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1988-05 RESOLUTION NO. 88-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLU- TION NOS. 82-16 , 82-32 , 82-39 , 82-49 , 83-38 AND 85-23 , AND AMENDING THE RULES AND REGU- LATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS PURSUANT TO 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 there- to shall be adopted by Council Resolution; and WHEREAS, the Rules and Regulations have been updated to incoporate the City' s Travel Policy, Fringe Benefits , Service Awards ; and WHEREAS, the Rules and Regulations have .been updated to include minor changes and additions for clarification: 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 Rescission - That Resolution Nos . 82-16 , 82-32 , 82-392 82-492 83-38 and 85-23 are hereby rescinded in their entirety. Section 2 . That said City Council hereby approves the amended Rules and Regulations for the Administration of Personnel Matters incorporated herein as Exhibit "A. " ADOPTED this 9th day of June , 1988 . ATTEST: De City C rk of the City of Ma r of he City of Grand -_ G.. d _Terrace and of the City T race and of the City Co-uncil thereof. Council thereof. RESOLUTION 88-05 PAGE 2 I , JUANITA BROWN, Deputy City Clerk of the City of Grand Terrace , do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 9th day of June , 1988 , by the following vote : AYES : Pfennighausen, Grant , Shirley ; Mayor Matteson NOES : None ABSENT: Evans ABSTAIN: None Approved as toform- City Attorney D901ffy City Cle EXHIBIT "A" Resolution No. 88- C I T Y O F G R A N D T E R R A C E RULES AND REGULATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS RULE NO. SUBJECT PAGE I DEFINITIONS 1-4 II GENERAL PROVISIONS 5-7 III CLASSIFICATION 8 IV COMPENSATION 9-11 V FRINGE BENEFITS - RETIREMENq, 12 VI ADMINISTRATIVE LEAVE - ANNUAL VACATIONS 13-14 VII HOLIDAYS & COMPENSATORY TIME 15 PERSONAL LEAVE VIII LEAVES OF ABSENCE , SICK LEAVE, LEAVE WITHOUT PAY, MILITARY LEAVE, COMPULSORY LEAVE, MATERNITY LEAVE , JURY LEAVE, FUNERAL LEAVE 16-18 IX SEPARATION FROM THE SERVICE 19 X APPEAL TO CITY COUNCIL 20-21 XI PROBATIONARY PERIOD 22 XII ` REPORTS AND RECORDS - SERVICE AWARDS 23 XIII TRAVEL POLICY 24-26 XIV EDUCATION INCENTIVE POLICY 27-29 u XV CITY IDENTIFICATION CARDS 30 XVI ISSUANCE OF KEYS TO CITY FACILITIES 31 INDEX SUBJECT PAGE REFERENCE Administrative Leave 13 Advancements ( Also see "Promotion" ) 9-10 Appeal 20-21 Appointing Authority 1 Citizenship ( Proof of ) 5 Appointments 9 Classification Plan 8 Compensation 9-11 Compensatory Time 11 Compulsory Leave 17-18 Definitions 1-4 Departmental Rules 5 Dismissal ( See "Separation" ) 19 Education Incentive 27-29 Efficiency Records 6 Exceptional Service 10 Fringe Benefits 12 Funeral Leave 17 General Provisions 5-7 Grand Jury Testimony 7 Holidays 15 Hours of Work 7 Identification Cards 30 Jury Leave 18 Keys to City Facilities 31 Leaves of Absence without Pay 17 Leaves of. Absence 17 Maternity Leave 18 Military. Leave 17 Nepotism 7 Nondicrimination Policy 5 New Position 8 Overtime 11 Pay Increases 11 Personnel Information 5-7 Physical Examinations 6-7 Physician ' s Certificate 16 Probationary Period 22 Promotion 10 Reclassification 8 Records/Reports 23 Regular Appointment 22 Reinstatement 9 Relations , Emergency Sick Leave 16 Retirement Plan Salary 9-1 12 Separation/Termination 19 SUBJECT PAGE REFERENCE Service Awards 23 Sick Leave 16-17 Standards of Performance 6 Transfer 11 Travel Policy 24-26 Unsatisfactory Service Rating 5 Vacation 13-14 Violation of Rules Wages 5 9-1 Workmen ' s Compensation 16 "Y" Rated Salary 10 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 Workmen ' 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 for a vacant position. 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. employments in the Grand Terrace City service , except those expressly designated as unclassified in City ordinances . -1.- 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 . Continuous Service - shall mean City service uninterrupted by separation. Deferred Compensation - shall mean 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 the City government, which latter officer shall be known as the department head . Eligible List - shall mean the ranking of eligibles for a vacancy in .order of over-all qualifications . Employee - shall mean a. person who 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 time 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 eligible list. Intermittent Service - shall mean City service interrupted by separation. _ 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 pr—v ded 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 . 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. Overtime Rate - shall be one and one-half times the hourly pay rate. Pay Range - Ranges start at minimum , with a mid-point and maximum pay rate;. raises are normally. in five percent increments , but can be less or more depending on the employee ' s performance . Part Time Employee - shall mean an employee working part-time that receives personal leave and holidays only as benefits . Pay Rate - shall mean a specific dollar amount expressed as either an annual rate , a monthly rate , a semi-monthly rate , a bi- weekly rate , or an hourly rate . Personal Leave - shall mean leave for illness or vacation for part-time employees . 