CC Resolution No. 8416
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RESOilJI'ION NO. 8416
A RESOilJI'ION' OF THE CIT'i aJUNCIL OF THE CITY OF ctJk'J:;I<J:.J.NO
AMENDll¡G THE RUI.FS ON <XiNDITIONS OF EMPIDYMENT
WHEREAS, the Rules on eon::litions of Errployment need to be
modified in order to =nfonn with the Memoranda of Understanding
between City of CUpertino arx:l the Miscellaneous Errployees Unit
arx:l Public Works Unit;
NOO, THEREFORE, BE IT RESOLVED that the Rules on Conditions
of Employment be amended as shown in Attachment "A" which is
in=rporated in this resolution by reference.
PASSED AND AOOPrED at a regular meeting of the City Council
of the City of CUpertino this lst day of Julv , 1991 by
the following vote:
Vote Members of the city Council
AYES:
Goldman, Rogers, Sorensen, Szabo, Koppel
NOES:
None
ABSENT:
None
Aß:>'TAlli:
None
APPROVED:
/s/ Barb Koppel
Mayor, city of cupertino
ATrEST:
/s/ Dorothy Cornelius
City Clerk
RUlES ON CDNDITIONS OF EMPLOYMENT
I N D E X
Cateaorv Section Subiect Paqe
GENERAL ArMINISTRATION 1.0 Purpose 1
1.l Policy 1
1.2 Administration 1
1.3 Interpretation 2
1.4 Coverage 2
1.5 Repeal of Existing Rules 2
1.6 Amendments to Rules 2
1.7 Effective Date 2
REŒUI'IMENI' AND 2.0 Techniques of Recruitment J
RETENTION 2.1 Examinations J
2.2 Eligible Lists
2.3 Selection of Employees ~
2.4 Appointment Approval S
AProIN'IMENI'S AND 3.0 Appointments S
EMPIDYEE STA'IUS 3.l Certified Status S
3.2 Probationary Status 6
3.3 Provisional Status 6
3.4 Temporary status 6
3.5 Exempt Status 6
INI'ER-fœITION TRANSFERS 4.0 Prom:!tions 6
OF EMPIDYEFS 4.1 Transfers "7
4.2 Voluntary Reductions 7
4.3 Demotions 8
DISCIPLINARY AcrIONS 5.0 Substance Abuse Policy 8
5.1 Warning Notices 9
5.2 Suspensions 9
5.3 Dismissal lO
5.4 Discharges lO
5.5 D..ieProcess 11
APPEAlS AND HEARINGS 6.0 Fonn of Appeal 11
6.1 Filing of Appeal 11
6.2 Repl:.sentation 11
6.3 Who May Appeal l2
6.4 Hearings on Appeals l2
GRIEVANCE PR:X:EI:URE 7.0 Definition and Procedure l2
Limitations on Authority
of Advisory Arbitrator l5
Cat€Qorv section SUbi ect Paqe
ATI'ENDANCE AND IEAVFS 8.0 Hours of Work l5
OF ABSENCE 8.l Holidays 16
8.1.6 Holiday Pay l8
8.2 Vacations l8
8.3 sick Leave 2l
8.3.l Personal Leave 24
8.3.2 Bereavement Leave 24
8.3.3 Absence Notification 24
8.3.4 Unused Sick Leaved 25
8.4 Leaves of Absence 26
8.5 Military Leave 26
8.6 Jury J:Uty 26
8.7 TemporaIy Disability
Benefits 0-
¿,
8.8 Pregnancy Disability Leave 27
8.9 Adoption Leave 23
8.9.1 Catastrophic Leave 28
8.9.2 AtteOOance 30
9.0 OVertiIre 30
9.1 Non-Exenq:>t OVertilne 30
9.2 Management and Confidential
OVertiIre
9.3 Stam-by-pay 3l
OiliER roNDITIONS lO.O Continuous Service 32
OF EMPlDYMENT lO.l Re.irnburse:ment for Travel 32
and other Expenses
lO.2 Resignations 33
10.3 layoffs 33
lO.3.l Reinstatements 34
10.4 Seniority 34
10.5 Training Programs 34
10.6 SUggestion System 35
lO.7 Hospitalization, Medical,
Dental and Life Insurance
Programs 35
EMPI.OYEE-EMPlDYER 11.0 Meiooran::!a of Urrlerstaming 35
REIATIONS
City of CUpertino
aJlES
ON
CDNDrrrONS OF EMPlDYMENI'
GENERAL ArMINIS'I'RATION
section 1. 0 PurPose
'lhe purpose of these Rules shall be to provide the basis of
comrron understarrling between supervisors and errq;¡loyees as totems
and corxlitions of errq;¡loyment insofar as they are not superseded by
a foD!iÙly adopted Mel!Dran:lum of Urðerstarvling for such tams ard
corditions of errq;¡loyment as are permitted for inclusion therein
under the provisions of Chapter 6 of the Personnel Code,
Enployer-Enployee Relations.
section l.l Policv
'Ihe policy UOOer which these Rules shall be administered isrone of fairness both to the e¡ployee and the City and of
uniformity of action so that all may be aware of the duties ard
responsibilities of the eq>loyee in this regard as well as the
rights and privileges of arployment with the City.
section 1.2 Administration
'!he administration of these Rules is hereby invested in the
Persa1n8l Officer subject to administrative policies as set forth
by the City Manager, 'oIho is the A¡:p:Jinting Authority.
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Section 1.3 Interpretation
Arr¡ interpretation, definition or Iœa.I'1ing of any provision,
term or condition contained herein shall be as set forth in
.
writing by the Personnel Officer whose interpretation, definition
or Iœa.I'1ing shall be considered as bein;¡ suwlemental hereto.
section 1.4 Coveraae
All officers, employees and positions shall be subject to
these Rules save and except for those officers, eroployees and
positions specifically enumerated hereiI1be1aw.
(a) All Elected Officers
(b) City Manager
(c) Assistant City Manager
(d) City Attorney
(e) City Prosecutor
(f) C1ainnen and members of a¡:pointed boards, camnissions
and c:amnittees
(g) Persons ~ under contract to SUWly expert,
professional, technical or other services.
