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Ordinance 567 - Ordinance No.-iQ2 AN ORDINANCE TO PROVIDE FOR SALARIES AND WAGES AND TO FIX THE WORKING CONDITIONS OF EMPLOYEES AND POSITIONS IN THE CITY OF GILROY, CALIFORNIA AND TO REPEAL ANY PREVIOUS ORDINANCES RELATING TO FIX- ING OF SALARIES AND WAGES AND WORKING CONDITIONS OF EMPLOYEES AND POSITIONS IN THE CITY OF GILROY. WHEREAS it is necessary to authorize, create and establish certain positions and classifications of city empl9yees and to provide for salaries and wages and working conditions, now there- fore, be it ordained by the City C~uncil of the City of Gilroy. SECTION I SHORT TITLE This ordinance shall be known as the Classification and Com- pensation Ordinance. SECTION II DEFINITIONS The words and terms herein defined shall have the following meanings in this Ordinance and in any other Ordinance classifying and fixing the salaries and compensation or authorizing the em- ployment of personnel in any department or office of the City of Gilroy. a. "City service" or "service of the City" means all posi- tions in all departments as herein defined, that are sub- ject to control and regulation by the City eouncil of the City of Gilroy. b. "Class" or "class of positions" means a definitely re- cognized kind of employment in the City service designed to embrace all positions having duties and responsibili- ties sufficiently similar so that the same requirements as to education, experience, knowledge and ability may be demanded of incumbents, and the same schedule of com- pensation may be made to apply with equity. c. "Title", "class title" or "title of class" means the de- signation given to or name applied to a class or to each position allocated to the class. Its meaning is set forth in the corresponding definition and class specification, and it is always to be used and understood in that sense, even though it may previously have had a broader, narrower, or difference significance. d. "Position" means a group of current duties and responsi- bilities assigned or delegated by competent authority, requiring the full or part-time service of one person. e. "Employee" means a person legally occupying a position in the City service. f. "Allocation" means the official determination of the class to which a position belongs or the assignment of a posi- tion to an appropriate class. g. "Reallocation" means a reassignment or change in alloca- tion of a position from one class to another. ~6"1 h. nCompensation" means the salary, wage, allowance and all other forms of valuable consideration earned by or paid to any employee by reason of his service in a position, but does not include any compensation for expenses in- curred incidental to employment. . ~' i. "Continuous service n means employment with the City with- out break or interruption. In computing continuous ser- vice for the purposes of this Ordinance neither military leave of absence nor leaves of absence with pay on account of illness shall be construed as a break in employment or service. An absence because of resignation, dismissal, leave of absence without payor layoff on account of lack of work, lack of funds, or abolishment of positions shall be construed as breaking "continuous service". j. "Anniversary date" means the date an employee begins his current continuous service for those employed after the effective date of the adoption of this Ordinance. For all othericemployees it is the effective date of the adop- tion of this Ordinance. k. "Anniversary year" means the completion of one full year of continuous service from the anniversary date. SECTION III BASIC PAY PLAN a. The salary ranges listed herein are hereby established as a basic pay plan, and are hereby applied to the seve- ral classes of postions as indicated in related resolu- tions. Standard" Salary Hourly Equiva1entJ Steps Range Number of Step A A B C D E 1 0.92 160 170 180 190 200 2 0.98 170 180 190 200 210 3 1.04 180 190 200 210 220 4 1~10 190 200 210 220 231 5 1.15 200 210 220 231 243 6 1.21 210 220 231 243 255 7 1.27 220 231 243 255 268 8 1.33 231 243 255 268 281 9 1.40 243 255 268 281 295 10 1.47 255 268 281 295 310 II 1.55 268 281 295 ~IO 325 12 1.62 281 295 310 325 341 13 1.70 295 310 325 341 358 14 1.79 310 325 341 358 376 15 1.88 325 341 358 376 395 16 1.97 341 358 376 395 415 17 2.06 358 376 395 415 436 18 2.17 376 395 415 436 458 19 2.28 395 415 436 458 481 20 2.40 415 436 458 481 505 21 2.52 436 458 481 505 530 22 2.64 458 481 505 530 556 23 2.78 481 5iO'.