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Home My WebLink About88-13 - Uniform Personnel Policies for City Employeest RESOLUTION NO. 88 -13 A RESOLUTION OF THE CITY COUNC I L OF THE CITY OF NEWPORT BEACH ESTABLISHING UNIFORM PERSONNEL POLICIES FOR CITY EMPLOYEES WITH ANNUAL REVIEW BY THE CITY MANAGER • WHEREAS, Section 2.28.020 of the Newport Beach Municipal Code, provides that: upon the recommendation of the City Manager, the City Council shall also establish, by resolution, uniform personnel policies for City employees relating to classification, compensation, leaves of absence and other conditions of employment. Different policies may be provided for different classes, or for different positions in a class as the needs of the City require. WHEREAS, Section 2.28.030 of the Newport Beach Municipal Code, provides that: the City Manager shall review the provisions of the resolutions at least annually, and recommend changes deemed necessary to remove inequities, or to meet the operational needs of the City. WHEREAS, the City Manager has recommended to the City Council certain revisions to the Uniform Personnel Policies deemed necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Uniform Personnel Policies for fiscal year 1988 -89, as further described in Exhibit "A," attached hereto, and incorporated herein by reference, be and hereby are adopted. 6 PERSONNEL POLICIES Resolution #88 -13 February 22, 1988 Rescinds #85 -71 (9/9/85) • • • • TABLE OF CONTENTS SECTION NUMBER SECTION I. - PURPOSE-------- ---------- -- -- --------- 1 SECTION II. -- DEFINITIONS -------------------- - - - - -- 1 SECTION III. - TERMS AND CONDITIONS OF EMPLOYMENT - - -- 1 300. Employment Standard ------------ - - - - -- 1 301. City's Responsibility to Employees - -- 3 302. Non - Discrimination ------------- - - - - -- 6 303. Selection Procedures ----------- - - - - -- 6 304. Certification ------------------ - - - - -- 6 305. Probation Period --------------- - - - - -- 7 306. Attendance -------------------- - ------ 307. Other Employment -------------- - - -- - -- 8 308. Performance Evaluation --------- - - - - -- 9 SECTION IV. -- TRAINING ----------------- ------ ------ 10 401. Required Training -------------- - - -- -- 10 402. Tuition Reimbursement Program -- - - - - -- 10 SECTION V. - CLASSIFICATION PLAN ------------ - - - - -- 13 500. Preparation of Classification Plan - -- 13 501. Adoption of Classification Plan - - - - -- 13 502. Administration and Maintenance of Classification Plan ------- - - - - -- 13 SECTION VI. - COMPENSATION PLAN -------------- - - - --- 14 600. Preparation -- •----------------- ------ 14 601. Content ------ ------------------ - - - - -- 14 602. Salaries and Special Compensation Provisions ---------------- -- - - -- 14 SECTION VII. - ATTENDANCE AND LEAVES OF ABSENCE - - - -- 26 700. Attendance ---------------- -- ----- --- 26 701. Anniversary ------------------- - ------ 26 702. Vacation ----- ------------------ - - - - -- 26 703. Sick Leave ----------------- -- -------- 28 704. Holiday Leave ------------------ - - - - -- 35 705. Bereavement Leave -------------- - -- --- 36 706. Maternity Leave ----------- ----- -- ---- 37 707. Leave of Absence - With -Pay ------ - - - - -- 38 708. Leave of Absence - Without -Pay --- - - - - -- 38 709. Military Leave ----------------- -- - --- 39 710. Absence Without Leave ---------- - - - - -- 39 i TABLE OF CONTENTS SECTION NUMBER SECTION VIII. -- ON- THE -JOB INJURY -------------- - - - - -- 40 801. Medical Attention -------------- - - - - -- 40 802. Industrial Accident Reporting Procedure------------------ - - - - - 41 803. Industrial Accident Leave ----- - - - - -- - 43 SECTION IX. -- DISCIPLINARY CODE -------------- - - - - -- 46 900. General ---------- ------------ -- - - - - -- 46 901. Disciplinary Procedure --------- - - - - -- 46 902. Appeal Procedure --------------- - - - - -- 47 SECTION X. - MISCELLANEOUS PROVISIONS 49 1000. Civil Service Board ------------ - - - - -- 49 1001. Memoranda of Understanding ----- - - - - -- 49 1002. Avoidance of Inequities -------- - - - - -- 49 1003. Administrative Regulations ----- - - - - -- 49 1004. 1005. City Smoking Regulation Policy - - - - - -- 49 Drug and Alcohol Abuse --------- - - - - -- 52 SECTION XI. -- SEVERABILITY ------------------- - - -- -- 54 SECTION XII. -- REPEAL ------------------------------- 54 ii • E • • 0 • • SECTION I. PURPOSE It is the purpose of the Personnel define procedures and pprocesses by service to the public by employees can be facilitated through a fair personnel management. SECTION II. DEFINITIONS Policies detailed herein to which efficient and economical of the City of Newport Beach and equitable system of CITY MANAGER: The City Manager of Newport Beach or his designated repre�ves for personnel matters. 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, not to exceed 1,000 hours per year. TEMPORARY EMPLOYEE: A full -time or part -time employee occupying a position not aut rized 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 auf o�rized salary range of a class. SECTION III. TERMS AND CONDITIONS OF EMPLOYMENT 300. Employment Standard The City Council and all citizens of Newport Beach have the right to expect that the City will employ the best qualified person 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 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. 300.1. Conflict of Interest 300.1.1. Purpose The Purpose of this Policy is t regarding the receipt of gifts, City Employees. The Intent of employee contacts with citizens free from conflict of interest, of same. o define the City's guidelines gratuities or favors by the the Policy is to ensure that all and the business community are compromise, or the appearance • Employment Standard (Continued) 300.1.2. Policy A. No city employee, member of that employee's immediate family shall solicit any gifts, money, food, beverages, tickets, passes, travel, special accommo dations, favors or the use of property or facilitieO from any individual, group or company with whom the employee deals in the course of the City employment. B. It is recognized that employees must conduct a certain amount of city business with non -city employees during meals, or occasionally during entertainment events. In such situations, it is always preferable that the city employee pay for their own meal or ticket, utilizing city funds which have been budgeted for this purpose. However, an employee may accept minor items such as business lunches and /or entertainment tickets when, in the employee's judgment, such offers are made in the normal course of city business, they are the usual standard of the industry, and it is not appro- priate to decline. When such items are accepted, employee should make an effort to reciprocate in manner in an appropriate business situation. Employees, and members of their families shall not accept any discount on purchases of products or services that is offered as a result of employment with the city, unless such a discount is made available to all city employees as a general business practice or benefit, e.g., Magic. Kingdom cards, Credit Union purchases. This policy is not meant to preclude the acceptance of: 1) Free attendance or participation at official or quasi - official functions such as ground breakings, oral boards, concerts, open houses, award ceremonies, banquets or similar events which the employee attends in their normal or official capacity as a City employee; or 2) Free meals and /or entertainment that are part of such programs or functions. • • Employment Standard (Continued) E. These policies are in addition to the city's Conflict of Interest Code which complies with the provisions of the Political Reform Act, and nothing contained here in shall relieve any employee who is subject to that • Code from complying to its provisions. These policies also rely heavily on the individual employee's ability to use good judgment and common sense. Deliberate solicitation or acceptance of gifts, gratuities or favors, in violation of the provisions of the Conflict of Interest Code as required by the Political Reform Act, will be subject to an investi- gation conducted by either the City Attorney, the Orange County District Attorney's office, or by the Fair Political Practices Commission. Should the investigation determine that the employee was guilty of misconduct, the employee will be subjected to an appropriate level of discipline up to and including the possibility of termination. 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 responsibili- ties; 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. 301.1. Harassment in Employment Policy 301.1.1. Purpose To define and issue to all employees the City of Newport Beach's policy on the prohibition of harassment in employment. 