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 -six months of probationary service . ' 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 Status - shall mean the satisfactory completion of six months probationary service and continuing regular appointment . Regular Part-Time Employee - An employee that works part-time and receives all benefits on an accrual basis . Rejection - shall mean giving no consideration. Relative, First & Second Degree - shall include wife , husband , mother, father, son; daughter , grandmother, grandfather , granddaughter, grandson, son-in-law, daughter-in-law or person f or 'whom the employee is responsible . -3- Seasonal Employee - shall mean an employee hired for a short term due to seasonal employment . An example would be a lifeguard , pool manager and pool cashier. 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 . Time Worked - shall include actual time worked , holidays with Pay; leaves of absence with pay, and leaves of absence without pay not to exceed one year for which Workmen ' s Compensation is paid. 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 . 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 of political affiliation, race , color, ancestry, national origin, sex ,. age, religious belief , or handicapped status in admission to , or treatment or employment in, its programs and activities . Proof of Citizenship - The Immigration and Control Act of 1986 requires that t e 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 these 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 . Efficiency Records - 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 and individual efficiency of each employee in the classified service of the City. Such reports shall cover the following periods : three month and six-month review for probationary employees and annually for regular employees . 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 lay-off and reinstatement and for consideration in recommendations related to transfer, promotion, demotion, and dismissal . Any employee may, upon request, ascertain his own service rating. Physical Examinations - The City shall require that all initial , regular employees be in such physical or mental conditon to perform the duties of their jobs and shall require an initial medical evaluation 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 job adequately or without hazard to himself or others . Within the limitations indicated , -6- 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 . Employee Responsibilty 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 . Grand Jury Testimony - The refusal of any employee to testify under oath bef ore 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 within the second degree of any elected official , the appointing authority, or any board , committee ; or commission receiving regular remuneration from the City; or shall any person be appointed to any position in the classified service in a department which has in its employ a person who is a relative by blood or marriage within the second degree. Hours of Work - Except as otherwise provided for, the normal work week shall be 40 hours . The City Manager may establish work schedules consistent with the normal business practices within the community and the needs of the City. -7- 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 charged 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 . -8- 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 shali 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 his six-month probation, 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 . - 9- 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 increase 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 fora 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 - "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 57o 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 salary review upon completion of probation. This date will become the new annual evaluation date . -10- Pay Increases Other than Advancement and Promotion - The pro- provision governing the granting of pay increases specified on page :O: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 pay 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 work week, shall be paid overtime. A current record shall be kept at each instance of authorized overtime work stating the reasons therefor and by whom authorized; and also that 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 half-hour. Compensatory Time Off - Exempt employees shall be allowed to accrue compensatory time in lieu of overtime pay. Said compensatory time shall be accrued as hours worked in excess of 40 hours per week or eight hours per day. 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. Temporary Salary Increase - The City Manager may, at his discretion, grant an employee a temporary advancement of not more than ten percent 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 . -11- RULE V FRINGE BENEFITS - RETIREMENT i Fringe Benefits (Cafeteria Plan) For eligible employees the City provides payment for health insurance. Also provided for eligible employees is payment for life insurance for the employee ( $15 , 000 ) and spouse ( $3 , 000 ) . 18. 1 percent of each eligible employee ' s salary is put into an . account whereby you can use the fund for additional benefits such as a dental plan for employee and family, and health insurance for family. An eligible employee is defined as a full-time or regular part-time employee . Any money not used for insurance 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. The complete plan is available to employees should they want further information. Retirement Plan The City pays 12 . 