taken shall be final. Majority Vote Necessary for Action-Action under this rule shall require a majority vote of the City Council. r� 34 RULE XII { PROBATIONARY PERIOD Objective of Probationary Period-An appointment shall not be regular until after the expiration of a probationary period. The probationary period shall be regarded as a part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective . adjustment of a new employee to his position,and for dismissing any probationary employee whose performance or personal qualifications do not meet the required standards of work. Regularppointment Following Probationary Period-All original appointments shall be tentative and subj ect to a probationary period of one year,and promotional appointments shall be tentative and subject to a probationary period of six months. Appointment to regular status from probationary status of any employee shall require the written approval of the City Manager,prior to the employee attaining such regular status. Dismissal of Probationer-During the probationary period,an employee may be dismissed at any time by the appointing authority without cause and without the right of appeal. �` 35 RULE XIII PERSONNEL FILES Employee Personnel File - The Personnel Officer shall maintain a file containing a record on each employee in the service of the City showing the name,title of position held,the department to which assigned, salary, changes in employment status, and such other job-related information as may be considered pertinent. Employees may request to have documents, placed in his/her respective personnel files that commends his or her job performance with the City or demonstrates educational attainment. Approval is to be obtained from the City Manager before such documents are placed in the employee's file. California law requires that employees be allowed access to their personnel files. In addition, employees must be given copies of any document that they are required to sign such as disciplinary documents or warning notices,and to be notified of other items pertaining to work that are placed in the employee's file. Inspection of the files may be done by the employee on paid time. Terminated employees also have the right to inspect their files. Personnel Action Form -Every appointment,transfer,promotion, demotion, change of salary rate, -- ` and any other temporary or regular change in status of employees shall be reported on a Personnel Action Form. 36 XIV TRAVEL POLICY Authorized Travel-All travel outside San Bernardino,Riverside,Imperial,Los Angeles,Orange,and San Diego Counties must be approved by the City Council. The department heads receive $200 per month for car allowance with the exception of the Director of Building/Safety and Public Works who receives $250 due to the amount of driving required for this position. Reimbursement of mileage applies only to the areas outside of San Bernardino, Riverside, Imperial,Los Angeles, Orange and San Diego Counties. The City Manager is authorized to approve necessary trips within San Bernardino, Riverside, Imperial,Los Angeles, Orange, and San Diego Counties by private vehicle consistent with mileage allowance. Requests for such travel shall be submitted to the City Manager on a "Travel Authority &Expense Report"form. The Finance Department shall maintain for one year a record of where and when official travel was performed. Authorization for attendance at meetings will be considered in accordance with the following guidelines: a. Authorization for attendance of meetings at City expense. Authorization may be granted when the program material is directly related to business and may benefit the City as a result of attendance. b. Authorization for attendance without expense reimbursement or with limited expense reimbursement, but on City time, may be granted when the officer or employee is engaged on the City's behalf,but from which the gain will ensure principally to the benefits of the one in attendance and only,incidentally,to the City. In such uses,the amount of expense reimbursement will be determined on an individual basis. Those authorized to attend such meetings shall furnish reports of such activity to the City Manager on such meetings. Expense reimbursement claims may be submitted any time after the expense has been incurred. a. Request for reimbursement for all travel expenses shall be substantiated by receipts and vouchers which verify the claimed expenditures. b. Reimbursement shall be made for personal expenses such as entertainment, tips, etc., when such expenses are related to City business and may benefit the City. 37 C. A recap of any advanced monies should be turned into the Finance ( Department within seven days of the return trip,accompanied with all necessary receipts. The lower half of the Travel Request Form is used for expense reporting. Transportation Modes-The mode of transportation selected shall represent the lowest expense to the City. Travel via Automobile: a. Reimbursement for City use of privately-owned