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HomeMy WebLinkAbout5289 - Personnel Policiesa CITY OF NEWPORT BEACH RESOLUTION N0. 5a Effective August 1, 1960 PAGE NO. SECTION I. DEFINITIONS 1 SECTION II. INTENT 4 A. Employment Standards 4 B. City's Responsibility to Employee 4 SECTION III. CLASSIFICATION PLAN 4 A. Preparation of Classification Plan 4 1. Classification of Positions 4 2. Preparation and Content of Class Specifications 4 3. Interpretation of Class Specifications 4 B. Adoption of Classification Plan 4 C. Administration and Maintenance of Classification Plan 4 SECTION IV. COMPENSATION PLAN 5 A. Salary Ranges and Salary Bates 5 1. Full-time Regular, Probationary, and Acting Appointments 5 2. Other Appointments 5 B. Hours of Work 5 1. Work Week 5 2. Work Shift 5 3. Work Schedule 5 C. Responsibilities of City Manager 5 D. Administration of Compensation Plan 5 1. Entrance Salary Rates 5 a. In General 5 b. Temporary Appointees 6 c. Department Reads and Other Rey Personnel 6 2. Advancement Within Salary Range 6 a. Probationary and Regular.Appointees 6 b, Department Heads and Other Key Personnel' 6 3. _Compensation on Demotion 6 a. Involuntary Demotion 7 b. Voluntary Demotion 7 .4. Probation Period 7 a. Compensation on Failure to Complete Probation Period 7 b. Extension of Probation Period 7 (1) Leave of Absence 7 (2) Additional Period for Performance Evaluation 7 SECTION V. SPECIAL CREENSATION PROVISIONS PAGE 8 NO. A. Reinstatement 8 1. Limitations 8 2. Compensation 8 B. Compensation on Position Reclassification 8 1. Class with Same Salary Range 8 2. Class with Higher Salary Range 8 3. Class with Lower Salary Range 8 C. Compensation on Transfer 8 D. Compensation for Portion of Pay Period 8 E. Changes in Class Salary Range 9 F. Compensation for Acting Appointments 9 G. Changes in Salary Anniversary Date 9 H. Compensation for Overtime 9 1. Full -time Probationary and Regular Appointees 9 a. Standby Duty 9 b. Call -back Duty 10 c. Incidental Overtime 10 2. Fire Department Personnel on 12 -hour Shifts 10 a. Shift Hold -over 10 b. Standby Duty 10 c. Fire or Similar Emergency 10 3. Police Department Personnel in Detective Bureau 10 4. Department Heads and Other Key Personnel 10 5. Other Employees 10 6. Court Time 10 7. Accumulation of Compensatory Time Off 10 S. Special Overtime 11 9. Jury Duty 11 SECTION VI. LEAVES OF ABSENCE 11 A. Vacation Leave 11 1. Basis for Accrual 11 a. Full -time Probationary, Regular, and Acting Appoint- ments 11 b. Fire Department Personnel on 12 -hour Shifts 11 c. Part-time Probationary, Regular, and Acting Appoint- ments 11 d. Other Appointments 11 e. Longevity Vacations 11 (1) Full-time Probationary, Regular, and Acting Appointments 11 (2) Fire Department Personnel on 12 -hour Shifts 11 (3) Other Appointments 12 f. Accumulation of Vacation Leave 12 PAGE N0. 2. Method of use 12 3. Other Provisions 12 a. Terminal Vacation Pay 12 b. Vacation Schedules 12 c. Vacation Anniversary Date Changes 12 B. Sick Leave 12 1. Basis for Accrual 12 a. Full -time Probationary and Regular Appointees 12 b. Fire Department Personnel on 12 -hour Shifts 12 c. Part-time Probationary and Regular Appointees 13 d. Other Appointees 13 e. Accumulation of Sick Leave 13 2. Limitations on Use 13 a. Completion of Probation Period Required 13 b. Department Read's Approval Necessary 13 c. For Sickness Only 13 d. Sick Leave During Vacation 13 e. Other Limitations 13 3. Penalty for Sick Leave Abuse 14 4. Other Provisions 14 a. No Terminal Sick Leave Pay 14 b. Sick Leave Anniversary Date Changes 14 c. Extended Sick Leave 14 C. Holiday Leave 15 D. Industrial Accident Leave 15 1. Compensation 15 2. Accumulation of Leave Benefits 15 E. Bereavement Leave 16 F. Special Leave 16 1. 180 Calendar Days or Less 16 2. In Excess of 180 Calendar Days 16 G. Military Leave 16 H. Absence Without Leave 16 I. Compulsory Leaves of Absence or Termination 16 SECTION VII. DISCIPLINARY ACTIONS 16 A. Disciplinary Procedure 16 1. Reprimand 17 2. Suspension 17 a. Five Working Days or Less 17 b. In Excdss of Five Working Days 17 3. B. APP 1. 2. 3. Demotion or Dismissal 17 eal Procedure 17 Request for Reasons 17 Employee's Answer 17 Civil Service Board Review 17 w PAGE NO. SECTION V III. PROBATIONARY APPOINTKENT FOLWWING T ORARY APPOINT[lENT 17 SECTION I%. TRA1Vog 18 A. Required Training 18 B. Desirable Training 18 SECTION X. MISCELLANEOUS PROVISIONS 18 A. Consideration of Employee Requests 18 S. Continuity of Service Requirements 18 C. Avoidance of Inequities 19 D. Administrative Regulations 19 SECTION %I. REPEAL 19 SECTION' %II. EFFECTIVE DATE 19 DRAFT 7/15/60 RESOLOTION No. 5a 8 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BRACH ESTABLISHING PERSONNEL POLICIES FOR ALL EMPLOYEES OF THE CITY WHEREAS, Section 2200 of the Municipal Code provides that the City Council by resolution shall establish personnel policies for all City employees upon recommenda- tion of the City Manager, and; WHEREAS, the City Manager has recommended that the following personnel policies be adopted by the City Council; NOW, TESRBPORE, BE IT ABSOLVED that the City Council of the City of Newport Beach does hereby adopt the followinss SECTION I. ,DEFINITIONS. The following terms, whenever used in this resolution, shall be construed•as follows: Acting appointments. The appointment for a limited period of a person who is already a probationary or regular employee to a position in a higher class for which there is no employment list; to a position in a higher class occupied by a regular appointee can suspension; or to a position in a higher class occupied by a probationary or regular appointee who is on an authorized leave of absence. Allocation. The allocation of a single position to the proper class in accordance with the specifications for that class. Or, the assignment of a class to a salary range or salary rate. Appointment. The employment of a person in a position. Class. A group of positions sufficiently similar in duties, responsibilities, authority, and minimum qualifications for employment to permit combining them under a single title and the equitable application of common standards of selection and compensation. Glassification Plan. The designation by City Council resolution of a title for each class, together with the specifications for each class as prepared and main- tained by the City Manager. Class specifications. A written description of a class, setting forth factors and condition a' which are essential characteristics of positions in the class. Continuous service. The employment without break or interruption of an employee having a probationary or regular appointment. C3221neation Plan. The assignment by City Council resolution of salary ranges and /or salary rates to each class. Demotion. The voluntary or.involuatary reduction of a regular employee from a position in one class to a position in another class having a lower maximum salary rate. 40 The involuntary separation of an employee from the City service, A person legally occupying a position. Original appointment. A person's first appointment as a City employee. Overtime, The working by a probationary or regular employee in a full4time position of more hours thaij are required for a full