301.1.2. Policy Harassment of an applicant or an employee by a supervisor, management employee or co- worker on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age will not be tolerated. Disciplinary action up to and including termination will be • instituted for behavior described in the following definition of harassment: City's Responsibility to Employees (Continued) 301.1.3. Definition Harassment includes, but is A. Verbal Harassment commen s or s urs creed, color, nat handicap, medical age. • not limited to: - For example, epithets, derogatoo on the basis of race, religious ional origin, ancestry, physical condition, marital status, sex or B. Physical Harassment - For example, assault, impeding or occ' n movement, or any physical interference with normal work or movement when directed at an individual on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. C. Visual Forms of Harassment - For example, derogatory posters, no ices, u le ins, cartoons, or drawings on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. D. Sexual Favors - Unwelcome sexual advances, requests or eman s for sexual favors, and other visual, verbal or physical conduct of a sexual nature which is conditioned upon an employment benefit, unreasonably interferes with an individual's work performance or creates an intimidating, offensive or hostile work environment. 301.1.4. Pre - Grievance Process An employee who has been harassed on the ;job must inform the employer. To accommodate the unique nature of harassment complaints, a pre - grievance process is provided for the primary purpose of resolution of a complaint at the earliest possible date. Com Taint Advisors - The City's Personnel Director wiTl be avaiT6Te to receive harassment complaints. Functions of assigned Personnel staff will include but not be limited to: 1) Counselling the employee and outlining the options available. 2) Obtaining a factual written statement of the complaint for investigation by an appropriates staff member. • City's Responsibility to Employees (Continued) Extension of Time Requirements Time limits specified inntie iorm�ievance procedures may be extended if pre- grievance procedures for a harassment complaint were initiated within the applicable time limits for filing a formal complaint. In these instances, if the complaint is not adjusted to the satisfaction of the employee, the time limits for filing a formal grievance should begin as of the date of notification of action taken by the Department Head. If the employee did not initiate pre - grievance normal grievance procedure, the City's Personnel Director may extend the filing deadline for a formal complaint. It should be reemphasized that the City wishes to know of any complaint alleging harassment as soon as possible after it occurs. • 3) Assisting in follow -up investigation, inter - viewing the accused individuals, witnesses and supervisors as appropriate, and recommending disposition of the complaint. • B. Personnel Director and /or Department Head - AU orrizes investigation of the complaint, reviews factual information collected to determine whether the alleged conduct constitutes harassment, iving consideration to the record as a whole and t�e totality of circumstances, including the nature of the verbal, physical, visual or sexual favor aspect of the advance and the context in which the alleged incidents occurred. Takes and /or authorizes appropriate action. C. Confidentiality - Effort will be made to protect eil-i privacy parties involved in a complaint. Files pertaining to complaints handled under the pre - grievance process will not be made available to the general public. Formal Grievance Process • Formal grievance procedures of the City are available for resolution of complaints alleging harassment if the complaint is not adjusted to the satisfaction of the employee in the pre - grievance process. Extension of Time Requirements Time limits specified inntie iorm�ievance procedures may be extended if pre- grievance procedures for a harassment complaint were initiated within the applicable time limits for filing a formal complaint. In these instances, if the complaint is not adjusted to the satisfaction of the employee, the time limits for filing a formal grievance should begin as of the date of notification of action taken by the Department Head. If the employee did not initiate pre - grievance normal grievance procedure, the City's Personnel Director may extend the filing deadline for a formal complaint. It should be reemphasized that the City wishes to know of any complaint alleging harassment as soon as possible after it occurs. • • City's Responsibility to Employees (Continued) Waiver of Formal Ste - Preliminary informal steps wi a imme is a supervisor to resolve a grievance may, depending on circumstances of the complaint, be waived and the formal grievance initiated at an • appropriate higher step in the process. Dissemination of Policy - All employees, supervisors an managers s a e sent copies of this policy and this policy shall be posted in appropriate places such as departmental employee bulletin boards et al. PLEASE NOTE: Harassment, as defined above, violates Title VII of the Civil Rights Act of 1964, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission, and the California Fair Employment and Housing Commission. Violation of this policy shall generally constitute just and reasonable cause for discipline, up to a� including termination. 302. Non - Discrimination City employment will be based on merit. No appointment to, promotion to or removal from a position shall pe affected or influenced in any manner by sex, race, color, creed, nationality, age, physical condition, political or religious opinion or affiliation, unless such factor is a bona fide occupational qualification. 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 certification; 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 retired standards of the position to which he /she 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 for nonCivil Service employees and twelve (12) months for Civil Service employees. The Department Director may extend the probation period but in no event shall the total probation period exceed twelve (12) months and eighteen 18) months, respectively. Such extension shall be documented in the manner prescribed by the City Manager. 305.3. Rejection During Probation • During the probation period, or any extension thereof, an employee be time by the Department Director without may rejected at any Notification of rejection cause and without right of appeal. 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 as listed below, shall be 40 hours, or as determined by the Department Director and approved by the City Manager. 306.1.1. Fire Department The average work week for Fire Department positions having 12 -hour shifts shall be 56.0 hours. 306.2. Work Shift For all full -time positions exceppt those in the Fire Department, the work shift shall be between 8 to 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. • Attendance (Continued) 306.3. Work Schedule The work schedule for each position shall be established by the . Department Director. 306.4. Job Abandonment 306.4.1. Policy If an employee fails to report for work at their regularly scheduled time or shift, and does not call or otherwise advise the employer of their absence from work along with their reason for the absence, for the time period of two (2) consecutive regular shifts, the employer will consider the employee to have abandoned their job. 306.4.2. Termination Such action will cause the employer to terminate the employee on the basis of a voluntary quit without prior notice, and the employee will not be eligible for rehire. • 306.4.3. Appeal This final determination will, however, be subject to the appeal process contained in the City's Grievance Procedure. 307. Other Employment A condition of employment with the City of Newport Beach is that all regular full -time and part -time appointments are to be the principal employment of employees filling such positions. 307.1. Restrictions Outside or secondary jobs may be permitted regular employees if such job neither violates the conflict of interest principle or 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. 307.2. Notification Each employee who is working for the City in a regular 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 /her Department Director indicating: • 0 • E Other Employment (Continued) the nature of the job the name and address of the firm the number of hours worked each week the work schedule Department Directors shall forward a copy of the notice to the Personnel Office for retention in the employees 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 Workers' Compensation 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 any of the restric- tions 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: an employee's secondary employment is adversely affecting job performance or is in any way interfering with City employment. City -Owned equipment, supplies, facilities or uniforms have been utilized while engaging in outside employment. 