HomeMy WebLinkAbout6.08 Personnel System Rules Ordinance 706
CITY OF ^,DUBLIN' ,.
AGENDA STATEMENT ,•
CITY COUNCIL MEETING DATE: September 28, 1987 '
.SUBJECT Personnel Ordinance and Personnel System Rules
EXHIBITS ATTACHED o Ordinance Establishing a Personnel System
• Draft Resolution Establishing Personnel System
Rules
• Draft Resolution Establishing Management Positions
Exempt from Competitive Service
RECOMMENDATION Open Public Hearing
ear Staff Presentation
Hear Public Comments
Close Public Hearing
Deliberate
Waive Reading and Adopt Ordinance , and adopt
Resolutions.
FINANCIAL STATEMENT: None
DESCRIPTION In 1984, the City Council adopted Ordinance No. 7-84,
which established a personnel system. This ordinance was based on model
legislation developed by the League of California Cities. The ordinance was
modified from the model legislation to be consistent with Ordinance No. 7-82
"Creating and Establishing the Position of City Manager" .
The proposed Personnel Ordinance will be consistent with the City Manager
proposed ordinance which rescinds Ordinance No . 7-82. The League of
California Cities has also published a 1987 edition of its suggested
ordinance . The proposed ordinance is based substantially on the language
contained in the recommended document and further input from the Assistant
City Attorney .
The proposed ordinance differs from the current system in the following
sections :
Section 3 (a) has been revised to allow the City Manager to act as the
appointing authority for all personnel, with the exception of the City
Attorney, who is appointed by the Council . This will be consistent with the
proposed City Manager Ordinance and documents prepared by the League of
California Cities .
Section 4 (e) has been added , which exempts management employees from the
competitive service , with the exception of those incumbents in Management
positions as of September 1 , 1987 . This provides the City Manager with
appropriate latitude in the selection and dismissal of management employees .
Section 4 (_j) and (k) are recommended in the suggested League Ordinance .
This exempts temporary positions from the competitive service.
Sections 7 and 8 formalize a Probationary Period. This is considered as
part of the recruitment process and it allows the employee to demonstrate
the ability to perform the duties of the position. During the past year ,
the City became a member of the NORCAL Employee Relations Consortium. This
group has provided several seminars by attorneys who specialize in this
field . Throughout their presentations , they have emphasized the importance
of this procedure .
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COPIES TO:
ITEM N0. 6 -W 8
AGENDA STATEMENT : Personnel Ordinance and Personnel System Rules
Page 2
Section 9 was revised to be consistent with the proposed language of Section
3 (a) . The previous ordinance contained the requirement for City Council
approval of the dismissal of Department Head positions .
Section 13 was revised to include language which would make the procurement
of contractual services. consistent with rules and policies governing the
purchase of services .
This Ordinance was introduced on September 14, 1987 at the City Council
meeting .
Staff has also prepared a draft set of revised Personnel Rules. These rules
have been arranged in the form of a Resolution which can be adopted at the
same time as the second reading of the Ordinance . They have been submitted
at this time in draft form to allow for review and input by the City Council
prior to adoption.
The following discussion outlines proposed changes to the current Personnel
Rules :
Rule I (Sections 18 , 19 and 30) provides new or revised definitions of
terms .
Rule IV (Section 4) explains the method in which criminal conduct may be
cause for ineligibility for employment. This is a new section based on the
League ' s model .
Rule VII (Section 5) provides for a provisional appointment . This can be an
important element if a temporary assignment is required for a limited period
of time .
Rule VIII regarding a probationary period has been added . This addition is
consistent with Sections 7 and 8 of the Ordinance discussed above.
Rule X (Section 7) was revised to include language consistent with the
government code . This change has been recommended by the Assistant City
Attorney.
Rule XIV (Sections 4-7) were revised to reflect the provision and
calculation of overtime. The current rules only provide for the payment of
overtime at 1 1/2 times the regular hourly rate when:
1) An eligible employee actually works more than 40 hours in one week .
2) An eligible employee is taking minutes at a City Council meeting.
Outside of these exceptions , employees eligible for overtime are
compensated at their regular hourly rate for each hour worked. During any
work period in which a holiday occurs , the holiday is not considered hours
worked .
The proposed rules would count the holiday as hours worked for the
purpose of calculating whether an eligible employee exceeded 40 hours worked
in a single work period . If an employee used general leave , this would not
be counted as hours worked .
Rule XIV ( Section 8) was revised using the term "'Administrative Time Off"
instead of "Compensatory Time Off" .
Rule XVI (Section 3) was revised to provide the specific listing of holidays
in the Benefit Plan .
Rule XVII (Section 4) was revised to provide a graduated leave schedule
based on years of service . The current personnel rules provide 13. 33 hours
of general leave , regardless of the number of years of service. Also , the
current rules address a different general leave schedule for Department Head
employees . These positions are exempt from the competitive service .
Therefore , a discussion of their leave benefits will occur in a separate
document .
AGENDA STATEMENT : Personnel Ordinance and Personnel System Rules
Page 3
Rule XVII (Section 11) has been revised in accordance with recent legal
rulings regarding the required provision of a leave of absence due to
pregnancy .
Exempt Management Employees
As noted in the discussion of the Ordinance, Section 4 (e) provides for the
exemption of Management Employees . This clearly denotes that individuals
serving in these positions are "at-will" employees who serve at the pleasure
of the City Manager . As such, they are also exempt from the personnel rules
and may be dismissed with or without cause. However , those incumbents
presently in these Management positions as of September 1 , 1987 , will
continue, to be covered by the same rules in effect at the time they were
appointed . Once the incumbent leaves the position , the position will be
considered an "at-will" position.
