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HomeMy WebLinkAboutReso 141-90 PersonnelRulesRESOLUTION NO. 141 - 90 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. 85-87 on September 28, 1987; 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 interpretation 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 supersede Resolution No. 85-87 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. "ADDointin~ 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. 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. -1- 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 SDecifications": 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. "DisciDlinarv 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": with the City. The removal of an employee from employment Section 12. "Eliqible": A person whose name is on an employment list. Section 13. "EmDloyment List": Open employment list: A list of names of persons who have taken an open-competitive examination for a class in the competitive service and have qualified. 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": Open-competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. 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 hour per week. 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 lack of work or funds, or to the abolition of positions by the City Council for the above reasons or due to organization changes. -2- Section 18. "Manaqeme~~~ EmDloVee": An employee ~pointed 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. part-time position may be either temporary or regular. A Section 20. "Personnel Ordinance": a personnel system for the City. Ordinance No. which creates Section 21. "Position": A group of duties and responsibilities in the competitive service 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 ADDointment": 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 employee or probationary employee to a classification in which the employee formerly served as a regular non-probationary employee. Section 27. "Relief of DutV": to a status of leave with pay. The temporary assignment of an employee Section 28. "Suspension": The temporary separation from service of an employee without pay for disciplinary purposes. Section 29. "TemDorarV EmDloVee": An employee who is appointed to a temporary or a permanent position for a limited period of time. Section 30. "TemDorary Position": limited duration. A full-time or part-time position of Section 31. "Termination": The separation of an employee from the City service because of retirement, resignation, death or dismissal. Section 32. "Transfer": A change of an employee from one position to another position in the same class or in a comparable class. Section 33. "Work Period": a normal work period onall 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 techniques 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 classification 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, not 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 shall be publicized by such methods as the City Manager or his/her designee deem appropriate. 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. -4- Section 2. "ADDlicati~n Forms": Applications sha~l 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 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 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 - Ineliqibilitv 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: 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; 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 then (10) days of the date of the notice of disqualification. The City Manager shall hear and determine 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. -5- 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 combinations 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. Ann candidates shall have the right to inspect their own test answer sheet within five (5) 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. 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 -6- removed by the City Ma~ger 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. "TyDes of ADDointment": 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 Eliqibles": 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 person 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. Section 5. "Provisional ADDointment": In the absence of there being names of individuals willing 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 qualifications for the position. Such an appointment may be -7- made during the period of suspension of an employe~or pending final action on proceedings to review suspension, demotion or discharge of an employee, and such vacancy may be filled by the 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 Aqainst Hirinq 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 to: refuse to place one party to a relationship under the direct or indirect supervision of the other party of a relationship; refuse to place both parties to a relationship in the same department, division, or facility when such has the potential for creating adverse impact on supervision, safety, security, morale, or involves potential conflicts of interest; 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. "Reqular Appointment Followinq Probationarv 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 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. "Obiective 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. -8- Section 3. "Re~ection 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. "Re~ection 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. RULE 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 he 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 he 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 r'equest of the employee, and with the consent 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. "SusDension": 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 -9- of employees under the~£ control. Intended suspension action shall be reported immediately 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 recommendation 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. "EmDloyee 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. "EmDloyee ResDonse": 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 Dutv": 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. Section 6. "ADDeal": 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 defined by law and/or common understanding: a. Fraud in securing appointment. b. Incompetency. c. Inexcusable neglect of duty. -10- d e f. g- h. i. j. k. m. n. O. P- q- Inexcusable neglect Insubordination· Dishonesty· Drunkenness on duty. Intemperance. Addiction to the use of controlled substances. Inexcusable absence without leave. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A pleas 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 he meaning of this section. Immorality. Discourteous treatment of the public or other employees. Improper political activity. Willful disobedience. Misuse of City property. Violation of this part or other section of the Personnel Rules. Refusal to take and subscribe any oath or affirmation which is required by law in connection with the employment. 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. 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. 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 on the job or directly related thereto. Willful violation of the provisions of any local, county, state, or federal law, or of these rules. -11- '~.