Section 1. 5 Re.........l of Ex:istina Rules
All existing Rules an:1 other policies currently or heretofore
in effect relating to those tens and conditions of employment as
provided f= herein are hereby rescinded and repealed.
Secticn 1.6 AInendmentg to Rules
AmeI~1ts to and nxxtificatians of these Rules shall be as set
forth in the Persa1nel Code.
section 1. 7 Effective Date
'These Rules shall be filed with the City Clerk on adoption by
the City Ccuncil am shall boo-. ..... effective imnWliately
thereafter .
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RECRU1'IMENl' AND RETENI'IŒ
Section 2.0 Tec:hniaues of Recrui tment
Recruitment of elTployees for positiOÌ1s in the City shall be
the respollsibility of the Personnel Officer YIho may request the
advice and assistance of or de1e;¡ate the function to a Department
Head with hisjher consent. The tec:hni.ques and pr=edures of
recruitment shall be those JOOSt effective in attracting qualified
applicants for positions with the City without regard to race,
religion, sex, national origin, political backgroun:i, or sexual
preference.
Section 2. 1 Examinations
Examinations shall be prepared and administered to test fairly
the fitness of ¡q:plicants. said ey:omi1'1ations shall be camprised
of ð1Tj one or more Pl""'""""-es of written, oral, physical fitness,
unassembled or such other method as can serve the purpose of
determinin;¡ the skills and knowledge, qualification or fitness of
the applicant. 'Ihe deteJ:mi.nation as to the pl""'""""':"es that will be
used for each position classification shall be that of the
Personnel Officer who may obtain and utilize such ass:istarx:e as
may be required to fulfill the intent of this section. said
eJœIIÚ11ations may be '"'"""""'titive or nc('lo ·"...u.tive; provided,
hoi;ever, that advance p.lblic notice be advertised prior to each
such ........-utive """""i1'1ation as to the method by which the
eligible list shall be prepared, its effective life, weighting
factors and such other detail that may provide the ¡q:plicant with
a better unc!erstaniing of the e."""";1'1ation and selection process
for the p:lSition for which he¡she is ¡q:plying.
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Section 2.2 Eliaible Lists
Whenever ~titive examinations are administered the names
of 5"~~ful applicants thereto shall be placed on lists from
which appointments therefrom shall be made durin;¡' the effective
term of the list. Eligible lists may be ccnstruct:ed so as to give
numerical rankin;¡s of 5""·....-"ful applicants or in category
groupin;¡'s when said lists are obtained from examinations
administered in that manner or fran examinations administered on a
pass-fail basis.
Elrployment lists shall remain in effect for one year urùess
exhausted sooner or abolished by the Personnel Officer. Elrployment
lists may be exten::ied for up to an additional year by actions of
the Personnel Officer.
section 2.3 Selection of Emclovees
'Ihe selection of a ,>,~"ful applicant for a position with
the City shall be made by the Department Head havin;¡' supervisory
control of the position to be filled. 'Ihe Department Head shall
recc:mœnd such selecticn of the Awointing AilthDrity who may
approve or ñi"'-'\f{'~ an appointment.
If the selecticn of a '3'~~ful applicant is to be made from
an eligibility list constx\Jcted by 1'IIJIŒ!l"ical rankin;J the person
select:ecl shall ba from cne of the three highest available persons
on the list. If the selecticn of a ",~eful applicant is to be
made trail an eligibility list construc:ted by category groupirqs
the person selected shall be from aIIØXj' these available in the
highest category before a selecticn may be made from a lower
category
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Section 2.4 ADcointJnent Aroroval
All ðRX'i.ntl11ents whether fran eligibility lists or not ani
iu..spective of the type of position to which one is ll'ade shall be
approved by the ~inting Authority before becaning effective.
APRJINIMENI'S AND EMPlDYEE STMUS
Section 3.0 ADcointlrents
All appointlrents to positions subject to Jurisdiction B of the
Personnel Code and as approved by the ~inting Authority shall
be ll'ade in one of the following named manners and the affected
employee shall be granted the same status accordingly.
section 3.1 certified status
certified status shall be granted to all employees occupy~
positions subject to Jurisdiction B ..no have S'lœe!;sfully
completed their prdJationary period when either appointed fram an
eligible list or as the result of hav~ S"~etully completed an
examination for the appointment.
<ne of four jurisdictions created by the Personnel Code.
Jurisdicticn B establishes the provisions and c:xntitions for the
ðRX'Ld.....'t., eaplayment and retenticn of subject enployees on a
basis of III8rlt and fitness. '!be following offices, positions and
enpl~ are excluded frail Jurisdiction B: All elected offices,
City Manager, Assistant City Manager, City Attorney, City
Prosecutor, 01aiJ:men and ~rs of ðRX'inted boards, ronmI;"5ions
and ccmnittees, persciI1S e..;¡aged under ......L..GCt to supply services,
Department Heads, eaployeæ occupying positions whale principal
job requirement is good P'1YSical fie- and eaployeæ serv~
under ðRX'intments of provisiŒIIÙ., exBIpt, t"-'\Olazy or ~
status. o......rt-ino. Personnel rh'I.., Title XII, 01apter 1, Article
2, p. 2 and 01apter 4, Article 1, p. 8.
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Section 3.2 Probationarv status
Probatiooazy status shall be granted to all eq¡loyees
occupyin;J positions subject to Jurisdiction B who have been
appointed fran an eligibility list or when none is available as
the result of havin;J S"~<;,fully CCl!i'leted an examillation for the
appointment. 'lbe prábationazy period nay be not less than three
(3) months nor more than twelve (l2) months and shall be as
specified for each class of positions unless when in the absence
of a specified duration it shall be six (6) months.
section 3.3 Provisional status
Provisional status shall be granted to all employees who are
appointed on other than a te!lp)rary basis to positions subject to
Jurisdiction B b.1t for which no eligible lists exists. Said
provisional appointments shall be terminated no later than one
hurdred eighty (180) days after appointment.
Section, 3.4 TemDorarl Status
Te1\p)rary status shall be granted to all employees appointed
for work on a sM<:rn1al, less than one-half time or to other
non-permanent work. FUll time eq¡loyment in arr¡ position urrler a
te!lp)rary appointment ~l not exœed 120 days in arr¡ twelve (l2)
month period.
Secticn 3.5 - Sta~n..
