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HomeMy WebLinkAboutItem 6.2 Establishing Personnel System At CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 12 , 1984 SUBJECT Public Hearing : Ordinance Establishing Personnel System EXHIBITS ATTACHED Ordinance Establishing a Personnel System; Resolution Establishing Personnel System Rules RECOMMENDAT10N Open Public Hearing and Receive Input Introduce Ordinance FINANCIAL STATEMENT: Costs related to leave and holidays are consistent with current practices and 1983-84 budget DESCRIPTION The establishment of a personnel ordinance and related resolutions is a corimmon practice among municipal agencies . -hese documents establish the way in which personnel matters will be :candled by the organization . The content of these documents reflects the philosophy of the entity . The personnel ordinance is the basic plan which establishes the structure under which personnel matters will be handled . As a supplement to the basic foundation provided by the ordinance , more specific rules are included in the resolution entitled "Personnel System Rules" . This document details the methods to be used in personnel actions affecting specified City employees . As noted in the ordinance , certain positions are excluded from the competitive service . The personnel rules describe the methods to be used for selection, filling vacancies, taking disciplinary action , conducting performance evaluations , providing for benefits , providing merit increases , establishing holidays , the use of leave and its accrual , and separation from City service. The personnel rules and regulations also refer to a salary and benefits plan and classification plan . These plans will be presented to the City Council at a later date . The introduction of the "Personnel Ordinance" and the adoption of the resolutions related to "Personnel Rules" and " Establishing A Classification Plan" will formalize the City ' s personnel system. ---------------------------------------------------------------------------- COPIES T0: ITEM N0. �• ORDINANCE NO. - 84 AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING A PERSONNEL SYSTEM The City Council of the City of Dublin does ordain as follows : Section 1 . Adoption of personnel system: In order to establish an equitable and uniform system for dealing with personnel matters , and to comply with applicable laws relating to the administration of the personnel process , the following personnel system is hereby adopted . Section 2 . Definitions : The terms used to administer the personnel system shall be defined in the personnel rules . Section 3 . Administration : The City Manager shall administer the city personnel system and may delegate any of the powers and duties to a staff member or may delegate the appointing authority granted by the City Council to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 11 of this ordinance . The City Manager shall : ( a ) Act as the appointing authority for the City. In the case of City officers including the City Clerk , City Treasurer and department heads, but excluding the City Attorney, appointment shall be approved by the City Council . ( b ) Administer all the provisions of this ordinance and of the personnel rules not specifically reserved to the City Council . ( c ) Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules . ( d ) Prepare or cause to be prepared a Position classification plan , including class specifications , and revisions of the plan . ( e ) Have the authority to discipline employees in accordance with this ordinance and the personnel rules of the City. ( f ) Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor ; the conducting and grading of tests ; the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service ; and performing any other duty that may be required to administer the personnel system. Section 4 . Competitive Service : The provisions of this ordinance shall apply to all offices , positions and employments in the service of the City, except : ( a ) Elective officers ( b ) All individuals appointed by the City Council and who serve at the - pleasure of the City Council . ( c ) Persons engaged under contract to supply expert , professional, technical or any other services . ( d ) Volunteer personnel . ( e ) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property. ( f ) Employees not included in the competitive service under this section shall serve at the pleasure of their appointing authority. Section 5 . Adoption and amendment of Rules : Personnel rules shall be adopted by resolution of the City Council . The rules may establish regu- lations governing the personnel system, including . Page 1 1 ORDINANCE ESTABLISHING A PERSONNEL SYSTEM Page 2 ( a ) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service , including employment standards and qualifications for each class . ( b) Appropriate announcement of the selection process and acceptance of applications for employment . ( c ) Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment . ( d ) Certification and appointment of persons from employment lists , and the making of provisional appointments . ( e ) Establishment of probationary testing periods . ( f ) Evaluation of employees during the probationary testing period and . thereafter . ( g ) Transfer , promotion , demotion, reinstatement , disciplinary action and layoff of employees in the competitive service . ( h ) Separation of employees from the City service . ( i ) The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements . ( j ) The establishment of any necessary appeal procedures . Section 6 . _Appointments : Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules . Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination . Examinations may be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests , written tests , personal interview, performance tests, physical agility tests , evaluation of daily work performance , work samples or any combinations of these or other tests . Physical , medical and psychological tests may be given as a part of any examination . In any examination the City Manager or his/her designee may include, in addition to competitive tests , a qualifying test or tests, and set minimum standards therefor . The appointing authority of employees in the competitive service is the City Manager unless otherwise noted herein . The City Manager may delegate the appointing authority to any other officer or employee of the City. Section 7 . Demotion , Dismissal , Reduction in Pay, Suspension, Reprimand : The City Manager shall have the authority to demote, dismiss, reprimand, reduce in pay, or suspend, any regular employee for cause in accordance with. procedures included in the personnel rules . With the exception of dismissal of those positions noted in Section 3 ( a ) of this ordinance, which require City Council approval . Section 8 . Right of Appeal : Any employee in the competitive service shall have the right to appeal a demotion , reduction in pay, suspension, or dismissal for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this ordinance or the rules adopted thereunder . All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this ordinance . Page 2 ORDINANCE ESTABLISHING A PERSONNEL SYSTEM Page 3 Section 9 . Lay-Off and Re-Employment : Lay-off and re-employment actions shall follow the process outlined in the personnel rules . Section 10 . Political Activity : The political activities of City employees shall conform to pertinent provisions of state law and any local provision adopted pursuant to state law. Section 11 . Contracts for Special Service : The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this ordinance : ( a ) The preparation of personnel rules and subsequent revisions and amendments thereof . ( b ) The preparation of a position classification plan, and subsequent revisions and amendments thereof . ( c ) The preparation, conduct and grading of competitive tests . ( d ) The conduct of employee training programs . ( e ) Special and technical services of advisory or informational character on matters relating to personnel administration . Section 12 . SEVERABILITY If any part of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the Ordinance and the application of such provision or circumstanes shall not be affected thereby . Section 13 . Posting of Ordinance : The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three ( 3 ) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California . PASSED AND ADOPTED by the City Council of the City of Dublin on this th day of 1984 , by the following votes : AYES . NOES : ABSENT: Mayor ATTEST : City Clerk Page 3 RESOLUTION NO. - 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------- ESTABLISHING PERSONNEL SYSTEM RULES 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 in the municipal government; and WHEREAS, these rules set forth in detail those procedures which insure similar treatment for those who compete for original employment and promotion, and define many of the obligations, rights, privileges and prohibitions which are placed upon all employees in the competitive service of the City; and WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given the City Manager in the interpretation of these rules . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the following rules : RULE I . - DEFINITION OF TERMS All words and terms used in this section and in any ordinance or resolution dealing with personnel policies or procedures shall be defined as they are normally and generally defined in the field of personnel administration . For the. purpose of convenience, however , the following words and terms most commonly used are here-inafter defined: "Appointing Power" means the appointive powers to fill positions in the competitive service as follows: For employees of a department - the City Manager , following recommendation by the respective Department Head. For Department Heads - the appointive power shall be the City Manager with the approval of the City Council . "Classification Plan" means the designation by resolution of the City Council of a title for each class together with the specifications for each class as prepared and maintained by the City Manager . "Class Specifications" means a written description of a class, setting forth the essential characteristics, knowledge, skills, abilities, and the requirements of positions in the class . "Competitive Service" means all positions in the City service except those specifically excluded by the Personnel Ordinance. "Days" - shall mean calander days unless otherwise stated. "Demotion" means