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Resolution 1977-24 ~ .. . e :'- RESOLUTION NO. 77 -2" RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING PERSONNEL RULES AND REGULATIONS. WHEREAS, the existing Personnel Rules and Regulations of the City of Gilroy were initially adopted on July 15, 1963 and have been amended since that date to update specific sections and ~VHEREAS, the existing Personnel Rules and Regulations have been revised, discussed and reviewed by the various employee or- ganizations, the department heads, Personnel Commission, interested individuals in the field of Labor and Council Members. A copy of said revised Personnel Rules and Regulations as shown on Exhibit "A" attached hereto and by reference made a part of this resolu- tion. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Gilroy that the Personnel Rules and Regulations as shown on Ex- hibit "A" attached hereto be adopted and all resolutions previously adopted pertaining to the existing Personnel Rules and Regulations be rescinded. PASSED AND ADOPTED this 7th day of March 1977, by the following vote: AYES: COUNCIL MEHBERS: DeBELl.., LINK, PAT'G and D1P1"PP1. NOES: ABSENT: COUNCIL MEMBERS: STOTTT COUNCIL MEMBERS: CHILDERS and ~OODRICH APPROVED: ATTEST: <?J2-td tMnu) City (~t:::i:~ erk RESOLUTION NO. 77- 24 e e EXHIBIT "A" CITY OF GILROY - PERSONrmL DIVISION PERSONNEL RULES & REGULATIONS Adopted by City Council Resolution No. 77-21 Date: ~arch 7, 1977 To: The City of Gilroy Employees, Commissioners, City Council, and other interested individuals. This document has been prepared to incorporate procedures and benefits in governing the personnel activities of this City as a supplement to the Gilroy City Code, Section 17, and the Gilroy City Charter, Article X. e e CITY OF GILROY r1AYOR Norman B. Goodrich CITY COUNC I L Councilman George T. Duffin., Councilman William E. Childers Councilman Dennis L. DeBell Councilman r'1arion T. Link Councilman John E. Pate Councilman David V. Stout PE~SONi~EL cor'1rlISSION Chairman Calvin R. Ashford Vice Chairman William M. McIntosh Commissioner Donald M. Gallagher Commissioner Larry M. Connell Commissioner Gonzalo Steve Valencia CITY ADMINISTRATOR Fred O. "lood PERSONNEL DEAPRTMENT Personnel Director Cecil A. Reinsch Personnel Clerk Leana S. Vogel , ' e e TABLE OF CONTENTS Page SECTION I -- THE CLASSIE'ICATION PLAN 1 A. Nature of Classification Plan B. Maintenance of the Classification Plan C. Discrimination Policy 1 1 2 SECTION II -- THE PAY PLAN 3 A. Natere of Pay Plan 3 SECTION III -- RECRUITMENT, SELECTION AND APPOINTMENT TO THE COMPETITIVE AND GENERAL SERVICE 4 A. Examination Announcements B. Application for Examinations C. Competitive Examinations D. Residency E. Eligible Lists F. Appointments from Eligible Lists G. Probationary Period H. provisional Appointments I. Transfers J. Promotional Lists K. Open Competitive Lists L. Re-Appointments M. Temporary Appointment 4 4 4 5 5 6 6 7 7 7 8 8 8 SECTION IV -- SEPARATIONS AND DISCIPLINARY ACTIONS 9 A. Resignations 9 B. Terminations 9 C. Layoffs 9 D. Dismissals, Suspensions, Demotions and Written Reprimands 9 E. Retirement 11 F. Disability 11 G. Employment Application Misrepresentation 11 H. t';.3ture of Disciplinary Action 11 SECTION V -- CAUSES OF REMOVAL, SUSPENSION, OR DEMOTION 12 SECTION VI -- LEAVE OF ABSENCE 13 A. Sick Leave for Job Connected Injury B. Emergency Leave C. Bereavement Leave 13 13 13 e e D. Court Duty E. Holidays F. Administrative Leave G. Leave of Absence tUthout Pay H. Unauthorized Absences I. Pregnancy Leave 13 14 14 14 14 14 SECTION vt! -- SPECIAL PROCEDURES AND RECORDS 15 A. Employee Welfare B. Employee Training and Evaluation C. Personnel Records D. Payroll Checking E. Service Awards F. Fingerprints G. Financial Responsibility H. Medical Examination I. Suggestion Plan J. Grievance Procedure 15 15 15 16 16 16 16 17 17 17 SECTION VIII -- MISCELLANEOUS PROVISIONS 19 A. Appointments to the General Service 19 B. Break in Service 19 C. Seniority and Pay Status as a Result of Break in Service 19 D. Outside Employment 19 SECTION IX -- FRINGE BENEFITS 20 A. Overtime B. Standby C. Education Incentive D. Uniform Allowance E. Health Insurance F. Life Insurance G. Meals H. Membership in Service or Fraternal Organizations 20 20 21 21 22 22 23 23 e e PERSONNEL RULES AND REGULATIONS SECTION l: THE CLASSIFICATION PLAN The classification plan is, in effect, an occupational inventory of the positions in the City Service. It is a fundamental tool of personnel administration since it makes possible standardization of class titles for purposes of personnel record keeping, examining, pay administration, and related personnel administrative objectives. A. NATURE OF CLASSIFICATION PLAN. The classification plan can be summarized as follows: 1. A grouping into a single class, with a common class title, of all those positions which are essentially similar with respect to the nature of the work performed, and which are of approximately equal difficulty and responsibility. 2. Written class specifications containing, in addition to a descrip- tive title for each class of position, a description of the nature of work included in the class and qualifications. Class specifi- cations do not restrict the assignment of duties to an employee in any way. HOltleVer, assignment of a substantial volume of higher grade or lower grade duties to an employee over a period of time may result in a reclassification of the employee's position. Class specifications are of considerable value in supplying system- atic, authoritative, information in connection with the following procedures: a. Prep~ring public announcements of examinations. b. Dev~loping appropriate examinations. c. Comparing classes with each other and with outside classes in making comparisons for establishing appropriate pay rates for positions. B. MAINTENANCE OF THE CLASSIFICATION PLAN. As the classifi~ation plan is intended to fit each employee's position into its place in an overall occupational inventory, it is necessary that it be adjusted from time to time to reflect changes in assignment of duties made to employees by administrative officials, or have been brought about by changes in methods of performing work. Such adjustments must be made as their need is indicated, and in accordance with the following procedure: 1. As new positions are created, the Director of Personnel shall classify them on the basis of their duties and responsibilities. ~fuen the position is appropriate for allocation to one of the established classes in the classification plan, the classification action of the Director of Personnel will be final subject to the approval of the City Administrator. When a new class of positions is required/to properly classify the position, the Director of (-1-) e e Personnel shall submit a recommendation as to its classification and jOb description to the Personnel Commission after which the Personnel CommissiOn shall submit its recommendation to the City Council for final action. 