Ex8I¢ status shall be granted to all enployees occupyin;J
positicns not subject to Jurisdiction B of the Personnel ,code.
INl'ER-KSITIœ 'mANSFERS OF Ð<1PLOYEES
Sectim 4.0 pì..Uluotions
A praooticn shall be defined as the appoLII.....,¡d; of a certified
or exarpt E!ßI)loyee occupying a positiœ in a lower classification
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to a vacant position in a higher classification. ProIrotions It'ay
be made on a non-v.a''iA'titive or closed~titive basis
iuespec:tive of the existerce of eligible lists for the same
position classification which may have been oonstructed frc:m
open-v.a,'t-""titive e>"'mi r¡ations.
section 4. 1 Transfers
A transfer shall be defined as the appointment of an employee
to a vacant position having an assigrunent to the same pay grade as
the position previously occupied by the employee iIImediate1y prior
to the transfer. 'Ihe status of the ~loyee so transferred shall
not be affected by the transfer; provided, however, that a
transfer shall not be made fran a position subject to Jurisdiction
B to one that is exentJt therefran. 'Ihe awlicability òf requiring
a qualifying e.""mir¡ation of the employee as a prerequisite to the
transfer shall be as determined by the Personnel Officer in
reviewing 'oIbether desirable mininum stan:!ards of the position have
been met.
Section 4.2 Vo1"nt-"rv Reductions
A voluntary reduction shall be defined as the a,wroved request
of an ~loyee for an appointment to a vacant position having an
assignment to a lower pay grade fran the position previously
occupied by the enp10yee i.......ni"te1y prior to the new
appoLtL.....t. 'lbe status of the affected Elllployee shall not be
~ as a result of the new appointment¡ provided, however,
that a voluntary reduction may not be made fran a position subject
to Jurisdiction B to one that is exeIIPt ti1erefran. 'Ihe
a,wlicability of requiring a qualifying _ir¡ation of the
~loyee as a prerequisite to a¡:proval of a request for a
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voluntary reduction shall be as determined by the Personnel
Officer in reviewirq whether desirable miniJm.Im stan::!ards of the
positioo have been met.
sectioo 4.3 DenDtions
A de=tion shall be defined as the involuntary reduction in
rank or grade and shall be made only for cause. No dem:>tion shall
be made without the AppOintirq Authority first havirq reviewed a
statement for cause as submitted by the Department Head havin::¡'
supervisory =ntrol of the employee. said statement for cause
shall be given in writirq to the affected employee. The status of
a de¡ooted employee shall be determined in the sane manner as
provided by the rule on voluntary reductions, above.
DISCIPLINARY' ACI'IONS
Section 5.0 S"h<:1-,.,.,..,.. AbJse R>licv
It is the City of CUpertino's policy that employees shall not
report to \oIOrk un:Ier the influen:::e of alCXJhcl or drugs; have in
their pos~~ðion sud1 e;ubstan::es, sell or proVide drugs or alcohol
to aIrf other elq)loyee or person while sud1 elq)loyee is on duty or
subject to being called, or have their ability to \oIOrk iJ¡pI.ired as
a result of the use of alocbol or drugs. EDployees are' expected to
be in c:atpliance with the Dru; ' Free Workplace program adc¢ed by
resolutioo by the City a:uncil.
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section 5.1 Wanùn::J Not; '"""'"
At the discretion of the Department Head havin;¡ supervisory
=ntrol warning notices in writin;¡ may be prepared and 5e!:Ved on
an employee for minor infractions of regulations or for
unacx:eptable =n::1uct. A Ct::1f1'i of each such warning notice so
5e!:Ved will be forwarded to the Personnel Officer who will retain
it with other personnel recoros of the offen:iing employee. Such
recoros may be used to S\Jbstantiate subsequent, =re serious
disciplinilly actions. 'l11e miscon:luct of an offen:iing employee
shall be reviewed for indication of ilrprcvement or =rrection.
Such infoDDation will be retained with other personnel records for
a period of three years only.
section 5.2 SUSDensions
A Department Head having supervisory control may susperrl an
employee withoot pay for serious or repeated infractions of
regulations. SUch suspensions may not ~ thirty (30) days
in arrj twelve (12) IOOl1th period withoot the right of the employee
to file an aRJeal with the 1\RXIinting Authority for a hearin;¡ on
the matter. (see Section 6.3 Who Mav A.........l)
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Nothing contained herein shall preclude the right of the
Department Head to require an enq:>loyee to cease work ilmIediately
and leave the work pr-i ~'!!s without pay when such action by the
Department Head is in the interest of safeguarding the health,
safety and welfare of the City, its enq:>loyees, citizens ard their
properties.
Section 5.3. Dismissal
An enq:>loyee may be disroi eeed by a supervisirq Department Head
for substantiated cause when it is deemed to be in the best
interest of the City. Upon verbal or written notice of dismissal
an enq:>loyee shall be required to leave the INOrk premises with loss
of all rights and privileges of enq:>loyment. An enq:>loyee holdin:¡'
certified status may aweal the ñic:miee~l to the A¡:p:Jintirq
Authority within three (3) workiIq days fran date of notice of
ñic:mieo;,;<ll. If no aweaJ. is initiated within the specified period,
the disroieeed enq:>loyee shall be discharged fran enq:>loyment.
Section 5.4 Dischartres
An enq:>loyee shall be discharged fran enq:>loyment with the City
after dismissal without appeal or after denial of an aweaJ. by the
A¡:p:Jinting Authority. An E!q)loyee so discharged shall lose all
pays, rights am privileges of E!q)loyment with the City on the
effective date of notice·of ñi"",iee'!ll. A written statement of the
causes of d.isc:haJ:ge and ñic:miee~l shall be prepared for the
enplC7j8S's personnel recoros and a r:cpy given to the affected
enplC7j8S.
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section 5.5 D.le ProcesS
In each and fNery instance invol vin;¡ the issuance of warnin;¡
notices, suspensions or the dismissal or discharge of an employee,
such will not be effectuated without the employee first havin;¡
been given in writin;¡ the basis for such action bein;¡ taken and
the opportunity to question the reasons therefore of his
supervisor or Depart!nent Head. Said opportunity shall be as soon
as it is practical after havin;¡ been served the written notice and
shall not constitute arr¡ limitation otherwise available through
the grievance or appeal procedure.