work shift for the position. Part -time position. A position having a work week of fewer hours than the work week established for full -time positions in the class. A part -time position may be either temporary or permanent. Permanent position. A full -time or part -time position that is individually authorized in the budget and which is expected to exist indefinitely. Personnel Action Forma The multi - purpose form used for processing changes in an em- ployee s salary rate, The status,;or other matters contemplated in this resolution. Position. A combination of qurrent duties and responsibilities assigned to a single employee and performed on either a full -time or part -time basis. Probationary appointment. The probationary employment of a person in a permanent position. A probationary appointment is for a specified period, during which job performance is evaluated as the basis for a subsequent regular appointment. Probationary employee. An employee who has a probationary appointment to a permanent Position. Probation period. A working test period that is part of the selection process and during which an employee is required to demonstrate his fitness for the duties of the position to which he has been assigned by actual performance of such duties.As used in this rasm'lution, the term 'initial probation period" shall mean an employee's first probation period during his continuous City employment. Probationary status. The status of a person who has a probationary appointment. Promotion. The advancement of an employee from a position in one class to a position in'another class having a higher maximum salary rate. Reclassification. The reassignment of a position from one class to a different class in accordance with a re- evaluation of the minimum qualifications, duties, and re- sponsibilities of the position. Regular appointment. The regular employment of a person in a permanent position. A regular appointment follows successful completion of a probation period, when applic- able, and signifies satisfactory performance of duties and responsibilities in the permanent.position to which the employee is assigned. Regular employee. An employee who has successfully completed his probation period in a permanent position. The status of an employee who has acquired a regular appointment. Reinstatement. Theire- employment of a former employee. Relec,tion. The involuntary separation from the City service of an employee who does not successfully complete his probation period in a position and who does not have -2- regular status in another position in a different classg or, the reduction of an employee did not successfully complete his probation period in a position to another position rn� a different class in which he had previously acquired regular status. Revrimand., An oral or written reprimand made as a disciplinary action. Resignation. The voluntary separation of an employee from the City service. Salary anniversary date. The future date on which a probationary or regular employee is eligible!, on the basis of satisfactory job performance for a prescribed period, for a merit salary advance within the salary range established for the class of position he occupies. Salary.range. The range of salary rates for a class. Salary rate. The dollar amount of each step in a salary ranged or, the flat dollar amount of salary for a class not having a salary range. Salary step. The minimum through maximum salary increments of a 5 -step salary range as designated by the letters As B, C, D. and B. Suspension. As a disciplinary action, the temporary separation without pay of an em- ployee from the City service. Temporary appointment. An appointment to a temporary or permanent position for which there is no employment list, for a limited period, of a person who is not already a City employee. Unless approved by the City Manager, no person may be employed for more than 120 calendar days in a calendar year under one or more temporary appointments. Temporary position. A full -time or part -time position of limited duration. Termination. The separation of an employee from the City service because of retirement, resignation, death, or dismissal. .Transfer. A change of an employee from one position to another position in the same class or in .another class having the same maximum salary sate, involving the perform- ance of basically similar duties, and requiring substantially the same minimum quali- fications. Vacancy. A position that is not occupied by an employee having either a probationary or regular appointment to the position. .Work schedule. The assignment of a position to a work ,shift or series of work shifts in a 7- calendar day period. Work shift. The number of working hours per day required of an employee occuping a particular position. Work week.. The number of working hours in a 7- calendar day period as established for a particular position or class. Merit salary advancement. The increase of an employee's salary within the salary �ange established for the class of position he occupies as a result of satisfactory ob performance in such position. -3- SECTION II. INTENT. It is the intent of this resolution to recognize the following �principles: A. Employment Standards. The City Council and all the citizens of Newport Beach have the right to expect that the City will employ the best qualified persons available, with preference to the citizens of Newport Beach, qualifications being otherwise equal; that the tenure of every City employee will be based on a demonstra- ted need for the work performed, availability of funds, faithful and effective per- formance, proper personal conduct, and continuing fitness for his position; and that each employee will be encouraged, trained, and developed to assure optimum performance. B. City's Responsibility to Employee. Each employee of the City of Newport Beach has the right'to expect that he will be fully informed of his duties and responsi- bilities; that he will be provided with adequate administrative and supervisory direction; that he will be informed of how well he is performing his duties and his level of performance; that promotions will be made on the basis of merit and ability; that progressively improved work performance over an extehded period will be recog- nized and rewarded and that incompetence will not be tolerated; and that he will not be subject to suspension, demotion, or dismissal without justification. SECTION III. Q ASSIPICATION PiAN. A. Preparation of Classification Plan. 1. Classification of Positions. All positions in the City service shall be grouped into classes. Each class shall include those positions sufficiently similar in duties and responsibilities to require similar standards of educa- tion, experience, abilities, and personal traits. 2. Preparation and Content of Class Specifications. The City Manager shall be responsible for preparing and maintaining class specifications for all positions. When the positions in any class are under Civil Service, the specifications shall be subject to approval by the Civil Service Board. The specifications shall include, but not be limited to, a list of typical duties and a statement of the minimum qualifications required for appointment. It shall be understood that all positions require the ability to read, write, and speak the English language; to follow written and oral instructions; to maintain satisfactory relations with co=workers and the public; and reliability, sobriety, integrity, loyalty, and a record of orderly, law -abiding citizenship. 