HomeMy WebLinkAbout7925 - Employee Personnel PoliciesRESOLUTION N0. 7925
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ESTABLISHING PERSONNEL POLICIES FOR ALL EMPLOYEES OF THE CITY.
i
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 recommendation of the City Manager, and;
WHEREAS, the City Manager has recommended that the
following personnel policies 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 following policies
concerning administration of personnel within the City and defines
the following terms whenever used in this Resolution:
CITY MANAGER
The City Manager of the City of Newport Beach or his designated representa-
• tive 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 his probation 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
After the employee has worked the required hours in the
• higher class, he shall receive additional compensation
for subsequent acting appointments in that class, pro-
vided that any such subsequent acting appointment of
less than a normal work week shall not be compensable
at a higher rate.
502.7 Compensation for Overtime
502.7.1 Normal Overtime
The provisions of this Section pertain to all employees
except Fire'Department personnel on 12 -hour shifts and
Police Department personnel assigned to the Detective
Division.
502.7.1.1 Defined
Normal overtime is defined as any scheduled work time
in excess of the basic work shift except incidental
overtime which is defined below.
502.7.1.2 Compensation
Except as otherwise provided herein, normal overtime
for all employees except those in the Police, Fire
and Marine Safety 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.
502.7.2 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.
502.7.2.1 Standbv Dut
a. Defined
Standby duty requires the employee so assigned:
(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.
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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 re-
quired to work while on a 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.
502.7.2.2 Call Back Duty
502.7.3 Fire Department Personnel on 12 -Hour Shifts
Fire Department per- sonnel on 12 -hour shifts shall receive
overtime Compensation as follows:
502.7.3.1 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 58.3 hour week or by equivalent
compensatory time off. The method of compensation shall
be at the discretion of the Department Director.
502.7.3.2 Standby Duty
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 com-
pensated at the same rate as employees on shift hold -over.
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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 Safety
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 equiva-
lent of the employee's biweekly salary rate.
Reporting of overtime on payroll forms will
be as prescribed by the Finance Department.
502.7.3 Fire Department Personnel on 12 -Hour Shifts
Fire Department per- sonnel on 12 -hour shifts shall receive
overtime Compensation as follows:
502.7.3.1 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 58.3 hour week or by equivalent
compensatory time off. The method of compensation shall
be at the discretion of the Department Director.
502.7.3.2 Standby Duty
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 com-
pensated at the same rate as employees on shift hold -over.
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502.7.3.3 Fire or Similar Emergency
• If an employee who is not on standby or shift hold-
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 58.3 hour work week or equivalent
compensatory time off. The method of compensation
shall be at the discretion of the Department Director.
502.7.4 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.
502.7.5 Miscellaneous Provisions
502.7.5.1 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.
502.7.5.2 Overtime During 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 an hourly rate specified
in the Compensation Plan.
502.7.5.3 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.
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502.7.5.4 Accumulation of Compensatory Time Off
• Accumulated overtime must be taken off or paid for
no later than December 31 of each year.
502.7.5.5 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.
502.8 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 performing such jury duty.
502.9 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.
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502.10 Use of Private Vehicle
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 ten (10) 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 ten (10) cents per mile,
whichever is the least expensive.
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SECTION VI. ATTENDANCE AND LEAVES OF ABSENCE
600. 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.
601. 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.
602. Vacation Leave
602.1 Purpose
The purpose of vacation leave is to provide a rest period which
will enable the employee to return to work physically and
mentally refreshed.
• 602.2 Eligibility
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.
602.3 Basis for Accrual
602.3.1 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 H o u r s in N o r m a l W o r k W e e k
Continuous
Service 40 44 (Average) 58.3 (Average)
0
5
through 4
through 9
10
through 14
15
through 19
20
or more
A c c
r u a l
p e r
M o n t h
( H o u r
s)
8.00
hours
8.80
hours
12.00
hours
9.33
hours
10.27
hours
14.00
hours
10.67
hours
11.73
hours
16.00
hours
12.00
hours
13.20
hours
18.00
hours
13.33
hours
14.67
hours
20.00
hours
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602.3.2 Part -Time Employees
• An employee having a probationary, regular or acting appoint-
ment 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.
602.4 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.
602.5 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 sched-
ule 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.
602.6 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
termination.
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.
602.7 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.
602.8 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.
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603. Sick Leave
is 603.1 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
practioner, 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.
603.2 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.
603.3 Basis for Accrual
603.3.1 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
40 8.00 hours
44 '' (Average) 8.80 hours
58.3 (Average) 12.00 hours
603.3.2 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.
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603.4 Method of Use
• 603.4.1 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.
603.4.2 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 603.1. 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.
603.4.3 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 in-
stead 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.