Staff has prepared a draft resolution which formally denotes each position .
The use of a resolution avoids the requirement to obtain an amendment to an
ordinance if the organization changes and a new management position is
created. The resolution can be processed in a more timely manner and allow
the recruitment process to begin.
The second function of the . draft resolution is to identify leave benefits
for the designated employees . All other positions eligible for leave
benefits are subject to Personnel Rules governing members of the competitive
service .
Currently , Department Heads accrue 14 . 6 hours of general leave for each
month of service regardless of the number of years of service. The proposed
resolution establishes a tiered schedule and includes the Assistant to the
City Manager as a Management Employee .
Recommendation
Staff would recommend that the City Council conduct a public hearing ,
provide any comments or input on the proposed resolutions , and waive the
reading and introduce the Ordinance Establishing a Personnel System.
re
-ORDINANCE .NO.
. - 87
AN ORDINANCE 'OF THE CITY.OF DUBLIN
REPEALING.'ORDINANCE NO. 7-W.-4
AND 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 13 of this
ordinance. The City Manager shall :
(a) Act as the appointing authority for the City, with the
exception of the City Attorney who shall 'be appointed
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; and 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.
page 1 . ,
Section 4 . COMPETITIVE SERVICE: The provisions of the
ordinance shall apply to all offices, positions and employments
in the service of the City, except:
(a) Elective officers.
(b) The City Manager.
(c) The City Attorney and any Assistant or Deputy City
Attorneys.
(d) Members of appointive boards, commissions, and
committees.
(e) Department Heads and other management positions
designated by the City Manager, including but not
limited to Planning Director*, Administrative
Services/Finance Director*, Recreation Director*,
Public Works Director/City Engineer, and Assistant to
the City Manager*.
(f) Persons engaged under contract to supply expert,
professional, technical or any other services.
(g) Volunteer personnel.
(h) All Council appointed city officers.
(i) Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as
cxtraordinary fire, flood, or earthquake which
threatens life or property.
(j ) Employees, other than those listed elsewhere in this
section, who are not regularly employed in permanent
positions. "Regularly employed in permanent positions"
means an employee hired for an indefinite term into a
budgeted position, who is regularly scheduled to work
no less than one thousand and forty (1040) hours per
year, and has successfully completed the probationary
period and been retained as provided in this ordinance
and the personnel rules.
(k) Any position primarily funded under a state or federal
employment program.
(1) Employees not included in the competitive service under
this section shall serve at the pleasure of their
appointing authority.
* Incumbents in these positions on September 1, 1987
shall be subject to the provisions of this Ordinance.
page 2
Section 5. ADOPTION AND AMENDMENT OF RULES: Personnel rules
shall be adopted by resolution of the City Council. The rules
...ay establish regulations governing the personnel system,
including:
(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
pesonnel 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 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. The probationary period
shall be considered an extension of the examination process.
Physical, medical and psychological tests may be given as a part
of any examination.
page 3
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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. 4
The appointing authority of 'employees Vin the competitive service
is the City Manager. The City Manager may delegate the
appointing authority to any other officer or employee of the
City.
Section 7. PROBATIONARY PERIOD: All regular appointments,
includinTpromotional appointments, shall be for :a probationary
period of six months. The appointing authority.;may .extend such
probationary period up to six additional months.' - 'The
probationary period shall commence from the date of .appointment.
In the event of illness or injury requiring absence from work,
the number of days absent shall be added to the length of the
probationary period. During the probationary period, the
employee may be rejected at any time without cause and there
shall be no right of appeal, hearing, or grievance procedure.
If the service of the probationary employee has been satisfactory
to the appointing authority, then the appointing authority shall
file with the City Manager a statement in writing to such effect
and stating that the retention of such employee in .the service is
desired. If such a statement is not filed, the employee will be
deemed to be unsatisfactory and his employment terminated at the
expiration of the probationary period. Where a statement of
satisfactory service has not been filed, notice of the
termination shall be served on the terminated employee by the
City Manager after the expiration of the selection period.
An employee rejected during the probationary period -from a
position to which he has been promoted shall be reinstated to a
position in the class from which he was promoted unless he is
discharged from the City service as provided in the personnel
rules. If no vacancy exists in such position, he shall be placed
on a re-employment list as provided in the personnel rules.
Section 8. STATUS OF PRESENT EMPLOYEES: Any person holding a
position included in the competitive service who, on the
effective date of this ordinance, shall have served continuously
in such position, or in some other position in the competitive
service, for a period equal to the probationary period prescribed
in the rules for his class, shall assume regular status in the
competitive service in the position held on such effective date
without qualifying test, and shall thereafter be subject in all
respects to the provisions of this ordinance and the personnel
rules.
Any other persons holding positions in the competitive service
shall be regarded as probationers who are serving out the balance
of their probationary periods as prescribed in the rules before
obtaining regular status. The probationary period shall be
computed from the date of appointment or employment.
page 4
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7
Section '9. DEMOTION; ,DISMISSAL, ' REDUCTION =ZN' PAY;. SUSPENSION, r
_REPRIMAND: ' The City-.Manager shall. .have .the aut ority . to emote,°. "
discharge, reprimand, °:reduce in pay, or .suspend, •;any, regular
employee for cause in accordance with procedures.,included in the
personnel rules.