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. B. Adoption of Classification Plan. Classes of positions in the Classifications plan shall be 'established and listed by resolution of the City Council. C. Administration and Maintenance of Classification Plan. The City Manager shall be responsible for, but may delegate, the administration and maintenance of the Classification Plan. At least annually, the City Manager shall direct a review of the existing Classification Plan to insure that it is effectively maintained doand that it reflects any significant changes in duties and responsibilities of positions. -4m The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorisation and to Civil Service Board approval when civil service positions are involved. No reclassification of a position shall be made without the prior knowledge of the employee in the position. SECTION IW. COMPBMSATM PLAN. A. Salary Ranges and Salary Rates. The establishment of salary ranges and salary rates and the allocation of classes thereto shall be by resolution of the City Council. The type of his appointment shall determine whether an employee's salary rate shall be on a biweekly or hourly basis. 1.__ Fmll -time Reanlsr.Probationarv. and Acting Anuointmenta. An employee having a regular, probationary, or acting appointment that is on a full -time basis shall be compensated at a biweekly rate. 2. Other A000intments. An employee having any other type of appointment shall be compensated at an hourly rate. B. Hours of Work. finless otherwise prescribed in writing by the City Manager, the work week, work shift, and work schedule for each position shall be as follows-. 1. Work Weak. The work week for all full -time positions, except those in the Fire Department having 12 -hour work shifts, shall be 40 hours. The work week for Fire Department positions having 12 -hour work shifts shall be 72 hours. 2. Work Shift. For all full -time positions except those in the Fire Depart- ment the work shift shall be 8 hours. For all such Fire Department positions, except those designated by the Fire Chief and approved by the City Manager, the work shift shall be 12 hours; for the excepted positions the work.shift shall be 8 hour. 3. Work Schedule. The work schedule for each position shall be as established by the department head. C. Responsibilities of City Manager. Employees shall be paid at biweekly or hourly rates es determined by the City Manager, subject to the provisions of this section. At least annually the City Manager shall review the existing Compensation Plan and recommend to the City Council a salary range and salary rates for each class for which he is the appointing authority. In determining salary ranges and salary rates, consideration shall be given to both basic pay and working conditions in comparable public and private employment in the recruitment area. D. Adanisttation of Compensation Plan. 1. Entrance Salary Rates. AA ' be a In Oeaeral. Except as otherwise provided herein, all new employees shall be at the first step of the salary range in effect for the class in which the appointment is made. The City Manager may, how- ever, authorize initial City employment at a salary rate up to and includ- ing the third step of the salary range. -5- b'. Temporary Appointees. Persons employed or re-employed for temporary or seasonal service may, upon written recommendation by the department - head and approval by the City Manager, be compensated at any rate estab- lished for the class. c. Department Heads and Other Key Personnel. The provisions of the com- pensation Plan with respect to entrance salary rates shall not apply to department heads and other key personnel positions to which any appointments are made by the City Manager. Such positions shall be listed from time to time by resolution of the City Council on recommendation of the City Manager, 2. Advancement Within Salary Range. Except as herein provided, the advance- ment of an employee's salary within the salary range for his class shall be based on the type of his appointment. a. Probationary and Regular Appointees. (1) Probationary appointees in positions to which they have been originally or promotionally appointed shall, upon such appointment, receive a new salary anniversary date, begin serving a probation period, and, if promotionally appointed, advance to the first step in the salary range of the higher position that constitutes a salary Increase. (2) Upon satisfactory completion of their probation periods, as evidenced in writing by the department head and approved by the City !tanager, they shall advance to the next higher step in the salary range and become regular appointees. They shall receive a new salary anniversary date upon such advance. (3) Regular appointees who demonstrate continued satisfactory per- formance shall earn eligibility for subsequent annual merit salary advancements within the salary range upon written recommendation by the department head and approval by the City Manager. (4) If the department head declines to recommend an annual merit salary advancement such advancement shall be withheld and the depart - ffient head shall state his reasons in a wrieten evaluation of the employee °s job performance for the period in which such performance is being evaluated; such evaluation shall be reviewed by the depart- ment head with the employee and a copy of the evaluation forwarded to the City Manager. When, in the judgment of the department head, the employee has at any time thereafter earned a merit increase, he shall so ree�mmend in writing to the City Manager. Upon written approval by the City Manager, the employee shall advance to the next higher step in the salary range and receive a new salary anniversary date.. Subsequent annual merit salary advancements shall be granted in accordance with.Section IV, D, 2, a, (3) herein. b. .Department Heads and Other Key Personnel. The provisions of the Compensation Plan with respect to 'advancements within salary ranges shall not apply to department heads and other key personnel. Such employees may be advanced within salary ranges at the discretion of the City Manager. 3. Compensation on Demotion. ohm 0 40 a. Involuntary Demotion. An employee who is involuntarily demoted shall have his salary rate reduced to the nearest lower salary rate of the class of position to which he is demoted. He shall not be required to serve a probation period in the lower position. The effective date of his demotion shall become his new salary anniversary date and he shall subsequently earn eligibility for annual merit salary advances in accordance with Section IV, D, 28 a, (3) herein. b. Voluntary Demotion. An employee who is demoted at his own request shall have his salary reduced to the same salary rate in the lower salary range that he was receiving prior to the demotion; if his salary rate prior to the demotion was higher than the maximum salary rate of the lower position he shall receive the latter. The employee shall not be required to serve a probation period in the lower position, and he shall retain the salary anniversary date he had in the higher position. 