2. Wnen the duties and responsibilities of a position are changed by administrative assignment of duties, such changes shall be reported in writing to the City Council by the appointing authority. The Council may transmit this report to the Director of Personnel for study. The Director of Personnel shall follow the procedure as outlined in 1., above. C. DISCRIMINATION POLICY. It is the intent of employees, supervisors, and the administration of the City of Gilroy not to discriminate relating to hiring, personnel relations, or work assignments on the basis of race, color, religious creed, national origin, ancestry, sex and age as set forth in Title VII of the Civil Rights Act of 1964 and the State of California Fair Employment Practice Commission guidelines. (-2-) e e SECTION 11: THE PAY PLAN The pay plan is based upon the classification plan and is designed to es- tablish rates of pay for City employees. A. NATURE OF PAY PLAN. The pay plan is set forth by official action of the City Council and provides minimum, intermediate, and maximum pay rates for each class of positions. The pay plan provides, in effect: 1. New appointments shall be made at the minimum of the appropriate pay range. In exceptional cases, the City Administrator, upon approval of the City Council, may approve an appointment in ad- vance of the minimum rate. 2. In case of promotion, the employee shall be paid the minimum step in the appropriate pay range, or a pay step that is not less than 5% more than his current pay rate,. whichever is higher. 3. In case of demotion, the employee's salary must not be in excess of the maximum rate on the pay range appropriate for the class to which he is demoted. 4. In the event of re-employment subsequent to a resignation, an employee's salary will be determined in the same manner as for new appointees. 5. In the event of call back subsequent to a lay-off, the pay rate shall be commensurate to the available position. Call back shall be based upon ability and length of service. 6. No supervisor should receive less than 2~% more than the highest paid personnel he supervises. A supervisor shall be identified as an employee who has direct supervision and responsibilities for the performance of other employees. Supervisors must be recommended by the department head and approved by the City Administrator. (- 3-) e e SECTION III. RECRUITMENT, SELECTION AND APPOINTMENT TO THE COMPETITIVE AND GENERAL SERVICE Appointments to the General and Competitive Service will be filled by the following procedures when not in conflict with the City Charter, or Code. (City Charter Section 1000 and City Code Chapter 17). Recruitment and selection may be summarized as follows: (I) Public announcements of open examinations to fill vacancies. (2) Screening ap- plications to determine qualified persons. (3) Administration of tests to establish eligible lists for employment. (4) Making of appointments in accordance with established procedures designed to assure selection of the best qualified persons available. A. EXAMINATION ANNOUNCEMENTS. Announcement of examinations for positions shall be made by posting notices in public places and such other methods as are suited to obtaining appropriate publicity. Announcements shall set forth the nature of the duties and responsibilities, the qualif- ication requirements, the scope of the examination to be given, the prescribed rates of pay for the position, and any other information deemed pertinent by the Director of Personnel. B. APPLICATION FOR EXAMINATIONS. An application form obtainable at the City Hall will be filled out by all ~pplicants in accordance with the examination announcement. The Director of Personnel shall notify in writing those persons whose applications have been rejected as not qualifying for the examination and shall notify accepted applicants in writing of the time and place of examination. Applications may be rejected for any of the following reasons: 1. Failure of the applicant to show reasonable conformity with the announced requirements for the examinations, such as training or experience. 2. False statements by the applicant on his application with regard to any material facts. 3. Any fraudulent practice by the applicant in connection with any phase of the recruitment and selection procedure. 4. Physical unfitness of the applicant with respect to the require- .ments of the position. 5. Unsatisfactory police record of the applicant. Conviction of a crime related to the position shall disqualify the applicant unless satisfactory evidence is presented to show that the appli- cant's conduct over a considerable period of time since the offense, has been beyond reproach. Acceptance of applications under these conditions shall be subject to the approval of the Personnel Commission. C. COMPETITIVE EXAMINATIONS. The relative merit of applicants for appoint- ment or promotion shall be determined by competitive examination. Com- petitive examinations shall include any or all of the following factors: (-4- ) e e education, experience, knowledge, skill, special aptitude, general adaptability, personality, character, physical fitness, and such other qualifications as are necessary for the satisfactory performance of work in the classification for which the examination is being given. Examinations shall be administered fairly to all participating applicants, and the identity of applicants shall not be revealed in written exam- inations until after the passing score has been determined. Prior to examinations, applicants shall be required to show proof of identity and/or special skills as required for the position. Promotional examinations shall be limited to employees with permanent status who have completed the probationary period successfully and who meet the established minimum requirements for the position being recruited. Promotional examinations will be conducted when there are an appropriate number of qualified candidates including consideration of the discrimination policy. Examinations shall consist of written tests, performance tests, eval- uation of qualifications, interviews, physical examinations, background review of any combination of the foregoing as required by the class- ification. D. RESIDENCY. Employees are encouraged to live within the corporate limits of Gilroy so they can better respond to emergency situations that may arise and so they can better share the community programs and problems on a personal and family basis as well as a professional basis. E. ELIGIBLE LISTS. Applicants passing examinations shall be ranked on an eligible list in categories of "outstanding", and "satisfactory". All applicants, including those failing the examination, shall be no- tified of their test results and those placed on the eligible list will he notified of their rank. All eligible lists shall remain in force for one (1) year, unless ex- hausted before that time. An eligible list may be extended by the Personnel Commission on recommendation of the Director of Personnel and the appointing authority for an additional year. An applicant who has successfully passed the competitive examinations as outlined in Section III C, will be placed on the eligibility list. An eligible list shall be deemed exhausted when there are four or less names on the list and the appointing authority declines to make a selection from such a list to fill an existing vacancy. Upon approval of the Personnel Commission, a list may be declared exhausted, at any time, upon written statement with supporting reasons from the appointing authority. The name of the eligible shall be removed from an eligible list for any of the following reasons: (-5-) e e 1. Request, in writing, by the eligible for removal. 