APPEALS AND HEARINGS
section 6.0 Fom of J!.,....,.."l
All appeals to the Appointing Authority shall be in writin;¡
and shall be signed by the employee.
section 6.1 Filina of J!...........l
'!he filin;¡ of an appeal to the Appointing Authority shall be
a~lished by the submission of the signed written document to
the Personnel Officer who shall be respollsible for the issuance of
proper notifications.
section 6.2 Recr - ntation
An Elßl)loyee sutmitting an aæ""'l to the Appointin;¡ Authority
may be ......... as anted by a person of his åIoosin;¡ or may elect to
....prn .t. þi......lf: provided, hcwever, that Wen an ent'loyee is to
be ""'i'" S mted by another person the name of that person shall be
made known to the Appointing Authority at least three days prior
to the scheduled hearing. SUbstitution of representation may only
be as permitted by the Appointing Authority.
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Section 6. J Who Mav ADœal
Ñri eIrq?loyee rray file an appeal with the AppOintirq Authority
as the final' step of the grievance procedure, for suspensions
exceediIg thirty (30) days in arrj twelve (l2) IrOnth period, or
after notice of dismissaL AWeals fran dismissal rray be filed
only by erployees currently holdin:¡' certified status at the ti1ne
of dismissal.
section 6.4 rr",,,rÎ11ClS on AIJeeals
If deemed l1E!C'?cs;,:¡ry, hearirqs rray be held on appeals by the
Appointirq Authority. '!he corduct of such hearirqs shall be as
detenuined l1E!C'?<;,..<!ry by the AppOintirq Authority to best evaluate
each appeal on its merits.
section 7.0 GRIEV1INCE PR() . I I JRE
Definition and ~I"'" A grievance is a dispute or
difference of opinion raised by an erployee agaiIlst the City
involvin:J the meaning, inteJ:pretation or application of the
express provisions of an a¡:plicable MeIrOran::lum of Un:lerstan:iing
or the Rules on Con:litions of Enployment or existin:J work rules.
A grievance shall be prooeeocßd in the following manner:
Steu 1: Ñri eIrq?loyee who has a grievance shall submit it
designated as a grievance to the eIrq?loyee's illlnediate supervisor,
who is designated for this ¡::mpose by the City. '!he supervisor
shall give the enployee an oral answer within five (5) calen:lar
days after such ~.L asantation.
~... 2: If the grievance is not settled in step 1 and the
eIrq?loyee wishes to advance the grievance to Step 2 of the
grievance pL~1'"'1!, it shall be referred in 1rIriting to the
erployee's next highest supervisor within five (5) caleroar days
after the supervisor's oral answer, or answer due in Step 1, and
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~.cL.~ (ß s~gr.ea 01' 1::'.e aggr~eve:i e.q:¡lo1'ee an::! t......e e.q:¡l::;yee's
designated representative¡Union aJsiness Agent. '!he written
grievance shall contain a <:x:IIi>lete statement of the facts, the
provision of the Mem::>randum of Urrlerstaniing or work rules which
the City is alleged to have violated and the relief requested.
The supervisor or other person designated for this purpose shall
discuss the grievance within five (5) calerxJar days with the
etrq)loyee and the etrq)loyee's designated representative at a time
J1U.ltually agreeable to the parties. If no settlement is reache:i,
the supervisor or other person designated for this purpose shall
provide the etrq)loyee a written answer within five (5) calerxJar
days followirg their meeting.
Stec 3: If the grievance is not settled in Step 2 am the
etrq)loyee wishes to appeal the grievance to step 3 of the grievance
procedure, it shall be referred in writing to the etrq)loyee's
Department Head within five (5) calerxJar days after the
supervisor's answer in Step 2 and shall be signed by both the
aggrieved etrq)loyee and the enployee's designated representative.
!he Department Head shall ni,.,..".... the grievance within five (5)
calerxJar days with the enployee and the enployee's designated
representative at a time nutually aql ·hle to the parties. If no
settlement is reached, the Department Head shall give the City's
written answer to the eoployee within five (5) calerxJar days
following their meting.
~.... 4: If the grievance is not settled in Step 3 and the
enployee wishes to aRJeëÜ the grievance to Step 4 of the grievance
pIO A\ure, the enployee's designated representative may refer the
grievance to advisory mediation as described below within l4
calendar days after the decision is provided at the third step.
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(l) '!he parties shall a~ to agree upon an advisory
arbitrator within seven (7) calen:1ar days after receipt of the
notice of referral. In the event that parties are unable to agree
upon an advisory arbitrator within said seven (7) day period, the
parties shall ùmnedi.ately jointly request the State Mediation ard
Conciliation Service to submit a panel of five (5) advisory
arbitrators. Each party retains the right to reject one panel in
its entirety and request that a new panel be submitted. Both the
e¡¡ployee's designated representative and the City shall have the
right to strike two (2) names fran the panel. '!he party
requesting advisory arbitration shall strike the first two names:
the other party shall then strike two names. The person remaining
shall be the advisory arbitrator.
(2) '!he advisory arbitrator shall be notified of hisjher
selection and shall be requested to set a time and place for the
hearing, subject to the availability of the e¡¡ployee's designated
representative and the City representative.
(3) '!he City or the eøployee's designated representative have
the right to request the arbitrator to require the presence of
witz'<>c'~es or doo.....'1ts. '!he City and the eøployee's designated
repr,nntative retain the right to euploy legal coonsel.
(4) 'Ihe advisory arbitrator shall submit hisjher
reo:, ···-ldatioo in writing within thirty (30) days following the
close ot the hearing or the ..'"";....ioo of briefs by the parties,
whichever is later.
(5) More than one grieyanoe may be submitted to the same
advisory arbitrator if both parties IIIJtua1ly agree in writing.
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(6) The fees a.rrl expenses of the advisory artatratar a.rrl tÌ'.e
cost of a written transcript shall be divided equally between the
City and the employee's designated representative; provided,
hOW'eVer, that each party shall be responsible for conq:>ensatin; its
own representatives and wi~-'!!S.
