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CC RES 1991-047 . RESOLUTION NO. ,91747 • -, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES . ESTABLISHING COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.46 of the Rancho Palos Verdes Municipal Code to adopt rules for the administration of the personnel system created in said Municipal Code Chapter; and- • WHEREAS, the objectives of these rules are to •facilitate efficient and economical services to the public_.and "to provide for an equitable system of personnel. management; and • WHEREAS, these .rules- set forth in ,detail those procedures which finsure similar treatment for those who compete for original employment and 'promotion: and define , many of . the o)pligatiOs, rights, privileges and prohibitions, .whic.h. Are placed upon all employees in the competitive service as described in Chapter *2.46 of the Rancho Palos Verdes Municipal Code; and WHEREAS,. at the same time, within the limits of administrative feasibility, considerable latitude shall be given the City Manager and .Officer in the interpretation of these rules; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: pection competitive Sery.icp giuployee Personnel Rules: Approves and establishes the Competitive Service Employee Personnel Rules, attached hereto as Exhibit A. Section ?: Previous Rules, .Propedureskand Policies: Rescinds all rules, procedures and policies not consistent with the Competitive Service Employee Rules, attached hereto as Exhibit A. Section 3: Pprmanent part-rTigte Employee: That although the current employee classified as Permanent Part-Time is not covered by these Rules, she shall continue to receive such benefits as she is receiving on the effective date of this Resolution, but shall not receive additional benefits until such time that said employee is classified as a Full-Time Employee or until a Resolution amending said benefits is adopted. PASSED, APPROVED AND ADOPTED• on Jule: 2, 1991. .\ . .� ordip ATTEST: 0 L.I f` . A. " s�. .► City Clerk , iate of California = County of Los Angeles ss City of Rancho Palos Verdes )• • I, JO PURCELL, City Clerk of. the 'City of Rancho Palos Verdes, hereby certify that the above Resolution No 91-47 was duly and regularly passed arid adopted by the said City Council at a regular meeting thereof held on July 2, 1991 y 411-,,, City • (erk. . City ,, Rancho Palos. Verdes s ,. a • • • y I CITY OF RANCHO PALOS VERDES COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES / , EXHIBIT "A" RESOL. NO. 91-47 RULE I DEFINITION OF TERMS Whenever used in these Personnel Rules, the following terms shall have the meanings set forth below. SECTION 1 - CONT NUOUS EMPLOYMENT/SENIORITY: Total full- time spent in the employ of the City, including all days of attendance at work, and approved leaves of absence whether paid or nonpaid, but shall not include unauthorized absences, time spent between employment with the City, suspensions or layoffs of more than thirty (30) days. SECTION 2 - CITY,: The City of Rancho Palos Verdes. SECTION 3 - CITY MANAGER: The duly appointed City Manager of the City of Rancho Palos Verdes or his/her designee. SECTION 4 - CLASSIFICATION: A position or positions assigned to the same job title. SECTION 5 - EMPLOYEE,: A competitive service employee as defined in Municipal Code section 2.46.040 and compensated through the City payroll who is regularly scheduled to work forty (40) or more hours per week and have successfully completed the probationary period as hereinafter provided in these rules. -1- Employee does not include elected officials, independent contractors, part-time or temporary employees, or volunteers. SECTION 6 - EVALUATION DATE,: The date in which an employee has completed their probationary period, or a date adjusted as required-, for any break in service and annually thereafter. SECTION 7 - EXEMPT EMPLOYEE: An employee whose duties and salary exempt him/her from the overtime pay provisions of the federal Fair Labor Standards Act. SECTION 8 - NONEXEMPT EMPLOYEE: An employee who is subject to the overtime pay and compensatory time off provisions of the federal Fair Labor Standards Act. SECTION 9 - PERSONNEL OFFICER: The City Manager shall serve as the Personnel Officer as outlined in Municipal Code section 2.46.030. SECTION 10 - PROBATIONARY EMPLOYEE: An employee who is employed by the City during his/her initial-hire or promotional probationary period, or extension thereof. (a) An initial-hire probationary employee is an employee who (1) has not previously been employed by the City, or -2- RESOL. NO. 91-47 (2) has previously been employed by the City but who is re-employed after a break in service. (b) A promotional probationary employee is a City employee who has been promoted to a higher job classification requiring different skills. SECTION 11 - PROBATIONARY PERIOD: A period of time as defined in Municipal Code section 2.46.070, which is an integral part of the examination, recruiting, testing and selection process for employment. During the probationary period, an employee is required to demonstrate his/her fitness for the position to which he/she is tentatively appointed including promotional appointments by actual performance of the duties of the position. SECTION 12 - TERMINATION,: The cessation of employment with the City for non-disciplinary reasons such as, but not limited to, layoff, resignation, or failure to successfully complete the initial-hire probationary period. -3- RULE II EXCLUSIONS With the exception of RULE XIII, employees not included in the competitive service as defined in Municipal Code section 2.46.040, as well as independent contractors, part-time and temporary employees and volunteers are excluded from these Personnel Rules. -4- RESOL. NO. 91-47 RULE III CLASSIFICATION PROCEDURES SECTION 1 -- PREPARATION OF CLASSIFICATION PLAN,: The City Manager shall prepare, maintain, and amend the classification plan. The classification plan shall contain job specifications for classifications for positions covered by these personnel rules. SECTION 2 - ALLOCATION OF POSITIONS,: The City Manager shall allocate every position in the City Service to one of the classifications established by the classification plan and shall allocate all positions substantially similar to the same classification. SECTION 3 - CLASS SPECIFICATIONS,: The classification plan shall consist of job specifications which shall set forth a descriptive title, typical duties and responsibilities, and the training, experience, and other qualifications necessary or desirable for the effective performance of each position within a classification. _5_ RULE IV PROBATIONARY PERIOD AND PROCEDURES SECTION 1 - OBJECTIVE OF PROBATIONARY PER]OD,: The probationary p eriod shall be regarded as a part of the selection and evaluation process. The City shall closely observe the probationary employee's work performance during the probationary period. SECTION 2 - DURATION OF PROBATIONARY PERIOD: All