2. Inability to locate the eligible within a calender week's time by certified mail, return receipt requested. 3. Waiver three times by the eligible of offers of certification. 4. Establishment of any of the reasons for rejection of application as set forth in Section III B, of these rules. F. APPOINTMENTS FROM ELIGIBLE LISTS. To initiate action for an appoint- ment, the Department Head shall originate the appropriate personnel requisition form which, upon approval by the City Auditor as to avail- ability of funds and upon approval by the City Administrator, shall be forwarded to the Director of Personnel who shall furnish the appro- priate eligible lists. The Department Head shall have a choice of all applicants in the "outstanding" group to fill the vacancy. If an appoint- ment cannot be made from the "outstanding" group, the Department Head will so inform the Personnel Director in writing stating the reasons for non-appointment. Then the Department Head can select from the "satisfactory" list. The Department Head shall notify the City Admin- istrator of his selection. The City Administrator, after reviewing the Department Head's recommendations, may make the appropriate appointment. The selectee shall be directed to report to the Personnel Office for appointment processing on the first day of duty. G. PROBATIONARY PERIOD. An appointment made from an eligible list or pro- moted to a different classification shall be subject to a probationary period of six months except the Fire and Police rated personnel which shall be twelve months subject to a Department Head action as set forth hereinafter. Upon recommendation of the City Administrator, the Per- sonnel Commission may extend the probationary period for any particular employee for an additional six months period, subject to Council review. The Department Head, prior to the completion of an appointee's probation period, shall recommend either probation extension, permanent status, or termination, in writing, to the appointing authority. Upon approval of the City Administrator, an employee may be removed at any time during their probationary period upon written recommendation by the Department Head. Reason for such recommendation shall be given by the Department Head to the City Administrator. The Director of personnel, upon approval of the City Administrator, may reinstate to the eligible list any probationary employee whose service has been ter- minated if there appears to be adequate basis for anticipating that the employee might render satisfactory service in any other department which, in the future, may make use of the eligible list. The name of such an eligible shall be omitted from future certifications to the same department. An employee who is compensated at an hourly wage or part-time basis will have a continuous probationary period while employed by the City in that capacity. (-6-) e e H. PROVISIONAL APPOINTMENTS. When an eligible list for a particular class- ification is not available, provisional appointments, at an hourly wage for a period not to exceed 90 days, pending examination, may be made by the appointing authority. Such appointments shall be reported by the Director of Personnel to the Personnel Corrmission at its regular meetings. If, in the opinion of the Commission, any provisional appointment is not justified, it may so report to the City Administrator and to the City Council, including any recommendations deemed appropriate. The City Council may disaprove further continuance of such appointment. Provisional appointees shall be selected from applicants for the po- sition who meet the minimum qualification requirements for the position. Provisional appointees desiring permanent status must participate in recruitment for that position. If finally appointed to permanent status the probationary period shall commence from the date of the provisional appointment. Participation in sick and vacation leave credits commence upon appointment as provisional employees. Other fringe benefits, and period pay increases shall commence when appointed to permanent status. I. TRANSFERS. Any employee who has completed their probationary period and desires to transfer to a position in the same or different class- ification in another department or division, must apply in writing and will be required to participate in written examinations and/or inter- views. The appointing authority will finally determine if the employee's transfer is in the best interest of the City. Placement on the estab- lished salary range will be in accordance with the employee's ability to perform the new duties. J. PROMOTI0NAI~ LISTS. If there is a promotional list appropriate for filling a vacancy, such list shall be utilized before the.open com- petitive list may be used. If there are four or less eligibles on the promotional list and the appointing authority declines to make an appointment, then with proper written justification, the list can be abolished by the Personnel Commission and a new list established. When no promotional list is available to fill a vacancy, recruitment examinations shall be held to establish such a promotional list un- less there is not an appropriate number of qualified candidates, in- cluding consideration of minorities and sex, then, an open recruitment will be conducted. 1;~hEm an employee who has been appointed on a promotional basis does not satisfactorily complete their prObationary period, they shall be reinstated to their previous classification, salary range, and step unless their performance justifies termination. If their previous classification has been filled, then the person filling the position must return to their prior position and so forth until the most re- cent individual hired, to fill the vacancy caused by the promotion, returns to the appropriate eligible list and waits for the next open position for appointment. When an employee's position, over a period of time, increases in difficulty and responsibility by assumption of additional and pro- gressively more difficult duties, the Personnel Commission may (-7-) e e recommend to the City Administrator, or the Council, a higher class- ification for the position and a corresponding merit. system status for the employee without competitive promotional examination provided that the Personnel Commission makes the determination that the best interests of the City would be served by such action. K. OPEN COMPETITIVE LISTS. When a vacancy cannot be filled by use of a promotional list, the open competitive eligible list shall be used for the vacancy filled by provisional appointment. L. RE-APPOINTMENTS. An employee who resigns within one (1) year may be re~appointed