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HomeMy WebLinkAbout8617 - Personnel Policies for City Employees1 w':a t' RESOLUTION NO. 8617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISH- . ING PERSONNEL POLICIES FOR ALL EMPLOYEES OF THE CITY WHEREAS, Section 2.28.020 of the Municipal Code provides that the City Council by Resolution shall establish personnel policies for all City employees upon recommenda- tion of the City Manager, and; WHEREAS, the City Manager has recommended that the personnel policies as shown on Exhibit "A" attached hereto be adopted by the City Council; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby adopt the policies concerning administration of personnel within the City, as shown on Exhibit "A ". ADOPTED this 28th day of October 1975. Mayor r:149111*-94P Cify Clerk 6F C D AS THE C�u?d....... +���� off_ CITY CLERK OF THE CITY OF NEWS T B;:ACH DDO:yz OCT 31297x5 10/29/75 DATE; • • TABLE OF CONTENTS SECTION PAGE NUMBER I. PURPOSE 1 II. DEFINITIONS 1 III. TERMS AND CONDITIONS OF EMPLOYMENT 1 IV. TRAINING 5 V. CLASSIFICATION PLAN 8 VI. COMPENSATION PLAN 9 VII. ATTENDANCE AND LEAVES OF ABSENCE 18 VIII. ON- THE -JOB INJURY 28 IX. DISCIPLINARY CODE 34 X. MISCELLANEOUS PROVISIONS 36 XI. SEVERABILITY 37 XII. REPEAL 37 FX14. /+- y • T ' SECTION I. PURPOSE It is the purpose of the personnel policies detailed herein to define procedures and processes by which efficient and economical service to the public by employees of the City of Newport Beach can be facilitated through a fair and equitable system of personnel management. SECTION H. DEFINITIONS • The following terms whenever used herein are defined as follows: • CITY MANAGER: The City Manager of Newport Beach or his designated representative for personnel matters. PERMANENT EMPLOYEE: A full -time or part -time employee occupying a position that is individually authorized in the budget and which is expected to exist indefinitely. REGULAR EMPLOYEE: An employee who has successfully completed a probationary period in a permanent position. SEASONAL EMPLOYEE: A full -time or part -time employee occupying a position that is authorized in the budget and which exists for only a specified period of time. TEMPORARY EMPLOYEE: A full -time or part -time employee occupying a position not authorized in the budget and which is of very limited duration; or an employee occupying an authorized position for a limited period due to the absence of a permanent employee. Y- RATED: A rate of pay higher than the established limits of the authorized salary range of a class. ION III. TERMS AND CONDITIONS OF EMPLOYMENT 300. Employment Standards The City Council and all the citizens of Newport Beach have the right to expect that the City will employ the best qualified persons available, with preference to the citizens of Newport Beach, qualifications being otherwise equal; that the tenure of every City employee will be based on a demonstrated need for the work performed, availability of funds, faithful and effective performance, proper personal conduct, and continuing fitness for the position; and that each employee will be encouraged, trained, and developed to assure optimum performance. 1. 301. City's Responsibility to Employees All employees of the City of Newport Beach have the right to expect that they will be fully informed of their duties and responsibilities; that they will be provided with adequate administrative and supervisory direction; that they will be informed of how well they are performing their duties and their level of performance; that promotion will be made on the basis of merit and ability; that progressively improved work performance over an extended period will be recognized and • rewarded and that incompetence will not be tolerated; and that employees will not be subject to disciplinary action without justification. 302. Fair Employment • City employment shall be based on merit. No appointment to, promotion to or removal from a position shall be affected or influenced in any manner by sex, race, color, creed, nationality, age, political or religious opinion or affiliation, unless such factor is a bona fide occupational qualification. 303. Selection Procedures The City Manager shall be responsible for determining methods of evaluating applicants for positions in the City. The evaluation methods may include, but are not limited to, one or more of the following: written tests; oral tests; performance tests; physical agility tests; appraisals of education, training and experience; professional certi- fication; physical examination; and psychological /psychiatric examination. 304. Certification The City Manager shall determine those applicants eligible for appointment in accordance with Section 303. Department Directors may appoint and promote only from among those persons who are certified to them by the City Manager as being eligible for appointment. 305. Probation Period 305.1 Object The probation period shall be regarded as part of the initial selection process and shall be utilized for closely observing the employee's performance; for securing the most effective adjustment of an employee to a position; and for reviewing the performance of any employee who does not meet the required standards of the position to which he was appointed. 305.2 Length An appointment from an employment list or promotional list is not permanent until satisfactory completion of a period of not less than six (6) months nor more than one (1) year. In cases where the probation period is six (6) months, the Department Director may extend the probation period but in no event shall the total probation period exceed one (1) year. Such extensions shall be documented in the manner prescribed by the City Manager. 2. S 305.3 Rejection During Probation During the probation period, or any extension thereof, an employee may be rejected at any time by the Department Director without cause and without the right of appeal. Notification of rejection shall be furnished the employee in writing and a copy shall be retained in the employee's personnel file together with such other forms as may be prescribed by the City Manager. • 306. Attendance • 306.1 Work Week The work week for full time positions, except those listed below, shall be 40 hours. 306.1.1 Fire Department The average work week for Fire Department positions having 12 -hour shifts shall be 56.0 hours. 306.1.2 Refuse Division The average work week for Refuse Crewmen, Refuse Leadmen, and Laborers assigned to the Refuse Division of the General Services Department shall be 44 hours. 306.2 Work Shift For all full time positions except those in the Fire Department, the work shift shall be 8 or 10 hours as determined by the Department Director and approved by the City Manager. For all such Fire Department positions, except those designated by the Fire Chief, the work shift shall be 12 hours. 306.3 Work Schedule The work schedule for each position shall be established by the Department Director. 307. Other Employment A condition of employment with the City of Newport Beach is that all permanent full time and half time appointments are to be the principal employment of employees filling such positions. 307.1 Restrictions Outside or secondary jobs may be permitted permanent employees if such job neither violates the conflict of interest principle nor is detrimental to the City by virtue of association, untoward effects on employee efficiency, or through the introduction of greater exposure to injury or sickness. f 2 Notification Each employee who is working for the City in a permanent full time or half time position and is working or desires to take an outside or secondary job with another employer shall file a notification of outside employment statement with his Department Director indicating: a. The nature of the job. b. The name and address of the firm. c. The number of hours worked each week. d. The work schedule. Department Directors shall forward a copy of the notice to the Personnel Office for retention in the employee's personnel file. Resubmission of such notices shall be required yearly for as long as the employee retains the outside or secondary job. 307.3 Review Department Directors shall review the notification of outside or secondary employment taking into consideration the restrictions imposed by Section 307.1. The California Workmens' Compensation Insurance Manual should be consulted as a guide to relative job hazards when evaluating the possible effects the outside employment might have. If Department Directors feel that such outside or secondary employment or intended employment violates or would violate any of the restrictions imposed by Section 307.1, they shall discuss the possible area of conflict with the employee. In addition, employees should be made aware that if any of the following conditions are found to exist as a result of such outside employment, they shall be subject to whatever action is deemed appropriate by the Department Director or the City Manager: a. An employee's secondary employment is adversely affecting job performance or is in any other way interfering with City employment. b. City owned equipment, supplies, facilities, or uniforms have been utilized while engaging in outside employment. c. The employee is associated with an enterprise which provides or performs a service to the City over which the employee has any regulatory responsibility or influence in the capacity of a City employee. d. The employee solicited in behalf of the enterprise represented in secondary employment during the employees working hours for the City. 308. Performance Evaluation The City Manager shall be responsible for establishing and administering an Employee Performance Evaluation System. 