the voluntary or involuntary reduction of an employee from a position in one class to a position in another class having a lower maximum salary rate . "Disciplinary Action", The dismissal , reduction in pay, demotion, or suspension of an employee for punitive reasons . "Dismissal" The removal of an employee from employment with the City. "Eligibility List" means a list of names of persons who have taken an examination for a position in the competitive service and passed and are ranked on the list in order of the score received. "Full-time Position" means a position in the competitive service of th city which requires at least 40 hours of work per week . Page 1 " Immediate Family" Spouse , children, parents, brothers, sisters , grandparents, grandchildren of the employee; and the corresponding relationships by affinity'. "Part-time Position" A position having a .work week of fewer hours than the work week established for full-time positions . A part-time position may be either temporary or regular . "Promotion" The advancement of an employee from a position in one class to a position in another class having a higher maxi-mum salary rate. "Regular employee" An employee who has completed the examination process and has been retained as hereafter provided in these rules . "Reinstatement". The restoration without examination of a former regular employee to a classification in which the employee formerly served with the City. "Suspension" The temporary separation of an employee from the competitive service with or without pay for disciplinary purposes . "Temporary Employee" An employee who is appointed to a non-regular position for a limited period of time. "Termination" The separation of an employee. from the city service because of retirement, resignation, death, or dismissal . RULE II . - GENERAL PROVISIONS SEC. 1 . Fair Employment Practices : Any technique or procedure used in the recruitment and selection of employees shall be designed to measure only job related qualifications of applicants . No recruitment or selection technique shall be used which, in the opinion of the City Manager , is not justifiably linked to successful job performance . In accordance with Federal and State laws , the City does not discriminate on the basis of handicapped status, race , creed, religion, or national origin . SEC. 2 . Administration. The City. Manager is hereby given the authority and responsibility to administer the provisions of these rules . The City Manager may delegate his/her authority when deemed appropriate . These rules shall be interpreted by the City Manager . RULE III . - CLASSIFICATION PLAN SEC. 1 . Adoption, Amendment and Revision of Plan: The classification plan shall be approved by the City Council and may be amended from time to time . A new position shall not be created and filled until the classification plan has been amended to provide therefor . Upon adoption by the Council, by resolution, the provisions of the classification plan shall be observed in the handling of all personnel actions and activities . RULE IV. - APPLICATIONS AND APPLICANTS SEC. 1 . Announcement : All examinations for classes in the competitive service shall be publicized by such methods approved by the City Manager or his/her designee. The announcements shall specify the title and pay of the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the performance of the work of the class ; the manner of making application; and other pertinent information. SEC. 2 . Application Forms : Applications shall be .made as prescribed on the examination announcement . Application forms shall require information covering training, experience, and other pertinent information, and may include certificates from an examining physician, references and fingerprints . All applications must be signed by the person applying. SEC. 3 . Disqualification The City Manager, or designee, may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position or is not properly completed. Applications may be rejected if the application indicates facts Page 2 that show that the applicant is physically or psychologically unable. to perform the job applied for , and no reasonable accommodation can be made for such disability; is addicted to the habitual excessive use of drugs or intoxicating liquor ; has made any false statement of any material fact, or , practiced any deception or fraud in an application . Whenever an application is rejected, notice of such rejection shall be mailed to the applicant . RULE V. - EXAMINATIONS SEC . 1 . Examination Process . The selection techniques used i-n the examination process shall be impartial and relate to those subjects which, in the opinion of the City Manager , fairly measure the relative capacities of the persons examined to execute the duties and responsibilties of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as , but not necessarily limited to, achievement and aptitude tests, other written tests , personal interview, performance tests, physical agility tests , evaluation of daily work performance, work sample, medical tests, psychological tests, successful completion of prescribed training, or any combination of these or other tests . The training period shall be considered as a portion of the examination process . Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirement . SEC. 2 . Qualifying Grade and Rating Examinations : In all examinations the minimum grade or standing for which eligibility may be earned shall be based upon all .factors in the examination, including educational requirements, experience, and other qualifying elements as shown in the application of the candidate or other verified information. Failure in one part of the examination may be grounds for declaring the applicant as failing in the entire examination, or as disqualified for subsequent parts ,of an examination. SEC. 3 . Conduct of Examination: The City Council may contract with any competent agency or individual for the preparing and/or - administering of examinations . In the absence of such a contract, the City Manager shall see that such duties are performed . The City Manager shall arrange for the use of buildings and equipment for the conduct of examinations. SEC. 4 . Notification of Examination Results and Review of Paper : Each candidate in an examination shall be given notice of the results thereof, and if successful, - of the final earned score and/or rank 'on the employment list . All Candidates shall have the right to inspect their own �test­answer sheet within five working days after the notifications of examination 'results.* Any error in computation, if called to the attention of - the =City Manager within this period, shall be corrected. Such corrections shall not, however , require "invalidation of appointments previously made.- RULE VI . . - EMPLOYMENT LISTS SEC. 1 . Employment Lists : As .soon as possible after.-,the completion of an - examination, the City Manager or designee shall prepare and maintain an employment list consisting of the names of candidates. who qu.alified in the examination. SEC. 2 . Duration of Lists : Employment lists shall remain in effect until exhausted or abolished by the City Manager . SEC. 3 . Removal of Names From List . The name of any person appearing on an employment list shall be removed by the City Manager if the eligible requests in writing that the name be removed, or if the eligible fails to respond to a notice of certification mailed to the last designated address.. The person affected shall be notified of the removal of the name by a notice mailed to the last known address . Page 3 RULE VII . - METHOD OF FILLING VACANCIES SEC . 1 . Types. of Appointment : All vacancies shall be filled by transfer , promotion, demotion, reinstatement , existing eligible lists certified by the City Manager , or , through competitive examination. SEC. 2 . Placement From a Certified Employment List : If the City Manager or his/her designee determines that the position cannot be filled through transfer , promotion, demotion, or reinstatement , consideration shall be given to any existing employment lists including those which are promotional lists . The Department Head shall consider the candidates and recommend one from the appropriate list unless he/she rejects in writing all candidates on the list . SEC. 3 . Selection of Method : The City Manager shall have the right to decide whether to fill the vacancy by reinstatement, transfer, promotion, demotion, appointment from a promotional employment list, or appointment from an open employment list . At any time the appointing authority may request the establishment of a new employment list . SEC. 4 . Appointment: After interview and investigation, the appointing authority shall be authorized to make appointments from among those certified. The person accepting appointment shall report to the Department . Head or designated representative, for processing on or before the date of appointment . If the applicant accepts the appointment and reports for duty within such period of time as the appointing authority shall prescribe, the applicant shall be deemed to be appointed; otherwise, the applicant shall be deemed to have declined appointment . The appointment of all . Department Heads shall be subject to approval of the City Council . SEC. 5 . Prohibition Against Hiring, Relatives:: No employee, prospective employee, or applicant shall be improperly denied employment or benefits of employment on the basis of marital status or relationship to another employee or official of the City. For the purpose of administration, a relative shall be defined as' a member of the immediate family: Not withstanding the above provisions, the City retains the right : ( a ) To . refuse to place one party to a relationship under the direct or indirect supervision of the other party to a relationship. ( b) To refuse to place both parties to a relationship_ in the same department, division; or facility where .such-._has-'the potential for creating adverse .impact. on supervision, safety;,-security, -morale, or involves potential: conflicts of interest. - `•- ( c) . To disqualify one party Y"to a -relationship -for -a vpo.sition. privy wto ,.- :;• ° ersonnel matters who a ythe confidential : _ City' s employment.when the relationship may;compromise;confi'dential i information RULE VIII `_ .REINSTATEMENT; .PROMOTION,;DEMOTION AND„ SUSPENSION - _ - - Sec: 1 . Reinstatement ;With the approval of the -.