to the same classification upon recommendation of the de- partment head from which the employee resigned and the approval oj the appointing authority. No such person shall be re-appointed if there is a promotional list in effect for which the re-appointment is sought. The re-appointee will be Subject to a probationary period and placement on the salary range and benefit schedule in the same manner as new appointees. M. TEMPORARY APPOINTMENT. A full time employee may be assigned on a temporary basis to an open position in a different established class- ification by written recommendation of the department head and approved by the appointing authority. The temporary appointee must participate in the established recruitment procedures before the position becomes permanent. (-8-) e e SECTION IV: SEPARATIONS AND DISCIPLINARY ACTIONS In the normal course of events, each employee becomes separated from the service of the City. As separations are sometimes connected with disci- plinary action, the two subjects are treated together in this section. A. RESIGNATIONS. An employee who resigns his position shall give two weeks advance notice of his intention. Failure to give advance notice may cause the employee to forfeit his rights to re-appointment as set forth in Section III. Resignations must be in writing and filed with the Director of Personnel. Absence without justifiable reasons for three consecutive working days shall constitute automatic resignation. B. TERMINATONS. The employment of the employee, paid on a part-time hourly basis, s6ZVing a provisional appointment, or during the probationary period, may be terminated without right of appeal at any time on reco~ mendation of the Department Head with approval fo the City Administrator. Employees serving on a promotional probationary basis when terminated will have the right of appeal. C. LAYOFFS. Any city employee in the competitive service may be separated from his employment for an indefinite period because of a lack of work, lack of funds, abolishment of position, or other similar causes. Such action shall be designated as a layoff and shall entitle the laid-off employee to be placed on the re-employment list for their position class- ification. Layoffs shall be governed by seniority in service within a particular department and/or division; that is, an employee being laid off shall be that employee with the lowest seniority and ability to perform the job in the particular department inVOlved. Re-employment from layoffs in a particular department shall be in the reverse order in which the layoffs occurred in that department subject to the _ person's ability to per.form the duties of the position. Any position may be abolished by the City Council and should such an abolished position be reinstated or any position involving substantially the same duties be created or filled within one year, the laid-off employee shall be en- titled to re-employment in accordance with the rules governing layoffs. If there is a class of positions of a lower rank and in the same pro- motional line as the class of positions from which the layoff is made, the appointing authority shall demote the employee schedule for layoff to a position in such lower ranking class of positions. The employee with the lowest seniority, occupying such lower ranking position, may in turn be laid off or demoted in the same manner to the end that the last person employed in the lowest ranking class of position may be the person laid off. D. DISMISSALS, SUSPENSIONS, DEMOTION, AND WRITTEN REPRIMANDS. Dismissal powers are vested by the City Charter in the City Council and the appointing authority. In accordance with Section 1003 of the Charter, the fOllowing procedures are established relative to dimissals and with (-9-) e e respect to the related subjects of suspension without pay and demotion. Reasons for dismissal are set forth in Section V of these rules. Em- ployees appointed on a provisional, hourly, probationary, or a tem- porary basis are subject to dismissal without hearing. Therefore these provisions do not apply to them. See Section IV 1. An employee subject to a written reprimand, a suspension, a de- motion, or a removal from his position, has the right of appeal to the Personnel Commission in the manner as set forth herein. Such employee shall be furnished by the appointing authority, not later than five working days after said dismissal, suspension, de- motion, or written reprimand, a written statement in itemized form of the reasons therefore, a copy of which shall be furnished to the director of Personnel. If such statement cannot be given per- sonally to the employee, it shall be forwarded by Certified Mail to the last known address of the employee. The employee shall have ten days from the receipt of the statment of discharge, sus- pension, demotion, or written reprimand to file an appeal with the City Clerk who shall forward such appeal to the Director of Personnel. The Personnel Commission shall commmence a hearing thereon at their next meeting if requested in writing by the em- ployee. Hearing may be conducted informally and the rules of evidence need not apply. The hearing shall be conducted in an orderly manner with a view to the presentation of all material facts so that a fair and impartial decision may be made. The Chairman of the Commission shall have full authority at all times to maintain orderly procedure and to restrict the hearing to facts relevant to the complaint. In hearing the appeal, the Commission shall require the appointing authority to place his accumulated written evidence before them first, followed by the case of the appellant. Both sides may be entitled to counsel if they so desire. The appellant shall bear expense of his/her counsel. Written findings and conclusions together with such recommendations and decision as it shall deem proper shall be transmitted within ten days after the close of. the hearing by the Personnel Commission to the appointing authority or the employee who shall have ten days from receipt of the dec~sion of the Personnel Commission to file an appeal with the City Clerk who shall forward said appeal to the City Council for their review.. At its first regular meeting after appeal has been received by the City Clerk, the City Council shall, in closed Personnel Session, review the record, findings, conclusions, and recommendations of the Personnel Commission and may, at its option, request such further evidence as the Council deems necessary. The Council shall, within 21 days after commencing its review of the Personnel Commission proceedings, make a final decision adopting, modifying, or reversing the conclusions of the Personnel Commission and may make and sub- stitute such other final decision or determination as it may deem just and proper. (-10-) e e ~. Vacancies created under this section may be filled by the appoint- ing authority by provisional appointment pending the completion of any proceedings taken hereunder. E. RETIREMENT. All full-time employees shall retire as set forth in the requirements of the established retirement plan. The provisions of this subsection