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HomeMy WebLinkAboutReso 086-87 MgmtLeaveBenefitsRESOLUTION NO. 86 - 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: Administrative Services/Finance Director Assistant to the City Manager Planning Director Public Works Director/City Engineer 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 employees 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": as outlined below: There shall be two categories of general leave 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 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 year (60th month) 14.66 Hours Following the fifth year through the tenth year (61st month - 120th month) 16.67 Hours 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 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: Councils Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: ABSENT: Councilmember Hegarty None ~ity Cker~ ~