Section 10. RIGHT OF APPEAL: Any employee in the competitive
service who has successfully completed the probationary period
shall have the right .to appeal a demotion, reduction in pay,
suspension, or discharge 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. ,
Section 11. LAY-OFF AND RE-EMPLOYMENT: Lay-off and re-
employment actions shall follow the process outlined in the
personnel rules.
Section 12. POLITICAL ACTIVITY: The political activities of
City emp oyees shall conform to pertinent provisions of state law
and any local provision adopted pursuant to state law.
Section 13. CONTRACTS FOR SPECIAL SERVICE: The City Manager
shams 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
procurement of any contractual services shall be arranged in
accordance with the adopted procurement laws and policies of the
City. The City 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.
page 5
part:
Section 14. SEVERABILITY: If any
part'-'of -:this ordinance or
`-,
the appl ion thereof:,to. any,'person or circumstances' is, held
invalid, the remainder of the ordinance and the application of .
such provision or circumstances shall not be affected thereby.
Section 15. REPEAL' OF ORDINANCE 7-84: ,"All provisions
contained in Ordinance 7- 4 shall be repealed upon enactment of
this ordinance.
Section 16. 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 day of , 1987 by the following
votes:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
page 6
RESOLUTION NO. - 87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
PERSONNEL SYSTEM RULES
WHEREAS, the City Council is authorized to adopt rules for the
administration of the personnel system; and
WHEREAS, the City Council adopted Resolution No. 29-84 on March 26, 1984;
and
WHEREAS, subsequent to that adoption, various amendments have been adopted;
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 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 to the City Manager in the interpre-
tation of these rules.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby adopt the following rules which shall supercede Resolution No.
29-84 and any subsequent amendments:
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 hereinafter defined:
Section 1. "Advancement" : A salary increase within the limits of a pay
range established for a class.
Section 2. "Allocation" : The assignment of a single position to its
proper class in accordance with the duties performed, and the authority and
responsibilities exercised.
Section 3. "Appointing Authority" : The officers of the City who, in their
individual capacities, or as a board, commission, or city council, have the
final authority to make the appointment to the position to be filled.
Page 1
Section 4. "Class" : All positions sufficiently similar in duties,
authority, and responsibility, to permit grouping under a common title in
the application with equity of common standards of selection, transfer,
demotion and salary.
Section 5. "Classification Plan" : 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.
Section 6. "Class Specifications" : A written description of a class,
setting forth the essential characteristics, knowledge, skills, abilities
and the requirements of positions in the class.
Section 7. "Competitive Service" : All positions of employment in the
service of the City except those excluded by the personnel ordinance.
Section 8. "Days" : Means calendar days .unless otherwise stated.
Section 9. "Demotion" : The movement of an employee from one class to
another class having a lower maximum base rate of pay.
Section 10. "Disciplinary Action" : The discharge, demotion, reduction in
pay, or suspension of a regular employee for punitive reasons and not for
any non-punitive reasons .
Section 11. "Dismissal" : The removal of an employee from employment with
the City.
Section 12. "Eligible" : A person whose name is on an employment list.
Section 13. "Employment List" :
a. Open employment list: A list of names of persons who have taken an
open-competitive examination for a class in the competitive servic-
and have qualified.
b. Promotional employment list: A list of names of persons who have
taken a promotional examination for a class in the competitive
service and have qualified.
Section 14. "Examination" :
a. Open-competitive examination: An examination for a particular
class which is open to all persons meeting the qualifications for
the class.
b. Promotional examination: An examination for a particular class
which is open only to employees meeting the qualifications for the
class.
Section 15. "Full-Time Position" : A position in the competitive service
which requires at least 40 hours of work per week.
Page 2
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Section 16. "Immediate Family" : Spouse, children, parents, brothers,
sisters, grandparents, grandchildren of the employee; and the corresponding
relationships by affinity.
Section 17. "Lay-Off" : The separation of employees from the active work
force due to laces-work or funds, or to the abolition of positions by the
City Council for the above reasons or due to organization changes.
Section 18. "Management Employee" : An employee appointed to a Department
Head position or other management .classification which is exempt from the
competitive service as defined in the Personnel Ordinance.
Section 19. "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.
Section 20. "Personnel Ordinance" : Ordinance No. which creates a
personnel system for the City.
Section 21. "Position" : A group of duties and responsibilities in the
competitive service ce requiring the full-time or part-time employment of one
person.
Section 22. "Probationary Period" : A period to be considered an integral ,
part of the examination, recruiting, testing and selection process during
which an employee is required to demonstrate fitness for the position to
which the employee is appointed by actual performance of the duties of the
position.
Section 23. "Promotion" : The movement of an employee from one class to
another class having a higher maximum base rate of pay.
Section 24 . "Provisional Appointment" : An appointment of a person who
possesses the minimum qualifications established for a particular class and
who has been appointed to a position in that class in the absence of
available eligibles. In no instance shall a provisional appointment exceed
six months.
Section 25. "Regular Employee" : An employee in the competitive service
who has successfully completed the probationary period and has been
retained as hereafter provided in these rules.
Section 26. "Reinstatement" : The restoration without examination of a
former regular emp oyee or probationary employee to a classification in
which the employee formerly served as a regular non-probationary employee.
Section 27. "Relief of Duty" : The temporary assignment of an employee to
a status of leave with pay.
Section 28. "Suspension" : The temporary separation from service of an
employee without pay for disciplinary purposes.
Section 29. "Temporary Employee" : An employee who is appointed to a
temporary or a permanent position for a limited period of time.
Page 3
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Section 30. "Temporary Position" : A full-time or part-time position of
limited. duration.