4. Probation Period. Except as otherwise provided herein, a 6-mouths proba- tion period shall apply to all appointments except temporary appointments, acting appointments, and appointments to positions designated by resolution of the City Council as department head or key personnel positions. a. Compensation on Failure to Complete Probation Period. The compensa- tion of an employee who is rejected during his probation period in a class of position and who is assigned to a class of position having a lower salary range shall be as follows: If the employee had previously completed a probation period in the lower position he shall not be required to serve another one; his last salary rate and salary anniversary date in the lower position shall be his new salary rate and salary anniversary date upon reassignment to that position; and he shall earn eligibility to receive subsequent annual merit salary advancements in accordance with Section IV, D, 2, a, (3) herein. If the employee bad not previously completed a probation period in the lower position the effective date of his reassignment to that position shall be his new salary anniversary date; he shall be required to 'serve a probation period; and he shall earn eligibility to receive subsequent merit salary advancements in accordance with Section N, D, 2, a herein. b. Extension of Probation Period. (1) leave of Absence. Temporary military leave or any leave of ab- sence without pay exceeding 15 calendar days shall cause the employee's probation period to be extended by the number of calendar days of such leave that are in excess of 15 calendar days. (2) Additional Period for Performance Evaluation. On written recom- mendation by the department head and written approval by the City Manager, an employee's probation period may be extended for a maximum of 6 months beyond the normal 6 months period. The purpose of such extension shall be to allow the department head additional time to evaluate the employee's job performance. After the first six months of the probation period have elapsed, the employee shall be advised in writing whether he has successfully completed his probation period. If not, and if an extension of his probation period has been approved, he shall be advised in writing of his status when such extension expires. m7. On the expiration of such extension, the provisions of Section Iva D, 2. a, (2) of this resolution shall apply. A. Reinstatement. 1. Limitations. On recommendation by the department head and approval by the City Manager, a former employee may be reinstated to the class of position he occupied at the time of his termination, irrespective of the exis.tance 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 re-employment lists for such class. b. He had completed at least one year of continuous service in the class immediately prior to his termination. c. He terminated his City employment under favorable circumstances. d. The reinstatement must occur within one year after his termination. e.. He may be required to serve a probation period. f. He may be required to take a medical examination at his expense and as prescribed by the City Manager. 2. Compensation. The compensation of a former City employee who is reinstated in the class of position he occupied at termination shall be as determined by the City Manager. B. Compensation on Position Reclassification. The salary of an employee in a position that is reclassified shall be determined as follows: 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 encumbent is appointed to the reclassified position, the salary rate and the salary anniver- sary date of the employee shall not change. This provision shall also apply to a change of class title, provided there is no change in the basic duties of the position. 2. -Class with Higher Salary Range. I£ the position is reclassified to a class wiSh`a higher salary range than the previous class, and if the encumbent is appointed to the reclassified position, the change in his salary shall be governed by'Section IV, D, 2, a, (1) herein. 3. Class with Lower Salary Range. If tha position is reclassified to a class with a lower salary range than the previous class, and if the encumbent is appointed to the reclassified position, his salary shall not change unless it is greater than the maximum step of the lower salary range, in which case it shall be reduced to the maximum step of the new range. The employee's salary anniversary date shall not change and he shall not be required to serve a new probation period. C. Compensation on Transfer. The salary rate and salary anniversary date of an employee who is transferred shall not change. D. Compensation for Portion of Pay Period. A regular or probationary appointee serving on a full -time basis who works less than a full biweekly pay period, except ag.. when on authorized leave of absence with pay, shall receive as compensation for such period an amount equal to the number of hours worked times the employee's hourly rate. The number of hours worked in such biweekly,pay period shall include paid holidays. _. .Changes in Class Salary Range. If a class is allocated to a different salary range an employee in a position in that class shall be compensated at the same step in the new range as he was receiving in the previous range, and his salary anniver- sary date shall not change. X. Compensation for Acting Appointments. Subject to the following limitations, an employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which he is normally assigned shall receive the entrance salary rate of the higher salary range or one rate higher than the rate he normally receives, whichever is greater. 1. The written approval of the City Manager shall be required. 2. The employee shall perform all the duties and assume all the responsibilities of the higher class. 3. Only after the employee has served the following number of hours in the higher class may he be compensated at a higher rate. Such hours may be accumulated during one or more acting appointments, provided they are for at least one work week: _stab ,,shed work week for class 40 72 $ours to _be worked before additional compensation may be granted 120 216' After the employee has worked the required hours in the higher class, he shall receive additional compensation for subsequent acting appointments in that class, provided that any such subsequent acting appointment of less than a normal work week(i.e., 5 consecutive 8mhour shifts or 6 consecutive 12 =hour shifts)shall not be compensable at a higher rate. G. Changes in Salary Anniversary Date. The granting of any leave of absence with- out pay exceeding 30 calendar days shall result in a new salary anniversary date for the employee. Such date shall be based on his original salary anniversary date plus the number of calendar days o£ his leave in excess of 30 calendar days. R. Compensation for Overtime. Subject to approval by the City Manager and to the