shall not apply to persons employed for a special or temporary purpose. Employees retiring under these provisions. or other conditions approved by the City Council, may be presented with an appropriate gift which shall not have a purchase price in excess of fifty (50) dollars. F. DISABILITY. An employee may be separated for disability when a chronic or frequently recurring mental or physical condition renders him/her inefficient or incapable of performing the duties of the position. Pro- cedure for effecting such a separation shall be as follows: At the written request of the appointing authority, the Director of Personnel may require an employee to submit to a medical examiner designated by the City and, if the results of the examination indicate that the em- ployee is unable to perform duties, the employee shall be placed on a temporary leave of absence not to exceed 60 days preliminary to disability retirement or disability separation providing, however, that temporary leave of absence may be extended at the discretion of the appointing authority. G. EMPLOYMENT APPLICATION MISREPRESENTATION. An employee may be separated by disqualification; that is, for failure to meet conditions specified or for falsification of the employment application. H. NATURE OF DISCIPLINARY ACTION. In addition to dismissal covered in this section, a disciplinary action shall consist of demotion, suspension, or written reprimand. A suspension is a temporary, without pay, status levied as a penalty for an offense where the cause is not sufficiently grave for dismissal. Any suspension which results in the affected employee having a total suspended time in excess of 15 calender days, shall constitute a dis- missal and shall be Subject to the usual dismissal procedure. A suspension must be approved by the appointing authority. The procedure for effecting a demotion or suspension is set forth under procedures for dismissals. A reprimand may be issued by the Department Head, or the designated representative, to an employee for an offense not serious enough for suspension, demotion, or dismissal. A reprimand may be given orally or in writing. The Supervisor is required to keep a written log of all reprimands. If the reprimand is issued in writing, a copy shall be forwarded to the Director of Personnel for inclusion in the em- ployee's personnel file. The employee is entitled to representation, at his/her own expense at conferences with supervisors when disciplinary action is being taken. (-11-) e e SECTION V. CAUSES OF REMOVAL, SUSPENSION, OR DEMOTION Malfeasance, misconduct, incompetence, and/or inefficiency as used in Section 1003 of the City Charter shall include, but not be limited to, any of the following: A. Conviction of a felony or a misdemeanor involving moral turpitude. B. Conduct unbecoming an officer or employee of the City, either on or off duty. Officers or employees shall be governed by the ordinary and reasonable rules of behavior observed by law-abiding and self- respecting citizens and shall commit no act either on or off duty tending to bring reproach or discredit to the City. C. Violation of any lawful official regulation or order or failure to obey any proper direction made and given by a superior officer. D. Report for duty or being on duty under the influence of any in- toxicant, drugs, or absenting oneself from duty or rendering oneself unfit to perform fully one's duties for reasons attributable to, or produced by, indulgence in intoxicants or drugs. E. Offensive conduct or obscene language in public or towards the public, city officials, or employees, either on or off duty. F. Documented incompetency or inefficiency in the performance of required duties. G. Carelessness or negligence with the moneys or other property of the City, or appropriating for their own use any property of the city, or loaning, selling, or giving away such property without legal authorization. H. Using or attempting to use political influence in securing promotion, leave of absence, transfer, change of rate of pay, or character of work. I. Inducing, or attempting to induce, an officer or employee in the ser- vice of the City to commit an unlawful act or to act in violation of any lawful departmental or official regulation or order. J. Taking for personal use from any person a fee, gift, or other valuable thing in connection with the official work. K. Employees shall not, while on duty, take an active part in any political campaign in behalf of any candidates, or seek signatures to any petition seeking to advance the candidacy of any person for any office or attempting to influence the vote of another employee for or against any candidate. L. Willfully, or corruptly, making any false statements, certificates, marks, ratings, or reports, or in any manner committing or attempting any fraud in connection with the examination process. (-12- ) e e SECTION VI. LEAVE OF ABSENCE A. SICK LEAVE FOR JOB CONNECTED INJURY. An employee's sick leave will be affected when he is injured on the job and is unable to work as follows: 1. Public Safety, as defined by P.E.R.S. (Public Employees' Retire- ment System), employees shall be granted sick leave as per Public Law provisions. 2. All other employees will be allowed thirty days sick leave before any deductions from accumulated sick leave, if any. 3. All employees will be required to deposit their State Compensation check with the City to receive full pay for the above benefits. 4. Upon depletion of the above benefits, the employee can receive either the State Compensation benefits and the difference equal to full pay with appropriate deductions from accumulated sick leave or full pay with appropriate deductions from accumulated sick leave and deposit the State Compensation with the City. 5. Upon depletion of the sick leave, and/or other benefits available, the employee will receive the State Compensation benefits and be :t:laced upon a Leave of Absence without pay. B. EMERGENCY LEAVE. An employee may be granted emergency leave by the Delfax:tment Head up to, but not to exceed, five days to care for sick dependents. Dependents will include, spouse, children, or other relatives presently living with the employee. The employee is given the option of deducting this leave from either his accumulated sick leave or his earned vacation. C. BEREAVEMENT LEAVE. 1. Members of the Police and Fire Departments may be granted up to five days bereavement leave by the Deaprtment Head for the passing of any relative if they had been living with the employee at the time of death, or husband, wife, child, mother, father, brother, sister, grandmother, grandfather, mother-in-law, or father-in-law. The employee is given the option of deducting this leave from either his accumulated sick leave or his earned vacation. 