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HomeMy WebLinkAboutReso 142-90 MngmtExempRESOLUTION NO. 142 - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESCINDING RESOLUTION NO. 21-90 AND 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, the exemption from competitive service also exempts these employees from the personnel rules, including the description of leave benefits; and WHEREAS, the City Council has adopted Resolution No. 21-90 which established management positions and prescribed leave benefits for those positions; and WHEREAS, due to changes in the leave policy, it is appropriate to rescind Resolution No. 21-90 and establish a new policy. 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 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. A. The Department Head and Management Employees shall include: 1. Administrative Services/Finance Director 2. Assistant City Manager 3. Assistant to the City Manager 4. City Clerk 5. Planning Director 6. Public Works Director/City Engineer 7. Recreation Director The following leave benefits shall be provided to employees identified above: Section 1. "Purpose": A. General Leave: A general leave plan shall be established for all employees in lieu of traditional vacation leave, sick leave, etc. General leave may be used for any leave purpose, however, its use shall be governed by the following sections. B. Sick Leave: Sick leave shall not be considered as a right which may be used at an employee's discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, in accordance with these rules. Section 2. "General Leave Categories": general leave as outlined below: There shall be two categories of 1 A. Scheduled Lea~: Any leave which one can ~easonably 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. Section 3. "Use of General 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. Section 4. "General Leave Accrual": shall be as denoted below: The amount of general leave accrued A. Management Employees: Management employees shall accrue general leave for each biweekly period of service, based on the years of service with the City. If an employee begins their service on any date other than the first working day of a biweekly pay period, the amount of general leave earned in that period shall be proportionate to the number of days worked. The accrual of leave shall begin on the first day of service. However, use of leave shall not begin until after 1 month of service, except as noted in Section 10. The accrual shall be in accordance with the following schedule: Length of Service Leave Accrued Each Bi-Weekly Period Beginning with the first month of service through the fifth year (60th month) 6.77 hours Following the fifth year through the tenth year (61st month - 120th month) 7.69 hours Following the tenth year (121st month) 8.31 hours Section 5. "General Leave Maximum Accrual": _No employee shall accrue more than 360 hours of general leave. When an employee's unused leave balance reaches this limit, such employees shall no longer accrue general leave until the balance falls below the maximum accrual limit. Section 6. "Sick Leave Accrual": When an employee has reached the maximum accrual stated in Section 5 above, the employee shall accrue Sick Leave at the rate provided for General Leave in Section 4. Sick Leave shall only be earned for such time as the employee is ineligible to accrue General Leave due to the maximum accrual limit. Section 7. "Sick Leave Maximum Accrual": No employee shall accrue more than 360 hours of sick leave. When an employee's unused sick leave balance reaches this limit, the employee shall no longer be eligible to earn sick leave. Section 8. "Use of Sick~ Leave Hours": Use of sickIleave hours shall not be considered as a right which may be used at an employee's discretion, but shall be allowed only in case of necessity. An employee shall only be eligible to use the sick leave hours when the employee has exhausted all General Leave accrued. Sick leave hours may be used for: A. An employee's illness or injury. (Leave for more than 5 days will require a doctor's certificate indicating that the employee was ill and has been treated. The doctor shall also specify whether the employee can return to work with or without restrictions.) B. An employee's dental, eye or other physical or medical examination or treatment by a licensed practitioner. C. For family medical purposes when a member of the employee's immediate family is involved. This shall include illness, accident, medical appointments, or other related occurrences. Section 9. "Sick Leave Reporting": Employees who use sick leave hours will be required to file a personal declaration with the City Manager stating the cause of absence. Said declaration shall be on a form developed and implemented by the City Manager. Section 10. "General 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 11. "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 12. "No Compensation for Sick Leave at Termination": Any employee separating from the City service who has unused sick leave hours will not be compensated for any such sick leave hours remaining at the time of termination. Section 13. "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. 3 Section 14. "Jury Dut~: 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. Section 15. "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 regular employee on account of the birth or adoption of his/her child, 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. Failure on the part of an employee on leave to return to 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. Section 16. "Bereavement Leave": In the event of a death in the immediate family, the employee shall, upon request, be granted such time off with pay not to exceed three (3) regularly scheduled working days. BE IT FURTHER RESOLVED that Resolution No. 21-90 is hereby rescinded. PASSED, APPROVED AND ADOPTED this 13th day of November, 1990. AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt NOES: None ABSENT: None 4