Section 31. "Termination" : The separation of an employee from the City
service because of rei- t cement, resignation, death or dismissal.
Section 32. "Transfer" : A change of an employee from one position to
another position�mn the same class or in a comparable class.
Section 33. "Work Period" : A normal work period shall begin at 12: 01
a.m. , Saturday and shall end at 12: 00 midnight on the following Friday.
RULE II . GENERAL PROVISIONS
Section 1. "Fair Employment Practices" : Any technique or procedure used
in recruitment and selection of -employees shall be designed to measure only
the 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, gender or national origin.
RULE III . CLASSIFICATION PLAN
Section 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.
Section 2 . "Allocation of Positions" : The City Manager shall allocate
each position in the competitive service to one of the classes established
by the plan. Consideration shall be given to the scope of duties required
and the adopted Annual Budget and Financial Plan, and any subsequent
amendments which address the allocation of resources. The task should be
completed in a manner which promotes efficient operations.
Section 3. "New Positions" : A new position shall not be created and
filled until the c assification plan has been amended to provide therefor
and an appropriate employment list established for such position.
Section 4. "Reclassification" : Positions, the assigned duties of which
have been materially changed by the City so as to necessitate
reclassification, whether new or already created, shall be allocated by the
City Manager to a more appropriate class. Reclassifications shall not be
used for the purpose of avoiding restrictions concerning demotions and
promotions, nor to effect a change in salary in the absence of a
significant change in assigned duties and responsibilities.
RULE IV. APPLICATIONS AND APPLICANTS
Section 1. "Announcement" : All examinations for classes in the
competitive service sha be publicized by such methods as the City Manager
or his/her designee deem appropriate. The announcements shall specify the
Page 4
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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.
Section 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 of one or more examining physicians,
references and fingerprints. All applications must be signed by the person
applying.
Section 3. "Disqualification" : The City Manager or his/her designee may
reject any app ication 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 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; or 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. Defective applications may be returned
to the applicant with notice to amend the same, providing the time limit
for receiving applications has not expired.
Section 4. "Criminal Conduct - Ineligibility for Employment" : Conviction,
including pleas of guilty and nolo contendere, of a felony shall be prima
facie disqualification of an applicant for employment; provided, however,
that the appointing authority may disregard such conviction if it is found
and determined by such appointing authority that mitigating circumstances
exist. In making such determination, the appointing authority shall
consider the following factors:
a. the classification, including sensitivity, to which the person is
applying or being certified and whether the classification is
unrelated to the conviction;
b. the nature and seriousness of the offense;
C. the circumstances surrounding the conviction;
d. the length of time elapsed since the conviction;
e. the age of the person at the time of conviction;
f. the presence or absence of rehabilitation or efforts at
rehabilitation;
g. contributing social or environmental conditions.
An applicant who is disqualified for employment under this section may
appeal the determination of disqualification. Such appeal shall be in
writing and filed with the City Manager within ten (10) days of the date of
the notice of disqualification. The City Manager shall hear and determine
Page 5
the appeal within ninety (90) days after it is filed. The determination of
the City Manager on the appeal is final. If the City Manager is the
appointing authority for the position, the appeal shall be made to the City
Council, with the determination by the City Council being final.
RULE V. EXAMINATIONS
Section 1. "Examination Process" : The selection techniques used in 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 responsibilities 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 samples,
medical tests, psychological tests, successful completion of prescribed
training, or any combination of these or other tests. The probationary
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 requirements.
Section 2. "Promotional Examinations" : Promotional examinations may be
conducted whenever, in the opinion of the City Manager, the needs of the
service require. Promotional examinations may include any of the selection
techniques mentioned in Section 1 of this rule, or any combination of them.
Only regular or probationary employees who meet the requirements set forth
in the promotional examination announcements may compete in promotional
examinations.
Section 3. "Conduct of Examination" : The City 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 public buildings and equipment for the conduct of examinations.
Section 4. "Notification of Examination Results and Review of Papers" :
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 test answer 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
Section 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 qualified in
the examination.
Page 6
Section 2. "Duration of Lists" : Employment lists shall remain in effect
until exhausted or abolished by the City Manager.
Section 3. "Removal of Names from List" : The name of any person appearing
on an employment, re-employment or promotional 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. .-, The
names of persons on promotional employment lists who resign from the
service shall automatically be dropped from such lists.
RULE VII. METHOD OF FILLING VACANCIES
Section 1. "Types of Appointment" : All vacancies in the competitive
service shall be filled by transfer, demotion, re-employment,
reinstatement, or from eligibles certified by the City Manager from an
appropriate employment list, if available. In the absence of persons
eligible for appointment in these ways, provisional appointments may be
made in accordance with these personnel rules. .
Section 2. "Notice to Personnel Director" : If a vacancy in the
competitive service is to be filled, the appointing power shall notify the
City Manager in the manner prescribed. If there is no re-employment list
available for the class, the appointing power shall have the right to
decide whether to fill the vacancy by reinstatement, transfer, demotion,
appointment from a promotional employment list, or appointment from an open
employment list.
Section 3. "Certification of Eligibles" : If the appointing power does not
consider it in the City' s best interest to fill the vacancy by
reinstatement, transfer, or demotion, or if it is not possible to fill the
vacancy by re-employment, certification shall be made from an appropriate
employment list, provided eligibles are available.
When the appointing power requests a vacancy be filled by appointment from
a promotional employment list or from an open employment list, the City
Manager should certify from the specified list the names of all individuals
willing to accept appointment. Whenever there are fewer than three names
of individuals willing to accept appointment on a promotional employment
list or on an open employment list, the appointing power may make an
appointment from among such eligibles or may request the establishment of a
new list. When so requested, the City Manager or designee shall hold a new
examination and establish• a new employment list.