2. All other City employees shall be entitled to 24 hours (three days) bereavement leave per year in the event of a death in the immediate family or household. Immediate family shall be limited to the employee's mother, father, brother, sister, spouse, child, step-father, step-mother, step-child, father-in-law, or mother-in-law. D. COURT DUTY. Employees who are summoned for jury duty will be excused from work but must present written proof of the jury duty to his su- pervisor with a copy to the Personnel Director. The summoned employee shall have a choice of receiving full pay while on jury duty but must reimburse City for any jury duty compensation received or he may keep the jury duty compensation and not receive City pay for time away from (-13- ) e e work. The above jury duty compensation reimbursable to the City does not include travel, meals, or lodging. E. HOLIDAYS. The legal holidays observed by the City shall include New Year's Day, Lincoln't Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Admission Day, Veteran's Day, Thanksgiving Day, day following Thanksgiving, Christmas Day, and one personal leave day. When a regular holiday falls on Sunday, the following Monday shall be granted as a day off, and when a regular holiday falls on Saturday, the preceding Friday shall be granted as a day off. The Police Department personnel, excluding the policy chief, deputy chief, clerk matron, clerk typists, and cadets, will be paid for holidays in lieu of the day off at the rate of 4.63% of the basic salary per month. Fire Department personnel, excluding the fire chief and clerk typists, will have the option of taking time off for each holdiay at the rate of sixteen (16) duty hours per holiday, cr payment of 5.84% of the basic salary per month. F. ADMINISTRATIVE LEAVE. The employees of the management group shall receive five (5) days of additional leave annually which must be used prior to July 1st of each year. G. LEAVE OF ABSENCE ~HTI-lOUT PAY. A leave of absence without pay may be granted to an employee who is required by medical authorities to ex- tend sick leave or necessary to extend vacation leave beyond accumulated benefits. Said leave will constitute a break in service and must be recommended by the appropriate department head and approved by the City Administrator. (See Section VIII). The employee on a leave of absence without pay may continue medical and life insurance upon his/her payment of all premiums. Uniform allowance, auto allowance, retirement credit, seniority in the pay plan, sick leave credit, vacation credit and other fringe benefit credit shall not accumulate during the leave of absence. Accumulated seniority prior to the leave of absence will not be lost. H. UNAUTHORIZED ABSENCES. A leave of absence without justifiable reasons for three (3) consecutive working days shall constitute automatic resignation. (See Section IV). 1. PREGNANCY LEAVE. A female employee will be granted leave for pregnancy involving miscarriage, childbirth, or recovery therefrom. A leave with pay will be governed by accumulated sick leave and/or vacation benefits. A leave without pay will be governed by the section "Leave of Absence without Pay" (See Section VI). Said leave will be for a reasonable length of time not to exceed 90 calender days. Other employees will be granted leave to care for dependents as set forth in Emergency Leave (See Section VI). (-14-) e e SECTION VII. SPECIAL PROCEDURES AND RECORDS A. EMPLOYEE WELFARE. (The provisions of this paragraph are intended to be only a summary of current administrative policy). It shall be the ~oLicy of the City to maintain satisfactory and healthful working con- ditions for all employees. It will be the policy of the City to give every encouragement possible to employees to avail themselves of the approved group medical and dental plans. All eligible employees, as set forth in the retirement plan, shall be contributing members of the retirement system to which the City shall contribute, as provided by ordinance, its proportionate share to permit voluntary retirement in accordance with the rules of the system. B. EMPLOYEE TRAINING AND EVALUATIONS. It is the policy of the City to encourage and facilitate a program of training and evaluation in the interests of the employee efficiency and as an aid to qualifying e~ ployees for advancement. The Director of Personnel, in coordination with the appropriate Department Heads, shall take the following steps to develop and facilitate programs of training: 1. Inform employees regarding possibilities of advancement in their fields of work, and sugest any additional training of value. 2. Work with Department Heads in developing supervisory training programs. 3. Promote employee training programs sponsored by educational in- stitutions for the area. 4. Record the completion of training courses on the employee service record. 5. Departments shall make monthly evaluations on each probationary employee and annually on all other full-time employees. Evaluations shall be signed by the evaluator and the employee, with a copy given to the employee. C. PERSONNEL RECORDS. The Personnel Department shall maintain a service record card for each employee showing the original date of employment, the original classification and pay rate of the employee's position, accumulative record of sick leave and vacations, together with any subsequent changes in the status of the employee in the course of his employment with the City. In addition, a personnel file shall be main- tained for each employee in which is placed copies of forms and other records affecting the personnel status of the employee. At the time of an employee's separation from service, the service record card will be placed in his personnel files and the file transferred to an inactive file which shall be kept for at least ten (IO) years. Employees have the privilege of reviewing their personnel file in the presence of a representative of the Personnel Division. (-15-) e e D. PAYROLL CHECKING. All payrolls drawn for classified personnel shall be certified by the Director of Personnel prior to approval by the City Auditor. Certification by the Director of Personnel shall establish that the persons whose names appear on the payroll are those who have been given duly authorized appointments in accordance with the appropriate personnel laws, rules, and regulations that correct class titles and rates of pay are observed for all positions. E. SERVICE AWARDS. It shall be the policy of the City to provide a system for rewarding continuous service to the City by the employees of the various departments by awarding pins and such other awards as herein provided. The employees will be given a choice of either a tie tac, tie clasp, lapel pin, lapel button, or bracelet, and at 25, 30, 35, or 40 years of service, the emblem can be placed on a watch band or any of the other mentioned choices. The emblems are awarded as follows: 5 Years of Service - l4K gold emblem on selected jewelry. 10 Years of Service - l4K gold emblem on selected jewelry with one (1) 2 pt. diamond. 15 Years of Service - l4K gold emblem on selected jewelry with two (2) 2 pt. diamonds. 20 Years of Service - l4K gold emblem on selected jewelry with three (3) 2 pt. diamonds. 25 Years of Service - Watch and l4K gold emblem on watchband or selected jewelry with four (4) 2 pt. diamonds. 30 Years of Service - l4K gold emblem on watchband or selected jewelry with one (1) 12 pt. diamond. 