4. 9 • • I m SECTION IV. TRAINING 401. Required Training 401.1 Defined Required training is defined as mandatory attendance by an employee at a formal training course during duty or off -duty time. • 401.2 Limitations • Approval will be limited to those training courses which are required because of the purchase of new equipment or the advent of new technical matter or procedures which would require formal training by the employee. Conventions, seminars, workshops, short courses, institutes, etc., are not included because of the difficulty in establishing criteria which are consistent with those used to evaluate more traditional courses. Employees participating in such programs will continue to use Departmental funds budgeted for that purpose. 401.3 Compensation Employees shall be reimbursed for all necessary expenses incurred while attending a required training course. Payment of overtime and transportation costs will be in accordance with the applicable sections of this Resolution. 401.4 Application Applications for attendance by employees at required training courses will be in the format prescribed by the City Manager and must be approved by the Department Director. 401.5 Approval The City Manager shall determine the necessity for the training course requested and its applicability for funding under this section. 402. Tuition Reimbursement Program 402.1 Objective The objective of the Tuition Reimbursement Program is to encourage employees to participate in off -duty instruction which will be immediately and mutually beneficial to the employees and the City. 5. 402.2 Eligibility 402.2.1 Employees With the exception of Fire Captains, Fire Engineers, and Firemen, all regular full -time employees, performing their duties satisfactorily, are eligible for this Program. The excepted classes are not eligible for tuition reimbursement. 402.2.2 Courses • The following criteria shall be used to determine the eligibility • of courses for tuition reimbursement: a. Courses must be directly related to the duties performed by the employee. b. Courses must have reasonable potential for resulting in savings or more efficient service to the City. c. Courses must be taken at accredited institutions. Correspondence courses from reputable institutions will be considered only when equivalent courses are not available. 402.3 Limitations 402.3.1 Number of Units Except for sworn police classes, reimbursement is limited to six semester units per semester or nine quarter units per quarter. For the excepted classes, reimbursement is limited to $350.00 per fiscal year for each individual. 402.3.2 Courses Courses are not eligible for tuition reimbursement if they: a. Are taken to bring unsatisfactory performance up to an acceptable level. b. Are taken to acquire skills or knowledge which the employee was deemed to have when appointed. c. Duplicate available in- service training. d. Duplicate training which the employee has already had. e. Are part of a work experience program and involve no class room participation. 402.3.3 Grade Reimbursement will be made only for those courses completed with a minimum final grade of "C" or its equivalent in an undergraduate course, or "B" or its equivalent in a graduate level course. No reimbursement shall be made for audited courses or incomplete courses. V. s 4 i 402.4 Application Application for tuition reimbursement shall be in the format prescribed by the City Manager. Prepayment or postpayment of the cost of tuition, text books, and required materials may be requested. No payment shall be made for the expense of travel, parking, meals, normal supplies, or other incidental costs. • 402.4.1 Prepayment • To obtain prepayment of authorized expenses, application must be made at least two weeks prior to the starting date of the course. An itemized list of all expenses for which payment is requested shall accompany the application. Confirmation of the grade received and receipts for all expenses prepaid must be submitted within 60 days after completion of the course. If the employee fails to submit the information required or fails to complete the course satisfactorily, the amount prepaid will be deducted from the employee's next paycheck. 402.4.2 Postpayment To obtain postpayment of authorized expenses, application must be made within 60 days of the completion of a course. Confirmation of the grade received and an itemized list with receipts for all expenses claimed must accompany the application. 402.5 Repayment Upon Termination If an employee leaves the City service within one (1) year after the completion of any course or courses for which reimbursement by the City has been made, the reimbursed cost of such course or courses shall be deducted from the employee's terminal paycheck. 402.6 Approval Authority The City Manager shall be the final approval authority for all requests submitted. Applications must bear the signature of the employee and must be approved by the Department Director. 402.7 Control of Proper All books and other required materials which have been paid for by the City under this program are the property of the City of Newport Beach and shall be turned in by the employee to their Department Director upon completion of the course. Department Directors shall be responsible for establishing and maintaining a system of control for all such books and materials. Employees desiring reimbursement for books shall first determine that the book is not available within their Department. 7• SECTION V. CLASSIFICATION PLAN 500. Preparation of Classification Plan 1 Classification of Positions All positions in the City service shall be grouped into classes. Each class shall include those positions sufficiently similar in duties and responsibilities to require similar standards of education, experience, abilities, and personal traits. 500.2 Preparation and Content of Class Specifications The City Manager shall be responsible for preparing and maintaining class specifications for all positions. When the positions in any class are under Civil Service, the specifications shall be subject to approval by the Civil Service Board. The specifications shall include, but not be limited to, a list of typical duties and a statement of the minimum qualifications required for appointment. It shall be understood that all positions require the ability to follow written and oral instructions; to maintain satisfactory relations with co- workers and the public; and reliability, sobriety, integrity, loyalty, and a record of orderly, law- abiding citizenship. 500.3 Interpretation of Class Specifications All class specifications shall describe typical duties which employees occupying positions in the class may properly be required to perform. Class specifications are explanatory, but not restrictive. The listing of particular tasks shall not preclude the assignment of others of related kind or character or requiring lesser skills. Adoption of Classification Plan Classes of positions in the Classification Plan shall be established and listed by Resolution of the City Council. 502. Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the Classification Plan. At least annually, the City Manager shall direct a review of the existing Classification Plan to insure that it is effectively maintained and that it reflects any significant changes in duties and responsibilities of positions. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classified service are involved. No reclassification of a position shall be made without the prior knowledge of the employee in the position. Em 1. e • • SECTION VI. COMPENSATION PLAN 600. Preparation The City Manager shall be responsible for the preparation of a Compensation Plan following City Council approval of any adjustments in wages, fringe benefits and other matters related thereto. • 601. Content • The Compensation Plan shall establish salary ranges and salary rates, allocate classes thereto, and provide for special compensation provisions. 602. Salaries and Special Compensation Provisions The provisions of the following sections pertaining to salary upon appointment, merit advancements within salary ranges, and compensation for overtime shall not pertain to Department Directors and key personnel positions which are designated by the City Manager. Such employees may be advanced within salary ranges at the discretion of the City Manager. Department Directors and key personnel shall not be eligible for paid overtime; however, compensatory time off for work beyond the normal work week may be granted at the discretion of the City Manager or Department Director. 