603.4.3 During Holidays
Sick leave shall not be applied to absences which occur on a
day designated as a City Holiday.
603.5 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.
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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.
603:6 Extended Sick Leave
603.6.1 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.
603.6.2 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 603.6.1.
•
603.6.3 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 603.6.1. Employees may
request partial use of accrued vacation and compensatory time -
off to offset any loss of pay while on disability insurance.
603.6.4 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.
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603..6.5 Return.to
• 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.
603.7 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.
• Employees in the following classes are not authorized compensation
under this Section: Police Officer, Police Woman, Police Sergeant,
Police Lieutenant, Police Captain, Police Clerk I, Police Clerk II,
Parking Control Officer, Humane Officer, Station Officer, and Police
Emergency Equipment Dispatcher.
•
603.8 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 anni-
versary dates.
604. 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.
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Independence Day
July 4
Labor Day
1st Monday in
September
Columbus Day
2nd Monday in
October
Veterans Day
•
4th Monday in
October
Thanksgiving Day
4th Thursday
in November
Friday Following Thanksgiving
Christmas Day
December 25
New Years Day
January 1
Washington's Birthday
3rd Monday in
February
Memorial Day
Last Monday in May
When a designated holiday occurs on Sunday, the following Monday will
be observed instead. When a 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 signifi-
cantly important local event merits such action.
605. Bereavement Leave
• 605.1 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.
605.1.1 Immediate Family
For the purposes of this Section, immediate family shall mean
father, mother, brother, sister, wife, husband, or child.
605.2 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.
605.3 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.
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606. Maternity Leave
• 606.1 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.
606.2 Status of Employee
606.2.1 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 per-
form the duties of her position.
606.2.2 Sick Leave
Employees who become pregnant are authorized to use accrued
sick leave for absence necessitated by such pregnancy, delivery
or recovery therefrom.
606.2.3 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 603.6.
607. Leave of Absence with Pay
607.1 Defined
The absence of an employee from 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.
607.2 Applicability
The provisions of this Section shall apply only to those employees
who are entitled to receive leave with pay.
607.3 Authorization
Uponwritten 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.
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608. Leave of Absence Without Pay
• 608.1 Defined
The authorized absence of an employee from his regular work area
during which his regular salary and entitlement to all benefits
are discontinued.
608.2 Applicability
The provisions of this Section shall apply only to those employees
who are entitled to receive leave with pay.
608.3 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.
608.4 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 603.6 and 606.
608.5 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 com-
puted on the base rate of pay he was receiving at the time
he began his leave of absence.
C
608.6 Return to Dut
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.
608.7 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.
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609. 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.
610. 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 VII. ON- THE -JOB INJURY
701. 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.
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 Office.
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.
701.1 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.
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701.2 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.
701.3 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.
702. Industrial Accident Resorting 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
supervisor 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.
702.1 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 super-
visor an employee should be treated by a doctor.
702.2 Fatal or Serious Injuries
Fatal or serious injuries shall be reported immediately by
telephone to the Personnel Office 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 Per-sonnel,Office at
the earliest possible time on the next normal work day.
- 27 -
702.3 Doctor's Referral Slip
• 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 indi-
cating 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.
702.4 Distribution of Industrial Injury Report Forms
702.4.1 Original Copy
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 Office where it will become a
part of the employee's permanent record.
•
702.4.2 Supervisor's Copy
One copy shall be retained by the originating supervisor
as a continuing record of accidents /injuries among his
employees.
702.4.3 Personnel Office Copy
One copy shall be forwarded to the Personnel Office immediately.
The Personnel Office shall ensure compliance with the California
Labor Code regarding reporting of industrial accidents.
702.5 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.
- 28-
703. Industrial Accident Leave
• 703.1 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, employ-
ment with the City.
r�
703.2 Amount of Leave
703.2.1 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
703.2.2 Police and Fire Personnel
Maximum Industrial
Accident Leave
20 working days
6 calendar months
1 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 that law.
703.2.3 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 in-
dustrial accident leave.
703.2.4 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.
- 29 -
703.3 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 703.2.
703.4 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 703.2
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.
703.4.1 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
Retirement 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.
is
703.5 Workmens' 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 receive supplemental wages under
this Section. Entitlement to Workmens Compensation benefits will
be unaffected.
703.6 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 employees are entitled to tem-
porary disability benefits under the Workmens Compensation Laws
of the State of California.
- 30-
703.7 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 appoint-
ments or consultation as may be required by the City or
any other authorized agency.
703.8 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 his opinion alone, has the right to apply for a hearing
before the Workmen 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.
Notices of hearings before the Workmens Compensation Appeals
Board will be distributed to the appropriate Department
Director by the Personnel Office as they are received. The
Department Director or his designated representative will
• attend the Appeals Board Hearings of employees assigned to
their Departments.