~ $]0' 556 584 24 2.93 505 530 556 584 613 25 3.08 530 556 584 613 644 26 556 584 613 644 676 27 584 613 644 676 710 28 613 644 676 710 745 29 644 676 710 745 782 30 676 710 745 782 821 31 710 745 782 821 862 32 745 782 821 862 905 33 782 821 862 905 950 34 821 862 905 950 998 35 862 905 950 998 1048 - b. General adjustments in salary ranges made hereafter by vir- tue of general increases or decrease in salary levels or cost of living in the community shall be made by adjusting classes upward or downward to the appropriate standard sa- lary level herein provided. Where the salary range for a given class or for several classes is revised upward or downward, the employees holding positions in classes af- fected shall have their existing salary adjusted to the same relative step in the new salary range. SECTION IV SALARY ADJUSTMENTS a. Upon the taking effect of this Ordinance, the salary of each officer and employee shall be adjusted to the next higher step in the new salary range for his class above his present rate of pay; provided that no adjustment may be above Step E in any range and provided further that, where the amount of increase resulting from such adjust- ment is less than one-half the difference between the salary steps just below and just above his present salary, then an additional adjustment of one additional salary step shall be made. b. An employee with less than six months service shall be adjusted to the first step of salary range and their con- tinuous service shall be deemed to have started as of the date of their orig~nal appointment. c. An employee with more than six months of continuous ser- vice shall be adjusted to not less than the second step of a salary range and his anniversary date established as of the effective date of the adoption of this Ordtnance. d. If any officer or employee is receiving a salary above St~p E of the range for the new class, his present rate is hereby encorporated as an approved additional rate for the class, but no other employee may be adjusted to it, and the rate shall no longer be in effect after the termination of the employment in that class of the in- cumbent in whose behalf it is authorized. SECTION V ADMINISTRATION OF THE PAY PLAN a. In positions included in the City service, except as otherwise provided in these rules, appointment to any position in any class shall be made at the minimum or A step, and advancements from the minimum rate to the maximum rate shall be made by successive steps in the salary schedule for the class. b. In the event that an employee entering upon City ser- vice is found to possess more than the normal qualifi- cations for a position through former training and/or experience, the City Administrator should submit to the City Council written proof of such qualifications, and the City Council may. then, by minute order, provide that such employee shall enter City employment at a step to be determined by the City Council with the advice of the City Administrator. c. Advancement in the salary rate of an employee from Step A to Step B shall be made on the first day of the next month following the employees completion of six months service in such class. Advancement from Step B to Step C shall be on completion of one years service in Step B. Advancement from Step C to Step D and from Step D to Step E shall be upon completion of one year's service in each step. d. Nothing in this section shall be construed to mean that advancements through the salary steps shall be automatic. Such advancements shall be made in the discretion of the City Council upon the recommendation of the City Adminis- trator and the appropriate department head. Such recom- mendations shall be based upon satisfactory performance by the employee. SECTION VI OVERTIME It is hereby declared to be the policy. of the City that over- time work is to be discouraged. If in the judgment of the City Administrator work beyond the established work week is required he shall report the circumstances to the City Council and he shall not obligate the City to compensate for such overtime in any form or manner except en the specific advance authorization of the City Council. Provided that in case of emergency, to prevent loss of life, damage to property or discontinuance of essential public ser- vice, the appointing authority may authorize such overtime pend-- ing the earliest opportunity to seek approYalyof:a~heuefutyieeuncil. When overtime is authorized, it shall be compensated for at the equivalent of the employee's existing salary or in equivalent time off. Provisions of this section shall not apply to department heads. SECTION VII VACATION a. Every employee who shall have been in the service of the City continuously for one year shall annually be allowed vacation leave of ten (10) working days with pay. b. Every employee