602.1 Salary Upon Appointment Except as otherwise provided herein, all new employees shall be compensated at the entry rate of the salary range in effect for the class in which appointment is made. 602.1.1 Appointment at Advanced Rate The City Manager may authorize appointment of new employees at a higher rate in the salary range when he determines that there is a direct and measurable benefit to the City for such appointments. Factors to be considered include: The quality and quantity of the appointee's previous training and experience; the difficulty in recruiting qualified, experienced applicants; and a determination that the performance of the appointee has a significant impact on City or departmental programs and policies. 602.1.2 Reemployment of Permanent Employees On written recommendation of the Department Director and approval by the City Manager, a former employee may be reemployed in the class of position he occupied at the time of his termination irrespective of the existance of an open or promotional employment list for the class, subject to the following conditions: 02 a. There must be a vacant position in the class and no reemployment lists for such class. b. The employee must have completed at least one year of continuous service in the class immediately prior to termination. c. Termination of City employment was under favorable conditions. d. The reemployment occurs within one year after termination of City employment. e. The employee may be required to serve a probation period. f. The employee may be required to take a medical examination at his own expense and as prescribed by the City Manager. 602.1.2.1 Compensation The compensation of a former City employee who is reemployed in the class of position occupied at termination shall be as determined by the City Manager. There shall be no reinstatement of any benefits or seniority accrued during the previous employment period. 602.1.3 Reemployment of Temporary and Seasonal Employees The City Manager may authorize compensation at any rate within the salary range for persons reemployed for temporary or seasonal service. Merit Advancement Within Salary Ran 602.2.1 General Salary increases within a range shall not be automatic. They shall be based on merit and granted only upon affirmative recommen- dation of the Department Director and approval by the City Manager. 602.2.2 Effective Date All merit advancements shall be effective on the first day of the first pay period following the eligibility date. 602.2.3 Completion of Initial Working Period Upon satisfactory completion of the initial six month working period, as evidenced in writing by the Department Director, the City Manager may authorize advancement of an employee to the next higher rate in the salary range. 602.2.3.1 Merit Advancement Eligibility Date The date on which an employee becomes eligible for consideration for further merit advancements within the salary range shall be determined by the date of appointment and the month in which the initial advancement was received. Such eligibility date shall be determined by the Personnel Department for all employees and furnished to each Department. 10. • • 602.2.4 Annual Merit Advancements Regular appointees who demonstrate progressively improved performance shall earn eligibility for annual merit advancements within the salary range based on their eligibility date. Upon recommendation by the Department Director, the City Manager may authorize advancement of an eligible employee to the next higher rate in the salary range. • 602.2.5 Temporary and Seasonal Employees Temporary and seasonal employees shall not be eligible for merit • increases within the salary range except for those classes of positions approved by the City Manager. 602.2.6 Permanent Appointment from a Temporary Status Notwithstanding the other provisions of this Resolution, a temporary appointee in a class who, without a break in service, receives a probationary appointment to a position in the same class shall be eligible for consideration for a merit salary advance after six months of satisfactory service, including his temporary service, as evidenced by the Department Director and approved by the City Manager, and shall accrue leave benefits from the date of the temporary appointment. The employee shall acquire a merit advancement eligibility date on such advance and shall earn eligibility for subsequent annual merit advances in accordance with Section 602.2.4 herein. The salary advance provision of this Section shall not apply when a temporary appointee in a class receives, without a break in his continuous City service, a probationary appointment to a position in a different class having a higher salary range. The merit advancement date of such appointee shall be as specified in Section 602.2.3 herein. The employee's probation period shall commence with the date of the probationary appointment. Satisfactory completion of such probation period shall be on written recommendation of the Department Director and approval of the City Manager. 602.3 Compensation on Promotion A regular or probationary employee who is promoted to a position in a class with a higher salary range shall be compensated at the entry rate of the higher salary range, or at the rate within the higher salary range which would provide a minimum of 5 percent or a maximum of 7.5 percent above the base rate the employee was receiving prior to promotion, whichever is greater. 11. 602.4 Compensation on Demotion 602.4.1 Involuntary Demotion 602.4.1.1 Unsatisfactory Performance An employee who is involuntarily demoted to a position in a class with a lower salary range because of unsatisfactory performance shall have his salary rate reduced to the entry • rate of the class to which he is demoted and will be required to serve a probationary period unless he had previously been promoted from the lower class. If promoted, the employee • will be compensated at the same rate he was receiving prior to his promotion and will be returned to the same probationary/ regular status he had prior to his promotion. 602.4.1.2 Other Than Unsatisfactory Performance An employee who is involuntarily demoted to a position in a class with a lower salary range for any reason other than unsatisfactory performance shall have his salary reduced to any rate in the lower salary range that does not constitute an increase in salary, shall retain his original salary anniversary date, and may be required to serve a probationary period. Determination of the appropriate salary rate and probationary status will be made by the Department Director. 602.4.2 Voluntary Demotion An employee who is demoted at his own request to a position in a class with lower salary range shall have his salary reduced to any rate in the lower salary range that does not constitute an increase in salary. Determination of the appropriate salary rate and probationary status will be made by the Department Director. 602.4.2.1 Y -Rated If an employee is Y -rated and requests a voluntary demotion his salary shall be reduced by at least the amount of the difference between the maximum salary of the class from which he is being demoted and the maximum salary of the new class. 602.5 Compensation on Position Reclassification The salary rate of an employee in a position that is reclassified shall be determined as follows: 602.5.1 Class with Same Salary Range If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate of the employee shall not change;,: ;,This provision shall also apply to a change of class title, provided there is'not a change in the basic duties of the position. 12. • 602.5.2 Class with Higher Salary Range If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, the incumbent shall be compensated at the same relative position in the new salary range as held in the previous salary range. 602.5.3 Class with Lower Salary Range If the position is reclassified to a class with a lower salary range than the previous class and if the incumbent is appointed to the reclassified position, his salary rate shall not change. If his salary is greater than the maximum rate of the lower salary range, his salary shall be Y -rated and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee. 602.6 Compensation for Acting Appointments Subject to the following limitations, an employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which he is normally assigned shall receive the entrance salary rate of the higher salary range, or the rate within the higher salary range which would provide a minimum or 5 percent or a maximum of 7.5 percent higher than the rate he normally receives, whichever is greater. 