-appointing-power; a regular employee who has resigned with a good record may be reinstated within two years of the effective date of resignation, to a vacant _"position in the . same or a comparable -class . . SEC. 2 . Promotioni Insofar as consistent with the best interests of the service all - vacancies in the competitive service may be filled by promotion from within the competitive service, after a promotional. examination has been given and a promotional list established. : If, in the opinion of the City Manager , it is in the best interests of the municipal service, a vacany in the position may be filled by an open- competitive examination instead of promotional examination.' - Arrangements shall then be made for an open-competitive examination and or the preparation and certification, of an open competitive employment list . SEC. 3 . Demotion: The appointing power may demote an employee whose ability to perform the required duties falls below standard, or for disciplinary purposes .. :Upon request of the employee, and with the consent Page .4 of the appointing power , demotion may be made to a vacant position. '.:o employee shall be demoted to a position to which that employee does not possess the minimum qualifications . Disciplinary demotion action shall be in accordance with Rule IX hereof . SEC. 4 . Suspension : The City Manager may suspend an employee from a position at any time for a disciplinary purpose. Suspension without pay shall not exceed thirty calendar days , nor .shall any employee be penalized by suspension for more than thirty calendar. days in any fiscal year . Intended suspension action shall be reported immediately to the City Manager , and shall be taken in accordance with Rule IX hereof. RULE IX . - DISCIP'LINARY ACTION SEC. 1 . Policy: Prior to the suspension, demotion, reduction in pay, or discharge of a regular employee for disciplinary purposes, the procedure set forth in this rule shall be complied with . SEC. 2 . Written Notice : Written notice of the proposed disciplinary action shall be given to the employee . Such notice shall include a statement of the reason( s ) for the proposed action and the charge( s) being considered. SEC. 3 . Employee Review: The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based. SEC. 4 . Employee Response : Within five ( 5 ) working days after the employee has been notified, the employee shall have the right to respond, orally or in writing, at the employee ' s option, to the Department Head concering the proposed action. SEC. 5 . Relief of Duty. Not withstanding the provisions of this Rule, upon the recommendation from a Department Head, the City Manager may approve the temporary assignment of an employee to a status of leave with pay pending the conduct of completion of such investigations or opportunity to respond as may be required to determine if disciplinary action is to be taken. SEC. 6 . Appeal: Regular employees may appeal disciplinary actions to an administrative hearing before the City Manager , by 'filing - a_written request with the City Manager within five ( 5 ) days of the imposition of the action. The action taken by the City Manager shall be considered final, with the exception of cases involving the dismissal of- a Department ,Head. This action must be approved by .the City Council • : - - SEC. 7 . — Causes for - Action; Appropriate disciplinary-.action -maybe .taken for any of the following -causes ; .. - r T`k a Incompetency, ineffi.ci.ency, or negligence in the performance of duty :i. - a r .- - ..._' .. .• �_..<. ,.. ; n.^' ._--c o ,.ir ,.' r.;C'. ii ._,._a � r-y.'to. b .Chronic -physical or mental incapacity to perform the ='work ofrthe. position • .'. S .._..emu .:_ ..��_ _ xi " 7+--tl .i I c Insubordination; constituting a breach of .•discipline• _ . d• Unauthorized absence or abuse of leave privileges.;"'. Including - -' exessive tardiness .' e . Acceptance of money, goods, services;- or favors from anyone for the performance of ' any act which ' is required or expected during the performance or regular duties , f . Falsification of an employment application or of any City records . g . Use of employee ' s official position, or of the City's time, facilities, equipment, or supplies for private gain or advantage. Page 5 h . Disclosure of confidential information acquired by or available to the employee in the course of employment , or the use of such information for personal gain . - i . Gambling or conducting games of chance . j . Reporting to work under the influence of drugs or intoxicants, possessing or using drugs or intoxicants on City Premises . k : The act of engaging in sexual harassment in the workplace . 1 . Willful violation of the provisions of any local, county, state, or federal law, or of these rules . In a list of this type, -it is impossible to foresee all of the various conditi.ons, situations, and actions which could -be subject to disciplinary action. Therefore, this list is not to be construed as preventing the City from disciplining an employee for doing or failing to do something which reasonably calls for discipline or discharge, although not specifically listed herein. RULE X . - EMPLOYEE ACTIVITIES SEC. 1 . General Considerations ; During the employee ' s work day, he/she is expected to devote his/her full time. in the performance of his/her assigned duties as a city employee. An employee in the competitive service shall not engage in any employment, activity or enterprise which is inconsistent , incompatible or in conflict with his/her duties , functions or responsibil- ities as a city employee, nor shall he/she engage in any outside activity which will directly or indirectly contribute to the lessening of his/her effectiveness as a city employee . SEC. 2 . Determination of Inconsistent Activities ; In making a determination as to the consistency or inconsistency of outside activites, the appointing authority shall consider , among other pertinent factors, whether the actvity: a . involves receipt .or acceptance by the employee . of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of his/her city employment or as a part of his/her duties as a city -employee; _ b. involves the performance of an act or work which may--later be :. :;-:directly :or,.