Lilnitations on Authority of Advisorv Arbitrator The advisory
arbitrator shall have no right to amen:l, IOOdify, nullify, ignore,
add to, or subtract fran the provisions of the MeIrorarrlurn of
Urrlerst:.aro.ing. The advisory arbitrator shall consider a.rrl decide
only the question of fact as to whether there has been a
violation, misinterpretation, or misapplication of the specific
provisions of this Agreement. The advisory arbitrator shall be
eItiJOWered to determine the issue raised by the grievance as
subnitted in writing at the 5eoon:i step. The advisory arbitrator
shall have no authority to make a u.......,..o:n;:!ation on êIIrj issue not
so sul::Initted or raised. The advisory arbitrator shall be without
power to make I.......'.....n::!ations contrary to or in::onsistent with, in
êIIrj way, applicable laws or roles and regulations of
administrative bodies that have the force and effect of the law.
The advisory arbitrator shall not in êIIrj way lbnit or interfere
with the powers, duties and responsibilities of the City un:ier law
and applicable court decisions. The Ie.:> ·,",-r1dtion shall be
advisory only to the ~inting Authority. The ~intin;
Authority will maJœ the final decision.
Þ.Tl'E2IDNa AND lEAVES OF ABSENCE
section 8.0 Moors of Work
'!he normal \¥Crlt ~ shall be M:Jnday thrcu;¡h Friday. The
normal W'Ork day shall be fran 8:00 a.m. to 5:00 p.m. with one (1)
hour off for lunch.
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A variance to the normal work week or ',¡ork day :ray te
established by the DepartJnent Head with the written approval of
the Appointing Authority when such is deemed by the Appointin;¡'
Authority to be in the best interest of the City. Any such
variance shall identify the positions to which it applies ani
shall be filed with the Personnel Officer. '!he normal work week
shall be 40 hours in seven days.
section 8. 1 Holidavs
!he follOWin;¡' named holidays shall be considered as non-work
days:
(a) New Year's D:l.y
(b) wa.shin;¡ton's Birthday
(c) MeI!Orial D:l.y
(d) In:ieperxlerx:: Day
(e) Labor Day
(f) Veteran's D:l.y
(g) 'Ihanksgiving D:l.y
(h) Friday fOllowing 'Ihanksgivin;¡' Day
(i) Q¡ristI!las Eve (1/2 shift on regular W'Ork days only)
(j) Q¡ristI!las Day
(k) New Year's Eve (1/2 shift on regular work days only)
(1) Martin I1Ither Kin;J Day
secticn 8.1.2
In addition to the foregoing paid holidays, eligible employees
shall be allowed to scbedul.e 20 hours as additional holiday leave
not to be taken in increments of less than 4 hours. '!his floatin;¡'
holiday leave shall be taken at dates of the E!q)loyee's selection,
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provided that: l) prior supervisory awroval be obtained, am 2)
before the en:! of the 2m pay period in December of each calendar
year. For new employees, floating
holiday leave will be pro-rated the calendar year in which they
were hired in the following manner:
(a) ElTi'loyees hired after January 1 rot on or before March 3l
shall be entitled to 20 hours floating holiday leave in that
calendar year.
(b) ElTi'loyees hired on or after April 1 but on or before
September 30 shall be entitled to lO hours of floating holiday
leave in that calendar year.
(c) ElTi'loyees hired on or after October 1 but before December
3l will not be entitled to floating holiday leave in that calendar
year.
section 8.1. 3
When a holiday or a non~rk day falls on a Saturday the
, p~i rg Friday shall be observed as the non~rk day and when a
holiday falls on a SUl'lday the following Mcn:!ay shall be observed
as the non~rk day.
Section 8.1. 4
Nothing oc:ntained herein shall pU!I:lu:!e the right of the
Department Head with the awroval of the AwOinting Authority to
resc::bIIdule work assignments or hours of -..ork to meet emergency
situatioos and other administrative J'1eO""'eities caused by the
observance of a holiday or non~rk day or period; provided,
however, that all such affected employees are duly a::mpansated for
said rescheduled -..ork assignments.
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section 8.1.5
E:lIi>loyees whose normal 'Nark day is at variance with the normal
'Nark haJrs specified in Section 8.0 of these rules may be
corrrpensate:i for the differential shift haJrs their duties
require. '!he Awointing Authority may establish suitable
administrative policies and quidelines for this compensation.
section 8.l.6 Holidav Pav
In order for an employee to receive his regular pay for a
holiday or designate:i non-work day, work must be perfonned on the
regular scheduled day before ani the regular scheduled day after
the holiday or designate:i non-work day. E:lIi>loyees on vacation,
injw:y leave, approved short term leave of absence, with or
without pay, or who sul:mit satisfactory evidence of personal
illness shall be considered as 'NarJdn;J their regular schedule for
pay p.u:pcses.
Section 8.2 Vacations
All employees, other than those holdin; temporary status,
whose work assigranent is of a rec:urrin;J nature of not less than a
normal 'Nark week shall a=ue vacation credits.
After six IOOI'1ths of c::ontinucus ernplayment, a=uecl vacation
may be taken with the prior awroval of the DeparbDent Head.
Vacation leave DUSt be taken in no less than 2 hcur increments.
wring the first three years of ernplayment, an employee shall
earn vacation credit on the basis of 5/6 'Nark day, or the hoorly
equivalent, for each OCIIplete JOOnth of contin1ing service.
!)¡ring the fcm:th year of ernplayment, an eaployee shall earn
vacation credit on the basis of 1 1/4 T¡¡Qr c days, or the hoorly
equivalent, for each OCIIpleted month of contin1ing service.
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DJring the tenth year of employment, an employee shall ea=
vacation credit on the basis of 1 5/l2 work days, or the hourly
equivalent, for each aJrnPleted I10nth of continuing service.
DJring the fifteenth year of employment and thereafter an
employee shall earn vacation credits at the rate of 1 2/3 work
days, or the hourly equivalent, for each I10nth of completed
continuous service.
DJring the twentieth year of employment and thereafter, an
employee shall earn vacation credits at the rate of one and five
sixths (l 5/6) work day or the hourly equivalent for each month of
COI!1?leted continuous service. An employee nay carry over to the
next year any portio!! of vacation credit but shall be limited to
not I10re than that which was earned during the previous year.