602.6.1 Limitations a. The acting appointment must be to a position in a higher class occupied by a permanent employee on suspension or on an authorized leave of absence; or to a position for which a vacancy exists. b. The written approval of the City Manager shall be required. c. The employee must serve the minimum number of hours indicated below in the higher class at his normal rate of pay prior to being compensated at a higher rate. Scheduled Work Week Minimum Hours 40 120 44 132 56 192 With the exception of Fire Department employees assigned to a 56.0 hour work week, after an employee has worked the minimum required hours in the higher class, he shall be compensated at the higher salary rate retroactively to the 40th or 44th hour (depending on the scheduled work week) of such acting appointment. Any subsequent acting appointments of less than a normal work week shall not be compensable at a higher rate. d. With the exclusion noted in paragraph 602.6.2 which follows, Fire Department employees assigned to a 56.0 hour work week shall be required to serve the minimum hours specified in c. above; however, after serving the minimum hours, they shall be compensated at the higher salary rate retroactively to the 72nd hour of such acting appointment. Any subsequent acting appointments of less than normal work week shall not be compensable at a higher rate. 13. 602.6.2 Exclusions A Fireman serving in an acting capacity as a Fire Engineer shall be compensated for all time spent in such acting capacity at the salary rate he would have received had he been promoted to the Fire Engineer position. Such higher compensation shall be paid only to those Firemen who have been certified by the Fire Chief as qualified on the apparatus to which he will be assigned in the acting capacity. 602.7 Compensation for Overtime (The constitutionality of the Fair Labor Standards Act of 1974 is now being reviewed by the U.S. Supreme Court. A temporary restraining order was issued by the Court on December 31, 1974, which enjoined the Department of Labor from applying the Act to cities pending a decision by the Court on the Act's constitutionality. Until the issue is settled, the provisions of the Fair Labor Standards Act shall apply to all employees in the City who were covered by the Act from May 1, 1974, to December 31, 1974. Informational bulletins have been published which set out in detail the requirements for payment of overtime. Should the Supreme Court find that the Act is unconstitutional and not applicable to local governmental agencies, the policies concerning overtime which are detailed below shall apply on the date such a finding is issued.) 602.7.1 Normal Overtime The provisions of this Section pertain to all employees except Police Department personnel assigned to the Detective Division. 602.7.1.1 Defined Normal overtime is defined as any scheduled work time in excess of the basic work shift except incidental overtime which is defined below. 602.7.1.2 Compensation Except as otherwise provided herein, normal overtime for all employees except those in the Police, Fire, and Marine Departments, shall be converted to compensatory time off at one - and - one -half times the normal rate or paid at the hourly equivalent of the employee's biweekly salary rate. For the excepted employees, normal overtime shall either be paid at the hourly equivalent of the employee's biweekly salary rate or granted as equivalent compensatory time off. In all cases, the method of compensation shall be at the discretion of the Department Director. Reporting of overtime on payroll forms will be as prescribed by the Finance Department. 14. • • • • 602.7.2 Special Overtime The following provisions shall apply to all full time regular and probationary employees, except Fire Department personnel on 12 -hour shifts and Police Department personnel assigned to the Detective Division. 602.7.2.1 Standby Duty a. Defined (1) To be ready to respond immediately to calls for his service; (2) To be reachable by telephone; (3) To remain within a specified distance from his work station; and (4) To refrain from activities which might impair his ability to perform his assigned duties. b. Compensation Standby duty shall be compensated at the rate of 1 hour of overtime compensation for each 8 hours of such duty. Such compensation on holidays shall be at the rate of 2 hours of overtime compensation for each 8 hours of standby duty. Should the employee be required to work while on standby status, the provisions pertaining to compensation for call -back pay shall apply for the actual period of time the employee is in a work status. 602.7.2.2 Call Back Duty a. Defined Call back duty requires the employee to respond to a request to return to his work station after he has completed his normal work shift and after he has left his normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call back duty. b. Compensation All personnel eligible for overtime pay excluding Fire, Police, and Marine personnel, shall be guaranteed two (2) hours pay, or pay for one - and - one -half times the number of hours worked, whichever is greater. For the excepted personnel, such overtime shall be paid at the hourly equivalent of the employee's biweekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Finance Department. 15. 602.7.3 Fire Department Personnel on 12 -Hour Shifts Fire Department personnel on 12 -hour shifts shall receive over- time compensation as follows: 602.7.3.1 Shift Hold -Over If an employee is required to work an extra 12 -hour shift, or one or more hours thereof, because of the absence of another • employee assigned to that shift, such overtime shall be compensable at the hourly equivalent of his biweekly salary based on a 56.0 hour week or by equivalent compensatory time • off. The method of compensation shall be at the discretion of the Department Director. 602.7.3.2 Standbv Dut An employee who is required to return to work during his off duty hours for standby duty, as distinguished from actual firefighting or similar emergency, shall be compensated at the same rate as employees on shift hold -over. 602.7.3.3 Fire or Similar Emergency If an employee who is not on standby or shifthold -over is required to return to work or to continue on duty during his off -duty hours for actual firefighting or similar emergency designated by the Department Director, he shall receive a minimum of three (3) hours overtime compensation for the first hour and one (1) hour overtime compensation for each hour thereafter. Such overtime compensation shall be at the hourly equivalent of his biweekly salary based on a 56.0 hour work week or equivalent compensatory time off. The method of compensation shall be at the discretion of the Department Director. 602.7.4 Police Department Personnel in Detective Division Police Department personnel assigned by the Police Chief to the Detective Division, except the clerical staff, shall not be eligible to receive paid overtime compensation for service in the Detective Division unless recommended by the Police Chief and approved by the City Manager. At the discretion of the Police Chief, however, they may take compensatory time off for unusual amounts of overtime worked. A flat rate for each pay period to cover normal overtime worked shall be specified by the City Council and added to their salaries. All expenses incurred in and directly related to the performance of their City duties shall be reimbursable. 16. • 602.7.5 Miscellaneous Provisions 602.7.5.1 Court Time Employees who are required to appear in court during their off duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. 602.7.5.2 Overtime Durinq Off -Duty Hours Police and Fire personnel assigned by the Department Director to work as police officers or firemen during their off -duty hours for private employers shall receive paid overtime compensation at the hourly rate specified in the Compensation Plan. 602.7.5.3 Temporary and Seasonal Employees Other employees, except paid call back firemen, shall be paid at the hourly rate established for their class based on the number of hours actually worked. 602.7.5.4 Accumulation of Compensatory Time Off Accumulated overtime must be taken off or paid for no later than December 31st of each year. 602.7.5.5 Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than one -half hour that is non - recurrent. b. Compensation Incidental overtime is not compensable. 602.8 Jury Duty No deduction shall be made in the salary of an employee who serves on a jury if he has remitted to the City the fee paid to him for such service. If the employee chooses to retain the jury fee, he will be charged compensatory time off, vacation time or be placed on a leave without, pay status, accordingly, for the time spent on jury duty. An employee accepted for jury duty shall immediately notify his Department Director in writing whether or not he shall remit his jury fee to the City and, if not, his status while per- forming such jury duty. 17. 