HomeMy WebLinkAbout8617 - Personnel Policies for City Employees1 w':a
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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
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Cify Clerk 6F
C D AS THE
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CITY CLERK OF THE CITY OF NEWS T B;:ACH
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OCT 31297x5 10/29/75
DATE;
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.