following provisions, a' department head may prescribe reasonable periods of overtime work to meet operational needs of his department. Except as otherwise provided herein, overtime shall either be paid'at the hourly equivalent of the employee's biweekly salary rate or granted as equivalent compensa- tory time off. The method of compensation shall be at the discretion of the depart® ment head. 1. ,Full-time Probationary and Regular Appointees. The following provisions shall apply to all ;full-time regular and' probationary appointees, except Fire Department personnel'on 12mhour shifts and Police Department personnel assigned to the Detective Bureaus a. Standby Duty. Standby duty in classes designated..by the City Manager shall be compensated at the rate of 1 hour of overtime compensation for each 8 hours of such duty. Such compensation on holidays shall be at the rate of 2 hours of overtime compensation for each 8 hours of standby duty. -9. b. Call-back Duty. In addition to standby compensation, if any, employees in classes designated by the City Manager shall receive a minimum of 2 hours overtime compensation for any call which requires them to return to duty. c. Incidental Overtime. Incidental overtime is not compensable. It is defined as overtime of less than k hour that is non - recurrent and which is not standby duty, call-back duty, or court time. 2. Fire Department Personnel on 12-hour Shifts. Fire Department personnel on 12-hour shifts shall receive overtime compensation as follows: a. Shift Hold -over. If an employee is required to work an extra 12-hour 'shift, or 1 or more hours thereof, because of the absence of another employee assigned to that shift, such overtime shall be compensatle at the hourly equivalent of his biweekly salary based on a 72 -hour week or by equivalent compensatory time off. b. Standby Duty. An employee who is required to return to work during his off -duty hours for standby duty, as distinguished from actual fire- fighting or similar emergency, shall be compensated at the same rate as employees on shift hold -over. c. Fire or Similar Emergency. If an employee who is not on standby or shift hold -over duty is required to return to work or to continue on duty during his off -duty hours for actual fire - fighting or similar emergency designated by the department head, he shall receive a minimum of 3 hours overtime compensation for the first hour and 1 hour overtime compensation for each hour thereafter. Such overtime compensation shall be at the hourly equivalent of his biweekly salary based on a 72-hour work week or equivalent compensatory time off. 3. Police Department Personnel in Detective Bureau. Police Department personnel assigned by the Police Chief to the Detective Bureau, except the clerical staff, shall not be eligible to receive paid overtime compensation for service in the Detective Bureau unless approved by the City Manager; subject to the discretion of the Police Chief and to paragraph 7 of this subsection, however, they may take compensatory time off for unusual amounts of overtime worked. A flat rate for each pay period to cover all miscellaneous expenses incurred in the performance of their duties and normal overtime worked shall be specified by the City Council and added to their salaries. 4. Department Heads and Other &ey Personnel, Department heads and other key personnel shall not be eligible for paid overtime. Compensatory time off for work beyond the normal work week may be granted at the discretion of the City Manager. 5. Other Employees. Other employees, except Paid Call Firemen, shall be paid at the hourly rate established for their class based on the number of hours actually worked. 6. 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 2 hours of such compensation. 7. Accumulation of Compensatory Time Off. Accumulated overtime most be taken off or paid for no later than the end of the month following the month in which it was worked; provided, however, that such accumulated overtime may be taken off or paid for at a later date if the City Manager in writing authorizes such procedure prior to the time such overtime is worked. =lO= • 8. Special Overtime. Police and Fire personnel assigned by the department head to work as policemen or firemen during their off -duty hours for private employers shall receive paid overtime compensation at an hourly rate specified in the Compensation Plan. 1 dury Duty. No deduction shall be made in the salary of an employee who serves on a jury if he has waived or remitted to the City his fee for such jury duty. If he has not so waived or remitted the jury fee, he shall be paid only for the time he actually works in his City position. An employee accepted for jury duty shall immediately notify his department head in writing whether or not he waives or remits his jury fee to the City. SECTION VI. LEAVES OF ABSENCE. For the purpose of computing his entitlement to leaves of absence, an employee s continuous service shall be based on the effective date on which he received his initial probationary appointment in the City service. Such date shall be the employee's anniversary date for vacation and sick leave purposes, subject to the pro- visions contained herein. A. Vacation Leave. 1. Basislfor Accrual. a. Full -time Probationary. Regular, and Acting Appointments. An employee having a full -time probationary, regular, or acting appointment, except Fire Department personnel on 12 -hour shifts, shall accrue vacation leave with pay at the rate of one working day for each full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. b. Fire Department Personnel on 12 -hour Shifts. Fire Department personnel on 12 -hour shifts shall accrue vacation leave with pay at the rate of one and one half calendar days for each full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. c. Part -time Probationary. Regplar, and Acting Appointments, An employee having a probationary, regular, or,acting appointment that is less then full -time but is half -time or more shall receive vacation leave with pay at the rate of one half working day for each full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. d. Other Appointments. Employees having temporary or less than half- time appointments shall not be entitled to receive vacation leave with pay- e: Longevity Vacations. Employees who have completed fifteen or more years of continuous service shall thereafter accrue longevity vacations as follows: (1) Full -time Probationary, , and Acting Appointments. An employee having a probationary, regales, or acting appointment that is on a full -time basis, except Fire Department personnel on 12 -hour shifts, shall accrue one and one fourth working days vacation for each full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. (2) Fire Department Personnel on 12 -hour Shifts. Fire Department personnel on 12 -hour shifts shall accrue two calendar days vacation .11- leave for each full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. (3) Other Appointments. Employees having temporary or less than full -time appointments shall not be entitled to receive longevity vacations. f. Accumulation of Vacation Leave. Accumulation of vacation leave in excess of that earned for one year of service is prohibited, unless approved by the department head. In no case shall any accumulation of vacation leave exceed that earned for two years of service. Vacation leave accumulated in excess of that normally earned for two years of service shall be forfeited. 