~LE 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 of outside activities, the appointing authority shall consider, among other pertinent factors, whether the activity: 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 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 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 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 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. Section 3. "ImDroDer Use of Citv 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 date 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. -12- 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 anniversary 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 a 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 maximum rates of pay. The Benefit Plan shall define contributions by the City for employee benefits. Section 2. "A~proval 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. Section 3. "Amendments to Plans": The City Manager shall thereafter make such further studies of the Salary 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 ComDensation 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 5. "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. -13- Section 6. "Method o'~ Compensation": Compensatio~ 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, 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. RULES XV. MERIT INCREASE Section 1. "Merit Increases": All merit salary adjustments shall be based entirely on employee performance. 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. 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. Any recommendation for a merit increase shall include a written performance evaluation. 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 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. The effective date of any merit increase 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 intended to provide limited pay adjustments given an employee's salary position within the adopted pay range. A Performance Pay Adjustment shall be a one-time wage increase, which will not alter the pay range adopted pursuant to the Salary Plan. Said adjustment may be granted to a regular employee regularly scheduled to work 20 or more hours per week, if the evaluation -14- process foll~.~d 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· 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. 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. 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 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. Section 2. "Attendance": Employees shall be in attendance at their work in accordance with the rules regarding work hours, holidays and leaves. Modifications to the regular work schedule are subject to the approval of the employee's supervisor. For example, if for personal reasons, the employee needs to come into work late or leave early, the employee, at the discretion of his/her supervisor, may be allowed to make up time missed from work during the affected work week. Such exceptions should be for unanticipated/emergency occurences. Frequent modifications to the regular work schedule may result in disciplinary action. 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 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. -15- Section 4. "Employees ~eqularlv 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 Occurrinq 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. In cases where one of two consecutive holidays falls on a weekend day (e.g., the Day before Christmas and Christmas Day/the Day before New Year's and New Year's Day) a conflict may occur with the paragraph above. In such cases, the City Manager shall designate the day(s) to be observed as a holiday(s) in lieu of the holiday(s) which falls on Saturday and/or Sunday. The City Manager's designation shall not result in the observation of more total holidays than are approved in the Employee Benefit Plan. 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. "Purpose": a. General Leave: 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, etc. General leave may be used for any leave purpose, however, its use shall be governed by the following sections. 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 Cateqories" of general leave as outlined below: : There shall be two categories Scheduled Leave: Any leave which one can reasonably forecast or anticipate, i.e. vacation leave, scheduled medical/dental appointments, extended weekends, personal leave, etc. Unscheduled Leave: Any leave that is genuinely of an unanticipated nature, i.e. sick leave, etc. 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 -16- should be made to subm_~ requests two weeks prior ~o 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": Depending on the status of the employee, the amount of general leave accrued shall be as denoted in the appropriate section below: Full-Time Employees: Each full-time employee in the competitive service shall accrue general leave for each bi- weekly 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 bi-weekly 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 one (1) month of service, except as noted in Section 10. The bi-weekly period shall coincide with the payroll period established by the City Council. Length of Service Leave Accrued Each Bi-Weekly Period Beginning with the first month of service through the fifth year (60th month) 6.15 Hours Following the fifth year through the tenth year (61st month - 120th month) 7·08 Hours Following the tenth year (121st month) 7.69 Hours Employees Scheduled to Work 20 - 40 Hours Per Week: For employees in the 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. Management Employees: Management employees subject to the provisions of the Personnel Ordinance shall accrue general leave for each bi-weekly 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 bi-weekly 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 one (1) month of service, except as noted in the Section 10. The accrual shall be in accordance with the following schedule: Length of Service Leave Accrued Each -17- Bi-~,:~ekly 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 employee 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 sick leave 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: 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.) An employee's dental, eye, or other physical or medical examination or treatment by a licensed practitioner. 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 ReDortinq": 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: -18- The request ~s in writing, stating the reason for the advance; 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 an 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 of 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. Section 14. "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. 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 he 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 -19- within a reasonable tL..._- after notice, shall be dt~med 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. 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. "Resiqnation": 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 rejection, suspension, demotion, dismissal, or other disciplinary action. PASSED, APPROVED AND ADOPTED this 13th day of November, 1990. AYES: NOES: None. ABSENT: None. Councilmembers Hegarty, Jeffery, Snyder, Vonheeder, and Mayor Moffatt. -20-