who shall have been in the service of the City continuously for ten years shall annually be allowed a vacation leave of fifteen (15) working days with pay. c. Vacation earned in one anniversary year may not be taken during such anniversary year, but must be taken during the next succeeding anniversary year, unless, due to unusual circumstances, the City Council by order entered in the minutes prior to the expiration of such time, authorizes an employee to take such vacation during the second suc- ceeding anniversary year. Any employee who continues in the service of the City after the period in which he must take his vacation, but who elects not to take such vacation forfeits his right to such vacation or payment in lieu thereof. An employee who has completed his first year of continuous City service shall have earned a va- cation with pay for such year of service. d. Vacations shall be taken at the time or times desi~nated by the department head. e. In the event that an employee who has been employed by the City for one year or more is dismissed or resigns from the City service, shall be entitled to receive a payment in lieu of any vacation earned in an anniversary year preceding the date of his dismissal or resignationt but not yet taken or forfeited, pilius vacation earned from his last anniversary date to the date of his dismissal or resignation. No employee shall receive any payment in lieu of vacation while he remains in the service of the City. SECTION VIII The legal holidays observed by the City shall include: New Years Day, Washington's Birthday, Memorial Day, Independence DaYt Labor Day, Veteran's Day, Thanksgiving and Christmas. - SECTION IX SICK LEAVE a. Each City employee, not including extra help, is entitled to one day of sick leave with pay for each calendar month worked on the submission of satisfactory proof to the de- partment head of the necessity for sick leave. For any absences in excess of three days an employee may be re- quired to submit a doctor's certificate showing the need for the sick leave. b. No employee shall be entitled to receive any sick leave with pay until he has been continuously employed by the City for a period of six months. c. Sick leave may be accumulated to a maximum of thirty days. No sick leave with pay may be granted in excess of this amount. SECTION X MILITARY LEAVE On computation of anniversary dates, time served in a parti- cular classification or other rights and privileges granted here- under by virtue of continuous service shall not be deemed to be interrupted by military service either upon indefinite leaves of absence or military service for fixed periods of time relating to annual training programs in the various branches of the armed ser- vice of the United States. Time granted to employees for the pur- pose of attending annual training programs in the various branches of the military service shall not be deemed to be vacation time and employees shall be compensated for the time expended in such training programs at the regular rate for employment in his class- ification and step. Employees recalled to or inducted into armed services for indefinite periods of time, or for training periods ~n excess of fifteen working days shall not acquire rights for sick leave or vacation pay during time served in such service. SECTION XI REPEAL OF OTHER ORDINANCES This Ordinance shall repeal all other Ordinances or parts of Ordinances in conflict therewith. SECTION XII SEPARABILITY If any section, sub-section, paragraph, sentence, clause or phrase of this Ordinance, for any reason, is held to be unconsti- tutional or invalid, such decision shall not affect the validity of the remaining portions or sections of this Ordinance. The City Council of the City of Gilroy, California declares that it would have passed this Ordinance, and each section, sub-section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, sub-sections, paragraphs, sentences, clauses or phrases may be declared unconstitutional or invalid. SECTION XIII This Ordinance, insofar as it appertains to present elective officers of the City of Gilroy, shall take effect at and from the beginning of the term of office of the elective officials of the City of Gilroy next commencing after the adoption of this Ordinance; and as to the appointive officials and employees of the City of Gilroy, it shall take effect from and after the first day of March, 1958. PASSED and ADOPTED this 3 day of March, 1958 by the following vote: AYES: NOES: ABSENT: Councilmen Pate, Gallo, Rush, Sanchez, Petersen, and Wentworth Councilmen none Councilmen none APPRO~~ M A (J/~/ Y 0 R ATTEST: ~J fa- tv G. B. CARR, CITY CLERK