602.9 Witness Fees No deduction shall be made in the salary of an employee who is subpoenaed to testify in a judicial or quasi - judicial proceeding as a material or expert witness if he remits to the City any fee received for being a witness. If the employee chooses to retain the witness fee he will be charged compensatory time off, vacation time, or be placed on a leave without pay status, accordingly, for the time spent testifying. If the employee incurs personal mileage expenses while appearing as a witness, he may retain that portion of the witness fee attributable to mileage and remit the difference to the City. An employee subpoenaed to appear pursuant to an • official subpoena shall immediately notify his Department Director in writing whether or not he shall remit the witness fee to the City and, if not, his status while serving as a witness. In addition, employees served with subpoenas shall notify the City Attorney's Office immediately upon being. served. 602.10 Use of Private Vehicl Employees are authorized compensation for use of their private vehicles while traveling on City business. Within a radius of one hundred (100) miles, reimbursement will be made at the rate of thirteen (13) cents per mile for the actual business mileage travelled. Beyond the one hundred (100) mile radius, reimbursement will be made at air coach fare,.economy class fare, or thirteen (13) cents per mile, whichever is the least expensive. SECTION VII. ATTENDANCE AND LEAVES OF ABSENCE Attendance Employees shall be in attendance in accordance with the provisions of this Resolution governing hours of work, leaves and holidays. All departments shall maintain daily attendance records for employees which shall be reported to the Finance Department on the forms and dates specified by the Finance Director. 701. Anniversary Date For the purpose of computing entitlement to vacation and sick leave accrual, an employee's continuous service shall be based on the effective date on which he received his initial probationary appointment to the City service. Such date shall be the employee's anniversary date for vacation and sick leave purposes, subject to the provisions contained herein. no • Vacation Leave 702.1 Purpose The purpose of vacation will enable the employee refreshed. 702.2 Eligibility leave is to provide a rest period which to return to work physically and mentally All employees shall be entitled to accrue vacation leave with pay except the following: a. Employees having temporary, seasonal, or less than half time appointments. b. Employees on leave of absence without pay or suspension without pay. 702.3 Basis for Accrual 702.3.1 Full Time Employees Employees entitled to vacation leave with pay shall accrue such leave based on years of continuous service and the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedule: Years of Hours in Normal Work Week Continuous Service 40 44 (Average) Accrual Der Month (Hours 0 but less than 5 8.0 8.80 5 but less than 9 9.33 10.26 9 but less than 13 10.67 11.73 13 but less than 17 12.00 13.20 17 but less than 21 13.33 14.67 21 but less than 25 14.67 16.14 25 and over 16.00 17.60 FIRE DEPARTMENT (PERSONNEL WORKING AN AVERAGE 56.0 HOUR WEEK) 0 but less than 5 12 Hours 5 but less than 10 14 Hours 10 but less than 15 16 Hours 15 but less than 20 18 Hours 20 and over 20 Hours 702.3.2 Part-Time Employees An employee having a probationary, regular or acting appointment that is less than full time but is half time or more shall accrue vacation leave with pay at the rate of one half the amount earned by a full time employee. 19. 702.4 Limit on Accumulation Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each year with the following exception: With the approval of the Department Director, an employee may accrue vacation days in excess of the two year limit provided all such excess accumulation is taken by March 31st of the following year. Method of Use Vacation may not be taken in excess of that actually accrued and in no case may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration whenever possible the seniority and wishes of the employee. Vacation leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. 702.6 Terminal Vacation Pay Any employee who has accrued vacation leave, who has completed his initial probationary period, and whose employment terminates shall be compensated for such accrued vacation based on the hourly equivalent of the salary he was receiving at the time of his termi- nation. An employee who terminates while serving a probationary period in a position to which he has been promoted shall receive terminal vacation pay based on the hourly equivalent of the salary he received immediately prior to his promotion, provided he had successfully completed a probation period in the position from which he was promoted. An employee who has not completed a probation period in at least one position shall not receive terminal vacation pay. 702.7 Holidays Occuring During Vacation In the event one or more holidays observed by the City falls within the period an employee is on vacation leave, such day or days shall not be charged against the vacation accrual. 702.8 Vacation Anniversary Date Changes Any leave of absence without pay or suspension without pay shall result in a new vacation anniversary date. Such date shall be based on the employee's original vacation anniversary date plus the number of consecutive days of the leave of absence or suspension. 20. • • 703. Sick Leave 703.1 Defined As used in this Resolution, sick leave means the necessary absence from duty of an employee because of: a. Non - occupational injury or illness. • b. Medical or dental examination or treatment, by a licensed practitioner,when such absence during working hours is authorized by the Department Director. • c. Exposure to a contagious disease when quarantine is imposed by health authorities or when it is determined by the City Physician that the presence of the employee on duty would endanger the health of others. d. A physical impairment which, in the opinion of the Department Director, might place the employee in the position of further endangering his well being if returned to work. e. Pregnancy, delivery, and recovery therefrom. 703.2 Eligibility Probationary and regular employees are eligible to accrue sick leave with the following exceptions: a. Employees having temporary, seasonal, or less than half time appointments. b. Employees on leave of absence without pay or suspension without pay. 703.3 Basis for Accrual 703.3.1 Full Time Employees Eligible employees shall accrue sick leave based on the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedule: Hours in Normal Accrual per Work Week Month 4o 8.00 Hours 44 8.80 Hours 56.0 12.00 Hours 703.3.2 Part Time Employees An employee having a probationary, regular or acting appointment that is less than full time but is half time or more shall accrue sick leave at the rate of one half the amount earned by a full time employee. 21. 703.4 Method of Use 703.4.1 General Sick leave may not be taken in excess of that actually accrued. An employee serving his initial probation period is eligible to use his accumulated sick leave provided that if for any reason his City employment is terminated prior to the completion of such probation period, his final paycheck shall be reduced by • the value of the sick leave he has taken. Sick leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. 703.4.2 Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 703.1. The Department Director may require a physician's certification or other evidence of the adequacy of the reason for the employee's absence during the period for which sick leave was requested. 703.4.3 During Vacation Leave An employee who is admitted to a hospital or confined to bed under medical orders while on vacation leave may have the period of illness charged to his accumulated sick leave instead of vacation leave under the following conditions: a. Immediately upon return to duty the employee submits to his Department Director a written request for sick leave and a written statement signed by his physician describing the nature and dates of illness and the period of disablement. b. The Department Director recommends and the City Manager approves the granting of such sick leave. 703.4.3 During Holidays Sick leave shall not be applied to absences which occur on a day designated as a City Holiday. 703.5 Abuse of Sick Leave Sick leave is a privilege granted to employees and abuse of this privilege will neither be tolerated nor condoned. Department Directors will be responsible for controlling the use of sick leave by employees to the extent of requiring physician's certifi- cations or other evidence of illness, injury, appointments, etc. If the Department Director does not consider the evidence adequate, he shall disapprove the request for sick leave, and indicate on the proper forms that such absence shall be absence without leave and shall be uncompensated. 22. • Additional disciplinary measures, including dismissal, may be imposed by the Department Director when any employee fraudulently obtains sick leave or abuses the sick leave privilege. 703.6 Extended Sick Leave 703.6.1 General On written request of the employee and recommendation of the Department Director, the City Manager may authorize a leave of absence without pay for the purpose of recovering from an illness or injury provided: a. The employee has used all his accumulated sick leave. b. The employee furnishes to the Department Director a certification from the attending physician stating the nature of the illness and an estimate of the time needed for full recovery. 