-indirectly .subject . to .the , control,-��inspection -. " Y ,•-�-review, i audit'. or enforcement by such employee 'or:his/hers-:department; or - - -' _ . .. _.. c. involves conditions or factors which iaould,'probablyi--.directly or indirectly lessen theefficiency of�the-employee n -his/her regular city .conditions in which there is a�substantial, danger _ .':employment.-,--=:-'-or. -"or :injury or-illness" to the employee; ror , d. " involves * the _use for private gain or advantage _of City, time,' }- - facilities, equipment and supplies, prestige,, i.nfluence;�-- or .f. information of :one 's City office or employment; '.-,or. . e . involves the solicitation of future employment with a firm or individual doing business with the City over which the employee has some control or influence in his/her official capacity at the time of the transaction. SEC. 3 . Improper use of City Equipment Prohibited: No City-owned equipment, instruments, tools, supplies, machine, badge, identification cards, or other items which are the property of the City shall be used by an employee except upon prior approval of the City Manager . No employee shall allow any unauthorized person to rent, borrow or use any City property unless upon prior approval of the City Manager . Page 6 RULE XI . - ANNIVERSARY DATE Anniversary Date : Anniversary dates shall - be set on the date of hire . When an employee is promoted, the Anniversary date shall be changed to the effective date of the promotion . RULE XII . - EVALUATIONS SEC. 1 . Written Performance Evaluation: Thereafter , all employees shall receive a written performance evaluation .six months following the date of hire or promotion . Thereafter , within 30 days of each anniversary date a written employee performance evaluation shall be completed. In addition, a report may be prepared at any time, at the discretion of the employee ' s supervisor . SEC. 2 . Each performance evaluation shall be discussed with the employee to point out areas of successful performance and those which require improvement . The employee may comment regarding his/her work performance, either in a written statement attached to the report or orally. The employee shall sign the report which will signify that he/she is aware of the contents . The employees signature does not imply that he/she agrees with the contents of the report . SEC. 3 . A copy of the report shall be provided to. the employee and the original will be placed in the employee ' s permanent file. RULE XIII . - COMPENSATION AND BENEFITS SEC. 1 . Compensation and Benefit Plan: A Compensation and Benefit Plan covering all classes of positions in the service shall be prepared by the City Manager or any person or agency which has been employed to complete. said plan. The plan shall indicate the minimum and maximum rates of pay. In addition, the benefit portion of the plan will define contributions by the City for employee benefits . SEC. 2 . The City Manager shall submit the proposed Compensation and Benef-it Plan, or any amendments, to the City Council . The Council shall adopt the proposed plan or any amendments by resolution . No position .shall be assigned a salary or receive benefit contributions beyond what is defined in the plan or any adopted amendments . SEC. 3 . The City Manager shall thereafter make such further studies of the Compensation and Benefit Plan as deemed appropriate, or as directed by the City Council . Any adjustments must be adopted as outlined above . SEC. 4 . Overtime Compensation: It shall be the policy of the City to conduct all business with a minimum amount of overtime . Overtime shall not be accrued under normal operating conditions and must be approved by the City Manager prior to commencement . When the following conditions exist, an employee shall be paid at the rate of one and one-half ( 1 1/2) times his/her regular rate : (A) When an employee is required to take minutes of a City Council, Planning Commission, or any other such meeting that may be approved by the City Manager (The Deputy City Clerk shall be exempt from this clause) ; and. (B) The time spent taking such minutes shall be in excess of the employee ' s normal forty ( 40 ) hour week . Also, the City Manager may grant the payment. of overtime compensation for eligible employees in instances under unusual circumstances, and only when such payment is deemed by the City Manager to be in the best interests of the City. SEC. 5 . Compensatory Time Off: At the discretion of the City Manager , an employee may be granted Compensatory Time Off. The employee shall