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. The employee solicited on behalf of the enterprise represented in a secondary employment during the employee's working hours for the City. 308. Performance Evaluation The City Manager shall be responsible for establishing and admin- istering an Employee Performance Evaluation System. • SECTION IV. TRAINING • 401. Required Training 401.1. Definiti Required training is defined as mandatory attendance by an employee at a formal training course during duty or off -duty time. 401.2. Limitations is 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 of 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 applicable sections of this Personnel Policies 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. 10 is • Tuition Reimbursement Program (Continued) 402.2.1. Employees All regular full -time employees, except as noted, performing their duties satisfactorily, are eligible for this Program. Fire Captain, Fire Engineer, Fire Paramedic and Firefighter 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 employees. 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 Reimbursement is limited to $637.50 per semester or $427.33 per quarter: maximum reimbursement is $1,275 per fiscal year. Reimbursement for Sworn Police classes is limited to $490 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. 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. 11 Tuition Reimbursement Program (Continued) • 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, parking permit fees and required materials such as workbooks and lab materials may be requested. No payment shall be made for the expense of books,travel, meals, normal suppl • or other incidental costs. 402.4.1. Prepayment To obtain prepayment of authorized expenses, application must be made a 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. Con- firmation 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. POStDaYment 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. Payment 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. 12 is • SECTION V. CLASSIFICATION PLAN 500. Preparation of Classification Plan 500.1. 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 Specification The City Manager shall be responsible for preparing and main- tain 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 specifica- tions 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 reli- ability, 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. 501. Adoption of Classification Plan Classes of positions in the Classification Plan shall be estab- lished and listed by Resolution of the City Counci }1. 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 ensure 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 authori- zation 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. • 13 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 adjust- ments 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 other matters related thereto. 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 the salary ranges at the discretion of the City Manager. Department Directors and key personnel shall not be eligible for Paid over- time; 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. ADDOintment at Advanced Rate Department Directors are authorized to appoint new employees up to "C" step in the salary range when it is determined by the Department Director that there is a direct and measurable benefit for the City for such apppointment. Appointment at the higher salary step may be authorized by the Personnel Director. The factors to be considered include: The quality and quantity of the appointee's previous experience, education and training; the difficulty in recruiting qualified applicants; employment and salary status and a determination that the performance of the appointee has a significant impact on City or Departmental programs and policies. 14 • • Salaries and Special Compensation Provisions (Continued) 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 /she occupied at the time of his /her termination irrespective of the existence of an open or . promotional employment list for the class, subject to the following conditions. 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 continuous service in the class immediately prior to termination. C. Termination of City employment was under favorable conditions. d. Reemployment occurs after termination of City employ- ment within one (1) year of non -Civil Service employees and two (2) years for Civil Service employees. e. The employee may be required to serve a probation period. f. The employee may be required to take a medical examination at his /her own expense and as prescribed by the City Manager. • 602.1.2.1. Compensation The compensation for a former City employee who is re- employed 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. 602.2. Merit Advancement Within Salary Ranges 602.2.1. General Salary increases within a range shall not be automatic. They shall be based an merit and granted only upon affirma- tive action 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 day of the first pay period following the eligibility date. • 15 Salaries and Special Compensation Provisions (Continued) 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 any 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 appoint- ment 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. • 602.2.4. Annual Merit Advancements Regular appointees who demonstrate progressively improved performance shall earn eligibility for annual merit advances within the salary range based on their eligibility date. Upon recommendation by the Department Director, the City Manager may authorize advancement of an eligible • employee to the next higher rate in the salary range. 602.2.5. Temporary and Seasonal Employees Temporary and Seasonal employees shall not be eligible for merit increases within the salary range except for those classes of positions approved by the City Manager. 602.2.6. Permanent Appointment From a Temporary Status Notwithstanding the other provisions of this Personnel Policies 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 considera- tion for a merit salary advance after six months of satis- factory service, including his /her temporary service, as evidenced by the Department Director and approved by the City Manager. The employee shall acquire a merit advance 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 /her continuous 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 602.2.3. herein. • 16 • Salaries and Special Compensation Provisions (Continued) The employee's p� °obation period shall commence with the date of the probationary appointment. Satisfactory completion of such probation period shall be 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 step of the higher salary range, or at the step within the higher salary range which would provide no less than 5 percent above the base salary rate the employee was receiving prior to the promotion. Upon recommendation of the Department Director, the City Manager may authorize advancement to the next higher step in the higher salary range beyond the step increase guaranteeing at least 5 percent. 602.4. Compensation on Promotion 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 unsatis- factory performance shall have his /her salary rate reduced to the entry rate of the class to which he /she is demoted and will be required to serve a probationary period unless he /she had previously been promoted from the lower class. If promoted, the employee will be compensated at the same rate he /she was receiving prior to his /her promotion and will be returned to the same probationary /regular status he /she had prior to his /her 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/ her salary reduced to any rate in the lower range that does not constitute an increase in salary; shall retain his /her 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. • 17 Salaries and Special Compensation Provisions (Continued) • 602.4.2. Voluntary Demotion An employee who is demoted at his /her own request to a position in a class with lower salary range shall have his /her salary reduced to any rate in the lower salary range that does not constitute an increase in salary. Determin- ation 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 Yrated and requests a voluntary demotion, his /her salary shall be reduced by at least the amount of the difference between the maximum salary of the class from which he /she 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. 602.5.2. Class with Higher Salary Range If the position is reclassified to a class with a higher salary range than he 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, the incumbent's salary rate shall not change. If his /her salary is greater than the maximum rate of the lower salary range, his /her salary shall be Yrated and shall not change during contin- uous service until the maximum of the new range exceeds the salary of the employee. 