initial-hire and promotional appointments shall be tentative and subject to a probationary period of not less than six (6) months actual service. The City Manager may extend a probationary period up to six (6) additional months actual service. Whenever possible, the City Manager shall give the probationary employee written notice of the extension of the probationary period ten (10) days before its expiration. The written notice shall state the reason for the extension. Failure to give the probationary employee notice of the extension prior to the expiration of the initial probationary period shall automatically extend the period. The length of the automatic extension without a written notice shall not exceed a period over thirty (30) days. SECTION 3 - TERMINATION OF INITIAL-HIRE PROBATIONARY EMPLOYEE: During or at the conclusion of the initial-hire probationary period, or any extension thereof, the City Manager, -6- RESOL. NO. 91-47 after consultation with the probationary employee's Department Head, where practical, may terminate an initial-hire probationary employee without cause, and without a hearing or right of appeal. SECTION 4 - PROCEDURES - REGULAR APPOINTMENT FOLLOWING, PROBATIONARY PERIOD,: The City Manager shall be notified in writing two (2) weeks prior to the expiration of any probationary period. After consultation with the probationary employee's Department Head and immediate supervisor, the City Manager shall determine whether: (a) the initial-hire probationary employee shall become a regular employee, (b) the initial-hire probationary employee shall be terminated or discharged, (c) the promotional probationary employee's promotion shall be confirmed, (d) a promotional probationary employee's promotion shall be rejected, or (e) the employee's initial or promotional probationary period shall be extended. SECTION 5 - REJECTION FOLLOWING PROMOTION,: Any probationary employee rejected during or at the conclusion of a probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted unless (a) charges are filed and the employee is dismissed from -7- employment in the manner provided in these Rules, (b) there is no vacancy in such position, or (c) the employee is terminated from employment due to a layoff or other basis. If there is no vacancy, the employee may request to be placed on a re-employment list. -8- RESOL. NO. 91-47 RULE V REGULAR COMPENSATION/PERFORMANCE EVALUATIONS Compensation shall be determined from a salary schedule of grades established by a Resolution of the City Council; each of which includes six (6) steps, or rates of pay; each horizontal step being approximately five (5) percent greater than the previous step, with the exception of the first step from "A" to "AB", which is approximately a two and a half (2.5) percent increase. SECT ON 1 - INITI4L EMPLOYMENT: The rate of compensation for initial employment in any classification shall, generally, be at Step A. The City Manager, at his/her sole discretion, however, may approve compensation at a higher step if he/she finds that the person employed is reasonably entitled, by reason of experience or ability, to a rate in any one of the steps above the minimum or if he/she determines that it is difficult to obtain qualified applicants at the minimum rate. SECTION 2 - MERIT • ADVANCEMENT WITHIN A RANGE: The primary reason for advancement within a range shall be meritorious performance in an employee's assigned duties. (a) Meritorious performance shall be measured by the receipt of a rating of "satisfactory" or above. (b) Merit increases shall be based on meritorious service, and, if granted, shall be effective on the day in which -g- the employee's evaluation date falls, whether or not the performance evaluation is conducted on the evaluation date. An employee's evaluation date shall be the date in which an employee has completed their probationary period and becomes a regular employee, or a date adjusted as required for any break in service and annually thereafte7. (c) An employee may be advanced within his/her range in accordance with the- following schedule: Step "AB" at the completion of six months satisfactory service in Step "A" , as determined by the Department Head. Step "B" at the completion of one year of satisfactory service in Step "AB" , as determined by the Department Head. Step "C" at the completion of one year of satisfactory service in Step "B" , as determined by the Department Head. Step "D" at the completion of one year of satisfactory service in Step "C", as determined by the Department Head. Step "E" at the completion of one year of satisfactory service in Step "D" , as determined by the Department Head. -10- RESOL. NO. 91-47 (d) All proposed advancements shall be recommended by the Department Head and approved by the City Manager before becoming effective. (e) When an employee demonstrates exceptional ability and proficiency, such employee may be advanced to the next higher step within his/her range with the approval of the City Manager, in his/her sole discretion, following recommendation by the Department Head, without regard to the minimum length of service provisions contained in this section. Advancements under this section shall not change the employee's regular evaluation date. SECTION 3 - PROMOTIONAL ADVANCEMENT: When an employee is promoted from employment in one class to employment in a class assigned a higher range, advancement shall be to the lowest step in such higher range which will provide not less than a five percent (5%) increase in salary, provided that the salary does not exceed step "E". SECTION 4 - ACTING PAY,: An employee, who by written assignment by his/her Department Head or the City Manager, performs the duties of a position with a higher salary classification than that in which he/she is regularly employed, shall receive the compensation specified for the position to which he/she is assigned if he/she performs the duties for a period of one (1) calendar month or more. The employee shall be compensated at the step within the higher classification as will accord such employee an -11-- increase of at least five percent (5%) over his/her current rate of compensation. Such compensation shall be retroactive to the first day of the assignment. 