4 percent on the salary of each eligible employee which goes into a retirement account . Again, eligibility is determined as a full-time employee or regular part-time employee. An employee is fully vested ( 100%) at ten years of employment . Should an employee leave after the first year he would be entitled to 45% of his retirement; .55% after the second. year; 65% after his third and then in 5% increments for , each year until the tenth year. The complete plan is available to employees should they want further information. -12- RULE VI ADMINISTRATIVE LEAVE - ANNUAL VACATIONS PERSONAL LEAVE Earned Vacation. - Full-Time - Each employee who is paid at a bi- weekly 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 Employees - Each eligible employee shall be credited on a rate of 1/26th of : a . Ten working days vacation during his first , second, third, fourth , and fifth years of service ; and b. Fifteen working days during his sixth through tenth years of service; and C. Twenty working days vacation during his eleventh and succeeding years of service. Posting of Earned Vacation - Earned vacation will be cre .ite upon comp etion of the first six months of continuous full-time service and every pay period thereafter. Postings will be equal to one twenty-sixth the applicable yearly earning rates as set forth above under Vacation Rate . Vacation Credit Accumulation - 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 employee shall be granted in any one year more vacation than the equivalent of two full annual vacations ; except in the case of separation from th-e 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 numbers of hours worked. Maximum Vacation Accumulation - Unused vacation accumulated by an employee shall not exceed the total of two annual vacations to which , according to his total years of service ; he is entitled . -13- Preceding Anniversary Date Excess Vacation to be Taken - Prior to June 30 of each year, each employee shall be granted that part of his annual vacation which could not be accumulated and carried over to a subsequent year. Unused Vacation at Separation - At the time an 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 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 13. 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 scedules 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 ' Leaves - On July 1 of each year beginning with the July 1 immediately following the first anniversary of employment of the City Manager, the City Manager shall receive ten ( 10 ) 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 receive personal leave on an accrual basis , and this leave may be used for vacation or sick time . -14- RULE VII HOLIDAYS & COMPENSATORY TIME Fixed Holidays All employees shall be entitled to the following fixed holidays : New Year ' s Day Thanksgiving Day President ' s Day Day after Thanksgiving Memorial Day Day before Christmas Independence Day Christmas Day Labor Day Day before New Year ' s Day Veteran ' s Day Floating Holidays - Employees appointed to regular positions upon completion of the six-month probation period shall be entitled to two floating holidays per calendar year; to be taken within that calendar year and coordinated with his or her Supervisor. 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. Employee Required to Work on a Fixed Holiday - Whenever a non- exempt employee is required to work on a fixed holiday, the employee .shall be paid overtime for time worked on holidays . -15- RULE VIII LEAVES OF ABSENCE - SICK LEAVE , LEAVE WITHOUT PAY, MILITARY LEAVE , COMPULSORY LEAVE, MATERNITY LEAVE , JURY LEAVE , FUNERAL LEAVE . Sick -Leave - Sick leave with pay shall -be granted to all , probationary and regular 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 rul:es ,. will be grounds for disciplinary action . Compensation Procedure - In order to receive compensation w Fie absent on sick leaved 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. Emergency Sick Leave - No more than three days sick leave in any twelve-month period may be taken in case -an employee ' s presence is required to care for parents or. relatives who are members of his household due to an emergency because of serious sickness or disability. In each such case , the appointing power shall grant such sick leave only when, in his opinion, the condition of the sick or disabled person and the relationship of the sick or disabled person to the employee warrants such use of sick leave. Sick' Leave Earning Rate -. Each employee who is paid at a monthly rate shall earn sick leave at the rate of one work day for each calendar month of full-time active service. All such sick leave which is unused may be accumulated . Regular part-time employees receive pro- rated sick leave based on hours worked . Workmen ' s Compensation and Sick Leave - All compensation received in accordance with the provision of the Workmen ' s Compensation Act of the State of California -16- shall be deemed to be included in any compensation due from the City by virtue of any grant for sick leave with pay. Sick Leave Conversion Privilege - Any employee who has taken five days sick leave or less during the fiscal year ending June 30 of each year shall be entitled to convert up to three days of unused sick leave to vacation leave; however, in no case shall such conversion reduce an employee ' s accumulated sick leave balance below 24 days . No prorations shall be made for employees terminating on or before June 30 of the fiscal year . 