have consistently worked in excess of normal working hours, excluding incidental overtime, which is described as one ( 1 ) hour or less. Under this provision, consideration will not be given to time worked where the employee received overtime compensation, as provided for in Section 4 . Compensatory Time Off shall only be granted for increments of eight ( 8 ) hours or . less . Page 7 RULE XIV. - MERIT INCREASES SEC. 1 . Merit Increases : All merit salary adjustments shall be based entirely on employee performance . a . As provided for in the salary and benefit plan, the City Manager is authorized to assign salaries within a range, which is adopted by the Council . b . The- employee ' s performance shall be reported on a form designated by the City Manager . Where applicable this evaluation shall also include input and observations from the employee ' s Supervisor . C. Any recommendation for a merit increase shall include a written performance evaluation. d . Based upon the performance evaluation, the City Manager may authorize a merit salary adjustment, provided that adjustment will not create a salary which is greater than the range authorized by the Council . The amount of the adjustment shall be based on the evaluation presented and any other factors indicating the employee ' s work performance . e . Merit increases shall be made effective on the first day of a pay period . RULE XV. - ATTENDANCE AND LEAVES SEC. 1 . Work Hours The usual working hours for City employees shall be 8 : 00 a .m. to 5 : 00 p.m. and a normal work week shall consist of forty ( 40 ) hours . Some departments may require a different work schedule which shall be developed by the department head and approved by the City Manager . SEC. 2 . Holidays : The following days shall be deemed holidays and all full-time regular employees shall receive eight ( 8 ) hours of compensation at their regular hourly rate : a . New Year ' s Day January 1 b. Washington ' s Birthday Third Monday in February c. Memorial Day Last Monday in May d . Independence Day July 4 e . Labor Day First Monday in September f . Veteran ' s Day November 11 g . Thanksgiving Day Fourth Thursday in November h . Day following Thanksgiving Day following above i . Christmas Day December 25 SEC. 3 . Holidays Occuring on Weekend. In the event that a holiday falls on a Saturday, the preceding Friday shall be a holiday. In the event -a holiday falls on a Sunday the following Monday shall be a holiday. SEC. 4 . If an employee is required to work on a holiday, they will receive eight ( 8 ) hours of compensatory time off . This compensatory time off must _ be used in the fiscal year in which it is earned. SEC. 5 . Attendance: Employees shall be in attendance at their work in accordance with the rules regarding hours of work holidays, and leaves . All departments shall keep daily attendance records in a manner which is approved by the City Manager , or his designee, who may request the presentation of such data at specific intervals . SEC. 6 . Failure on the part of an employee, absent without leave, to return to duty within 24 hours after receipt of notice to return shall be cause for immediate dismissal, and such employee automatically waives all rights under the personnel ordinance and these rules . The depositing in the United States mail of a first class letter , postage paid, addressed to the employee 's last known place of address, and •a signed notice of receipt o= delivery shall be reasonable notice . Page 8 RULE XVI . - LEAVE SEC. 1 . General Leave Purpose : A general leave plan shall be established for all full-time employees in lieu of traditional vacation leave, sick leave, bereavement leave, etc . General leave may be used for any leave purpose, however , its use shall be governed by the following sections . SEC. 2 . Categories : There shall be two categories of general leave as outlined below: A . Scheduled Leave : Any leave which one can reasonably forecast or - anticipate i . e . , vacation leave, scheduled medical/dental appointments , "extended weekends , " personal leave, etc. B . Unscheduled Leave : Any leave that is genuinely of an unanticipated nature i . e . , "sick leave, " bereavement leave, etc. SEC. 3 . Use of Leave : Scheduled Leave requires the approval of the employee ' s Department Head and City Manager . A request for scheduled leave should be submitted on a form designated by the City Manager . The employee shall be given due regard in selecting a convenient period to take scheduled leave, provided it is not in direct conflict with the best interest of the City. Every effort should be made to submit requests two weeks prior to the requested leave. The use of unscheduled leave shall be reported on a form and in a manner designated by the City Manager . Inappropriate or excessive use of unscheduled leave may be grounds for disciplinary action. SEC. 4 . Accrual : Each full-time regular employees shall accrue 13 . 33 hours of general leave for each month of service, with the exception of Department Heads who shall accrue 14 . 