1/ SECTION 5 - LONGEVITY PAY PLAN: Subject to the recommendation of the Department Head and approval of the City Manager, a longevity pay plan shall be applied to give recognition to long and faithful service. (a) The longevity pay plan shall be applied under the following schedule: Length of Continuous Employment. Amount of Pay/Month Beginning of 11th year through 15 years $ 75/month Beginning of 16th year through 20 years $125/month Beginning of 21st year through 25 years $175/month (b) The amount of longevity pay shall not be cumulative. For example: Total longevity pay, if granted, after seventeen (17) years of service is $125/month not $200/month. (c) The longevity pay plan herein provided shall not be considered automatic, but is granted by merit and performance. If at any time the employee's service is unsatisfactory, the Department Head may recommend and the City Manager may at his/her sole discretion determine and order that the employee's longevity , pay cease until such time as the Department Head and/or City Manager has determined that the employee has achieved a satisfactory level of service. -12- RESOL. NO. 91-47 RULE VI OVERTIME COMPENSATION SECTION 1 - WORK SCHEDULE: When necessary to perform I/ essential work, employees and probationary employees may be required to work at time other than during regular scheduled hours until such work is accomplished. (a) Overtime shall be defined as any combination of actual hours worked, vacation leave, compensatory time and sick leave which exceed forty (40) hours in any work week. (b) If such work results in overtime, then the overtime requires written approval of the employee's or probationary employee's Department Head or the City Manager. SECTION 2 - OVERTIME COMPENSATION,: Nonexempt employees and probationary employees shall receive overtime compensation or compensatory time off in accordance with the federal Fair Labor Standards Act. Accordingly, a nonexempt employee shall be paid one and one-half (11) times his/her regular hourly rate of pay or receive compensatory time off at one and one-half (11/2) hours for all hours worked in excess of forty (40) in the workweek. SECTION 3 - COMPENSATORY TIME,: Nonexempt employees and probationary employees may elect to be credited with compensatory time off in lieu of paid overtime at the time such overtime is recorded. Such compensatory time shall be at the rate of one and -13- one-half (112) hours for each hour of overtime worked. Compensatory time may not be accumulated to exceed forty (40) hours. (a) The taking of all compensatory time off shall first I/ be approved by employee's or probationary employee's Department Head or the City Manager and shall be granted in accordance with the work force needs of the City. (b) Compensatory time may be used for medical appointments. (c) Compensatory time may be used for maternity leave. -14- RESOL. NO. 91-47 RULE VII LEAVES Time spent by an employee on an approved paid leave shall I/ not be construed as a break in service or employment, and rights accrued at the time the leave is granted shall be retained by the employee. Additionally, a leave of absence, with pay or without pay, granted to any employee shall not create a vacancy in the position. For the duration of any such leave of absence, the duties of the position may be performed by another employee from the classified service on an acting assignment, or a temporary part-time employee, provided that any employee so assigned shall possess the minimum qualifications for such position. SECTION 1 - VACATION LEAVE: (a) Employees are entitled to accrue paid vacation leave under the following schedule: Length of Continuous Employment Vacation Accrual Rates, Beginning of 1st month through 2 years 6.67 hours per month Beginning of 3rd year through 5 years 8 hours per month Beginning of 6th year through 15 years 10 hours per month Beginning of 16th year and more 8 additional hours per year for each year of service up to a maximum of 160 hours (b) After completion of the initial-hire probationary period, the employee will be credited with vacation leave earned -15- during the probationary period. The employee shall be entitled to take such leave upon the completion of their initial-hire probationary period or extension thereof. However, an initial-hire I/ probationary employee may utilize accrued vacation time prior to the completion of their probationary period with the written approval of the City Manager. (c) Vacation leave may be accumulated to a maximum of two year's worth of accrued vacation leave. (d) The scheduling of vacation leaves must be approved by the employee's Department Head. Employees shall submit a written request to schedule vacation leave to the employee's Department Head or the City Manager within a reasonable amount of time prior to the desired date and shall be granted in accordance with the work force needs of the City. (e) Employees will have the option to be paid for vacation leave time that exceeds the maximum accrual allowed by these Rules if a requested vacation leave is denied by their Department Head due to the work force needs of the City. (f) Employees shall not be granted, and accordingly are not entitled to take vacation leave in advance of its accrual. (g) Upon termination or dismissal from employment, employees and probationary employees shall be paid for accrued vacation leave up to a maximum amount of vacation leave allowed for accrual by these Rules. (h) Vacation leave may be used for medical appointments. (i) Vacation leave may be used for maternity leave. -16- RESOL. NO. 91-47 SECTION 2 - SICK LEAVE: (a) Employees and probationary employees earn paid sick leave at the rate of eight (8) hours for each full calendar month of continuous employment with the City including time served in I/ probationary status. (b) Initial-hire probationary employees are eligible to use paid sick leave during their probationary period. (c) Unused sick leave may be accumulated to a maximum of seven hundred and twenty (720) hours. (d) In order tJ receive paid sick leave, an employee or probationary employee must notify his or her supervisor at the earliest possible time, generally before 8:30 a.m. Such notice shall provide the fact and the reason for the leave. Failure to provide reasonable notice will be cause for denial of sick leave with pay for the period of the absence. Written verification of the cause of absence may be required by the City Manager. (e) Employees and probationary employees shall not be granted, and accordingly are not entitled to take paid sick leave in advance of its accrual. (f) Employees and probationary employees who use more than five (5) consecutive sick days shall be required to furnish a physician's certificate stating that the employee is able to safely return to work. (g) Sick leave may be used for medical appointments. (h) Sick leave may be used for maternity leave. -17- (i) Sick leave may be used for an absence to care for an employee's or spouse's children) due to illness. ( j) Upon termination or dismissal from employment, I/ employees and probationary employees shall not be granted, and accordingly are not entitled to be paid for accrued sick leave. SECTION 3 - WELLNESS LEAVE,: Employees and probationary employees are eligibleto earn four (4) hours of paid leave for ten (10) consecutive weeks of perfect attendance without using any sick leave time. (a) Prospectively and retroactively, the ten (10) week period shall be calculated from June 2, 1991. (b) A maximum of eight (8) hours of wellness leave may be accrued. SECTION 4 - BEREAVEMENT LEAVE,: Compensated Bereavement Leave is not considered to be accrued leave which an employee or probationary employee may use at his/her discretion, but