703.6.2 Employees not Covered by Disability Insurance Employees who have elected not to participate in the City's Disability Insurance Plan may request utilization of accrued vacation leave or compensatory time off after exhaustion of accrued sick leave in lieu of leave of absence without pay. If approved by the Department Director, the employee shall be reported on the proper payroll forms in the appropriate status until exhaustion of such vacation leave and compensatory time off. Requests for leave of absence without pay to cover any further period of extended illness or injury will be in accordance with Section 703.6.1 703.6.3 Employees Covered by Disability Insurance Employees participating in the City's Disability Insurance Plan shall meet all provisions of the terms of the policy regarding use of sick leave. Requests for leave of absence without pay to cover the period of extended illness or injury will be in accordance with Section 703.6.1. Employees may request partial use of accrued vacation and compensatory time off to offset any loss of pay while on disability insurance. 703.6.4 Maximum Period The normal period of such leave of absence without pay shall be a maximum of three calendar months. There may be only one extension and it may be for only three calendar months unless in the judgment of the City Manager, a further extension would be justified in terms of the employee's training and experience, the specialized duties of his position, and the length of time the City can reasonably afford to fill the position on a temporary basis or not have the duties performed. 23 703.6.5 Return to Duty Prior to resuming his duties the employee may be required to submit to a physical examination at his expense and as prescribed by the City Manager. The employee's personnel record and the results of such examination shall be considered by the City Manager in determining the employee's fitness to return to work. 703.7 Payment for Unused Sick Leave Upon paid retirement, termination in good standing, or death, an • employee or his estate shall be paid for a percentage of the • employee's first 100 days of unused sick leave in the amount computed as provided below: Years of Service Percent of Unused Sick Leave Paid For Less than 10 None 10 but less than 15 25% 15 but less than 20 37.5% 20 or more 50% Years of service as defined herein shall mean full time continuous service in a regular position with the City of Newport Beach. Employees who are allowed to resign in lieu of dismissal will not be considered to be terminated in good standing and will not be eligible for compensation. 703.8 Sick Leave Anniversary Date Changes The provisions of this Resolution applicable to vacation anniversary date changes arising from the granting of a leave of absence without pay or suspension without pay shall also apply to sick leave anniversary dates. 704. Holiday Leave Subject to the provisions contained herein, the following days shall be observed as paid holidays by all employees in permanent positions except Police personnel, Fire personnel on 12 -hour shifts, personnel whose days off are other than Saturday and Sunday, and other personnel whose work assignments, in the judgment of the Department Director, require their presence on the job. For each designated holiday such excepted personnel shall receive an extra day of vacation or equivalent pay whichever in the judgment of the Department Director best serves the interest of the Department. 24. • Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Friday Following Thanksgiving Christmas Eve Christmas Day New Year's Eve New Year's Day Washington's Birthday Memorial Day July 4 1st Monday in September 2nd Monday in October 4th Monday in October 4th Thursday in November Last Half of Working Day December 25 Last Half of Working Day January 1 3rd Monday in February Last Monday in May With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on Sunday, the following Monday will be observed instead. If Christmas Eve or New Year's Eve occurs on Saturday or Sunday, the employee shall receive one -half a vacation day for each holiday added to his accumulated total. When any other designated holiday occurs on Saturday, the employee shall receive an additional vacation day added to his accumulated total. In addition to the designated holidays listed above, other days or portions of days may be authorized by official proclamation of the Mayor. The Mayor may take such action to coincide with special holidays declared by the President of the United States, the Governor of the State of California, or when, in the opinion of the Mayor, a significantly important local event merits such action. 705. Bereavement Leave 705.1 Defined The necessary absence from duty by an employee having a regular or probationary appointment because of the death of a member of his immediate family or because his attendance is needed to attend to the critical illness of a member of his immediate family where death appears imminent. 705_.1.1 Immediate Family For the purposes of this Section, immediate family shall mean father, mother, brother, sister, wife, husband, or child. 705.2 Maximum Allowed Such leave shall be limited to five (5) working days per calendar year. The limit for Fire Department personnel on 12 -hour shifts is seven and one -half (7.5) shifts. 25. 705.3 Probationary Employees An employee serving his initial probation period who takes leave under this Section and who for any reason terminates his City employment prior to the completion of such probation period shall have his final paycheck reduced by the value of the leave he has taken. 706. Maternity Leave • 706.1 Notification In all cases of pregnancy, the employee shall furnish the City a • statement from her physician giving the anticipated date of delivery and the opinion of the physician as to her ability to perform her normal work assignment. 74.1, Status of Employee 706.2.1 Regular Duty A pregnant employee may work as long as, and return to duty as soon as, in the opinion of her attending physician and a City designated physician, she is physically able to perform the duties of her position. 706.2.2 Sick Leave Employees who become pregnant are authorized to use accrued sick leave for absence necessitated by such pregnancy, delivery or recovery therefrom. .2.3 Extended Sick Leave Pregnant employees may request leave of absence without pay upon depletion of accrued sick leave in the same manner as that prescribed in Paragraph 703.6. 707. Leave of Absence with Pay 707.1 Defined The absence of an employee frpm his regular work area, for reasons other than physical illness or injury or mental illness, during which he continues to receive his regular salary and entitlement to all benefits. Regular work area is defined as the geographical area to which the employee is typically and appropriately assigned to work during the usual course of employment. 707.2 Applicability The provisions of this Section shall apply only to those employees who are entitled to receive leave with pay. 26. 707.3 Authorization Upon written recommendation of the Department Director, the City Manager may authorize leave of absence with pay for a period or periods not to exceed 180 calendar days in a calendar year for purposes which: a. Contribute to the employee's effectiveness in his assigned • duties and responsibilities; and b. Are deemed to be beneficial to the City. • 708. Leave of Absence Without Pay 708.1 Defined The authorized absence of an employee from his regular work area during which his regular salary and entitlement to all benefits are discontinued. 708.2 Applicability The provisions of this Section shall apply only to those employees who are entitled to receive leave with pay. 708.3 Authorization Upon written recommendation of the Department Director, the City Manager may authorize leave of absence without pay for a period or periods not to exceed 180 calendar days in a calendar year for purposes which are deemed to be beneficial to the City. 4 Extension of Sick Leave Requests for leave of absence without pay to extend sick leave or maternity leave will be governed by the procedures established in Sections 703.6 and 706. 708.5 Limitations a. Other than for the purpose of extending sick leave or maternity leave, no leave of absence without pay will be granted unless the employee has first used all accrued vacation leave and compensatory time off. b. Should an employee terminate while on leave of absence without pay any compensation due the employee will be computed on the base rate of pay he was receiving at the time he began his leave of absence. 27. 708.6 Return to Duty An employee must give two (2) weeks notice prior to the date on which he will return to work. If the employee does not give two (2) weeks notice, the Department Director shall not be required to return the employee to duty until two (2) weeks after the employee has given such notice. 