18 • • Salaries and Special Compensation Provisions (Continued) 602.6. Compensation for Acting Appoinments Subject to the following limitations, an employee who is required on the basis of an acting appointment to service in a class with a higher salary range than that of the class in which he /she is normally assigned shall receive the entrance salary rate of the higher range, or the rate within the higher salary range which would provide a minimum of 5 percent or a maximum of 7.5 percent higher than the rate he /she 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 /her normal rate of pay prior to being compensated at a higher rate: • Scheduled Work Week Minimum Hours 40 40 After an employee has worked the minimum required hours in the higher class, he /she shall be compensated at the higher salary rate retroactively to the 40th hour (League employees will be retroactively compensated to the first hour) of such acting appointment. Any subsequent acting appointments of less than a normal work week shall not be compensabee at a higher rate. 602.6.2. Move -up Pay Fire Sworn Personnel who are required for any reason to perform the duties attendant to a classification with a higher salary range, will be paid move -up pay equal to 5 percent of the regular base pay for the period of time the employee is actually performing those duties; provided, however, the employee shall receive such pay only after the employee has performed those duties for One Hundred - and - Twenty (120) Hours, while in the employ of the Newport Beach Fire Department. 19 Salaries and Special Compensation Provisions (Continued) • 602.7. Compensation for Overtime 602.7.1. Normal Overtime 602.7.1.1. Definitions Miscellaneous Employee: misc�laneous membrf System (P.E.R.S.). Public Safety Employee: Pu jc s ygm%r f System (P.E.R.S.). An employee designated as a the Public Employees Retirement Is An employee designated as a the Public Employees Retirement Non-ex em t Em loyee: An employee covered by the provisions o t>�section. Exem t Em loyee: An employee, who by virtue of e ype o work performed and the salary paid, is exempt exempt from the provisions of the F.L.S.A. as well as the provisions of this section. Exempt employees will be designated by the City Manager. 602.7.1.2. Exempt Employee Employees designated as exempt from the provisions of • this section shall be compensated for normal overtime at the hourly equivalent of the employee's bi- weekly salary rate or granted equivalent compensatory time off. In all cases, the method of compensation shall be at the discretion of the Department Director. Normal overtime is defined as any scheduled hours worked in excess of the basic work week (or basic work shift for public safety employees) . Reporting of overtime on payroll forms will be as prescribed by the Finance Director. 602.7.1.3. Miscellaneous Employees Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 -hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. 20 • • Salaries and Special Compensation Provisions (Continued) rate. For Police Personnel, other than Police Officer and Police Dispatcher, normal overtime shall be converted to compensator time off at one- and -one- half (1 -1/2) times the normal rate, or paid at one - and - one -half (1 -1/2) times the hourly equivalent of the employee's bi- weekly salary rate. Uniformed Police Officers and Police Dispatchers shall be paid at the rate of 1.59 times the hourly rate. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. 602.7.2. Special Overtime Except as noted, the following provisions shall apply to all full -time, regular and probationary employees. Fire Department personnel are not eligible for Special Overtime. • 21 602.7.1.3.1. Definition of Hours Worked Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. • 602.7.1.3.2. Compensation Normal overtime for all non - exempt employees shall be paid at one- and - one -half (1 -1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. 601.7.1.4. Public Safety Employees Normal overtime is defined as any scheduled work time in excess of the basic work shift except incidental overtime which is defined below: 602.7.1.4.1. Compensation For Fire Personnel and Marine Safety Personnel, normal overtime shall be paid at the hourly - equivalent of the employee's bi- weekly salary rate. For Police Personnel, other than Police Officer and Police Dispatcher, normal overtime shall be converted to compensator time off at one- and -one- half (1 -1/2) times the normal rate, or paid at one - and - one -half (1 -1/2) times the hourly equivalent of the employee's bi- weekly salary rate. Uniformed Police Officers and Police Dispatchers shall be paid at the rate of 1.59 times the hourly rate. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. 602.7.2. Special Overtime Except as noted, the following provisions shall apply to all full -time, regular and probationary employees. Fire Department personnel are not eligible for Special Overtime. • 21 Salaries and Special Compensation Provisions (Continued) 602.7.2.1 Standby Duty Defined (1) To be ready to respond immediately to calls for service; • (2) To be reachable by telephone; 3 To remain within a specified distance from his /her work station; and (4) To refrain from activities which might impair the employee's ability to perform his /her assigned duties. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Such compensation on holidays shall be at the rate of two (2 ) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return 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 i in a work status. 602.7.2.2. Call -Back Defined Call -back duty requires the employee to respond to a request to return to his /her work station after the normal work shift has been completed and the employee has left his /her 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. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one - and - one -half ( -1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. 22 • • Salaries and Special Compensation Provisions (Continued) 23 602.7.3. Fire Department Personnel on 12 -hour Shifts Fire Department personnel on 12 -hour shifts shall receive overtime 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 time shall be compensatle at the employee's regular rate, or by equivalent compensatory time off. Employee's selection of compensatory time off instead of paid overtime shall be at the discretion of the Department Director. 602.7.3.2. Stand -by Duty An employee who is required to return to work during his /her off -duty hours for stand -by duty, as distinguished from actual firefighting or similar emergency, shall be compensated at the same rate as employees on shift holdover. • 602.7.3.3. Fire or Similar Emergency If an employee who is not on stand -by or shift hold- over is required to return to work or to continue on duty during his /her off -duty hours for actual fire- fighting, or similar emergency designated by the Department Director, the employee shall receive a minimum of three (3) hours compensation for the first and one (1) hour compensation for each hour there- after. Such compensation shall be at the hourly equivalent of his /her regular rate or equivalent time off. Employee's selection of compensatory time off instead of paid overtime shall be at the discretion of the Department Director. 602.7.4. Miscellaneous Provisions 602.7.4.1. 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. Fire Department employees who are required to stand -by to appear in Court during their off -duty hours in connection with City business shall be compensated at the rate of four (4) hours of straight overtime for each eight (8) hours of such • stand -by designation. 23 Salaries and Special Compensation Provisions (Continued) • 602.7.4.2. Overtime During Off -Duty Hours Police and Fire Department personnel assigned by the Department Director to work as Police Officers or Fire- fighters during their off -duty hours for private employers shall receive paid overtime compensation at the hourly rate specified in the Compensation Plan. 602.7.4.3. Temporary and Seasonal Employees • Employees classified as temporary or seasonal, shall be paid for overtime in the same manner as Miscellaneous Employees as outlined in Section 602.7.1.3. above. 602.7.4.4. Accumulation of Compensatory Time Off Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of Department Director. Compensatory time off for non - exempt employees shall accrue at the rate • of time - and -a -half for every overtime hour worked. Compensatory Time off for Key and exempt employees shall accrue at straight time for every overtime hour worked. ALL COMPENSATORY TIME EARNED MUST BE REPORTED TO THE PAYROLL SECTION ON THE DEPARTMENTAL TIMESHEETS IN THE "A.0" COLUMN. 602.7.4.5. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non - recurrent. b. Compensation Incidental overtime is not compensable. L] 24 • Salaries and Special Compensation Provisions (Continued) An employee subpoenaed to appear for a non -City related proceeding shall immediately notify his /her Department Director in writing, and shall be charged compensatory time off, vacation time, or placed on leave - without -pay status. Any fee received shall be retained by the employee. 