Section 4. "Appointment" : After interview and investigation, the
appointing power shall make appointments from among those certified, and
shall immediately notify the City Manager or designee of the persons
appointed. The person accepting appointment shall report to the City
Manager, or the City Manager's 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 the
appointment.
Page 7
Section: 5. "Provisional Appointment" : In the absence of there being names
of individuals wi i.ng to accept appointment from appropriate employment
lists, a provisional appointment may be made by the appointing authority of
a person meeting the minimum training and experience qulifications for the
position. Such an appointment may be made during the period of suspension
of an employee or pending final action on proceedings to review suspension,
demotion or discharge of an employee, and such vacancy may be filled by th,
appointing authority subject to the provisions of the Personnel Ordinance
and these personnel rules. A provisional employee may be removed at any
time without the right of appeal or hearing.
A provisional appointee shall accrue the same benefits as probationary
employees. If a provisional appointee is selected for a full-time position
with the City, the time served as a provisional appointee shall be counted
as time toward the fulfillment of the required probationary period.
No special credit shall be allowed in meeting any qualifications or in the
giving of any test or the establishment of any open-competitive promotional
lists, for service rendered under a provisional appointment.
Section 6. "Prohibition Against Hiring Relatives" : No employee,
prospective emp oyee, 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
to:
a. refuse to place one party to a relationship under the direct or
indirect supervision of the other party to a relationship;
b. 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. disqualify one party to a relationship for a position privy to
confidential personnel matters who has a relative already in the
City' s employment when the relationship may compromise confidential
information.
RULE VIII . PROBATIONARY PERIOD
Section 1. "Regular Appointment Following Probationary Period" : All
original and promotional appointments shall be tentative and subject to a
probationary period of six months. The appointing authority may extend
such probationary period up to six additional months. If the service of
the probationary employee has been satisfactory to the appointing
authority, then the appointing authority shall file with the City Manager a
statement in writing to such effect and stating that the retention of such
employee in the service is desired. If such a statement is not filed, the
employee will be deemed to be unsatisfactory and his employment terminated
at the expiration of the probationary period. Where a statement of
Page 8
satisfactory service has not been filed, notice of the termination shall be
served on the terminated employee by the City Manager after the expiration
of the selection period.
Section 2. "Objective of Probationary Period" : The probationary period
shall be regarded as a part of the selection process and shall be utilized
for closely observing the employee's work and for securing the most
effective adjustment of a new employee to his position.
Section 3. "Rejection of Probationer" : During the probationary period, an
employee may be rejected at any time by the appointing power without cause
and without the right of appeal. Notification of rejection by the
appointing authority shall be served on the probationer.
Section 4. "Rejection Following Promotion" : Any employee rejected during
the probationary period following a promotional appointment, or at the
conclusion of the probationary period by reason of failure of the
appointing power to file a statement that the employee's services have been
satisfactory shall be reinstated to the position from which the employee
was promoted unless charges are filed and the employee is discharged in the
manner provided in the Personnel Ordinance and these rules for positions in
the competitive service. If there is no vacancy in such position, the
employee may request to be placed on a re-employment list.
RULES IX. TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT
Section 1. "Transfer" : No person shall be transferred to a position for
which that person does not possess the minimum qualifications Upon notice
to the City Manager, an employee may be transferred by the appointing power
or designee at any time from one position to another position in a
comparable class . For transfer purposes, a comparable class is one with
the same maximum salary, involves the performance of similar duties and
requires substantially the same basic qualifications.
If the transfer involves a change from one department to another, both .
department heads must consent thereto unless the City Manager orders the
transfer. Transfers shall not be used to effectuate a promotion, demotion,
advancement, or reduction, each of which may be accomplished only as
provided in the Personnel Ordinance or these Rules.
Section 2. "Promotion" : Insofar as consistent with the best interests of
the service, all vacancies in the competitive service shall 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 vacancy in the position may be filled by an open-
competitive examination instead of promotional examination, in which event
the City Manager or designee shall arrange for an open-competitive
examination and for the preparation and certification of an open-
competitive .employment list.
Section 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 9
. . . ...._..\ .- •' J,u...1.... - - '.ZL:P�+?:r:'RSu;L'.P_hs:'17.,:L2•.t..�wr.;.fi7..��.4-�.w+.3..;.t..�.,._.,%�!iSr?:Sivr'f::'1..7Y..S[.�r..,S....R..1riu+i.F.:r.JL2+r.-'s,...i:Sa,:...>,w.-...-:i7i:..E,+e_. F..of the appointing power, demotion may be made to a vacant position. No
employee shall be demoted to a position who does not possess the minimum
qualifications. Disciplinary demotion action shall be in accordance with
Rule X. hereof.
Section 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.
Department Heads may recommend to the City Manager the suspension of
employees under their control. Intended suspension action shall be
reported imediately to the City Manager or designee and shall be taken in
accordance with Rule X. hereof.
Section 5. "Reinstatement" : With the approval of the appointing power, a
regular employee or probationary employee who has completed at least six
months of probationary service and who has resigned with a record free of
disciplinary action, may be reinstated within two years of the effective
date of resignation, to a vacant position in the same or comparable class.
Upon reinstatement, the employee shall be subject to the probationary
period prescribed for the class . No credit for former employment shall be
granted in computing salary, leave, or other benefits except on the
specific reommendation of the appointing authority at time of
reinstatement.