SECTION VIII. DISCIPLINARY CODE
800. 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 perfor-
mance 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.
801. 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.
- 31 -
801.1 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.
801.2 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.
801.2.1 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 trans-
mitted to the City Manager.
801.2.2 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.
•
801.3 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.
802. 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.
- 32 -
802.1 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.
802.2 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.
802.3 Civil Service Board Review
Except for reprimands, after the City Manager has reviewed the
case the employee may 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 IX. MISCELLANEOUS PROVISIONS
900. 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
- 33 -
between rules established in this Resolution and those powers granted
to the Civil Service Board, the Civil Service Board shall have precedence.
• 901. 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.
902. Avoidance of Inecuities
The City Manager may authorize special adjustments to avoid or elim-
inate inequities resulting from the strict application of any of the
provisions of this Resolution.
903. Administrative Regulations
The City Manager is authorized to issue written administrative personnel
regulations to augment or clarify the provisions of this Resolution.
SECTION Xt::e SEVERABILITY
• If any section, subsection, sentence, clause, phrase or portion of this
Resolution, or any additions or amendments thereto, or the application there-
of to any person, is for any reason held to be invalid or unconstitutional
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.orx portions, or the application thereof to any person, be declared
invalid or unconstitutional.
E
SECTION XI. REPEAL
Resolution No. 7473 and all amendments thereto are hereby repealed.
- 34 -
SECTION XII. EFFECTIVE DATE
• The provisions of this Resolution shall be effective January 22, 1973.
This Resolution was adopted by the City Council of the City of Newport Beach
at a regular meeting on the 22 day of January, 1973.
ATTEST:
City Clerk
YIFIED AS THE OR INAL
61N CLERK OF THE LITY OF N OR7 BEACH
•
JAN 3 0 1973
®ABBe
•
- 35 -
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.
•
0
SECTION I. PURPOSE
• It is the purpose of this Resolution to define procedures and processes
by which efficient and economical service to the public by the employees
of the City of Newport Beach can be facilitated through a fair and equit-
able system of personnel management.
SECTION II. TERMS AND CONDITIONS OF EMPLOYMENT
200. 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, qualifi-
cations being otherwise equal; that the tenure of every City employee
will be based on a demonstrated need for the work performed, avail-
ability 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.
201. Citv's Resnonsibility to EmDlovee
Each employee of the City of Newport Beach has the right to expect that
• he will be fully informed of his duties and responsibilities; that he
will be provided with adequate administrative and supervisory direction;
that he will be informed of how well he is performing his duties and
his 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 he will not be subject to disciplinary
action - without _ justification.t -
u
202. Fair Emplovment
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, except as provided elsewhere in
this or other Resolutions, or under the terms and conditions of any
contractual agreement.
203. 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;
appraisal's of education, training and experience; professional-certifi-
cation; physical examination; and psychological examination.
- 1 -
204. Certification
• The City Manager shall determine those applicants eligible for appoint-
ment in accordance with Section 203. 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.
205. Probation Period
205.1 Obiect
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._. —
205.2 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.
• 205.3 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.
206. Attendance
206.1 Work Week
The work week for full time positions, except those listed below
shall be 40 hours.
206.1.1 Fire Department
The average work week for Fire Department positions having
12 -hour work shifts shall be 58.3 hours.
206.1.2 Refuse Division
The average work week for Refuse Crewman, Refuse Leadman, and
Laborers assigned to the Refuse Division of the General Services
• Department shall be 44 hours.
- 2 -
206.2 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; for the excepted positions the work
shift shall be 8 hours.
206.3 Work Schedule
The work schedule for each position shall be established
by the Department Director.
207. 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.
207.1 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, unto-
ward effects on employee efficiency, or through the introduction
of greater exposure to injury or sickness.
207.2 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.
207.3 Review
Department Directors shall review the notification of outside
or secondary employment taking into consideration the restric-
tions imposed by Section 207.1. 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.
- 3 -
If the Department Director feels that such outside or secondary
employment or intended employment.violates : or would violate any of
• the:restrictions imposed by-Section 207.1,_he shall-discuss the
f
possible area o 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 would 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 his performance or is in any other way
interfering with his City employment.
b. City owned equipment, supplies, facilities, or
uniforms have been utilized while engaging in out-
side 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 his capacity as a City employee.
d. The employee solicited in behalf of the enterprise
he represents in his secondary employment during his
working hours for the City.
•
208. Performance Evaluation
The City Manager shall be responsible for establishing and administering
an Employee Performance Evaluation System.
SECTION III. TRAINING
301. Required Training
301.1 Defined
Mandatory attendance by an employee at a formal training course
during duty or off -duty time.