vehicles will be at the current mileage rate set by the Internal Revenue Service. b. When an employee,traveling on official City business,leaves directly from his/her residence rather than from a designated work location, mileage allowed to the first work contact point shall be equal to the actual mileage from the residence or the mileage computed from the residence or the mileage computed from the designated work location, whichever is less. Similarly,if the office or employee departs from the last point of contact directly to his/her residence, only such mileage shall be allowed as the lesser distance between it and the designated work location. When an officer or employee of the City is required to use a privately owned automobile on Citybusiness outside of working hours mileage g � g shall be allowed from the residence to the first point of contact in the performance of duties, and from the last point of contact in the performance of duties to residence. C. Private vehicles may be used in lieu of public carriers in such circumstances as isolation of the destination or the number of travelers in a group resulting in savings to the City. The maximum reimbursement of a private vehicle is the cost of actual mileage or the cost of a round-trip air coach ticket, whichever is less. d. The City does not have any insurance for private automobiles used on City business. The owner of a car is responsible for the personal liability and property damage insurance when the vehicle is used on City business. i 38 Travel via Air: a. When commercial aircraft transportation is approved, the "cost of a public carrier" shall mean the cost of air coach. b. No private or charter aircraft transportation will be permitted. Reimbursement-Reimbursement for lodging or meals shall be made at actual cost. a. Reimbursement for lodging or meals shall not be allowed without prior approval of the City Manager and only as deemed necessary for the purpose of conducting City business, or under emergency or special conditions. b. Reimbursement for lodging shall be at rates reasonable and customary as to the area. Reimbursement for means shall be at rates reasonable and customary to the area. C. Within the County of San Bernardino, actual meal expenditures may be reimbursed when attending breakfast,luncheon,or dinner meetings at the direction of and with approval of the City Manager. d. Reimbursement shall be made for one personal telephone call of reasonable duration per day. . Travel Expense Advances - Advances of funds for traveling expenses can be obtained from the Finance Office through submission of a"Travel Authority&Expense Report" form. a � 39 i RULE XV CITY IDENTIFICATION CARDS Regular Employee - All regular and part-time employees, with the exception of Child Care Employees,will be issued identification cards. Child Care issues an ID card that is worn during the day so that the parents and children will become acquainted with them by name. Replacement or Reissue -ID cards will be reissued as follows: Lost or Stolen ID cards will be reissued upon receipt of a signed affidavit stating as lost or stolen. Damaged ID cards must be surrendered prior to replacement. Change of Title - ID cards will be reissued when there is a change of title (The replaced ID card must be turned into Personnel). Termination of Employment or Service - It is the responsibility of department heads to ensure the return of ID cards, keys, and any other City-issued items to the Personnel Department prior to the issuance of final checks. 40 XVI t ISSUANCE OF KEYS TO CITY FACILITIES Objective-The purpose of this policy is to ensure the orderly and systematic distribution of keys to City facilities. Authority for Issuance-Keys will be issued to City facilities only when a definite need exists upon recommendation of the department head and with approval of the City Manager and coordinated with the City Clerk. Responsibility - The City Clerk's office shall be responsible for numbering, issuing, duplicating, keeping an updated record, and maintaining master and extra keys. Procedure Approval - Keys are to be requested by the department head for approval from the City Manager. Assignment-All personnel assigned keys will sign an acknowledgment of receipt. Transfer of Kos - No keys will be transferred without coordination with the department head and the City Manager of the transfer. Duplication- Duplication of keys must be done in coordination with the City Clerk's office. Any unauthorized duplication of keys will be in violation of the Rules and Regulations to Administer Personnel Matters. Temporary Issuance -Temporary keys will be issued on a sign-out basis. Lost or Stolen Kevs-It is the assignee's responsibility to immediately report any loss of City keys to the City Clerk or the department head,who will immediately advise the City Manager. It is the responsibility of the department head to ensure the return of all keys,ID cards,and any other City-issued items to personnel prior to the issuance of final checks. 41