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 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 forth the reason for_ the request, and 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._ limi.ts 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 -17- 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 — design by the City, and all expenses incurred in securing such verification shall be at the employee ' s expense . Accrued sick leave shall 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 - Female employees who become pregnant may continue regular employment status , subject to the ability to perform their required work. 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. -18- RULE IX SEPARATION FROM THE SERVICE RESIGNATION - An employee may resign by submitting the proper notice in writing specifying the reasons therefor and the effective date '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 foil-owing types : Resignation; Lay-off ; Death-; Retirement; Dismissal . Any separation. by an employee from the classified service not specifically designated as one of the above at the tiro e of separation shall automatically be considered a resignation. -1 9- RULE X 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 ( 10 ) 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 , who shall , within ten ( 10 ) . days after receipt of the appeal , inform the City Council , the appointing power, 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 ( 10 ) days ;. nor more than thirty ( 30 ) days from the date of filing. The.' Per'sonnel Officer shall notify all interested parties of the date; time; and place of the hearing , at such places as the City Council shall prescribe . Investigation -. Upon the 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 phys tally 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 -20- 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 C ode 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 . Findings and Recommendation - The City Council shall , normally within ten 10 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 . -21- RULE XI 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. Regular Appointment Following Probationary Period - All original and promotional appointments shall be tentative and subject to a probationary period of six full calendar 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 ismissed at any time by the appointing authority without cause and without the right of. appeal . 4 -2 2- RULE XII REPORTS AND RECORDS - SERVICE AWARDS Employee Master Record - 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 . Change-of-Status Report - Every appointment, transfer , promotion, demotion; change of salary rate , and any other temporary or regular change in status of employees shall be reported to the _Personnel Officer in such manner as he may prescribe. Employee , Service Awards On the anniversary of five years of service , employees receive a service pin with City logo , one diamond and two sapphires , On '.'the ten-year anniversary a choice of various pieces of jewelry with City logo , two diamonds and one sapphire is given. At fifteen years a choice of various pieces of jewelry with City logo and three diamonds is given. At twenty years a choice of higher quality jewelry with City logo and three diamonds is given, -23- RULE XIII 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 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 allow- ance . Requests for such travel shall be submitted to the City Manager on a "Travel Request" form . The Finance Department shall maintain for one ( 1 ) 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 at 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 insure 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. Transportation Modes - The mode of transportation selected shall represent the lowest expense to the City. -24- Travel via Automobile : a. Reimbursement for City use of privately owned vehicles will be at the rate of twenty-five ,cents ( . 25 ) per mile . 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 designated work location, whichever is less . Similarly, if the officer 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 City business outside of working hours , mileage 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 around trip air coach ticket. 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 . Travel via Air: a. When commercial aircraft transportation is approved ; the "cost of public carrier" shall mean the cost of air coach . b. No private or charter aircraft transportation will be permitted . -25- Reimbursement - Reimbursement for lodging and 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 meals shall be at rates reasonable and customary to the area with a maximum expenditure of $10 . 00" for breakfast, $15. . 00 for lunch and $20 . 00 for dinner to the total maximum expenditure being $45 . 00 a day. C. Within the County of San Bernardino , actual meal expenditures may be reimbursed when attending breakfast luncheon, or dinner meetings at direction of and with approval of the City Manager. d. Reimbursement shall be made for one ( 1) personal telephone call of reasonable duration per day. Travel Expense Advances - Advances of funds for traveling expenses can e o ained f rom the Finance Office through submission of a "Travel Request" form . -26- RULE XIV EDUCATION INCENTIVE POLICY Introduction The City Manager and department heads share joint responsibility for employee training . However, any regular full- time City employee desiring to attend classes , with the purpose of improving job skills related to City work, is encouraged to do so. With this policy, which is to be administered by the City Manager, the City clearly defines its position