602.10. Use of Private Vehicle Emplo ees 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 twenty -and- one -half (20.5) cents per mile for actual business miles traveled. Beyond the one - hundred (100) mile radius, reimbursement will be made at air coach fare, economy class fare, or twenty- and - one -half (20.5) cents per mile, whichever is the least expensive. • 25 602.8 Jury Duty No deduction shall be made in the salary of an employee who serves on a jury if he /she has remitted to the City the fee paid for such service. If the employee chooses to retain the jury fee, he /she 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 immediately his accepted for jury duty shall notify /her Department Director in writing whether or not he /she shall remit the jury fee to the City, and if not, his /her status while performing such jury duty. 602.9. Witness Fees No deduction shall be made in the salary of an employee subpoenaed to testify in a judicial or quasi - judicial proceeding as a material or expert witness if he /she remits to the City any fee received for being a witness. If the employee chooses to retain the witness fee, he /she will be charged compensatory time off, vacation time, or be placed on leave - without -pay status, accordingly, for the time spent testifying. If the employee incurs personal mileage expenses while appearing as a witness, he /she may retain that portion of the witness fee attributable to mileage and remit the difference to the City. • An employee subpoenaed to appear ppursuant to an official subpoena in shall immediately notify his /her De artment Director writing whether or not he /she shall remit the witness fee to the City and, if not, his /her status while serving as a witness. In addition; employees served with subpoenas shall notify the City Attorney s Office immediately upon being served. An employee subpoenaed to appear for a non -City related proceeding shall immediately notify his /her Department Director in writing, and shall be charged compensatory time off, vacation time, or placed on leave - without -pay status. Any fee received shall be retained by the employee. 602.10. Use of Private Vehicle Emplo ees 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 twenty -and- one -half (20.5) cents per mile for actual business miles traveled. Beyond the one - hundred (100) mile radius, reimbursement will be made at air coach fare, economy class fare, or twenty- and - one -half (20.5) cents per mile, whichever is the least expensive. • 25 SECTION VII. ATTENDANCE AND LEAVES OF ABSENCE 700. Attendance Employees shall be in attendance in accordance with the provisions of this Personnel Policies 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 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 /she received his /her 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. Vacation Leave 702.1. 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. 702.2. Eligibility All employees shall be entitled to accrue vacation leave- with -pay except the following: a. Employees having temporary or seasonal appointments. b. Employees on leave of absence without pay or suspension without pay. 26 • • Vacation Leave (Continued) 702.3. Basis for Accrual /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 per Month Hours 0 but less than 5 8.0 5 but less than 9 9.33 10.26 9 but less than 12 10.67 11.73 12 but less than 16 12.00 13.20 16 but less than 20 13.33 14.67 20 but less than 25 14.67 16.14 25 and over 16.00 17.60 FIRE DEPARTMENT (Personnel Working an verage 56.0- hour -week) 0 but less than 5 12.00 Hours 5 but less than 9 14.00 Hours 9 but less than 13 16.00 Hours • 13 but less than 17 18.00 Hours 17 but less than 21 20.00 Hours 21 but less than 25 22.00 Hours 25 and over 24.00 Hours 702.4. Limit on Accumulation u 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 accumula- tion is taken by March 31st of the following year. 702.5. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry -level Police Officers, may it be taken prior to the completion of an employee's initial proba- tionary period. Entry -level Police Officers may use vacation after the completion of the initial twelve (12) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and 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. 27 Vacation Leave (Continued) • 702.6. Terminal Vacation Pa Any employee, who has accrued vacation leave, who has completed his /her initial probationary period, and whose emploXment terminates shall be compensated for such accrued vacation based on the hourly equivalent of the salary he /she was receiving at the time of his /her termination. • 702.7. Holidays Occurring 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. 703. Sick Leave 703.1. Defined • As used in this Personnel Policies Resolution, sick leave means the necessary absence from duty of an employee because of: Non - occupational injury or illness. Medical or dental examination or treatment, by a licensed practitioner when such absence during work hours is authorized by the Department Director. 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. A physical impairment which, in the opinion of the Department Director, might place the employee in a position of further endangering his /her well -being if returned to work. Pregnancyy deliverX and recovery therefrom. Family illness to include dependent family members. 703.2. Eligibility Probationary and regular employees are eligible to accrue sick leave with the following exceptions: Employees having temporary or seasonal appointments. Employees on leave of absence - without -pay, or suspension - without -pay. 28 • • �J • • Sick Leave (Continued) 703.3. Basis for accrual /Full -time Employees Full -time, regular 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: Service Time Normal Work Week 40 -Hours Monthly Accrual 0 - 1 year 1 - 2 years 2 - 3 years 3+ ....... 3 - 4 years 4+ 703.4. Method of Use 703.4.1. General Normal Work Week 56 Hours Monthly Accrual 4 hours 6 hours 5 hours 7 hours 6 hours 9 hours . . . . . .12 hours 7 hours 8 hours Sick leave may not be taken in excess of that actually accrued. Except as rioted, an employee servin9 his /her initial probation period is eligible to use his /her accumulated sick leave provided that if for any reason his /her City employment is terminated prior to the completion of such probation period, his /her final paycheck shall be reduced by the value of the sick leave he /she has taken. After completion of the initial twelve (12) months of probation period, entry -level Police Officers shall not have used -sick -leave deducted from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probation period. 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. 29 Sick Leave (Continued) • 703.4.2.1. Family Sick Leave Bill 703.4.2.1.1. Definition The family sick leave benefit provides for paid leave for City employees who necessarily must . miss work to care for a dependent family member who could not otherwise care for themselves during the employee's normal work hours. It shall be understood that an employee who uses family sick leave does so as a last resort having determined other measures including substitution as unrea- sonable and /or unworkable. 703.4.2.1.2. Dealing with Abuse of Sick Leave Prior to approving a request for family sick leave the Department Director must be satisfied that this benefit was property used and the employee has sufficient sick leave accrued to accommodate this request. Should the Depart- ment Director suspect abusive behavior on the part of the employee, the Department Director may require some form validation for the request, such as a doctor's certificate. This section of • the policy should not be construed to mean that all requests need to be accompanied with valida- tion, only those which cause the Department Director to suspect abuse of intent or action. 703.4.2.1.3. Dependent Family Member For the purpose of the utilization of family sick leave, the definition of dependent family member shall be a family member of the employee who has need of limited time duration care and who has no one else than the employee to furnish that care. 703.4.2.1.4. Notification As with other leave requests, the employee should notify their supervisor as far in advance as pos- sible. Although advance notice may be possible in the case of an operation, it is understood that most requests will come about unexpectedly. Unanticipated requests require the employee to notify their immediate supervisor as soon as practical, but in no case later than two (2) hours following the beginning of their normal work schedule or shift. • • 0 • Sick Leave (Continued) 703.4.2.1.5. Limitation of Family Sick Leave Except as noted, employees may use up to five (5) eight (8) hour days; Police Department employees, Employees League, Employees Association, Depart- ment Directors and Key - Management personnel may use up to five (5) eight (8) hour days; Fire - fi hters Association members may use up to four (4q} twelve! (12) hour days per calendar year. 