An employee nay accrue no I10re vacation credit than twice the
annual rate being earned.
on tenni.nation of employment or on receiving a leave of
absence of I10re than three (3) I10nths an employee shall be
compensated for all earned but lU1used vacation accrued at the time
of tenni.nation or at the start of said leave of absence. Unused
vacation nay not be used to extend final employment date beyond
the annual rate being earned.
-l9-
The a=1 of vacation credits for those employees whose nornal
work week is of not less than one-half (l/2) tilne shall be
prorated a=mirg to the tilne of the recurring work assignment as
to the normal work week.
Errployees may convert, on a once per calendar year basis,
unused vacation tilne for payment subject to the following
=nditions:
1. The employee must have an earned vacation of a minimum of
l5 days.
2. Arr¡ payments made for unused vacation will be subject to
all appropriate taxes and deductions as determined by the
Finance Department.
3. Minimum ex~e will be 1 day, maximum exchange will be
5 days. All changes are irrevocable.
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section 8.3 Sick Leave
All full time employees, other than those holding temporary'
status, shall earn eight (8) hours per month sick leave time
without limit on accumulation. '!hose pennanent employees working
less than full time (at least 20 hours per week) shall earn in one
month the number of hours of sick leave they would nonnally work
in one day or the equivalent without limit on accumulation.
Errployees absent without pay for any reason for more than forty
(40) hours during a calendar month shall not earn sick leave
benefits for that m:>nth.
sick leave may be utilized due to the employee's personal
illness, injw:y, maternity, or sickness or injw:y in the immediate
family. IImnectiate family is defined as spouse and children.
Errployees shall, whenever possible, make aPPJintments for medical,
dental, and similar purposes on non-work hours. If this is not
possible, sick leave may be used for these purposes.
with proper notice and approval of the supervisor, sick leave
shall be taken in periods of no less than one-half hour
increments .
Errployees will have the option, subject to approval, of
converting sick leave to vacation leave on a two-to-one basis.
'!he maxiJmJm allowable exc:harxJe will be 96 hours of sick time for
48 hours of vacation leave per calendar year. Minbnum exchange
will be 8 hours sick leave for 4 hours of vacation. An employee
may convert sick leave in excess of 320 hours to vacation leave on
a one-to-one basis to a maxiJmJm of 48 hours and a minbnum of 4
hours
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As a condition of converting sick leave to vaction, all
employees will be required to use at lease one-half of vacation
a=rued during the previous twelve months.
SUch conversion, either to exchange sick leave for vacation or
vice versa shall be subject to the following conditions:
1. All requests to exchange sick leave for vacation ti1ne
shall be submitted in writing to the Department Head at
least 60 calerdar days in advance of intended vacation
utilization.
2. The granting of such exchange and subsequent use will be
at the discretion of the Department Head.
3. If twelve (12) months have elapsed since approval of the
exchan;Je of sick leave for vacation, and the employee has
not been permitted the use of the converted vacation
time, (after submitting at least one written request for
utilization) the employee will have the right to
re-convert the vacation time to sick leave in reverse
ratio to the original exchange. This exchan;Je will be
allowed QDly for previously converted sick ti1ne to
vacation and will not be permitted for regularly accrued
vacation time.
-22-
4. If an en¡¡loyee, after converting sick leave to vacation
time, exhausts all of hisjher remaining sick leave due to
injury or illness, he/she may make a written request to
the Department Head to re-convert vacation tiIne to sick
leave on a reverse ratio basis. Approval will be subject
to an asS°,>sment by the Department Head as to the
validity of the illness/injury and whether or not a
written physician's statement attesting to the
illness/injury is required will be at the sole option of
the Department Head.
5. If the errployee's vacation accrual exceeds the maximum
allowable aœrual, he/she will have the option to
re-convert vacation time back to sick leave on a reverse
ratio basis. Such re-conversion shall be lilnited to
previously converted sick leave/vacation and may not
exceed the am:JUnt 1"eCeS<;:'llj' to reduce the accrued
vacation to the maximum allowable. Regularly accrued
vacation time will not be eligible for this re-conversion
to .sick leave and any regularly aCcrued vacation tiIne
accrued in eyr"'<>"'9 of the maximum allowable will be
disallowed and not subject to utilization by the
errployee.
NOl'E: As used in this dl)Cl1mØ"It, "reverse ratio" is interxied to
mean that the ratio of sick leave to vacation will revert
to the original ratio at the tiIne the initial exchange
was ilrplemented.
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section 8. 3 . 1 Personal Leave
'lbe City shall allow twenty-four (24) hours of accumulated
sick leave to be used for ccrducting personal business which
cannot be corducted outside regular working hours,.
'lbe employee must request leave, if non-emergency, at least
forty-eight (48) hours (bio working days) prior to the time of
utilization giving the reason for the request on the form
presently provided. In cases of emergency, the forty-eight (48)
hour notification procedure may be waived by the immediate
supervisor, provided the form is completed and the reason for the
request is stated upon return.
section 8.3.2 BereavE!ll1el1t Leave
Enployees shall be granted paid bereavement leave not to
exceed three (3) work days upon the occasion of death of a close
relative. Close relatives are defined as mother, father, sister,
brother, wife, husbarx:l, child, grarrlparent, grandchildren,
mother-in-law and father-in-law.
Section 8.3.3 Absence Notification
An employee is expected not to absent himself from work for
any reason other than personal illness without making prior
arran;¡ements with his supervisor. Unless prior arran;¡ements are
made, an employee, who for any reason, fails to report for work
must maJœ a sincere effort to iJmnediately notify his supervisor of
his reason for being absent. If the absence, whether for personal
illness or otherwise, is to continue beyorñ the first day, the
employee must notify the supervisor on a daily basis unless
otherwise arran;¡ed with his supervisor. In proper cases,
exceptions will be made.
-24-
Any unauthorized absence of an employee from duty shall be
deemed to be an absence without pay and will be grourxis for
discipli11ary action by the Department Head. In the absence of
such discipli11ary action, any employee who absents himself for
three days or IICre without authorized leave shall be deemed to
have resigned. Such absence may be covered, however, by the
Department Head by a following grant of leave with or without pay
when extenuating circumstances are found to have existed.