2. Method of Use. Vacation leave taken shall not be in excess of that actually earned at the time it is taken, and in no case may it be taken prior to the completion of the employee's probation period. 3. Other Provisions. a. Terminal Vacation Pay. Any employee who has accrued vacation leave, who has completed his probation period, and whose employment terminates shall receive terminal vacation pay for such accrued vacation based an the hourly equivalent of the salary he received at the time of his termination. An employee who terminates while serving a probation period in a position to which he has been promoted shall receive terminal vacation pay based on the hourly equivalent of the salary he received immediately prior to his promotion, provided he has successfully completed his probation period in the position from which he was promoted. An employee who has not completed a probation period in at least one position shall not receive terminal.vacation pay. b. Vacation Schedules. Vacations shall be scheduled as determined by the department head, taking into consideration whenever possible the seniority and wishes of the employee. c. Vacation Anniversary Date Changes. Any leave of absence without pay exceeding fifteen consecutive days shall result in a new vacation anniver- sary date. Such date shall be based on the employee's original vacation anniversary date plus the number of consecutive days of his leave of absence without pay that is in excess of fifteen consecutive days. 8. Sick Leave. 1. Basis for Accrual. a. Full -time Probational and Regular Appointees. An employee having a full -time probationary or regular appointment, except Fire Department personnel on 12 -hour shifts, shall accrue sick leave with pay at the rate of one working day for each full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. lIb. Fire Department Personnel on 12 -hoar Shifts. Fire Department person- nel on 12 -hour shifts shall accrue sick leave with pay at the rate of lke -12- Il12 -hour shifts for each full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. '49 c. Part -time Probationary and Regular Appointees. An employee having a probationary or regular appointment that is less than full -timed but is half -time or more, shall accrue sick leave with pay at the rate of I work- ing day for each full month of continuous service in which the employee has worked or has been on authorized leave of absence with pay. d. Other Appointees. Employees having temporary or less than half-time appointments shall not be entitled to receive sick leave with pay. IOa. Accumulation of Sick Leave. Sick leave may be accumulated without limit. 2. Limitations an Use. a. Completion of Probation Period Re uq iced. Sick leave taken shall not be in excess of that actually earned at the time it is taken, and in no case may it be taken prior to the completion of the employee's initial probation period. b. Department Head's Approval Necessary. Sick leave may be granted only with the approval of the department head and only in case of a bona fide illness of the employee. The department head may require a physician's certificate or other evidence of the adequacy of the reason for the employee's absence during the period for which sick leave was requested. c. For Sickness Only. Sick leave shall be used for sickness of the employee and shall not be used in lieu of or added to vacation. At the option of the employee, however, accrued vacation leave and /or compensa- tory time off may be used for sickness when all his sick leave has been taken. An employee who continues to be disabled or ill after he has taken the maximum industrial accident leave provided in Section vI, D herein may use a proportionate amount of his accumulated sick leave to supple- ment temporary disability indemnity so that he will receive the equiva- lent of his full salary. d. Sick Leave During vacation. An employee who becomes ill while on vacation may have such ,period of illness charged to his accumulated sick leave instead of to vacation provided: (1) Immediately upon return to duty the employee submits to his department head a written request for sick leave and a written statement signed by his physician describing_ the nature and dates of the illness. (2)e The department.head recommends and the City Manager approves /' the granting of such sick leave. a. Other Limit: ions. No employee shall be entitled to accrue or to take sick leave with pay while absent from duty for any of the following reasons: (1) Disability or illness arising from compensated employment other than with the City of Newport Beach. (2) Leave of absence without pay. _13- �(3) Absence because of intoxication or for the purpose of recovering from intoxication, 3. Penalty Eor Sick Leave Abuse. When in the judgment of the department head, the employee a reason for being absent because of alleged sickness is inadequate, he shall indicate on the payroll form that the absence was absence without leave; the department head shall also submit.a Personnel Action Form indicating a sus- pension for each day or portion of a day of such absence. As a minimum disci- plinary action, 2 days of accumulated sick leave shall be deducted from the employee's sick leave accumulation for each day or portion of a day of such sus- pension. 4. Other Provisions. a. No Terminal Sick Leave Pay. No payment shall be granted to an employee for accrued sick leave at the time of his termination. Termination of an employee's continuous service, except by reason of lay-off for lack of work or funds, shall abrogate all sick leave accrued at the time of such termi- nation, regardless of whether the employee subsequently re- enters the City service. b. _Sick Leave Anniversary Date C nee. The provisions of this resolution applicable to vacation anniversary date changes arising from-the granting of a leave of absence without pay in excess of 30 calendar days or any suspension shall also apply to sick leave anniversary dates. c. M tended Sick Leave. On written request of the employee and recommen- dation by the department head, the City Manager may authorize in writing a leave of absence without pay for the purpose of recovering from an ill- ness, provided: (1) The employee has used all his accumulated sick leave and vacation. (2) The employee has been continuously employed in the City service for at least 1 year. (3) The employee presents to his department head for referral to and consideration by the City Manager a written explanation of the employee's illness and an estimate of the time needed for re- covery signed by the employee's physician. (4) Prior to resuming his duties the employee may be required to take a medical examination at his expense and as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager in determi- ning the employee's fitness to return to work.. (5) The maximum period of such leave shall be 3 calendar months. If the employee desires