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 /her accumulated sick leave instead of vacation leave under the following conditions: Immediately upon return to duty, the employee submits a written request to his /her Department Director for sick leave and a written statement signed by his /her attending physician describing the nature and dates of illness and the period of disablement. The Department Director recommends and the City Manager approves the granting of such sick leave. 703.4.4. During Holidays Sick leave shall not be applied to absences which occur on a day designated as a I;ity holiday. 703.5. Abuse of Sick Leave Sick leave is a privilege granted to employees and abuse of this privilege will not be tolerated. 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 /she 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. 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. 31 • Sick Leave (Continued) • 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: The employee has used all his /her accumulated sick leave. 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. 32 • • Sick Leave (Continued) 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 no more than three calendar months unless in the judgment of the CitX Manager, a further extension would be justified in terms of the employee's training and experience, the specialized duties of his /her position and the length of time the City can reasonablX afford to fill the position on a temporary basis, or not have the duties performed. 703.6.5. Return to Duty Prior to resuming his /her duties the employee may be required to submit to a ph sical examination at his /her expense and as prescribed by the City Manager. The employees 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. Sick Leave Conversion for Active Employees Employees who at the end of the calendar year have an • accrued level of sick leave equal to or greater than the full value of fort x 140) months of accrued sick leave, and who have used six 6 or less days of sick leave during that calendar yyear will be permitted (only once per year) to convert up to six (6) days of sick leave to either salary or paid vacation at the value of 50% (maximum value of three (p) days per year). Those sick leave days converted under the provisions of this Section shall reduce the employee's first 800 hours (1200 hours for Fire Personnel on a 12 -hour shift) of the termination payoff eligibility described in Section. 703.8. Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. 33 E Sick Leave (Continued) • 703.8. Payment for Unused Sick Leave Upon Termination Upon paid retirement, termination in good standing or death, an employee or his /her estate shall be paid for a percentage of the employee's first 800 hours (1200 hours for Fire Personnel on a 12 -hour shift) of unused sick leave in the amount computed as provided below: Years of Service Less than 10 10 but less than 15 15 but less than 20 20 or more Percent of Unused Sick Leave Paid For None 25.0% 37.5% 50.0% 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. 703.9. Sick Leave Anniversary Date Changes The provisions of this Personnel Policies 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. 34 • • 704. Holiday Leave 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 /her accumulated total. When any other designated holiday occurs on Saturday, the employee shall receive an additional vacation day added to his /her accumulated total. • 35 SubJ'ect to the provisions contained herein, the following days shall be observed as paid holidays by-all employees in permanent positions except sworn Police Personnel, Fire Personnel represented by Firefighters Assn., personnel whose days off are work other than Saturday and Sunday and other personnel whose Director, require assignments, in the judgment of the Department their presence on the job. For each designated holiday,iexcept • the Floating Holidays such excepted personnel shall receve an in the judgment extra day of vacation or equivalent pay whichever of the Department Director best serves the interest of the Department. Independence Day July 4 Labor Day 1st Monday in September Veterans' Day November 11 Thanksgiving Day 4th Thursday in November Friday following Thanksgiving Christmas Eve Last Half of Working Day Christmas Day December 25 • New Year's Eve Last Half of Working Day New Year's Day January 1 Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Floating Holiday Following the Employee's City Employment Anniversary Date Birthday Holiday* *Eligibility determined (floating) according to Memoranda of Understanding. 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 /her accumulated total. When any other designated holiday occurs on Saturday, the employee shall receive an additional vacation day added to his /her accumulated total. • 35 Holiday Leave (Continued) • In addition to the designated holidays listed, 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. 704.1. Hours Paid 0 Employee League members scheduled to work 44 hours and 36 hours during a two -week work schedule will, when a holiday occurs during a work schedule, receive only an eight (8) hours pay for said holiday. 704.2. Holiday Pay Eligibilit Excluding members of the Newport Beach Firefighters Association, employees who work their scheduled day before and scheduled day after a holiday, or are on authorized leave (e.g., approved vacation, or sick - leave, that has been approved by the Department Director), will be eligible to receive holiday pay. b. Employees will be eligible to after they have been in active consecutive days. 705. Bereavement Leave 705.1. Defined receive holiday pay only • paid status for 30 The necessary absence from duty by an employee having a regular or probationary appointment because of the death or terminal illness of a member of his /her immediate family. 705.1.1. Immediate Family For the purposes of this Section, immediate family shall mean father, mother, brother, sister, wife, husband or child. For members of the Firefighters, City Employees, Professional/ Technical employees, League employees, Department Directors and key personnel, the immediate family shall include the employee's spouse's mother, father, brother and sister. 705.2. Maximum Allowed Such leave shall be limited to five year. The limit for Fire Department is seven and one -half (7.5) shifts. 36 (5) working days per calendar personnel on 12 -hour shifts • • Bereavement Leave (Continued) 705.3. Probationary Employees An employee serving his /her initial probation period who takes leave under this Section who for any reason terminates his /her City employment prior to the completion • completion of such probation period shall have his //her final paycheck reduced by the value of the leave he /she has taken. After completion of their initial twelve (12) months probationary period, Police Officers serving an extended probationary period shall not have any used bereavement leave deducted from their final paycheck should their City employment be terminated during the extended probationary period. 706. Maternity Leave Maternity Leave shall be treated as a medical leave and shall be subject to the provisions of Section 703. • • 37 707. Leave of Absence With -Pay • 707.1. Defined The absence of an employee from his /her regular work area, for reasons other than physical illness or injury or mental illness, during which he /she continues to receive regular salary and entitlement to all benefits. 707.2. Applicability • The provisions of this Section shall apply only to regular, full -time employees. 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 /her 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 /her regular work area during which regular salary and entitlement to all benefits are discontinued. 708.2. Applicability The provisions of this Section shall apply only to regular, fulltime employees. 708.3. Authorization Upon written recommendation of the Department Director, the City Manager may authorize leave- without -pay for a period or periods not to exceed 180 calendar days in a calendar year for purposes which are deemed beneficial to the City. 708.4. Extension of Sick Leave Requests for leave of absence - without -pay to extend sick leave will be governed by procedures established in Section 703.6. 38 • • Leave of Absence - Without -Pay (Continued) 708.5. Limitations a. Other than for purposes of extending sick 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 /she was receiving at the time the leave of absence - without -pay began. 708.6. Return to Duty An employee must give two (2) weeks notice prior to the date on which he /she 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 (Ch. 7, Section 395 et seq.). 