708.7 Changes in Anniversary Dates Anniversary dates for the purpose of salary advancement, vacation and sick leave accrual, retirement and any other benefits affected shall be extended by the amount of leave taken or by whatever time is required by law. 709• Military Leave An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the State of California Military and Veterans Code (Section 395 et seq). An employee requesting such military leave shall present a copy of his military orders to his Department Director prior to the beginning of the leave. 0. Absence Without Leave An employee who is absent from duty shall report the reason for such absence to his Department Director or immediate supervisor prior to the date of expected absence whenever possible and in no case later than two hours after the beginning of his normal work shift. Absences not so reported will be considered absence without leave and will be so designated on the proper payroll forms. SECTION VIII. ON- THE -JOB INJURY 801. Medical Attention Whenever an employee sustains an industrial injury or disability arising out of, and in the course of, City employment, and requires medical treatment, the employee shall be referred to an appropriate facility or doctor based on the nature and extent of the injury or disability. The City Manager will establish a Medical Panel of Doctors specifically to insure prompt treatment of employees under such circumstances and to facilitate efficient reporting and recording of the City's accident and injury experience. In the event Panel Doctors are unavailable, which may be the case during the weekends and after normal working hours, industrial injury victims may be taken to a hospital facility. 28. • An employee may, at his request, be afforded one change of physicians from the Medical Panel of Doctors. In addition, the employee may request that a chiropractor be included on the Panel for his selection after he has seen one of the physicians on the original Panel of Doctors. Requests for such changes shall be directed to the Personnel Department. An employee may provide, at his own expense, a consulting or attending • physician. Employees who refuse assigned Panel Doctors in favor of doctors of their own choosing shall come within the scope of this latter provision. . 801.1 Emergency If the injury or disability is of a serious and urgent nature and requires emergency medical treatment, the employee shall be referred or transported to the nearest emergency treatment facility, generally, the Emergency Room at Hoag Hospital. 801.2 Non - Emergency If the injury or disability is not of a serious and urgent nature and would require only normal medical treatment, the employee shall be referred to the nearest appropriate doctor as specified on the City Manager's Panel of Doctors. 801.3 First Aid Referral of an employee for medical treatment will not be necessary in cases where the injury is of such a minor nature that ordinary first aid treatment will suffice. 802. Industrial Accident Reporting Procedure In the event of injury to an employee which has arisen out of, and in the course of his City employment, the employee's immediate super- visor or superior shall investigate the contributing factors causing the injury and shall initiate the accident reporting forms authorized by the City Manager for this purpose. Reports of injury shall be completed immediately upon notice of such injury. Notice of injury will have been effected when the injured employee or other persons in his behalf, have reported the injury to his supervisor or other appropriate superior. Employees are expected to report job - related injuries at the time they occur. Failure of compliance with the time limitations specified in Section 5400 of the California Labor Code, and wherein the City has been misled or prejudiced by such failure, industrial leave may be denied. 29• 802.1 Reports of Injury Reports of injury will be completed in cases where: a. Injury to an employee occurs requiring treatment by a doctor. b. An accident occurs which may have resulted in serious injuries had an employee been more closely involved. c. Ordinary first aid has been administered and appears to be sufficient treatment but the liklihood of further complications, • e.g., infections, exists or the injured employee insists on seeing a doctor. d. No apparent injury has resulted but the employee involved • feels he should see a doctor or in the judgment of his supervisor an employee should be treated by a doctor. 802.2 Fatal or Serious Iniuries Fatal or serious injuries shall be reported immediately by telephone to the Personnel Department which in turn will insure compliance with Section 6408 of the California Labor Code regarding special procedures in such cases. In the event such fatal or serious injuries occur after normal working hours or on weekends, supervisors will notify the Personnel Department at the earliest possible time on the next normal work day. 802.3 Doctor's Referral Sli An employee, whose job- related injury was of such severity as to warrant treatment by a doctor, shall not be permitted to return to his job or any other job within the City, until he has presented to his supervisor, a properly authenticated doctor's referral slip, or other acceptable assurance indicating his physical health will not be endangered further in the performance of his regular duties or other duties to which he may be assigned. An employee who has returned to work following recovery from a job - related injury and later requires additional time off due to incapacitation arising from an original injury, shall be returned to his doctor of record by way of referral slip or other forms authorized by the City Manager. Industrial accident leave, as defined below, will not be granted for intermittent time off unless incapacitation has been confirmed as outlined above. 802.4 Distribution of Industrial Injury Report Forms 802.4.1 Oriqinal The original of the report shall accompany the injured employee to the assigned panel doctor as a referral slip. Referral slips should be retained by the doctor until the employee is released to resume work at which time it shall be the employee's obligation to obtain his completed referral slip and return this record to his supervisor, prior to being permitted to return to work. After noting qualifying comments'by the doctor, if any, the referral slip shall be forwarded to the Personnel Department where it will become a part of the employee's permanent record. 30. • • 802.4.2 Supervisor's Co One copy shall be retained by the originating supervisor as a continuing record of accidents /injuries among his employees. 802.4.3 Personnel Office Copy One copy shall be forwarded to the Personnel Dept. immediately. The Personnel Dept. shall ensure compliance with the California Labor Code regarding reporting of industrial accidents. 802.5 Immediacy of Treatment The relief of pain and suffering shall not be delayed for the sake of completing accident report forms. Under such circumstances, the above procedures shall be accomplished as soon as feasible after treatment has been obtained. 803. Industrial Accident Leave 803.1 Defined Industrial accident leave is defined as the necessary and author- ized absence from duty by an employee because of an injury or disability which has arisen out of, and in the course of, employment with the City. 2 Amount of Leave 803.2.1 Full -Time Probationary and Regular Employees The following schedule shall be applicable to all full -time probationary and regular employees except Police and Fire personnel covered by the provisions of Section 4850 of the California Labor Code. Amount of Employee's Continuous City Service At least one day but less than six months At least six months but less than five years Five years and over .2.2 Police and Fire Personnel Maximum Industrial Accident Leave 20 working days 6 calendar months 1 calendar year Such personnel whose duties clearly place them within the scope of Section 4850 of the California Labor Code shall receive industrial accident leave to the extent provided for in the law. 31. 803.2.3 Part -Time Employees An employee having a probationary, regular, or acting appoint- ment that is less than full time but half time or more shall be entitled to a maximum of twenty (20) working days of industrial accident leave. 803.2.4 Temporary and Seasonal Employees Temporary and seasonal employees and those employees whose • appointment is less than half time, including those employees assigned to the Police and Fire Departments who are not clearly • within the scope of Section 4850 of the California Labor Code, shall not be entitled to industrial accident leave. Entitlement to Workmens Compensation benefits under the laws of California will be unaffected by this provision. 