is granted by reason of death of a member of the employee's or probationary employee's immediate family, consisting of an employee's or probationary employee's spouse and employee's or probationary employee's or their spouse's child, parent, sibling, stepparent, stepchild and grandparent. An employee or probationary employee may take a maximum of three (3) working days' bereavement leave when a death occurs within an employee's immediate family. In order to receive paid bereavement leave, the employee must notify -18- RESOL. NO. 91-47 his or her supervisor at the earliest possible time, generally before 8:30 a.m. In the event the employee or probationary employee must travel out of state in connection with the bereavement, the employee shall be allowed to use the equivalent of two (2) working days of sick leave in addition to the granted I/ Bereavement Leave. SECTION 5 - JURY DUTY,: (a) Employees and probationary employees called for jury duty shall give the City Manager reasonable advance written notice of the obligation to serve. (b) Employees and probationary employees will be paid their regular wages less jury duty pay (other than mileage or subsistence allowances) or may elect to forfeit jury duty warrant to the City and receive full City wages. (c) Written evidence of jury duty attendance shall be presented to the Personnel Officer. (d) Employees and probationary employees shall continue to report for work on those days when excused from jury duty, and on which the employee can work at least four (4) hours during his/her regular work day. SECTION 6 - LEAVE OF ABSENCE WITHOUT PAY,: The City I/ Manager, after consultation with the employee's or probationary employee's Department Head, may grant an employee or probationary employee leave of absence without pay for a period not to exceed -19- four (4) months in accordance with the work force needs of the city. Additionally, the City Manager may apply such conditions as he or she deems warranted in the best interest of the City. No 1/ such leave shall be granted except upon written request of the employee or probationary employee. Approval shall be in writing and a copy filed with the Personnel Officer. (a) A leave of absence without pay shall not be construed as a break in service or employment, however, paid leave benefits, increases in salary, and other similar benefits shall not accrue to a person granted such leave during the period of absence. (b) Use of a leave of absence for a purpose other than that requested, may be cause for forfeiture of reinstatement rights. Failure on the part of an employee or probationary employee on leave to report to work promptly at its expiration may be cause for discharge. (c) An employee or probationary employee reinstated after a leave of absence without pay shall receive the same step in the salary range that he or she received when the leave of absence began. Time spent on such leave without pay shall not count toward service for increases within the salary range, and the employee's or probationary employee's evaluation date shall be set forward one month for each thirty (30) consecutive calendar days taken. (d) The City will continue to pay the cost of the employee or probationary employee and dependent(s) health and life insurance premiums during a medical leave of absence without pay. (e) The employee or probationary employee is responsible -20- RESOL. NO. 91-47 to pay the entire cost of the health and life insurance premiums during a non-medical leave of absence without pay that exceeds thirty (30) calendar days and must make written arrangements with the finance department to pay for the costs of such coverage. (f) If the leave of absence without pay was for medical I/ reasons, prior to rasuming regular duties, an employee or probationary employee shall be required to furnish a physician's certificate stating that the employee is able to safely return to work. SECTION 7 - MATERNITY LEAVE: (a) An employee or probationary employee who is temporarily disabled and unable to work due to pregnancy, childbirth and related medical conditions may take a leave of absence without pay as provided by applicable California and federal law. (b) It is encouraged that written notification of the need for a maternity leave be given to the Department Head at least three (3) months prior to the expected date of delivery and state the time period desired for the leave. (c) Granted maternity leave periods shall not exceed the time required by State and Federal statutes. (d) Additionally, subsections (a) , (b) , (c) , (d) , (e) and (f) of Section 6 - LEAVE OF ABSENCE WITHOUT PAY of these Rules, shall also apply to MATERNITY LEAVE. _21_ SECTION 8 - MILITARY LEAVE,: Military leave shall be granted in accordance with applicable California and federal law. I/ SECTION 9 - PAID HOLIDAY LEAVE,: (a) Subject to the restrictions described below, employees, probationary employees and employees serving a promotional probationary period will receive the equivalent of eight (8) hours paid leave at their straight-time hourly rate for the following designated City holidays: (1) January 1st; (2) The last Monday in May; (3) July 4; (4) The first Monday in September; (5) The fourth Thursday in November; (6) The fourth Friday in November; (7) December 24; (8) The Period between December 24 and January 1 and one eight (8) hour floating holiday which shall be designated yearly by the City Manager. (b) If July 4th falls upon a Saturday, the Friday before is the observed holiday, and if the dates fall upon a Sunday, the Monday following is the observed holiday. (c) In order to be eligible for holiday pay, an employee or probationary employee must work the last scheduled workday -22- RESOL. NO. 91-47 before and the first scheduled workday after the holiday, unless the employee is taking approved paid leave. (d) If a holiday falls during an employee's or probationary employee's approved vacation period, the employee or probationary employee will be paid for the holiday and will not be I/ charged with a vacation day for the day the holiday is observed. (e) If a holiday falls during an employee's or probationary employee's approved sick leave period, the employee or probationary employee will be paid for the holiday and will not be charged with a sick day for the day the holiday is observed. (f) Employees and probationary employees on non-paid leave of absence for any reason are ineligible for holiday benefits for holidays that are observed, during the period they are on a non-paid leave of absence. (g) Nonexempt employees and probationary employees who work on a designated City holiday shall be paid the equivalent of eight (8) hours at their regular hourly rate of pay and one and one-half (1 1/2) times their regular hourly rate of pay for all hours worked on the holiday or receive credit for eight (8) hours compensatory time off and one and one-half (1 1/2) hours for all hours worked on the holiday. -23- RULE VIII WORKERS' COMPENSATION