710. Absence Without Leave An employee who is absent from duty shall report the reason for such absence to his /her Department Director or immediate super- visor prior to the date of expected absence whenever possible and in no case later than two hours after the beginning of his /her normal work shift. Absences not so reported will be considered absence - without -leave and will be so designated on the proper payroll forms. Employees who fail to report /advise of their absences as prescribed above also subject themselves to dis- cipline up to and including termination. . 39 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 speci- fically to insure prompt treatment of employees under such circum- stances 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 weekends and after normal working hours., industrial injury victims may be taken to a hospital facility. In accordance with Labor Code 4601, an employee may request one change of physicians, other than the doctor of initial treatment and may specify that a Chiropractor be included in the list of doctors offered for his /her selection. The employee may be treated by a physician of his /her choice, other than the doctor selected for initial treatment, after 30 days from the date the injury was reported, as outlined in Labor Code 4600. Requests • for such changes shall be directed to the Personnel Office. Upon written notification, prior to the date of a work injury, to the Personnel Office, an employee may designate his /her personal physician as his /her doctor of treatment for work injuries from the date of injury, under conditions outlined in Labor Code 4600. 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 to or transported to the nearest emergency treatment facility, generally the Emergency Room at Hoag Hospital. 801.2. Non - Emergent 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 neces- sary in cases where the injury is of such a minor nature that ordinary first -aid treatment will suffice. 40 • • 802. Industrial Accident Reporting Procedure (Continued) In the event of injury to an employee which has arisen out of, and in the course of 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 on his /her behalf, have reported the injury to the employee's supervisor or other appropriate superior. Employees are expected to report job - related injuries at the time they occur. Failure to comply within the time limitations specified in Section 5400 of the California Labor Code, and wherein the City has been misled or prejudiced by such failure, may cause industrial leave to be denied. 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 likelihood 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 /she should see a doctor, or in the judgment of the supervisor the employee should be treated by a doctor. 802.2. Fatal or Serious Injuries Fatal or serious injuries shall be reported immediately by telephone to the Personnel Department which in turn will ensure compliance with Section 6409.1 of the California Labor Code regarding special procedures in such cases. In the event of 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. • 41 Industrial Accident Reporting Procedure (Continued) • 802.3. 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 /her job or any other job within the City, until he /she has presented a properly authenticated doctor's referral slip to • his /her supervisor, or other accepptable assurance indicating his /her physical health will not be endangered further in the performance of his /her regular duties or other duties to which e /she 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 ongfinal injury, shall be returned to his /her 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. 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 /her completed referral slip and return this record to his /her supervisor, prior to being permitted to return to work. After noting qualifyying 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. 802.4.2. Supervisor's Copy One copy shall be retained by the originating supervisor as a continuing record of accidents /injuries among his /her employees. 802.4.3. Personnel Office Copy One copy shall be forwarded to the Personnel Department immediately. The Personnel Department shall ensure compliance with the California Labor Code regarding reporting of industrial accidents. 42 • • Industrial Accident Reporting Procedure (Continued) 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 circum- stances, 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 authorized 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. 803.2. 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 under the provisions of Section 4850 of • the California Labor Code. Amount of Employee's Maximum Industrial Continuous City Service Accident Leave At least one day but less 20 working days than six months At least six months but 6 calendar months less than five years Five years and over 1 calendar year 803.2.2. Police and Fire Personnel 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. • 43 Industrial Accident Leave (Continued) • 803.2.3. Temporary and Seasonal Employees Temporary and seasonal employees, including those employees assigned to the Police and Fire Departments who are not clearly within the scoppe of Section 4850 of the California Labor Code, shall not be entitled to industrial accident leave. Entitlement to Workers' 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 /her normal salary, which, when added to temporary disability benefits payable under the provisions of the Workers' Compensation laws of California equal his /her normal salary provided: a. He /she is entitled to receive benefits within the scope of the 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 /she A used all entitlements to industrial leaves specified in Section 803.2. may be granted, at the discretion of his /her Department Director, such portion of accrued sick leave necessary to assure receipt of the equivalent of his /her full salary. 803.4.1. Limitation Sick leave will not normally be granted to extended industrial accident leave when it is evident that the employee will be incapable of performing the duties of the position to which he /she was assigned. If the employee is eligible for immediate retirement under the provisions of the Public Employees Retirement System (P.E.R.S.) 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. 803.5. Workers' 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 Personnel Policies Resolution, cease to receive supple- mental wages under this Section. Entitlement to Workers' Compensation benefits will be unaffected. • 44 • Industrial Accident Leave (Continued) 803.6. Extension of Benefits Employees who are entitled to and are on industrial accident • leave (803 .2), sick leave extension (803.4) or other authorized absences which entitles the employee to normal pay status, shall during such authorized absences, continue to accrue vacation, holidays, sick leave and to earn eligibility for consideration for merit salary advancements. 803.7. Availability of Personnel Employees on industrial accident leave must remain in the imme- diate area while recovering from job - related injuries and must be available for any appointments or consultation as may be required by the City or other authorized agency. 803.8. Appeals Board Appearances Any employee who does not regain his /her pre - injury condition following recovery from an injury sustained in the course of his /her City employment but instead is permanently disabled to • measurable degree even though the existence of disability is his/her opinion alone, has the right to apply for a hearing before the Workers' Compensation Appeals Board, and to receive determination as to the extent of permanent disability, if any. • The time -off necessary to appear at his /her Appeals Board Hearing at the time it is scheduled shall be provided the employee by his /her Department Director. Time -off for this purpose will be considered industrial leave. Notices of hearings before the Workers' Compensation Appeals Board will be distributed to the appropriate Department Director by the Personnel Department as they are received. The Department Director or his /her designated representative will attend the Appeals Board Hearing of employees assigned to their Departments. 45 • 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 t e seriousness of the offense and with due consideration of 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 the Civil Service Rules and Regulations when an employee has regular status in the Civil Service System, the Civil Service Rules and Regulations 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 incompetency, inefficiency, dishonesty, misconduct, intoxication • while on duty, insubordination, or failure to observe departmental or City rules and regulations. An employee shall be fully advised of any disciplinary action, the reasons therefore, a copy of the charges and materials upon which the action is based. The employee shall be afforded the right to respond either orally or in writing to the Department Director initially imposing the discipline. 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 Managers' 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. • .