concerning educational opportunities and benefits for City employees . Prior Approval Cost of tuition and books will be paid for by the City of Grand Terrace, given the following provisions : Approval from City Manager - All. courses for which tuition reimbursement is requested of the City must receive prior approval from the City Manager . If no . prior approval is received , the employee is not eligible for reimbursement . Request for Approval of Courses must be made on "Prior Approval for Tuition Reimbursement" form , available from department heads or the City Manager. Upon Completion of Course ( s ) , employee must submit to the City Manager . a "Request for Tuition Reimbursement" form , with required receipts and . grade slips . Criteria for Approval - In reviewing courses . requested by employee for tuition reimbursement, the City Manager, in consultation with the employee ' s department head ( or immediate supervisor) ; shall use the following criteria in determining if course( s ) . is/are suitable for reimbursement from the City: : Relatedness to City Work - Course( s ) must be directly related to employee ' s present and future career goals within the public sector. Availability , ofFunds - Approval of course( s ) must be based on availability of funds . A yearly fixed budget for this purpose shall be maintained , the amount of which shall be determined by_ Council at the beginning of each fiscal year. Alternate Funding Sources - The employee must have exhausted all other sources of financial aid , government grants , scholarships , etc. before requesting reimbursement for tuition. Under no circumstances will the City forward reimbursement money if the possibility .of duplicate funding exists . -27- Applicability to Graduate Study - Courses of study shall be pursued. at community or State supported schools , such as : a . High schools and trade/vocational schools ; b. Community colleges ; C . State colleges ; and d. State universities . Applicability to Graduate Study - This policy is not applicable to courses leading to beyond a Master ' s Degree. Employee Commitment - All tuition costs must be advanced by the employee upon enrollment. Reimbursement will be made by the City upon completion of the course ( s ) provided : Prior Employment - Employee must be employed full time by the City of Grand Terrace for at least six months prior to the date "Prior Approval for Tuition Reimbursement" form is- submitted . Passing. Grade - In addition to providing receipts for all courses taken, employee must present evidence of passing grade , defined as either : a. Credit or pass , if course is offered on basis of Credit/No Credit or Pass/Fail , respectively with passing defined as "C" or better, or; b. . A letter or numerical grade equal to or better than a ' B ' or 3, 0 , respectively, if graduate level course . Books - This policy shall also include the following provisions : Possession of Books - If reimbursement for books is requested , the employee must present all receipts ; furthermore ; textbooks purchased for the course at City cost are to be placed in the City library upon completion, of. course. . " However, if employee fails to qualify for tuition. reimbursement at the end of a given course; the employee shall not be eligible for reimbursement for the cost of books . Food, Lodgings and Mileage - This policy applies only to reimbursement for tuition and books ; it does not include provisions for food , lodging , or mileage reimbursement related to educational endeavors specified herein. -28- Administration of Policy - The City Manager has the responsibility of interpreting and administering the provisions set forth - in this policy by the staff and approved by the City .-Council . Given the employee ' s position within the City, the .: courses specified at time of request , availability of funds , and all other provisions of this policy, the City Manager may approve or reject employee ' s request for tuition reimbursement. N -2 9- RULE XV CITY IDENTIFICATION CARDS Regular Employees - All regular and part-time employees will be issued identification ( ID) cards which will be reissued annually ,with the expiration date of December 31 of each year. Temporary Employees - ID cards will be issued only with . . authorization of the City Manager and for those temporary ...employees working directly with the public. The expiration date . ..will be the term of estimated employment. These cards are to be ,turned in at expiration of the temporary assignment. 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 the card was 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 in to. 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 . 30- RULE XVI ISSUANCE OF KEYS TO CITY FACILITIES Objective - The purpose of this policy is to ensure the orderly and systematic distribution Of keys to City facilties . , .,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. - Responsibility . = The City Manager ' 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 Keys - No keys will be transferred without coordination with the department head and the City Manager ' s Office , who will advise the City Manager of the transfer., ' Duplication Duplication of keys must be done in coordination ',:'wi,th the, City Manager ' 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 Lost or Stolen Keys - It is the assignee ' s responsibility to imme iaaely report any loss of City keys" to the City Manager or .the department head ,% who will . immediately advise the City Manager, It` i's. -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 . r P -31- s