803.3 Compensation An employee on authorized industrial accident leave shall, during such absence, receive that portion of his normal salary, which, when added to temporary disability benefits payable under the provisions of the Workmens Compensation Laws of California equal his normal salary provided: a. He is entitled to receive benefits within the scope of such law, and; b. The City's liability for payment of such portion shall be limited to the maximum periods specified in Section 803.2. 803.4 Extended Industrial Accident Leave An employee who continues to be disabled or ill after he has used all entitlements to industrial leave as specified in Section 803.2 may be granted, at the discretion of his Department Director, such portion of accrued sick leave necessary to assure receipt of the equivalent of his full salary. 803.4.1 Limitation Sick leave will not normally be granted to extend industrial accident leave when it is evident that the employee will be incapable of performing the duties of the position to which he was assigned. If the employee is eligible for immediate retirement under the provisions of the Public Employees Retire- ment System then, in the interest of the employee, the Department Director may place the employee in sick leave status until retirement is effected, or expiration of sick leave, whichever is sooner. 32. tveiems 803.5 Usf* aefW Compensation Benefits Employees who have expended the maximum industrial accident leave allowance plus sick leave extensions, if any, and continue to be temporarily disabled shall, barring recourse to other provisions of this Resolution, cease to r v ��plemental wages under this Section. Entitlement to IA WC benefits will be unaffected. • 803.6 Extension of Benefits • Employees whose appointments provide them vacation, holidays, and sick leave shall continue to accrue such benefits and to earn eligibility for consideration for merit salary advancements during an absence resulting from injuries arising out of or in the course of City employment, provided such employ e�nntitled to temporary disability benefits under the�a�cie�Aompensation Laws of the State of California. 803.7 Availability of Personnel Employees on industrial accident leave must remain in the immediate area of their residence while recovering from job- related injuries and must be available for any appointments or consultation as may be required by the City or any other authorized agency. 803.8 Appeals Board Appearances Any employee who does not regain his pre- injury condition following recovery from an injury sustained in the course of his City employment but instead is permanently disabled to a measurable degree, even though the existance of disability is hj,,��� pin alone, has the right to apply for a hearing before the Compensation Appeals Board, and to receive a determination as to the extent of permanent disability if any. The time off necessary to appear at his Appeals Board Hearing at the time it is scheduled shall be provided the employee by his Department Director. Time off for this purpose will be considered industrial leave. GJ dit/16Ry Notices of hearings before the : , Flc,- R Comepnsation Appeals Board will be distributed to the appropriate Department Director by the Personnel Dept. as they are received. The Department Director or his designated representative will attend the Appeals Board Hearings of employees assigned to their Departments. 33. SECTION IX. DISCIPLINARY CODE 900. General The tenure of every City employee shall be based on reasonable Standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with due consideration to the employee's prior • performance record. The provisions of this Section shall constitute the City's Disciplinary code. In the event of a conflict between these provisions and civil service law when an employee has regular status in the Civil Service System, the civil service law shall prevail. 901. Disciplinary Procedure The following procedure shall be followed when, in the judgment of the Department Director, an employee has committed an act or omission that justifies the disciplinary action indicated. The grounds for such disciplinary action shall be limited to incom- petency, inefficiency, dishonesty, misconduct, insubordination, or failure to observe departmental or City rules and regulations. 901.1 Reprimand If the reprimand is in writing the employee shall receive a copy thereof. The Department Director shall forward a copy to the City Manager's Office for retention in the employee's personnel file, and the employee shall be notified of such action. 901.2 Suspension Unless originally authorized or extended by written approval by the City Manager on written recommendation by the Department Director, the maximum period of suspension shall be twenty (20) working days; such maximum period for Fire Department personnel on 12 -hour shifts shall be 24 shifts. 901.2.1 Five Working Days or Less The Department Director shall transmit a personnel action form for the information of the City Manager, briefly describing the offense and the period of suspension. The Department Director shall when possible give a copy of such form to the employee before the form is transmitted to the City Manager. 34. 901.2.2 In Excess of Five Working Days Prior to the effective date of the suspension when possible, the Department Director shall submit a personnel action form for approval by the City Manager, briefly describing the offense and the period of suspension. After such approval, a copy of the form shall be given to the employee. • 901.3 Demotion or Dismissal • The Department Director shall submit for approval by the City Manager a personnel action form briefly describing the offense. Upon such approval, the demotion or dismissal shall be effective and a copy of the personnel action form shall be given to the employee. 902. Appeal Procedure The appeal procedure described herein shall not apply if the employee is rejected, reprimanded, or suspended during his probation period in the position he occupies at the time of such action. Such procedure also shall not be applicable if the disciplinary action is taken in connection with the employee's service on a temporary appointment or acting appointment basis. This subsection shall not apply to employees in the Civil Service System. 902.1 Request for Reasons Within five (5) calendar days after the effective date of the disciplinary action, the employee may, in writing, request of the Department Director a written statement of the reasons for the action. Within five (5)calendar days after such written request, the Department Director shall forward the statement of reasons to the employee. 902.2 Employee's Answer Within ten (10) calendar days after the employee has received such statement of reasons, he shall be entitled to submit to the City Manager, through his Department Director, a written answer to such statement and to request the City Manager to consider the case. The City Manager shall then review the matter with the employee and the Department Director and uphold, modify, or revoke the action taken. 35. 902.3 Civil Service Board Review Except for reprimands, after the City Manager has reviewed the case the employee may within twenty (20) calendar days submit to the Civil Service Board a written statement requesting the Board to review the matter. Pursuant to Section 711 of the City Charter, the Board shall then conduct an investigation, hold a hearing, and submit its findings and recommendations to the City Manager. After considering such findings and • recommendations, the City Manager shall uphold, modify, or revoke the action taken and his decision thereon shall be final. SECTION X. MISCELLANEOUS PROVISIONS • 1000. Civil Service Board The responsibilities and authority granted the Civil Service Board by the City Charter or the Municipal Code shall not be diminished by any provision of this Resolution. When inconsistencies exist between rules established in this Resolution and those powers granted to the Civil Service Board, the Civil Service Board shall have precedence. 1001. Memoranda of Understanding In any case in which any provision of this Resolution is inconsistent with a provision embodied in any memorandum of understanding between a recognized employee organization and the City, approved by the Council, and executed, the provision contained in such memorandum of understanding shall supersede the provision contained in this Resolution. 1002. Avoidance of Inequities The City Manager may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any of the provisions of this Resolution. 1003• Administrative Regulations The City Manager is authorized to issue written administrative personnel regulations to augment or clarify the provisions of this Resolution. 36. SECTION XI. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Resolution, or any additions or amendments thereto, or the application thereof to any person, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons. The City Council • hereby declares that it would have adopted this Resolution and each section, subsection, clause, phrase or portion, and any additions and amendments thereto, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. SECTION XII. REPEAL Resolution No. 7925 and any amendments thereto are hereby repealed. 37.