an extension he shall follow, prior to the termination of the initial leave, the procedure described in subparagraph (3), above. There may be only 1 such extension and it may be only for 3 calendar months, unless in the judgment of the City Manager a further extension would be justified in terms of the employee's training and experience, the specialized duties of his position, and the length of time the City can reasonably afford to fill the position on a temporary basis or not have the duties per- formed. -14- LJ • C. Holiday Leave. The following days, and such other days or portions of days as may be designated by motion of the City Council, shall be observed as paid holidays by all employees in permanent positions except Police and Fire personnel on 12 -hour shifts. For each designated holiday such Police and Fire personnel shall receive an extra day of vacation or equivalent pay, whichever in the judgment of the depart - ment head best serves the interests of the department. January 1 (New Year's Day) February.12 (Lincoln's Birthday) February 22 (Washington's Birthday) May 30 (Memorial Day) July 4 (Independence Day) First Monday in September (Labor Day) October 12 (Columbus Day) November 11 (Veterans' Day) Fourth Thursday in November(Thanksgiving Day) December 25 (Christmas) State -wide election days When a holiday occurs on Sunday, the following Monday will be observed instead. D. Industrial Accident Leave. 1. Compensation. An employee who is absent from duty because of an on- the -job injury sustained during his City employment shall, during such absence, receive that portion of his normal salary which, when added to compensation payments made to him under the provisions of the California Workman's Compensation Law, equals his normal salary, provided: he receives compensation payments under the provisions of such Law; the City's payment of the portion of his normal salary shall be limited to the maximum periods designated in the following schedules Schedule A— In General. The following schedule shall be applicable to all 'full -time probationary and regular employees except police and fire personnel covered by the provisions of Section 4850 of the California Labor Codes Amount of employee's Maximum industrial Continuous Gity service accident leave At least 1 day and less than 6 months At least 6 months and less than 5 years 5 years and over 20 working days 6 months 1 year Schedule B -- Police and F$re Personnel. Police and fire personnel, as described in Schedule A, immediately above, shall receive such industrial accident leave compensation as is provided in Section 4850 of the California Labor Code. Schedule C -- Temporary and Less than half -time Personnel. The maximum amount of industrial accident leave for all such personnel shall be 20 working days. 2. Accumulation of Leave Benefits. Any employee, except those having temporary or less than half -time appointments., shall continue to accrue vacation, holidays sick leave and to earn eligibility for consideration for merit salary increases during an absence resulting from an on- the -job injury, provided he receives compensation payments under the provisions of the California Workman's Compensa- tion Law. -15- E. Bereavemeat Leave. Whenever an employee who is eligible to receive sick leave is compelled to be absent from duty by reason of the death or critical illness where death appears imminent of father, mother, brother, sister, wife, husband, or child, such employee shall, upon approval by his department head, be entitled to charge such absence to his accumulated sick leave to a maximum of 5 working days in a calendar year; such maximum for Fire Department personnel on 12 -hour shifts shall be 7'h shifts.' F. Special Leave. The following provisions shall apply only to those employees who are entitled to receive vacation leave with pay: 1. 180 Calendar Days or Less. Upon the written recommendation of the depart- ment head, the City Manager may authorize special leaves of absence with or without pay for a period or periods not to exceed 180 calendar days in a calen- dar year for purposes deemed by the City Manager to be beneficial to the City. 2. In Bxcess of 180 Calendar Days. The City Council may, upon the recommenda- tioa of the City `Manager, grant leaves of absence with or without pay in excess of 180 calendar days for purposes deemed by the City Council to be beneficial to the City. 6. Military Leave. An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and Veterans Code. An employee requesting such military leave shall present a copy of his mili- tary orders to his departmant'head prior to the beginning of the leave. H. Absence Without Leave. Any employee who is absent from duty shall report the reason for such absence to his department head or immediate supervisor prior to the date of expected absence whenever possible and in no case later than 2 hours after the beginning of his normal work shift. Absences not reported in such manner may be considered absence without leave. A deduction of pay shall be made for the dura- tion of any absence without leave in accordance with Section V, D of this resolution. I. Compulsory heaves of Absence or Termination. Termination or a compulsory leave of absence without pay, whichever in the opinion of the department head best serves the City's interests, shall be required of women employees who have completed their sixth month of pregnancy. i SBCTIOM VII. DISCIPIQM ACTIOMS. The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with due consideration to the employee's prior performance record. The provisions of this section shall constitute the City's disciplinary code. In the event of a conflict between these provisions and civil service -law when an employee has regular status 4n the Civil Service System, the civil service law shall prevail. A. Disciplinary Procedure. The following procedure shall be followed when, is the judgment of the department head, 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, in- subordination, or failure to observe departmental or City rules and regulations. -16m I., Reprimand. If the reprimand is in writing the employee shall receive A copy thereof. The department head may forward a copy to the City Manager's Office for retention in the employee's personal history file, and the employee shall be notified of such action. 2. Suspemmsion, finless originally authorised or extended by written approval by the a City Manager on written recommendation by the department head, the maxi- mum period of suspension shall be 20 working days; such maximum period for Fire Department personnel on 12-hour shifts shall be 24 shifts. a. Five Working Days or Less. The department head shall transmit a Per- sonnel Action Farm for the information of the City Manager, briefly describ- ing the offense and the period of suspension. The department head shall give a copy of such Form to the employee, when possible before the Form is transmitted to the City Manager. b: In Excess of Pike Workinst Dava. Prior to the effective date of the suspension when possible, the department head shall submit a Personnel Action Form for approval by the City Manager, briefly describing the offense and the period of suspension. After such approval, a copy of the Form shall be given to the employee. 