301.2 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.
301.3 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.
- 4 -
301.4 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.
301.5 Approval
The City Manager shall determine the necessity for the training
course requested and its applicability for funding under this
Section.
302. Tuition Reimbursement Program
302.1 Obiective
To encourage employees to participate in off -duty instruction
which will be immediately and mutually beneficial to the employees
and the City.
302.2 Eligibility
302.2.1 Employees
Regular full -time employees, performing their duties satisfactorily,
are eligible for this Program.
302.2.2 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 per-
formed 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 avail-
able at local accredited schools.
302.3 Limitations
302.3.1 Number of Units
Reimbursement is limited to six semester units per semester
or nine quarter units per quarter.
302.3.2 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.
- 5 -
302.3.3 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.
302.4 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.
302.4.1 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.
•
302.4.2 Postpayment
To obtain postpayment of authorized expenses, application must
be made within 60 days of the completion of a course. Confirma-
tion of the grade received and an itemized list with receipts
for all expenses claimed must accompany the application.
302.5 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.
302.6 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.
302.7 Control of Property
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 his Department
Director upon completion of the course. Department Directors
shall be responsible for establishing and maintaining a system
- 6 -
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.
SECTION IV. CLASSIFICATION PLAN
400. Preparation of Classification Plan
400.1 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.
400.2 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.
400.3 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.
401. Adoption of Classification Plan
Classes of positions in the Classification Plan shall be established and
listed by Resolution of the City Council.
402. 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.Boatd 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.
- 7 -
SECTION V. COMPENSATION PLAN
• 500. Preparation
The City Manager shall be responsible for the preparation of a
Compensation Plan following City Council approval of any adjust-
ments in wages, fringe benefits and other matters related thereto.
501. Content
The Compensation Plan shall establish salary ranges and salary rates,
allocate classes thereto, and provide for special compensation
provisions.
502. 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 Resolution of the City
Council. 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 dis-
cretion of the City Manager or Department Director.
502.1 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.
•
502.1.1 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.
502.1.2 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_promgtional employment list for the class,
subject to the following conditions:
- 8 -
a. There must be a vacant position in the class
• and no reemployment lists for such class.
b. He had completed at least one year of
continuous service in the class immediately prior
to his termination.
c. He terminated his City employment under favorable
conditions;- -
d. The reemployment occurs within one year after his
termination.
e. He may be required to serve a probation period.
f. He may be required to take a medical examination
at his own expense and as prescribed by the City
Manager.
502.1.2.1 Compensation
The compensation of a former City employee who is
reemployed in the class of position he occupied at
termination shall be as determined by the City Manager.
There shall -be no.reinstatement of- any- beinefits or seniority
accrued during his.previous employment period;
502.1.3 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.
502.2 Merit Advancement Within Salary Ranges
502.2.1 General
Salary increases within a range shall not be automatic.
They shall be based on merit and granted only upon
affirmative recommendation of the Department Director and
approval by the City Manager.
502.2.2 Effective Date
All merit advancements shall be effective on the first day of
the first pay period following the eligibility date.
502.2.3 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.
- 9 -
502.2.3.1 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
his date of appointment and the month in which
he received his initial advancement. Such
eligibility date shall be determined by the
Personnel Office for all employees and furnished
to each Department.
502.2.4 Annual Merit Advancements
Regular appointees who demonstrate progressively improved
performance shall earn eligibility for annual merit advance-
ments 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.
502.2.5 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.
502.2.6 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 his
temporary appointment. He shall acquire a merit Advancement'
eligibility date on such advance and shall earn eligibility
for subsequent annual merit advances in accordance with
Section 502.2.4 her2ln.
•
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 appoint-
ment 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 502:2.3 herein.
The employee's probation period shall commence with the date
of his probationary appointment. Satisfactory completion of
such probation period shall be on written recommendation of
the Department Director and approval of the City Manager.
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502.3 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 he was receiving prior to promotion, whichever is greater.
502.4 Compensation on Demotion
502.4.1 Involuntary Demotion
502.4.1.1 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 unless he had pre-
viously been promoted from the lower class. If
promoted, the employee will be compensated at the
same rate he was receiving prior to his promotion.
502.4.1.2 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. Determination of the appropriate
salary rate will be made by the Department Director.
502.4.2 Voluntary Demotion
An employee who is demoted at his own request to a position
in a class with a 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 will be made by the Department
Director.
502.4.2.1 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.
502.5 Compensation on Position Reclassification
. The salary rate of an employee in a position that is reclassified
shall be determined as follows:
=OW
502.5.1 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.
502.5.2 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 he was in the previous salary range.
502.5.3 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 maxi-
mum 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.
502.6 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 higheresalary ,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.
502.6.1 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
58.3 192
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