AND UNEMPLOYMENT INSURANCE SECTION 1 - WORKERS' COMPENSATION AND UNEMPLOYMENT INSURANCE: The City provides Workers' Compensation and Unemployment Insurance to all employees and probationary employees in accordance with California Law. SECTION 2 - ON-THE-JOB INJURIES: All injuries suffered during working hours must be reported, in writing, immediately. Unless there is an emergency, a referral slip must be obtained from the Personnel office before visiting a doctor. Upon returning to work from all on-the-job injuries, employees and probationary employees must have an approval slip signed by the attending doctor. -24- RESOL. NO. 91-47 RULE IX EMPLOYEE EXPENSES, SECTION 1 - MILEAGE EXPENSE: An employee or probationary employee who is required to use his/her private automobile for City assignments shall be reimbursed at the standard mileage rate set by the City Council. (a) All claims for mileage reimbursement shall first be approved in writing by the employee's or probationary employee's Department Head or the City Manager, and shall be filed on forms and in accordance with the procedures established by the City Manager. (b) Employees and probationary employees using their personal car for City business shall supply the Personnel Officer with a Certificate of Insurance stating that their personal automobile is covered by public liability and property damage insurance of not less than the amount required by the City Manager. 1 -25- RULE X TERMINATION PROCEDURES SECTION 1 - RESIGNATION.: (e) In order to resign in good standing, an employee or probationary employee :/Iall inform the City Manager in writing of the effective date of the resignation at least ten (10) working days in advance. This time limit may be waived, in writing, by the City Manager. Failure to give notice as required by this Rule shall be cause for the City to deny future employment. (f) An employee or probationary employee who is absent from work voluntarily or involuntarily for more than eight (8) hours without written authorization and who does not present a written explanation acceptable to the City Manager as to the cause of the employee's absence, shall be considered as having voluntarily resigned from the City Service as of the last day worked. SECTION 2 - LAYOFF: Whenever in the judgment of the City Council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the City Council may abolish any position in the competitive service; and the employee or probationary employee holding such position for employment may be laid off without taking disciplinary action and without the right of appeal. -26- RESOL. NO. 91-47 (a) The order of the layoff of employees and/or probationary employees shall be established by the City Manager on the recommendation of the Department Head involved. Employees and/or probationary employees will be laid off from the affected layoff unit (department or classification) in accordance with performance, seniority, attendance and their ability to perform the remaining work available without further training. When, in the opinion of the City Manager, two or more employees and/or probationary employees have relatively equal performance records, experience, skill, ability and qualifications to do the remaining work without further training, the employee(s) and/or probationary employees with the least seniority will be laid off first. (b) Employees to be laid off shall be given at least ten (10) working days prior notice or equivalent pay if laid off immediately. (c) An employee or promotional probationary employee who is subject to layoff may request a reduction to a lower classification within the same occupational series in the layoff unit provided the employee possesses seniority, an acceptable performance and attendance record, and has x'he ability to perform the remaining work available without further training. The reduction shall be made only in cases where there is a vacant position in the layoff unit. (d) The names of employees and promotional probationary employees laid off or demoted in lieu of lay off shall be placed upon re-employment list for those classes requiring basically the -27- same qualifications, duties and responsibilities of the class from which lay-off or demotion in lieu of lay off was made as established in Rule XIV, Section 3 . SECTION 3 - RETIREMENT: The City shall pay a percentage of an employee's contribution to the Public Employees Retirement System based on the following schedule and shall be credited to each member's account: PERS Contribution Length of Continuous Employment, Paid by City Beginning of 2nd year 2% Beginning of 3rd year 4% Beginning of 4th year and longer 7% _28- RESOL. NO. 91-47 RULE XI GRIEVANCE PROCEDURES SECTION 1 - PURPOSE OF GRIEVANCE PROCEDURE,: (a) The grievance procedure shall be used to resolve employee or probationary employee complaints concerning the express terms and conditions of employment with the City. Except for written reprimands: and oral warnings, the grievance procedure shall not be used for resolving any complaint concerning disciplinary action. (b) Except as otherwise provided in these Rules, the grievance procedure may be utilized to resolve alleged: (1) Improper application of rules, regulations and procedures; (2) Unfair treatment, including coercion, restraint or reprisal; (3) Improper procedures utilized in employee layoff; (4) Discrimination because of race, religion, color, creed, sex or national origin; or because of any other statutorily or constitu- tionally impermissible basis; (5) Alleged sexual harassment or other illegal harassment; (6) Any matter affecting an employee's: a. Working schedule; -29- b. Fringe benefits; c. Holidays; d. Vacation; e. Sick leave; f. Retirement; (7) Any other matter regarding terms and conditions of employment. SECTION 2 - INFORMAL DISCUSSION OF GRIEVANCE: When an employee or probationary employee has a grievance, the employee or probationary employee shall first informally discuss the matter with the employee's or probationary employee's immediate supervisor within five (5), business days from the date of the incident or decision generating the grievance. If after a discussion with the immediate supervisor, the grievance has not been satisfactorily resolved, the employee or probationary employee shall have the right to informally discuss the grievance with the supervisor's immediate superior. The informal discussion with the supervisor's immediate superior shall occur within ten (10) business days from the date of the incident or decision generating the grievance. If after such a discussion, the grievance has not been satisfactorily resolved, the employee or probationary employee shall have the right to file a formal grievance. If an employee's or probationary employee's grievance is with his or her immediate supervisor or the supervisor's immediate -30- RESOL. NO. 91-47 superior, and such employee reasonably believes that such grievance will not be resolved at that level, he or she may