RULE X. DISCIPLINARY ACTION
Section 1. "Policy" : Prior to a suspension of more than five days,
demotion, reduction in pay, or dismissal of a regular employee for
disciplinary purposes, the procedure set forth in this rule shall be
complied with.
Section 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.
Section 3. "Employee Review" : The employee shall be given an opportunity
to review the documents or materials upon which the proposed disciplinary
action is based, and, if practicable, the employee shall be supplied with a
copy of the documents.
Section 4. "Employee Response" : Within five (5) working days after the
employee has had the review opportunity provided above, the employee shall
have the right to respond, orally or in writing, at the employee's option,
to the appointing authority concerning the proposed action.
Section 5. "Relief of Duty" : Notwithstanding the provisions of this Rule,
upon the recommendation of the Department Head, the City Manager may
approve the temporary assignment of an employee to a status of leave with
pay pending conduct or completion of such investigations or opportunity to
respond as may be required to determine if disciplinary action is to be
taken.
Page 10
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Section 6. "Appeal" : Regular employees may appeal disciplinary actions to
an administrative hearing before the City Council by filing a written
request with the City Manager within five (5) days of the imposition of the
action.
Section 7. "Causes for Action" : Disciplinary action may be taken for any
of the following causes, as d efined by law and/or common understanding:
a. Fraud in securing appointment.
b. Incompetency.
c. Inefficiency.
d. Inexcusable neglect of duty.
e. Insubordination.
f. Dishonesty.
g. Drunkenness on duty.
h. Intemperance.
i. Addiction to the use of controlled substances.
j . Inexcusable absence without leave.
k. Conviction of a felony or conviction of a misdemeanor involving
moral turpitude. A plea or verdict of guilty, or a conviction
following a plea of 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. Immorality.
M. Discourteous treatment of the public or other employees.
n. Improper political activity.
o. Willful disobedience.
p. Misuse of City property.
q. Violation of this part or other section of the Personnel Rules.
r. Refusal to take and subscribe any oath or affirmation which is
required by law in connection with the employment.
S . Other failure of good behavior either during or outside of duty
hours which is of such a nature that it causes discredit to the
appointing authority or the person's employment.
Page 11
t. Unlawful discrimination, including harassment, on the basis of
race, religious creed, color, national origin, ancestry, physical
handicap, marital status, sex, or age, against the public or other
employees while acting in the capacity of a City employee.
U. Unlawful retaliation against any other City officer or employee or
member of the public who in good faith reports, discloses,
divulges, or otherwise brings to the attention of any appropriate
authority, any facts or information relative to actual or suspected
violation of any local, state or federal law which occurs the job
or directly related thereto.
v. Willful violation of the provisions of any local, county, state, or
federal law, or of these rules.
RULE XI . EMPLOYEE ACTIVITIES
Section 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
responsibilities 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.
Section 2. "Determination of Inconsistent Activities" : In making a
determination as to the consistency or inconsistency of outside activities,
the appointing authority shall consider, among other pertinent factors,
whether the activity:
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; or
b. involves the performance of an act or work which may later be
directly or indirectly subject to the control, inspection, review,
audit or enforcement by such employee or his/her department; or
C. involves conditions or factors which would probably directly or
indirectly lessen the efficiency of the employee in his/her regular
City employment, or conditions in which there is a substantial
danger, injury, or illness to the employee; or
d. involves the use for private gain or advantage of City time,
facilities, equipment and supplies, prestige, influence, or
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.
Page 12
Section 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 appointing authority.
No employee shall allow any unauthorized person to rent, borrow or use any
City property unless upon prior approval of the City Manager.
RULE XII. ANNIVERSARY DATE
Section 1. "Anniversary Date" : Anniversary dates shall be set on the date
of hire. When an empl-ogee-ir—s promoted, the Anniversary date shall be
changed to the effective date of the promotion.
RULE XIII . EVALUATIONS
Section 1. Written Performance Evaluation" : All employees shall receive
a written performance evaluation six months following the date of hire or
promotion. Thereafter, within 30 days of each aniversary date, a written
employee performance evaluation shall be completed. The employee may also
be requested to complete a written evaluation of his/her performance, for
discussion with the employee' s supervisor. In addition, an evaluation
report may be prepared at any time, at the discretion of the employee's
supervisor.
Section 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 employee's signature does not imply that
he/she agrees with the contents of the report. The report shall also be
signed by the City Manager. In addition, the employee's direct supervisor
shall sign the evaluation as appropriate.
Section 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 XIV. COMPENSATION AND BENEFITS
Section 1. "Salary Plan and Benefit Plan" : A Salary Plan 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 Salary Plan shall indicate the minimum and maximu,,,
rates of pay. The Benefit Plan shall define contributions by the City for
employee benefits .
Section 2. "Approval by City Council" : The City Manager shall submit the
proposed Salary Plan and Benefit Plan, or any amendments, to the City
Council. The Council shall adopt the proposed plans or any amendments by
resolution. No position shall be assigned a salary or receive benefit
contributions beyond what is defined in the plans or any adopted
amendments.
Page 13
Waaix 'g +'•wa• A Nfl^:i:SVT.'
Section 3. Amendments to Plans ,.-j:_The City Manager-:shall whereafter make
sudh , further studies o . the Sa wry"-Plan`..and Benefit Plan as (deemed
appropriate, or as directed :by 'the City Council Any,.adjustments .must be
adopted' as outlined above.