35 Years of Service - 14K gold emblem on watchband or selected jewelry with one (1) 14 pt. diamond. 40 Years of Service - l4K gold emblem on watchband or selected jewelry with one (1) 16 pt. diamond. These awards shall be presented by the Mayor at appropriate ceremonies. It shall be the duty of the Director of Personnel to notify the City Administrator of the need for purchase of these awards as necessary. F. FINGERPRINTS. Fingerprints shall be taken of all new employees. The records of any employee who fails to give their complete conviction record at the time of application shall be submitted by the Director of Personnel to the City Administrator for decision as to whether or not the employee should be retained. G. FINANCIAL RESPONSIBILITY OF EMPLOYEES. An employee will be subject to termination if the City is served with two collections at the same time. (-16-) e e H. MEDICAL EXAMINATION. Any appointment to the City Service shall be sub- ject to a medical and physical examination conducted by the City's medical examiner. Prior to their appointment, any employee or applicant may be required to take and pass a medical and physical examination whenever in the judgment of the appointing authority the best interests of the City require such examination. Employees who, in the opinion of the medical examiner, are physically incapable of meeting normal work requirements of their positions may be assigned to a classification of work for which they are suitable, or may be separated for physical disability. Employees eligible for normal retirement must successfully pass an annual physical exam~nation~ I. SUGGESTION PLAN. It shall be the duty of the Personnel Director to institute a program designed to enocurage the participation of em- ployees in the improvement of the efficiency and economy of the operations of City departments. Such ,a. program. should consist. of a suggestion systeM in which employees would outline, in detail, methods of improving service and of economies of operation. The Personnel Commission would act as Review Board on suggestions submitted with the advice of Depart- ment Heads or other consultants, as necessary. Awards would be provided for accepted suggestions based on the value of the proposal and the econ- omies of improvements it provides. J. GRIEVANCE PROCEDURE. The following procedures is to outline the proper channels for vt.::.icing employee complaints or grievances. It is being issued to advise each employee of the proper procedures to follow and assure that his particular problem will be given full consideration. The employee is entitled to have representation at each step of the procedure. All employee grievances shall be in writing, dated, and signed by the employee and presented to his supervisor. The immediate supervisor(s) and each reviewing officer, thereafter shall prepare a written report of the results of their efforts to solve this grievance. The grievance procedure does not apply to dismissals, suspension, de- motion, and written reprimands. (See Section IV). 1. Initially, all employee grievances should be directed to the immediate supervisor for solution. 2. In the event this employee-supervisor meeting does not answer or solve wi thin 10 working days, the employee' s problem or complaint, the supervisor, at the employee's request, shall present the matter to the Department Head. This presentation " . shall be made in the presence of the employee. The employee shall be allowed adequate time to present his/her side of the matter. 3. In the event the matter is not adequately solved, within 10 working days, at the Department Head level, the whole matter, on the same basis, shall then be clearly presented in writing from the employee, the immediate supervisor, and the Department Head, to the City Administrator. 4. If an adequate solution to the, Mtter is not resolved within 10 working days, at the City Administrator level, the employee or the City Administrator shall notify the Personnel Director (-17-) e e who shall gather the written facts and present them to the Per- sonnel Commission at its next regular meeting. The Personnel Commission (in accord with Section 907, subsection d, and section 1003 of the City Charter) shall hear this matter and reports its findings, within 10 working days, to the City Council and/or appointing authority. The action of the City Council and/or appointing authority shall be final subject to wha.tever legal guarantees are available to the employee. Each succeeding level of authority in this procedure shall refuse to hear the matter unless the preceding step of the procedure has been observed. The hearing before the Personnel Commission may be conducted informally and the rules of evidence need not apply. The hearing shall be conducted in an orderly manner with a view to the pre- sentation of all material facts so that a fair and impartial de- cision may be made. The Commission Chairman shall have full authority at all times to maintain orderly procedure and to re- strict the hearing to facts relevant to the complaint. In hearing the appeal, the Commission may require the employee (appellant) to first present his/her grievance; followed by the immediate supervisor for presentation of his/her attempts to re- solve the grievance; followed by the Department Head for pre- sentation of his/her attempts to resolve the grievance; followed by the City Administrator for presentation of his attempts to resolve the grievance. All involved parties may be entitled to counsel if they so desire. The appellant will bear the expense of his/her own counsel. This hearing can be a closed meeting if requested by the employee. (-18-) e e SECTION VIII. MISCELLANEOUS PROVISIONS A. APPOINTMENTS TO THE GENERAL SERVICE. Appointments to positions in the General Service by the Council upon recommendation of the City Admin- istrator shall be made on the basis of merit and fitness using the normal personnel system procedures. Persons employed on an hourly wage or part-time basis and persons employed for a special or temporary purpose or to render occasional professional or expert services shall not receive any personnel system status in such positions. B. BREAK IN SERVICE. A break in service shall occur when an employee is separated from the service by resignation, dismissal, suspension, leave of absence, or layoff. C. SENIORITY AND PAY STATUS AS A RESULT OF BREAK IN SERVICE. A loss of seniority and a loss of status in the pay plan shall occur when a bleak in service occurs as a result of a resignation or a dismissal, unless otherwise governed by Federal or State Legislation. No status in-'seniority in the pay plan or in the city retirement plan shall accumulate during a break in service which occurs due to a sus- pension, a leave of absence without pay, or a layoff. Said break in service shall not affect status in seniority or in the pay plan which was accumulated prior to such break in service, D. OUTSIDE EMPLOYMENT. Full time employees of the City may engage in other employment or occupation outside their regular workinq.ho~s if such employment does not interfere with the efficient performance of their duties for the City. Such employment must be approved by their Department Head with a notice of such approval forwarded to the Director of Personnel to be filed in the employee's personnel folder. Such approval for outside employment may be revoked by the Department Head if the efficiency of the employee is being impaired thereby. Such notice of revocation shall be in writing with a copy forwarded to the Director of Personnel for inclusion in the employee's personnel folder. (-19-) e . SECTION IX. FRINGE BENEFITS A. OVERTIME. * 1. It is hereby declared to be the policy of the City that overtime work is to be discouraged. The Department Head shall retain author- ity of reasonably determining, within the best interests of the operation of their respective departments, the extent of amounts of overtime to be accrued and when accrued overtime may be taken off by the employee. Each employee will have the monthly option of accumulating overtime or being paid for the accrued overtime in the next scheduled paycheck. 