proceed to the next step of the grievance procedure. SECTION 3 - FO' GRIEVANCE PROCEDURE: The formal grievance shall be used to resolve an employee's or probationary employee's grievance not satisfactorily resolved by informal discussion. (a) An employee or probationary employee shall have the right to present a formal grievance in writing to the City Manager within fifteen (15) business days from date of the incident or decision generating the grievance. All formal grievances shall state the reasons for the complaint and the employee's suggested solution. (b) A formal grievance shall be timely presented to the City Manager. When the employee or probationary employee presents a formal grievance to the City Manager, the City Manager shall discuss the grievance with the employee or probationary employee. Within fifteen (15) business days after receipt of the formal grievance, the City Manager shall render a written decision. The decision of the City Manager shall resolve the grievance and no further review of the subject matter of the grievance shall be permitted. -31- SECTION 4 - GENERAL PROCEDURES: (a) The employee or probationary employee and the City have the right to representation at any step in the grievance procedure. (b) Any grievance not filed or taken to the next step within the specified time limits shall be deemed settled on the basis of the last decision, and not subject to further reconsideration. By mutual agreement and for good cause, reasonable extensions of time may be given in writing to either party at any step in the grievance procedure. (c) An employee or probationary employee who has filed a grievance shall suffer no discrimination for filing the grievance. -32- RESOL. NO. 91-47 RULE XII DISCIPLINE PROCEDURES, SECTION 1 - AUTHORITY TO DISCIPLINE,: The City Manager, Deputy City Manager and Department Heads are authorized to take disciplinary action regarding employees under their control in accordance with, and within the limits of, these rules. Every supervisor shall assist his/her superiors in achieving sound discipline and acceptance by that employee of the corresponding duties and responsibilities, including those disciplinary in nature. SECTION 2 - CAUSE FOR DISCIPLINE,: Each of the following constitutes cause for discipline of an employee. It is the intent of these rules to include as a cause for discipline any action or non-action by an employee which impedes or disrupts the performance of the City and its organizational component units, is detrimental to employee or public safety, violates properly established rules and procedures or adversely affects the reputation of the City, its officers or employees. Examples of causes for discipline include, but are not limited to: (a) Any violation of any written rule or regulation promulgated by City related to conduct or performance. (b) Fraud in securing appointment. (c) Incompetency. (d) Inefficiency. -33- (e) Inexcusable neglect of duty. (f) Dishonesty or lying to a supervisor or superior. (g) Violation of any law relating to conflicts of interest, whether contractual or financial. (h) Being under the influence of or using alcohol or drugs on duty, exce7t for prescription drugs provided the Department Head is informed of all warnings on the prescription or drug and provided the employee complies with such warning. (i) Addiction to the use of narcotics, alcohol or any contraband substance which impairs employee's performance of his/her duties. ( j) Unexcused absences. (k) Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty or nolo contendere to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section. (1) Defrauding the City by making a false claim for compensation, benefits or reimbursements. (m) Making a false Workers Compensation Claim against the City. (n) Improper political activity which prevents the employee or other employees from the efficient performance of employment with the City, or which has a disruptive effect on the efficiency or integrity of the City service or the department in which such employee is employed. -34- RESOL. NO. 91-47 (o) Failure or refusal to cooperate with supervisory personnel or other employees. (p) Misuse or misappropriation of City property or funds. g (q) Gambling for money or articles of value on City property or during working hours. (r) Tardiness. (s) Abuse of sick leave privileges, including but not limited to reporting sick when not sick, and obtaining sick leave pay falsely or under false pretenses. (t) Excessive absenteeism which impairs the City's ability to provide services or function effectively or efficiently. (u) Refusal to take and subscribe any oath or affirmation which is required by law or these rules in connection with his/her employment. (v) Refusing to report on official call in an emergency. (w) Violation of departmental rules and regulations. (x) Intentionally misrepresenting information or facts in any statement, declaration or affidavit duly required of an employee. (y) Failure or refusal to carry out an order or directive of a superior. (z) Asking, receiving or agreeing to receive any bribe, gratuity or reward of any kind upon any understanding that any employee's action shall be influenced thereby, or shall be given -35- in any particular manner, or upon any particular question or matter upon which any employee may be required to act in the employee's capacity; or attempting by menace, deceit, suppression of truth, or any corrupt means to influence any employee to commit any act, conduct or omission which is clearly inconsistent, incompatible, in conflict with, or inimical to the best interests of the City. (aa) Failure to observe or comply with safe working standards, to endanger, to injure, or to damage public property or the private property of an employee or member of the public through negligent, improper or careless conduct or use of equipment; or to permit such actions on the part of any employee under his/her supervision or control. (bb) Conduct disrespectful to the public, elected and appointed City officials, supervisors, superiors, Department Heads or members of City boards or commissions. In the event that the City imposes disciplinary action for cause, including but not limited to any of the above acts and omissions, the employee shall have the right to contest or seek review of the disciplinary action or the basis thereof, in accordance with procedures set forth in Sections SECTION 3 - TYPES OF DISCIPLINARY ACTION: Disciplinary actions include reprimands, suspensions, demotions, reductions in pay and dismissal, as defined below: -36- RESOL. NO. 91-47 (a) Verbal Reprimand., An oral warning that may be given to the employee in the event that a deficiency in performance or conduct is not of suff ient magnitude to warrant a more formal disciplinary action. A confidential written record may be made of such conferences and placed in the employee's personnel file with a copy provided to the employee. Verbal reprimands are not subject to