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Resolution 1981-63 "=' .~ . . RESOLUTION NO. 81-63 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING REVISED PERSONNEL RULES AND REGULATIONS. WHEREAS, after study, the Personnel Commission and staff has prepared and recommended adoption of the attached Personnel Rules and Regulations for the 'City of Gilroy, and good cause appearing therefor, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Gilroy approves the attached Personnel Rules and Regula- tions and adopts the same to define benefits and procedures in governing personnel of the City of Gilroyo PASSED AND ADOPTED this 1st day of June, 1981, by the following vote: AYES: COUNCILMEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: APPROVED: ?/~~ RESOLUTION NOo 81-63 , . , . . EXHIBIT "A" CITY OF GILROY - PERSONNEL DEPARTMENT PERSONNEL RULES & REGULATIONS Adopted by City Council Resolution No. 81-63 Date: June 1, 1981 To: The City of Gilroy Employees, Commissioners, City Council, and other interested individuals. This document has been prepared to incorporate procedures and bene- fits 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. . . CITY OF GILROY MAYOR Norman B. Goodrich CITY COUNCIL Councilman John E. Pate Councilwoman Sharon Albert Councilman Brian D. Cunningham Councilwoman Roberta H. Hughan Councilman Marion T. Link Councilman Robert E. Taylor PERSONNEL COMMISSION Chairman Maryann Mattos Vice-Chairman Larry Connell Commissioner Donald F. Gage Commissioner Ronald C. Mingus Commissioner William M. McIntosh CITY ADMINISTRATOR Fred O. Wood PERSONNEL DEPARTMENT Personnel Director John P. Booth Personnel Secretary Patricia A. Phelps Clerk Judy A. Diaz . . TABLE OF CONTENTS SECTION I THE CLASSIFICATION PLAN Page 1 A. Nature of Classification Plan B. Maintenance of the Classification Plan C. Non-Discrimination Policy 1 1 2 A. Nature of Pay Plan 3 3 SECTION II THE PAY PLAN SECTION III RECRUITMENT, SELECTION AND APPOINTMENT TO THE COMPETITIVE 4 AND GENERAL SERVICE A. Examination Announcements B. Application for Examinations C. Competitive Examinations D. Eligible Lists E. Appointments from Eligible Lists F. Probationary Period G. Anniversary Date 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 6 7 7 7 8 8 A. Resignations B. Terminations C. Layoffs D. Dismissals, Suspensions, and Demotions E. Retirement F. Di sabil ity G. Employment Application Misrepresentation H. Nature of Disciplinary Action 9 9 9 9 10 11 11 11 12 SECTION IV SEPARATIONS AND DISCIPLINARY ACTIONS SECTION V CAUSES OF REMOVAL, SUSPENSION, OR DEMOTION 12 SECTION VI LEAVE OF ABSENCE, VACATION, AND SICK LEAVE 13 A. Vacation B. Sick Lea ve C. Sick Leave for Job Connected Injury D. Emergency Leave E. Bereavement Leave 13 14 . 14 14 15 . . Page F. Court Duty G. Ho 1 i days H. Administrative Leave I. Leave of Absence Without Pay J. Unauthorized Absences K. Pregnancy Leave L. Personal Leave 15 15 15 15 16 16 16 SECTION VII SPECIAL PROCEDURES AND RECORDS 16 A. Employee Welfare B. Employee Training and Evaluation C. Personnel Records D. Payroll Checking E. Service Awards F. Fingerprints G. Financial Responsibility of Employees H. Medical Examination I. Suggestion Plan J. Grievance Procedure 16 16 17 17 17 18 18 18 18 18 A. Appointments to the General Service B. Break in Service C. Seniority and Pay Status as a Result of a Break in Service D. Outside Employment 19 19 19 19 19 SECTION VIII MISCELLANEOUS PROVISIONS A. Overtime B. Standby C. Education Incentive D. Uniform Allowance E. Hea 1 th Insurance F. Life Insurance G . Mea 1 s H. Bil ingual I. Working Out of Classification 20 20 20 21 21 22 22 22 22 22 SECTION IX FRINGE BENEFITS SECTION X CITY ADMINISTRATOR'S MEMORANDUMS AND DIRECTIVES 23 . . PERSONNEL RULES AND REGULATIONS Section 1. 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 objec- tives. A. Nature of Classification Plan. The classification plan can be summarized as fo 11 ows : 1. A grouping into a single class, with a common class title, of all those posi- tions 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 descriptive title for each class of position, a description of the nature of work included in the class and qualifications. Class specifications do not restrict the as- signment of duties to an employee in any way. However, assignment of a sub- stantial 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 systematic, author- itative information in connection with the following procedures: a. Preparing public announcements of examinations. b. Developing 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 classification plan is intended to fit each employee1s position into its place in an overall occupational inven- tory, 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 brought about by change 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. When the position is ap- propriate for allocation to one of the established classes in the classifi- cation plan, the classification action of the Director of Personnel will be final subject to the approval of the City Administrator. When a new class or position is required to properly classify the position, the Director of Person- nel 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. When the duties and responsibilities of a position are changed by administra- tive assignment of duties, such changes shall be reported in writing to the City Council by the appointing authority. The Director of Personnel shall follow the procedures as outlined in 1., above. (1) . . C. Non-Discrimination Policy. It is the intent of employees, supervisors, and the administration of the City of Gilroy not to discriminate relating to hiring, pro- motion, personnel relations, or work assignments on the basis of race, color, religious creed, national origin, ancestry, sex, age, marital status or handicap as set forth in Title VII of the Civil Rights Act of 1964, State of California Fair Employment Practice Commission guidelines, and the Equal Employment Oppor- tunity Commission Guidelines of 1978. (2) . . SECTION II: THE PAY PLAN The pay plan is based upon the classification plan and is designed to establish 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 Coun- cil, may approve an appointment in advance of the minimum pay rate. 2. In case of promotion, the employee shall be placed on the lowest step in the higher pay range which provides not less than 5% more than his current pay rate. 3. In case of demotion~ the employee1s new 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 