Section 8. 3 . 4 Unused Sick T "'''ve
'!he City shall pay an employee for unused balance of sick
leave upon retirement, or termiI1ation for other than just cause,
a=rcling to the following schedule:
1. If upon retirement, which shall require the fornal filing
of the appropriate foms with the Public Employees
Retirement System,an employee has at least 320 hours of
accrued sick leave a cash payment shall be made
equivalent to seventy-fivé percent (75%) of the dollar
value of the unused sick leave balance. '!he dollar value
for such payment shall be calculated at a wage rate which
is the average of the prec...-iir¡g five (5) years for the
employee.
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2. If upon termination for other than discharge with just cause,
an enployee has at least 320 hours of accrued sick leave a
cash payment shall be made equivalent to fifty percent (50%)
of the dollar value of the unused sick leave balance. 'Ihe
dollar value for such payment shall be calculated at a wage
rate which is the average of the preceding five (5) years for
the enployee.
Section 8.4 leaves of Absence
leaves of absence without pay not to exceed three (3)
=nsecutive work days may be granted to an enployee by his
Department Head. SUch leaves of absence in excess of three (3)
=nsecuti ve work days shall require the prior approval of the
Appointing Authority. All such leaves of absence in excess of ten
(lO) work days shall have the prior written approval of the
Appointing Authority am shall be reported to the Personnel
Officer on the appropriate form provided.
Section 8.5 MilitaIV Tø;,ve
Military leave shall be granted in accordance with the
provisions of state law.
All enployees entitled to military leave shall give their
supavisor an qp:>rtI.mity, within the limits of the military
requirement, to deteDnine when such leave shall be taken.
Section 8.6 Jw:v n.rtv
:e:nployees called for jury duty shall be paid the difference
for such non-work time between the base salary they would have
earned had they not been required to serve or be in atterrlance and
the base salary, exclusive of arr;¡ mileage allowance, received for
such service.
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section 8.7 Term:x:>rarv Disability Benefits
Arrj ~loyee sustaining an injury arising out of, or in the
course of, the perfOIIt1al1Ce of his job and who cannot work at the
duties am responsibilities normally assigned to that job is
entitled to receive temporæ:y disability payments as prescribed by
-State law.
lIDy ~loyee entitled to receive temporæ:y disability payments
nay elect to supplement such payments with an amount not to exceed
that which is the ~loyee's weekly earnings or weekly earning
capacity by use of sick leave payments to the extent that such
sick leave has been a=æd to the ~loyee's account.
Section 8.8 Preanancv Disability Leave
A pregnant ~loyee is entitled up to four (4) ITDnths leave of
absence without pay for temporæ:y disability resulting from
pregnancy, miscarriage, childbirth or =ery therefrom.
En'ployees shall take unpaid leave of absence during such leave
except that a=æd vacation pay am sick leave nay be taken at
the option of the ~loyee.
As with all ather temporæ:y disabilities, a physicians
certificate is required to verify the extent am duration of the
temporæ:y disability.
lID ~loyee who plans to take a pregnancy leave II1I.ISt give a
reasonable notice (not less than four (4) weeks) before the date
she expects to take the leave am the estilnated duration of the
leave. '!he city will pay health am welfare benefits at the same
rate as prior to the leave until the ~loyee is released by her
physician to return to work or for sixty (60) days, whichever
comes first.
-27-
section 8.9 Mootion T""Ve:
Upon request a leave of absence without pay for up to four (4)
weeks will be granted to adoptive parents. Accrued vacation pay
and sick leave may be taken at the option of the employee during
this leave time. '!he city will pay health and welfare benefits at
the same rate as prior to the leave.
section 8.9.1 Catastrochic Leave
1. '!he city will form a canrnittee to establish a definition
of catastrqnic or life-threatening illness. This
canrnittee will evaluate each individual case when it is
su!.:mlitted to qualify to receive funds.
The only
limitation is that the employee nnlSt be the one facing
.
the illness. '!he canrnittee has the right to ask the
applicant to su!.:mlit further d=umentation from their
physician to determine the applicant does suffer a
catastrophic or life-threatening illness.
2. All benefitted employees who have passed initial
probation with the City will be eligible to receive
assistance.
An employee does not have to be a
contr.ib1tor to be eligible.
An employee or their
:tepresentative 1IJ.1St OCIIplete a prescribed application
form together with su¡:p:>rting medical d=umentation to
the PersaInel Office when applying for funds.
3. A recipient nJJSt have used all of their available leave
hours before hefshe is eligible.
-28-
4. 'lbe miniImlm time an enployee could receive funds would be
one week. 'lbe maximum am:JUl1t is two =nths (UI'D becaiœs
available at this time).
5. Vacation leave will be the only leave that may be
donated. An enployee may not donate vacation leave hours
which would reduce hisjher total accrued leave balances
to less than 120 hours. All leave donations are
irrevocable.
6. A vacation transfer drive will be held once a year for
enployees to donate vacation leave. Transfers may be in
increments of 1 hour or =re. All donations will be
confidential. '!here will be no selling or coercion of
enployees to donate. If the bank is depleted a vacation
transfer drive may be held at the request of the
committee.
7. Donated vacation leave hours will be converted to cash
am deposited in a time-bank where it will be available
for distr.iJ:JUtion. Interest accruing from the bank shall
be credited to the time-bank. Olecks will be issued to
the recipient with the regular payroll, which will keep
them in an active enployment =de with the City. '!his
~ prevents ovezpayments or corrections since it
oc:mes after the actual leave has been taken. (Conversion
allows for adjustments for different rates of pay.) No
enployee shall receive payment for =re than 100% of
their' regular pay.
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section 8.9.2 Attendance
En'ployees shall be expected to rèport for work prorlptiy at the
start of each 1o'Ork period am to perform their given work
assigrnnents diligently until the erxi of that work period. An
employee who is not able to do so shall so advise his supervisor
of that fact at the earliest possible tilœ after that fact is
!mown to hilnjher. Abuse of atten::1ance requirements may be grounds
for appropriate disciplinaIy action.
section 8.9.3
Adequate and proper atten:!ance recoros shall be maintained for
each employee which recoros shall form the basis for payroll and
accounting requirerrents.