appeal. However, the employee has the right to place in his/her personnel file a response or rebuttal to any confidential written record of verbal reprimand, provided that such response or rebuttal is submitted for inclusion in the file within thirty (30) calendar days of the employee's receipt of the confidential written record. (b) Written Reprimand., A written statement relating to an action or omission which meets any of the grounds for disciplinary action listed in these rules, indicating that there is cause for dissatisfaction with the employee's services and that further disciplinary measures may be taken if the cause is not corrected. The written statement shall be placed in the employee's file, with a copy provided to the employee. Written reprimands are not subject to appeal. However, the employee has the right to place in his/her personnel file a written response or rebuttal to any confidential written statement, provided that such response or rebuttal is submitted for inclusion in the file within thirty (30) calendar days of the employee's receipt of the confidential written statement. -37- (c) Suspension. The temporary separation of the employee from City service without pay for disciplinary purposes for a period not to exceed thirty ( 30) calendar days per occurrence. (d) Demotion. A change in employment status from one position to another having a lower rate of pay and/or a change in duties which are allocated to a class having a lower maximum rate of pay. The demotion may be temporary or permanent. (e) Dismissal., The discharge of the employee from City service for disciplinary purposes. (f) Reduction in Pay. A change in the salary step of an employee to a lower step within the same salary grade. SECTION 4 - DISCIPLINARY PROCEDURES,: (a) When an employee is to be suspended, demoted, reduced in p ay or dismissed, a preliminary written notification shall be provided to the employee. The written notice shall include: (1) The charges against the employee and reasons for the proposed disciplinary action to be taken; (2) The proposed disciplinary action to be taken; (3) A statement advising the employee that, before any proposed disciplinary action takes effect, the employee or his/her representative has the right to respond orally or in writing within five (5) working days from the employee's receipt of the written notice. -38- RESOL. NO. 91-47 (b) Within ten (10) working days after the employee has had the opportunity to respond, the employee shall be notified in writing of any disciplinary action to be taken and the effective date of such disciplinary action. SECTION 5 - APPEAL OF DISCIPLINARY ACTIONS: An employee who has been suspended, demoted, or dismissed for disciplinary reasons, may appeal the disciplinary action. In order to appeal the disciplinary action, the employee must file a written notice of appeal with the City Manager for a hearing within ten (10) working days after having been furnished with a copy of the notice of disciplinary action. SECTION 6 - TIME OF HEARING,: The hearing on the employee's appeal shall be conducted within ninety (90) calendar days after the employee's filing of the written notice of appeal with the City Manager. This time limit may be extended by the City Manager for good cause and by agreement of the employee and the City Manager. SECTION 7 - HEARING PROCEDURE: The following procedures shall govern hearings on appeals of disciplinary action: (a) The City Manager shall conduct the hearing. If the City Manager files the written statement to discipline an employee that works directly for the City Manager, then the Deputy City Manager shall conduct the hearing. -39- (b) Hearings shall be conducted in the manner most conductive to determination of the truth, and the City Manager shall not be bound by technical rules of evidence. Decisions made shall not be invalidated by an informality in the proceedings. (c) The City Manager shall make arrangements to have the hearing transcribed or recorded to preserve the proceedings and testimony. The employee may obtain a copy of the transcript or recording upon request. (d) The City Manager shall determine the relevancy, weight and credibility of all testimony and evidence. (e) The City Manager shall base his/her findings and decision on the preponderance of the evidence presented. (f) The Department Head shall have the burden of proof. Each side will be permitted an opening statement and closing argument. The Department Head shall first present its witnesses and evidence to support the charges and disciplinary action. The employee shall then present his/her witnesses and evidence in defense. The Department Head may thereafter present witnesses and evidence in rebuttal. (g) Each side will be allowed to examine and cross- examine witnesses. All witnesses shall testify under oath as administered by the City Clerk. The City Manager may question any witness. (h) Both the Department Head and the employee may be represented by a designee or by legal counsel. The City Manager -40- RESOL. NO. 91-47 may obtain the legal advice of the City Attorney in performing the function of hearing officer. (i) The City Manager shall, if requested by either side, subpoena witnesses and/or require the production of documents or other material evidence. ( j) The City Manager may, during a hearing, grant a continuance for any reason believed to be important to the reaching of a fair and proper decision. (k) Within thirty (30) calendar days after the conclusion of the hearing, the City Manager shall prepare and serve on both sides a written decision setting forth the charges found to be sustained, and the reasons therefore, and the propriety of the disciplinary action imposed. The City Manager may sustain, reject or modify the disciplinary action imposed. If the City Manager sustains the employee, all or part of any loss of the employee's full compensation may be ordered restored. SECTION 8 - FINALITY OF CITY MANAGER'S DECISION,: The decision of the City Manager shall be final and conclusive. SECTION 9 - JUDICIAL REVIEW,: Any legal action to challenge any decision of the City Manager must be filed in a court of competent jurisdiction within ninety (90) days following the date of receipt of the decision challenged. -41- RULE XIII NON-DISCRIMINATION POLICY The definition of employee for this rule, only, shall IIIinclude all City agents and employees, including probationary, part-time, managers, supervisors and co-employees. .1 SECTION 1 - EQUAL EMPLOYMENT OPPORTUNITY STATEMENT: The City is committed to -a policy of equal employment opportunity. Consistent with this commitment and California and federal law, the City does not discriminate against employees or applicants because of race, color, religion, sex, pregnancy, national origin, ancestry, age, marital status, physical handicap, alienage, citizenship status or medical condition. Equal employment opportunity will be extended to all persons in all aspects of the employer-employee