2. P0Lice Department. All employees within this unit shall be com- pensated at the rate of time-and-one-half for hours in excess of forty (40) hours per week. Employees have the option of taking compensation time off (CTO) at time-and-one-half in lieu of cash payment. All employees shall maintain a minimum of twenty-four (24) hours CTO on the books, with the option of accruing a maximum of forty (40) hours. Any employee called back to work shall receive a minimum of three hours compensation for any work performed, including court appear- ances. Call back, including court appearances, are defined as any time at court or work that does not continue into or after regular duty time. 3. Fire Department. Employees are to be compensated for call back, including fire drills and overtime on a straight time basis with a minimum of bl0 (2) hours computed on a 40 hour work week basis. 4. Other Employees. Any employee who is called back to work after he/she has worked his/her scheduled shift and has departed from his/her place of employment shall be credited with overtime for the time worked or for two (2) hours at the appropriate rate, whichever is greater. B. STANDBY.* 1. Police Department. The employee standing by at their residence or reached immediately by a Gilroy telephone shall be reimbursed at one-half (~) of his regular hourly pay. 2. Public Works Department. Employees assigned to weekend stand-by duty will be paid at ~~e straight time rate of six (6) hours per day for Saturday and Sunday. Time worked will be credited against the stand-by pay and will be paid at the overtime rate. Four (4) *provisions do not apply to the management group. (- 20-) e e hours worked on either day will be determined to equal the stand-by pay and any further hours worked on a given Saturday or Sunday will be paid at the overtime rate. C. EDUCATIONAL INCENTIVE.* 1. Courses must be applicable towards a degree and usable by the particular employee in their employed capacity or for advancement within the City classifications: a. *1% increase for employees completing thirty (30) college semester units, or possession of a Basic Post Certificate. b. *1~% additional increase for employees completing sixty (60) college semester units, or possession of an Intermediate Post Certificate. *Not to exceed 2~%. All course units are subject to approval of the City Administrator with recommendation from the employee's Department Head. 2. Effective July 1, 1976, each supervisor of the Supervisors Units shall be entitled to draw up to $250 for education and training materials, aids, and expenses for attendance at professional con- ferences and/or tuition and fees incurred in the course of atten- dance in any job-related course of instruction at any accredited school. Effective July 1, 1977 $300; and effective July 1, 1978, $350, as authorized by the Department Head, and approved by the City Administrator. D. UNIFORM ALLOWANCE. 1. Uniformed members of the Police Department: a. Initial uniform allowance of $200. b. Police Cadets initial uniform allowance of $150 and an additional $50 if upgraded to Police Officer. c. Two payments of $120 each shall be paid on July 1, and on January 1, for a total of $240 annually. d. Payments shall be prorated @ $20 per month according to entry into Police service. e. Personnel terminating shall reimburse the City for unearned uniform allowance at the rate of $20 per month. f. City will furnish badge, and safety equipment. *Provisions do not apply to the management group. (-21-) e e 2. Uniformed members of the Fire Department. a. Each new employee will receive a class A uniform. b. Each employee will receive a monthly $16 uniform allowance. c. The appropriate employees will receive two sets of turnout gear. 3. Other Employees. a. One pair of safety shoes per year, of a quality equal to the Red Wing, or Sears safety shoe for all employees requesting them who, in the normal course of their duties, lift or carry heavy objects, or who work in, on, or around moving machinery. b. The City shall furnish six shirts and patches per year, of a quality comparable to the J. C. Penney shirt, to employees in the following titles: Public Works Supervisor Public Works Sr. Maintenance Senior Groundskeeper Public Works Maintenance I Custodian I Park Arborist Groundskeeper Aide Groundskeeper I Groundskeeper II Park Supervisor Public Works Maintenance II Custodian II Tree Climber c. The City shall provide, through a laundry service, three coveralls per week to employee~ in the following titles: Sewage Treatment Plant Operator I, Equipment Service Person Equipment Mechanic II, and Supervisor Automotive Mechanic Equipment Maintenance Sup. E. HEALTH INSURANCE. l. Effective July 1, 1976, the City shall contribute $70 per month per employee for health and dental insurance. 2. Effective July 1, 1977 , the City shall contribute $80 per month per employee for health and dental insurance. 3. Effective July 1, 1978, the City shall contribute $90 per month per employee for health and dental insurance. F. LIFE INSURANCE. 1. The City will furnish a life insurance policy with accidental death and dismemberment for each employee in the amount of $5,000. 2. The management group shall recieve a similar policy in the amount of $10,000. (-22-) e . G. MEALS. Public Works, Parks & Recreation, City Hall and oth~r clerical personnel shall be provided a meal if they are required to work ten hours or more in a single day. Subject work must also conform to the overtime approval requirement. H. MEMBERSHIP IN SERVICE, OR OTHER ORGANIZATIONS. The City Administrator will authorize payment up to $50 annually for dues in service or other organizations for members of the management group for the purpose of promoting good public relations for the City. (-23-) '<, e It I, SUSANNE E. STEIN~~TZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 77-24 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of March , 19--27 at which meeting a quorum was present. IN WITNESS vJHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this March , 19-22. 14th day of / @)4J~ ~ ,ef~ 'City Clerk of the City of Gilroy 6-