Section 9.0 OIlertilœ
It shall be the policy of the City to keep overtilœ at a
minimum. When situations arise which require an employee to
perform outside of the nomal work week, campensation shall be
made in one of the following ways.
section 9.1 Non-ExemDt OIlertilœ
All approved work performed by employees in excess of 40 hours
in a seven day 1o'Ork week, shall be paid at the overtilœ rate of
one am one-half (1 1/2) times the nomal rate of pay. Work
performed on regularly sd1eduled days off, city Holidays or during
an enployee's sd1eduled vacation shall be considered to be
overtime am paid accordingly. At the employees discretion,
campensatory tilœ off may be granted for overtilœ worked at the
rate of tilœ am one-half for each hour worked in lieu of
campensation in cash.
-30-
Cœpensatory tbne may be accrued up to 60 hours. Ñr£
CCJIt¡)eI1Batory time remaining on the books after this tUne will be
paid off in cash at the rate of time and one-half.
Any overtbne wOrked after the first pay period in December and
before the first period of the next calendar year must be paid off
in cash at the rate of tbne am one-half.
Section 902 Manaaement and COnfidential Overtime
Management and confidential employees are ineligible for
overtbne payments. However, no deduction from leave balances are
made when such employee is absent less than a regular work day.
Section 9.3 Stand-bv-Pav
Enployees who are required to make themselves available for
being called back to 'tIOrk outside the noma! work period shall ~
CCJIt¡)eI1Bated for such stand-by assignment at the rate of $100.00
per week for each week so assigr¡E!do
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OIHER CXJNDITIONS OF EMPIDYMENT
Section 10.0 Continuous service
Continuous service shall be defined as the uninterrupted
service of an arployee fran the date of his latest appoi.ntJœnt to
the then present ti1ne. Continuous service shall be broken through
death, discharge, resignation, retirement or layoffs exceeding
twelve (12) m:>nths duration without the arployee having been
reinstated. Continuous service shall be interrupted through a
leave of absence without pay exceeding ten (10) work days, layoffs
and suspensions exceeding ten (10) work days
Section 10.1 Rei1nbursement for' Travel and Other ExDenses
Employees who are required to use their personal vehicles for
City business shall be reimbursed for such use at an appropriate
rate to be detenuined by a schedule adopted by the city Council.
SUbmission of a request for reilllbursement must be approved by the
Department Head.
Exceptions to the foregoing paragratil are: City Manager,
Department Heads, Assistant City Ergineer, Traffic Ergineer,
SUperinterrlent of Public Works, Recreation SUpervisors, Building
Official am the Public Information Officer whose pay rate
includes an alla.rcmœ for the use of their personal vehicles.
However, shalld arr;¡ of the identified persons travel in excess of
trNo hundred miles J:'OUJñ trip they would be eligible for
rei1nbursement at the established rate.
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Section 10.1.2
Elrployees who are required to advance personal furrls for the
purchase of minor materials and supplies or for other approved
services during the performance of or arising out of the duties
assigned to the el!ployees work shall be reill1bursed for furrls so
experrled. The AWOinting Authority may prescribe such
administrative rules and regulations governing the allowable kinds
and am::>UIlts of such reilllbursable experrlitures am the methods and
procedures usable to substantiate am process submitted clailns.
Section 10.2 Resianations
Resignations are deemed accepted am irrevocable once
presented in writing to an el!ployee's supervisor or Department
Head.
Section 10.3 laYOffs
layoffs of el!ployees may be made by the AWOinting Authority
for lack of furrls, lack of work or for other similar and just
cause. The order of layoff shall be that which, in the opinion of
the AWOinting Authority, will cause the least disruption of
service to the city.
Unless otherwise prevented from doing so as a result of
corxtitions or situations beyorñ the City's =ntrol. The City will
provide a mi.nbøJm of thirty (30) days notice to arr;¡ el!ployee
subject to being laid off p.¡rsuant to the Rule on layoffs.
-33-
section 10.3. 1 Reinstatements
'!he names of enployees affected by layoff shall be placed on a
recall list for a period of two years in the reverse order of
layoff am shall have the first opportunity for reinstatement.
Failure to respond within ten days to a written notice of such
opportunity shall cause that name to be reJ1'DVed from the recall
list.
with the approval of the Appointing Authority, a pennanent or
probationaIY enployee who has resigned with a good work record may
be reinstated within twenty-four =ths of the effective date of
resignation to a vacant position in the sàme or comparable class
he/she previously occupied. Upon reinstatement the enployee, for
all purposes, shall be considered as though they had received an
original appoinbnent.
Section 10.4 Senioritv
Seniority shall be defined as the len;¡th of continuous service
in a given classification. Seniority shall not be affected by a
change in the allocation of a posiiton, by a change in the class
specifications or by a change in the evaluation of the class of
positions.
Section 10.5 Trainina Proarams
It shall be the policy of the City to encourage enployee
participaticn in training programs which will be of benefit to the
enployee an:i the City in the better perfonnan::e of hisjher work
am as a means of providing assistance to the enployee qualifying
for pramtional ~rtunities. '!he Appointing Authority may
prescribe suitable requ1ations am quidelines mv:ler which such
programs nay be administered.
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Section 10.6 SUaaestion SYstem
SUggestions of enployees relating to the improvement of work
related matters shall be encouraged. The means of receiving,
processing am implementing such suggestions as well as the method
of giving appropriate recognition thereto shall be as prescribed
by the Appointing Authority.
Section 10.7 HOSDitalization. Medical. Dental and Life
Insurance ProcIramS
It shall be the policy of the City to provide suitable group
hospitalization, medical, dental, life insurance programs and
income protection un:1er whiCh enployees and their depero.ents may
be =vered. '!he needs of the enployees shall be given due
consideration. EMPIDYEE-EMPIDYER RElATIONS
Section 11.0 Memorarna of Ut'rlerstandincl
Rules relating to those matters of mutual interest and concern
between city management am City enployees which are subject to
meeting am conferring in good faith shall be as mutually agreed
to between the trNo parties am as approved by the City Council in
the Mem:>raIDa of UOOerstan:iing. In the absence of such meJ\'Drarna
the rules contained herein shall apply 'Nherever applicable.
In the absence of arr;¡ specific rule on arr;¡ given matter the City
Manager in that capacity or as the A¡:p:>inting Authority shall
establish suitable policies by administrative regulations and
orders which shall be considered as supplemental hereto unless or
until amerñed or superceded.
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