[d • Disciplinary Procedure (Continued) 901.2.1. Discipline - Notice of Intent Employees who are the subject of substantial punitive • discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before his /her Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial Ta punitive discipline. It shall be understood tha f disciplinaryy penalty equal to an unpaid suspension of three 3) days, (5) days for members of the Newport Beach irefighters Association, or greater shall be substantial. All other discipline resulting in less than the a ove-no ed levels of discipline will be considered non - substantial and will not be subject to the aforementioned procedure. • This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the "Employer- Employee Resolution 7173. 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 /her probation period in the position he /she 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. 47 • Disciplinary Procedure (Continued) 902.1. Employee's Answer Within ten (10) calendar days after the effective date of the disciplinary action, the employee shall be entitled to submit to the City Manager, through his /her Department Director, a written request for review of the action taken. Such request will include copies of all materials pertaining to the disciplinary action. The City Manager shall then review the matter with the employee and the Department Director and uphold, modify or revoke the action taken. 902.2. Civil Service Board Review Except for reprimands and negative performance evaluations, 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. m • • 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 Personnel Policies Resolution. When inconsistencies exist between rules established in this Resolution and those powers granted to the Civil Service Board shall have precedence. 1001. Memoranda of Understanding In any case in which any provision of this Personnel Policies Resolution is inconsistent with the provision embodied in any memorandum of understanding between a recognized employee organi- zation and the City, approved by the City Council and executed, the provision contained in such memorandum of understanding shall supercede 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 Personnel Policies Resolution. 1003. Administrative Regulations • The City Manager is authorized to issue written administrative personnel regulations to augment or clarify the provisions of this Personnel Policies Resolution. 1004. City Smoking Regulation Policy 1004.1. Policy The City's policy is to abide by both the letter and intent of the Newport Beach Municipal Ordinance #85 -19, which has been added to Chapter 6.25 of the Newport Beach Municipal Code, Regulating smoking in work places. 49 • Miscellaneous Provisions (Continued) 1004.2. Procedure 1004.2.1. Definitions a. "Employee" shall mean any person who is employed • or under verbal written contract, for monetary compensation. b. "Work Places" shall mean all facilities under the control of employer including lobbies, hallways, work areas, lounges, libraries, restrooms, conference or meeting rooms, training rooms, and elevators. C. "Immediate work area" shall mean the one permanent and primary work station of any employee and shall include the employee's desk, cubicle, counter space or enclosed vehicle. Where more than three (3) employees work in a large common area, an employee may designate an area up to an 8 -foot radius in all directions from •his /her chair as a non - smoking area. d. "Smoke" or "smoking" shall include carrying or holding a lighted pipe, cigar, or cigarette of a kind or emitting or exhaling of smoke of any kind. 1004.2.2. Regulated Spaces a. Those facilities which are designated as non- smoking areas are: 1. Lobbies 2. Hallways and passageways 3. Restrooms and lounges 4. Meeting rooms 5. Conference rooms 6. Training rooms 7. A non - smoker's private office(s) (if designated by its occupant). 8. A non - smoker's immediate work area (if designated by its occupant). 9. A non - smoker who is assigned to operate an enclosed vehicle may designate the vehicle a non - smoking area. 6311 • • City Smoking Regulation Policy (Continued) 1004.2.2. Regulated Spaces (Continued) b. All non - smoking areas will be so designated by a sign which clearly and conspicuously states NO SMOKING ", in all capital lettering not less than one inch in heig t on a con - trasting background, and /or the International "no smoking" symbol. Such signs in hallways and passageway will be posted not less than 5 feet nor more than 8 feet above floor level. In meeting rooms, conference rooms, training rooms, and libraries such spaces will be clearly designated by signs on tables. 1004.2.3. Non - Regulated Spaces a. Any area not designated by this policy or by the City's smoking regulation ordinance. b. Any immediate work area, place, or station, not • designated as such by its primary occupant or operator. 1004.2.4. Complaints a. Complaints regarding smoking should be filed with the Department Director, who in turn will enact reasonable measures to satisfactorily resolve the complaint. • b. Any dispute arising between smokers and non- smokers which cannot be satisfactorily resolved interdepartmentally, shall be referred to the Director of Personnel who will attempt to accommodate the desires of both smokers and non- smokers. In the event an accommodation cannot be reached at this level, the Personnel Director will attempt to satisfy the preference of the non - smoker. 51 • City Smoking Regulation Policy (Continued) 1004.2.5. Notification to Employees In accordance with Newport Beach Municipal Code Section 1, Chapter 6.25: I. It is unlawful to willfully mutilate or destroy any signs required by this Policy. It is unlawful to smoke in any area posted as Violations of this section of the Newport Beach Municipal Code shall be an infraction and shall be punishable by a fine as provided in Section 1.04.010 of the Code. A separate offense shall be deemed to exist for each and every day during any portion of which any violation of any provision of this ordinance is commit- ted, continued or permitted by any person and shall be punishable accordingly. • Any employee failing to respect and follow the requirements of this policy is subject to the City's disciplinary procedures. Repeated failure to follow this policy could result in discharge. 1005. Drug and Alcohol Abuse 1005.1. Policy It is a job requirement, in all City job classifications, that an employee report to work sober and refrain from using alcohol or narcotics while on City time and /or while on City property. (Unless it is medically prescribed and documented in the employee's Personnel File.) The City's policy on drug and alcohol abuse should be made clear to all employees. Although the individual circum- stances will be considered, any employee with a drug or alcohol abuse problem is subject to dismissal. Every effort should be made to eliminate or probationary employees with alcohol or from regular employment with the City. 52 either applicants drug abuse problems is • • Drug and Alcohol Abuse (Continued) loo5.1. Policy (Continued) 3. If an alcohol or drug abuse problem is suspected in an applicant or probationary employee every effort will be made to verify the problem by any or all of the following methods: a. Reference checking b. Closer supervision /observation C. Confrontation d. Physical examinations and /or reliable scientific testing. If strong evidence or certain knowledge of a drug or alcohol abuse problem exists with a probationary employee, Personnel should be notified immediately so that the employee can be removed from the labor force. 4. If a drug or alcohol abuse problem surfaces with a regular/ permanent employee, the Personnel Director should be notified immediately. Following a thorough investigation, and consideration of the individual circumstances, a deter- mination will be made as to whether termination or conditional retention is in order. 5. If retention of the employee will not be hazardous to the employee, the City, or to other employees, every effort will be made to work with the employee in retaining his /her employment and seeking outside assistance for solution to the problem, through the City's "Employee Assistance Program ". 6. It shall be understood, however, that the decision to retain an employee who has a drug or alcohol abuse problem is conditional. The condition of continuation of employment is that the employee must successfully complete a prescribed drug or alcohol rehabilitation program, and maintain him /herself in a drug or alcohol free status from that time forward. 53 • SECTION XI. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Personnel Policies Resolution, or any additions or amend- ments thereto, or application thereof 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, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. SECTION XII. REPEAL Resolution No. 83 -89 and any amendments thereto are hereby repealed. 54 •