Section 4. "Overtime Compensation Eligibility" : The City Manager or
designee shall conduct a review of the responsibilities of each position
and designate whether the position is exempt from overtime compensation
provisions pursuant to the Code of Federal Regulations, Title 29, Part 541
(Fair Labor Standards Act) . Those employees who serve in a position which
is designated as exempt, shall not be eligible for overtime compensation.
Section' S. "Number of Hours Worked to Obtain Overtime" : Overtime for
eligible employees shall be any hours worked in excess of 40 hours during a
single work period.
Section 6. "Method of Com ensation" : Compensation for overtime shall be
in the form of cash, calculated at one and one-half times the employees
'hourly rate for each hour of .overtime worked.
Section 7. "Calculation of Hours Worked": For purposes of calculating
overtime pay, holidays shall count as hours worked within a work period.
Employees eligible for overtime who take minutes at a City Council or
Commission meeting shall be compensated at one and one-half times their
hourly rate for the time they are attending the meeting, regardless of the
hours worked in the corresponding work period.
Section 8. "Administrative Time Off" : At the discretion of the City
Manager, and upon the recommendation of the department head where
applicable, an employee who is designated as exempt under Section 4 above,
maybe granted Administrative 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. Administrative Time
Off shall not be granted for increments greater than eight (8) hours.
RULE XV. MERIT INCREASES
Section 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 in the Salary Plan.
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 in
Page 14
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, the adopted Salary Plan. The amount of the adjustment shall be
based on the evaluation presented and any other factors indicating
the employee' s work performance.
e. The effective date of any merit increase shall begin on the first
day of a pay period. The effective date shall be noted on the
personnel action form which must be approved by the City Manager.
Section 2. "Performance Pay Adjustments" : Are separate from Merit
Increases and are inten ed to provide limited pay adjustments given an
employee' s salary position within the adopted pay range.
a. A Performance Pay adjustment shall be a one-time wage increase,
which will not alter the pay range adopted pursuant to the Salary
Plan.
b. Said adjustment may be granted to a regular employee regularly
scheduled to work 20 or more hours per week, if the evaluation
process followed under provisions for Merit Increases (Rule XV.
Section 1) indicates that the employee's performance is at a level
which would warrant an adjustment beyond the adopted salary range.
c. A Performance Pay Adjustment shall be at the discretion of the City
Manager and will be based on a written performance evaluation and
any other factors indicating the employee's work performance.
d. Performance Pay Adjustments shall be a one-time lump sum payment
which shall not exceed 10% of the employee's annual salary. For
purposes of this section, the employee's annual salary shall be 12
times the employee' s monthly salary prior to the adjustment. Also,
this section shall not preclude the actual payment of the
Performance Pay Adjustment in several installments as authorized by
the City Manager.
e. An employee shall be eligible for a Performance Pay Adjustment on
an annual basis, provided the other criteria in this section have
been met. The intent of this is to allow for a Performance Pay
Adjustment in conjunction with an employee's annual review related
to their anniversary date.
RULE XVI . ATTENDANCE AND HOLIDAYS
Section 1. "Work Hours" : The usual working hours for City employees shall
be 8: 00 a.m. to 5: 00 F.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.
Section 2. "Attendance" : Employees shall be in attendance at their work
in accordance with the rules regarding hours of work, holidays and leaves.
Daily attendance records of employees shall be maintained which shall be
reported to the City Manager or designee in the form and on the dates
he/she shall specify. Failure on the part of an employee, absent without
leave, to return to duty within 24 hours after notice to return, shall be
cause for immediate discharge, and such employee automatically waives all
Page 15
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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, shall be reasonable notice.
Section 3. "Holidays" : The City Council shall designate official City
holidays in the Benefit Plan. All full time employees shall be entitled to
eight (8) hours of compensation for each designated holiday.
Section 4. "Employees Regularly Scheduled to Work 20 to 40 Hours Per
Week" : Employees in the competitive service scheduled to regularly work
between 20 and 40 hours per week, a pro-rata share of holiday compensation
will be provided. The pro-rata share will be determined by the percentage
of a regular 40 hour work week which they are scheduled to work. The
regularly scheduled number of work hours must be designated on the
Personnel Action Form.
Section 5. "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.
Section 6. "Employees Required to Work on Holiday" : If an employee is
required to work on a holiday, the employee will receive eight (8) hours of
time off "in lieu" of the designated holiday. This time "in lieu" of a
holiday must be used in the fiscal year in which it is earned.
RULE XVII. LEAVE
Section 1. "General Leave Purpose" : A general leave plan shall be
established for all employees regularly scheduled to work more than 1, 040
hours on an annual basis, 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.
Section 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.
Section 3. "Use of Leave" : Scheduled Leave requires the approval of the
employee ' s Department Head and City Manager prior to the absence. 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.
Page 16
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Section 4. "Leave Accrual" : - .Depending on'`'the =status 'of 'the employee, the
amount of general leave accrued shall be -as-denoted in -the appropriate
section below:
a. Full-Time Employees: Each full-time employee in the competitive
service shall accrue general leave for each month of service, based on
the years of service with the City. - The accrual of leave shall begin
upon completion of the first full month of service. The accrual shall
be in accordance with the following schedule:
Length of Service Leave Accrued Each Month
Beginning with the first month
of service through the fifth 13:33 Hours
year (60th month) '
Following the fifth year
-through the tenth year (61st 15. 33 Hours
month —120th month)
Following the tenth year (121st month) 16. 67 hours
b. Employees Scheduled to Work 20-40 Hours Per Week: For employees in
he competitive service scheduled to work between 20 and 40 hours per
week, the pro-rata share to be accrued will be the percentage of a
regular 40 hour work week which they are scheduled to work, multiplied
by the leave accrued per month, as shown in Sub-section a. above. The
regularly scheduled number of work hours must be designated on the
Personnel Action Form.
c. Management Employees : Management employees subject to the
provisions of the Personnel Ordinance shall accrue general leave for
each month of service, based on the years of service with the City.