66 hours per month of service. The accrual of leave shall begin upon completion of the first full month of service. SEC. 5 . Maximum Accrual . No employee shall accrue more than 360 hours of general leave . When an employee ' s unused leave balance reaches this limit all accrual of additional general leave shall cease. SEC. 6 . Leave Advance: If during the first three months of employment an employee exhausts all leave accrued, the City Manager may advance an employee up to forty ( 40 ) hours of general leave. An advance shall only be provided when it is. in the best interest of the City and the following conditions- are met . a . The request is in writing, stating the reason for the advance. b. ' * The employee states the date of anticipated return. •s ... Any leave which is advanced will be deducted from future -accruals. — If an employee terminates employment prior to repayment of _the advanced leave, the .cost._shall be deducted from the final paycheck . _ SEC. -:7 .-----Compensation for : General- Leave_ at ..Termi"nation •Any 'employee . separating from 'the City service who has ' accrued 'general-leave shall be entitled to terminal pay in lieu of such general leave.?' When separation is caused by death of any employee, payment . shall be made to-the spouse or the estate of such employee or , in cases, as providedby. the Probate Code of the State. ' 'Terminal pay will be paid at the employee 's current hourly rate at time of termination, for any unused general leave.- SEC. 8 . Military Leave: Military Leave shall be granted in accordance with the provisions of State law. All employees entitled " to military leave under this section shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. Page 9 SEC. 9 . Jury Duty: Every full-time employee eligible for leave benefits ,, who is called or required to serve as a trial juror upon notification and proper verification submitted to his/her department head, shall be entitled to be absent from his/her duties with the City during the period of such service or while necessarily being present in court as a result of such call . The employee shall be required to reimburse the City for any pay received for jury duty, in exchange for receiving regular salary from the City . Any amount which is paid to the employee as travel reimbursement while on jury duty shall be retained by the employee . SEC . 10 . Leave of Absence Without Pay. The City Manager , in his/her unrestricted discretion, may grant a regular employee a leave of absence, without pay, benefits, or seniority. Any leave of absence which is approved shall not exceed 90 days . An extension of any leave of absence may be granted upon approval of the City Council when it is in the best interest of the City. In cases where a leave of absence without pay is requested due to pregnancy, the length of leave granted and conditions under which it is granted shall be made pursuant to State and Federal law. A leave of absence requires that the employee make a written request setting forth the reason for the request and the date the employee expects to return to work . The approval of any leave of absence shall also be in writing . Upon expiration of regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. The employee shall reimburse the City for the cost of any insurance policies which cover the employee and/or dependents during the course of the leave. Failure on the part of an employee on leave to return on duty promptly at its expiration, or within a reasonable time after notice, shall be deemed to be discharged. The depositing in the United States mail of a first class -letter , postage paid, addressed to the employee 's last known place of address , shall be reasonable notice .' RULE XVII . - SEPARATION FROM THE SERVICE SEC. 1 . Dismissal : An employee in the competitive service may be dismissed at any time by the appointing authority. Disciplinary dismissal action shall be taken in accordance with Rule IX. SEC. 2 . Resignation: An employee wishing to leave the competitive service in good standing shall file with his/her department head a written resignation stating the effective date and reasons- for leaving: - The .. : : resignation should be filed two weeks prior .to the effective date, unless such time limit is waived by the department head. . A statement as . to the resigned employee ' s . service performance, a copy of the resignation, and -,. . other pertinent -information shall -be forwarded -by the;"department-.to the -City- - Manager . Failure" to ,give notice as' required by -this :rule-.shall be -cau-se for denying future• employment by the City. . . K RULE `XVIII . ADMINISTRATIVE' REPORTS .AND RECORDS_ SEC. 1 : Personnel -.Records: : --- The--City Manager, or .his/her, ,designee =shall -_ maintain a --service or`personnel record for each•- employee in the _.service *of - the City showing the name, title of position . held, department "to` which- - - assigned, salary, changes in employment status,,-and such. other •information as may be considered -pertinent . SEC. 2 . Personnel Action Report : Every appointment, transfer, promotion, demotion, change of salary rate, or any other temporary or permanent change in status of employees shall be reported to the City Manager . in such manner as he/she may prescribe . Page. 10 RULE XIX. - VIOLATIONS SEC. 1 . Violation of Rules : Violations of the provisions of these- rules shall be grounds for rejection, suspension, demotion, dismissal , or other disciplinary action . PASSED, APPROVED AND ADOPTED this th day of , 1984 . AYES . NOES : ABSENT : Mayor ATTEST: City Clerk Page 11