relationship, including hiring, training, promotion, transfer, discipline, layoff, recall discharge and termination. SECTION 2 - POLICY AGAINST HARASSMENT: (a) It is the City's policy that harassment, including sexual harassment, in the workplace is unacceptable and will not be tolerated. (b) Sexual harassment is defined generally as verbal or physical conduct consisting of unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature whenever: (1) submission to the conduct is either an explicit or implicit -42- RESOL. NO. 91-47 term or condition of employment; (2) an employee's reaction (submission or rejection) to the conduct is used as a basis for employment decisions affecting that employee or; or (3) the conduct has the purpose or effect of unreasonably interfering with the employee's work performance or creating an intimidating or offensive working environment. (c) No employee should be subjected to unsolicited and unwelcome sexual overtures. Nor should any employee be led to believe that an employment opportunity or benefit will in any way depend upon "cooperation" of a sexual nature. (d) Sexual harassment is not limited to express demands for sexual favors. It also may include such actions as: (1) sex- oriented verbal "kidding, " "teasing" or jokes; (2) repeated offen- sive and unwelcome sexual flirtations, advances, or propositions; (3) continued or repeated verbal abuse of a sexual nature; (4) graphic or degrading comments about an individual or his or her appearance; (5) the display of sexually suggestive objects, pictures, cartoons, or drawings; (6) subtle pressure for sexual activity; and (7) unwelcome physical contact such as patting, touching, pinching or brushing against another's body. (e) Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior which is not welcome, which is personally intimidating, hostile, or offensive, which debilitates morale, and which therefore interferes with work effectiveness. -43- (f) The prohibitions of this policy are not limited to sexual harassment. Harassment based on race, religion, national origin or any other prohibited basis set forth in applicable federal and California law is not acceptable and will not be tolerated. Examples of such harassment include, but are not limited to: (1) verbal harassment, e.g. , racial, religious or national origin epithets, derogatory comments or slurs; (2) physical harassment, e.g. , assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on a basis enumerated in applicable federal or California nondiscrimination laws; or (3) visual forms of harassment, e.g. , derogatory posters, cartoons, or drawings based on race, religion or national origin. (g) Any City employee who feels that he or she has been the victim of harassment has the right and the responsibility to promptly notify his or her supervisor, department head or the City Manager of the incident or incidents of harassment and provide the names of the individuals involved. If the person to whom the harassment is to be reported is himself/herself thought to be engaged in harassment, the employee may contact the City Manager directly. If the City Manager is thought to be engaged in harassment, then the Mayor of the City Council may be contacted. All allegations of harassment will be promptly and thoroughly investigated. If the allegations are found to have merit, appropriate corrective action will be implemented. If the allegations are found to lack or be of insufficient merit, all -44- RESOL. NO. 91-47 involved parties will be so notified. Employees will not be retaliated against for reporting harassment. (h) Any City employee who witnesses harassment directed at or perpetrated by a City employee has a duty to report it. through the avenues identified in the preceding paragraph. (i) Employees who violate this policy are subject to discipline, up to and including termination. (j) In addition to the provisions of this policy, California and federal laws bar employment related harassment, and provide employees with statutory rights and remedies. • -45- RULE XIV MISCELLANEOUS PROCEDURES, SECTION 1 - TRANSFERS: Transfers are permitted, subject to the written consent of the department heads involved and the City Manager. Such changes are authorized only from one (1) position to another in the same class or to a position in another class having the same maximum salary limit and involving the performance of similar duties and requiring substantially the same qualifications. SECTION 2 - RECLASSIFICATIQN,: The duties of positions which have changed materially may be allocated to a more appro- priate class. An incumbent meeting the new qualifications of the reclassified position shall move with the position. SECTION 3 - RE-EMPLOYMENT LIST: Names of persons laid off or demoted in lieu of layoff in accordance with these rules may be carried on a re-employment list(s) , prepared and maintained by the Personnel Officer, for a period of six (6) months, unless extended by the City Manager at his/her sole discretion. (a) Persons who refuse re-employment shall be removed from the list. (b) Persons who are appointed to permanent positions of the same level, whether in the City or another agency, as that which was demoted or laid off shall be removed from the list. -46- RESOL. NO. 91-47 (c) Persons who fail to respond to a notice of re- employment mailed to the last known address within ten (10) working days from the date in which the notice was mailed shall be removed from the list. SECTION 4 - REINSTATEMENT,: With the written approval of the City Manager, a former employee may be reinstated (1) to his or her former position, if vacant; or (2) to a vacant position in the same or comparable class; provided that the employee left the City's employ less than one (1) year prior to seeking reinstatement. The City Manager may require that a reinstated employee serve an initial-hire probationary period. SECTION 5 - WRITTEN NOTICE: Any written notice required to be given by the provisions of this resolution, unless herein otherwise specifically provided, may be given either by personal service or by mail. In the case of service by mail, the notice must be deposited in the United States mail, in a sealed envelope, with postage prepaid; addressed to the person on whom it is to be served; at the address in any notice given by him or at his last known address, and, if there be no last known address, then addressed to him at the City. Service by mail shall be deemed complete at the time of the deposit in the mail. SECTION 6 - OUTSIDE EMPLOYMENT: Employees and probationary employees shall be allowed to engage in employment other than their job with the City, with the understanding that -47- City employment is the highest priority and such employment does not interfere with the performance of assigned duties and does not constitute a conflict of interest. The employee or probationary employee must notify the City Manager in writing regarding their outside employment. -48- RESOL. NO. 91-47