The accrual of leave shall begin upon completion of the first full
__.onth of service. The accrual shall be in accordance with the
following schedule:
Length of Service Leave Accrued Each Month
Beginning with the first month
of service through the fifth 14. 66 Hours
year (60th month)
Following the fifth year
through the tenth year (61st 16. 67 Hours
month - 120th month)
Following the tenth year (121st month) 18. 00 hours
Section 5. "Maximum Accrual" : No employee shall accrue more than 360
hours of genera leave. When an employee' s unused leave balance reaches
this limit, all accrual of additional general leave shall cease until the
balance falls below the maximum accrual limit.
Page 17
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Section 6. "Leave Advance" : If, during the first three months of
employment, an emp oyee 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.
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.
Section 7. "Compensation for General Leave at Termination" : 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 applicable cases, as provided by 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.
Section 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.
Section 9. "Jury Duty" : Every full-time employee eligible for leave
benefits who is calle2l 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.
Section 10. "Leave of Absence Without Pay" : The City Manager, in his/her
unrestricted discretion, may grant a regular or probationary 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 beyond 90 days 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 by a female employee on account of
pregnancy, up to four months leave without pay may be granted, in
accordance with applicable laws.
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 City-provided
insurance policies which cover the employee and/or dependents during the
Page 18
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course of the leave. Failure :on.the,part. of an.employee on"Je`a* ve..to.return
to duty promptly at its expiration,'.."or within`'area 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 XVIII. SEPARATION FROM THE SERVICE '
Section 1. "Dismissal" : An employee 'in the competitive service may be
dismissed at any time by the appointing authority in accordance with Rule
X.
Section 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
cause for denying future employment by the City.
RULE XIX. ADMINISTRATIVE REPORTS AND RECORDS
Section 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.
Section 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.
RULE XX. VIOLATIONS
Section 1. "Violation of Rules" : Violations of the provisions of these
rules shall be grounds for refection, suspension, demotion, dismissal, or
other disciplinary action.
PASSED, APPROVED AND ADOPTED this 28th day of September, 1987, by the
following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
Page 19
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RESOLUTION NO. - 87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************************
ESTABLISHING MANAGEMENT' POSITIONS
EXEMPT FROM COMPETITIVE SERVICE
AND PRESCRIBING LEAVE BENEFITS FOR THE POSITIONS
WHEREAS, the City Council has adopted a Personnel Ordinance; and
WHEREAS, Section 4 (e) of the Ordinance exempts Department Heads and
other Management Positions from the Competitive Service; and
WHEREAS, this establishes a system in which management employees serve
at the pleasure of the Appointing Authority; and
WHEREAS, the exemption from competitive service also exempts these
employees from the personnel rules, including the description of leave
benefits; and
WHEREAS, it is appropriate to define leave benefits for these
employees .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin, in accordance with the Ordinance Establishing a Personnel System,
designates the positions identified in Section 1 below as exempt from
competitive service and will serve at the pleasure of the City Manager,
except as noted in Section 4 (e) of the Personnel Ordinance:
Section 1. The Department Head and Management Employees shall include:
a. Administrative Services/Finance Director
b. Assistant to the City Manager
C. Planning Director
d. Public Works Director/City Engineer
e. Recreation Director
BE IT FURTHER RESOLVED that those employees identified in Section 1 above
shall receive General Leave Benefits as follows :
Section 2. "General Leave Purpose" : A general leave plan shall be
established for all emp oyees noted in Section 1 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 .
Section 3. "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.
Page 1
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Section 4. "Use of Leave" : Scheduled Leave requires the approval of the
City Manager prior to the absence. 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.
Section 5. "Accrual - Management Employees" : Each employee covered by
this Section shall accrue general leave for each month of service, based
on the years of service with the City. The accrual of leave shall begin
upon completion of the first full month of service. The accrual shall be
in accordance with the following schedule:
Length of Service Leave Accrued Each Month
Beginning with the first month
of service through the fifth 14. 66 Hours
year (60th month)
Following the fifth year
through the tenth year (61st 16. 67 Hours
month - 120th month)
Following the tenth year (121st month) 18. 00 hours
Section 6. "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 until the
balance falls below the maximum accrual limit.
Section 7. "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.
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.
Section 8. "Compensation for General Leave at Termination" : 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 applicable cases, as provided by 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.
Section 9. "Military Leave" : Military Leave shall be granted ' in
accordance with the provisions of State Law. All employees entitled to
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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.
Section 10. "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 the City Manager, 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.
Section 11. "Leave of Absence Without Pay" : The City Manager, in his/her
unrestricted discretion, may grant a management 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
beyond 90 days 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 by a female employee on account of pregnancy, up
to four months leave without pay may be granted in accordance with
applicable laws .
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 City provided
insurance policies which cover the employee and/or dependents during the
course of the leave.
Section 12. "Administrative Time Off" : At the discretion of the City
Manager, a Management Employee may be granted Administrative 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.
Administrative Time Off shall not be granted for increments greater than
eight (8) hours .
PASSED, APPROVED AND ADOPTED this 28th day of September, 1987.
AYES:
NOES:
ABSENT:
ATTEST: Mayor
City C er