3. Demotion or Dismissal. The department head 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. B. Appeal Procedure. The appeal procedure described herein shall not apply if the employee is rejected, reprimanded, or suspended during his probation period in the position he occupies at the time of such action. Such procedure also shall not be applicable if the disciplinary action is taken in connection with the employee's service an a temporary appointment or acting appointment basis. This sub - section shall not apply to employees in the Civil Service System. 1. Request for Reasons. Within 5 calendar days after the effective date of the disciplinary action, the employee may, in writing, request of the department head a written statement of the reasons for the action. Within 5 calendar days after such written request, the department head shall forward the statement of reasons to the employee. 2. Employee's Answer. Within 10 calendar days after the employee has received such statement of reasons, he shall be entitled to submit to the City Manager, through his department head, a written answer to such statement and to request the City Manager to consider the case. The City Manager shall then review the matter with the employee and the department head and uphold, modify, or revoke the action taken. 3. Civil Service Board Review. Except for reprimands, after the City Manager has reviewed the case the employee may submit to the Civil Service Board a written statement requesting the Board to review the matter. Pursuant to Section 711 of the City Charter, the Board shall then conduct an investigation, hold a hearing, and submit its findings and recommendations to the City Manager. After considering such findings and recommendations, the City Manager shall uphold, modify, or revoke the action taken and his decision thereon shall be final. IONARY APPOINTMENT FOLLOWING TEgPOBARY APPOINTMENT. Notwithstanding of this resolution, a temporary appointee in a class who, without =17w a break in service, receives a probationary appointment to a position in the same class shall be eligible for consideration for a merit salary advance after 6 months of satis -- ctory service, including his temporary service, as evidenced in writing by the depart - Wnt head and approved by the City Manager, and shall accrue leave benefits from the date his temporary appointment. He shall acquire a salary anniversary date on such advance and shall earn eligibility for subsequent annual salary advances in accordance with .,Section IV, D, 2 herein. The employee's probation period shall commence with the date of his probationary appointment. Satisfactory completion of such probation period shall be on written recom- mendation of the department head and approval by the City Manager. The salary advance provision of this section shall not apply when a temporary appointee in a class receives, without a break in his continuous City service, a proba- tionary appointment to a position in a different class having a higher salary range. The salary anniversary date of such appointee shall be the date of his probationary appointment. SECTION ffi, TRAINING. A. Required Training. An employee who is required by his department head to attend a specified, off -duty training course shall receive reimbursement for the following: overtime compensation; transportation cost where appropriate; cost of books; regis- tration, and related expenses necessary for completion of the course. B. Desirable Training. Desirable training is defined as off -duty instruction that will be mutually and immediately beneficial to the employee and the City. prior to enrolling in the class, an employee desiring partial reimbursement for his expenses shall acquire his department head's approval as to course content and its relation- ship to his City employment. On satisfactory completion of the course, the employee shall submit to his department head a copy of the official transcript and an itemi- zaEion of his expenses. On approval by the City Manager, the employee shall then be reimbursed for the cost of registration and required text books. A copy of the official transcript shall be forwarded to the City Manager's Office for retention in the employee's personal history file. SECTION X. MISCELLANEOMS MigIONS. A. Consideration of BMR12jee Requests. Any employee shall have the right to consideration by the City Manager of any request with respect to a claimed inequity resulting from the strict application of any of the sections contained herein. The employee shall submit to his department head a written statement of the claimed inequity and his request; the department head shall promptly forward the statement, the request, and his written recommendation to the City Manager. B. Continuity of Service Requirements. Continuous service, as required for advance- ment within salary ranges and for other purposes specified in this resolution, is defined as City employment on a probationary, regular, or acting appointment basis . without break or interruption. Authorized leaves of absence without pay of 30 calendar days or less and leaves of absence with pay for any period shall not constitute an interruption of an employee's continuous service and shall not be deducted in computing his total City service. Authorized leaves of absence without pay. in, excess of 30 calendar days shall be den. ducted.in computing an employee!& total City service for advancement in salary range and for other purposes specified in this resolution, but shall not serve to interrupt" his continuous service. C. Avoidance of Inequities. The City Manager may authorize special adjustments F to avoid or eliminate inequities resulting from the strict a pplication of any of the provisions of this resolution. H. Administrative Regulations. The City Manager is authorized to issue written administrative personnel regulations designed to augment or clarify the provisions of this resolution. Prior to issuance, such regulations shall be referred for approval by the City Attorney as to their conformance with the City Charter, this resolution, and the City's civil service law. At least annually such regulations shall be considered for possible incorporation in a revision of this resolution. SECTION RI. REPEAL. Resolution No. 4895 and its amendments are hereby repealed. SECTION RII. EFFECTIVE HATE. The provisions of this resolution shall be effective August 1, 1960. This resolution was adopted by the City Council of the City of Newport Beach at a regular meeting on the 25th day of ,duly, by the following vote, to wit: AYES, COUNCILMEN: :v C�"7° ���,✓1 dllIk NOES, COUNCILMEN • Yl uL ABSENT COUNCILMEN. ATTEST: C ty CL irk /� D /f I ) 'f/fit Lyf f�/ Mayor VIL u ,�N..w .19. -J' f s STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No, 5289 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 25th day of July , 19 60 , by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this 26th Kingsley, Atkinson, Cook, Hart, Lorenz None Stoddard, Somers day of July 19 60 . City C er an Ex icio Clerk of the City Council, City of Newport Beach, State of California.