com- mensurate 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 person- nel 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 ) '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: (1) Public announcements of open examinations to fill vacancies. (2) Screening applications to determine quali- fied persons. (3) Administration of tests to establish eligible lists for employment. (4) Making of appointments in accordance with established procedures designed to as- sure 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 qualification requirements, the scope of the ex- amination to be given, the prescribed rates of pay for the position, and any other ir.formation deemed pertinent by the Director of Personnel. B. APPLICATIONS FOR EXAMINATIONS. An application form obtainable at the City Hall will be filled out by all applicants in accordance with the examination announce- ment. The Director of Personnel shall notify in writing those persons whose ap- plications 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 3nnounced re- quirements for the examination, 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 requirements 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 applicant's conduct over a considerable period of time since the offense has been beyond reproach. Acceptance of applica- tions under these conditions shall be subject to the approval of the Personnel Commission. Applicants shall be requested to complete and submit a form yielding statistical data for Affirmative Action record keeping purposes. The form shall be anonymous and shall be separated from the application form prior to screening of applications, to avoid any possibility of identifying Affirmative Action data with a particular applicant. C. COMPETITIVE EXAMINATIONS. The relative merit of applicants for appointment or promotion shall be determined by competitive examination. Competitive examina- tions shall be designed to reveal the applicant1s skills, abilities, and know- ledge in the task elements of the job. Examination will be directed towards traits or characteristices demonstrably related to actual performance of the job. (4) . . Examinations shall be administered fairly to all participating applicants, and the identity of applicants shall not be revealed in written examination until after the passing score has been determined. Prior to examinations, applicants may 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 only when there are an appropriate number of qualified candi- da tes . Examinations shall consist of written tests, performance tests, evaluation of qualifications, interviews, physical examinations, background review or any com~ bination of the foregoing as required by the classification. 'The City's policy of non-discrimination will be complied with in all hire or pro- motion actions. D. ELIGIBLE LISTS. Applicants passing the examination shall be ranked on an eligi- ble list in categories of "outstanding" and "satisfactory". All applicants, including those failing the examination, shall be notified of their test results and those placed on the eligible list will not be notified of thei r rank. All eligible lists shall remain in force for one (1) year, unless exhausted before that time. An eligible list may be extended by the Personnel Commission on recom- mendation of the Director of Personnel and the appointing authority for an addi- tional year. An applicant who has successfully passed the competitive exam'ination as outlined in Section III-C, will be placed on the eligible 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 support- ing reasons from the appointing authority. The names of the eligible shall be removed from an eligible list for any of the following reasons: 1. Request, in writing, by the eligible for removal. 2. Inability to locate the eligible within a calendar 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. E. APPOINTMENT FROM ELIGIBLE LISTS. To initiate action for an appointment, the De- partment Head shall originate the appropriate personnel requisition form which, upon approval by the City Auditor as to avilability of funds and upon approval by the City Administrator, shall be forwarded to the Director of Personnel who shall Furnish the appropriate eligible lists. The Department Head shall have a choice of all the applicants in the "outstanding" qroup to fill the current (5 ) . . vacancy. If the appointment cannot be made from the "outstanding" group, the Department Head will so inform the Personnel Director in writing stating the reason for non-appointment. Then the Department Head can select from the "satis- factory" list. The Department Head shall notify the City Administrator of his selection. The City Administrator, after reviewing the Department Head's recom- mendations, 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. F. PROBATIONARY PERIOD. An appointment made form an eligible list or by promotion to a different classification shall be subject to a probationary period of six months, except that Fire and Police rated personnel shall be twelve months sub- ject to a Department Head action as set forth hereinafter. Upon recommendation of the City Administrator, the Personnel 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 Ad- ministrator, may reinstate to the eligible list any probationary employee whose service has been terminated if there appears to be adequate basis for anticipa- ting 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 department from which removed. 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, and shall not be eligible for fringe benefits. This provision will not affect indi- vidual employees who receive fringe benefits as a past practice. G. ANNIVERSARY DATE. Upon completion of six (6) months of satisfactory service, with the recommendation of the Department Head, the City Administrator, with City Coun- cil approvel, may authorize an employee's salary to be advanced one step on the salary schedule. For purposes of subsequent step advancement on the salary sche- dule, an employee's anniversary date shall be the date of that six-month advance- ment. For miscellaneous employees only: In the event an employee is reclassified by action initiated by the City, that employee's anniversary date of hire for pur- poses of step advancement shall be his/her original date of hire in the general competitive service. Foy' purposes of layoff or other personnel actions based on seniority, the anni- versary date shall be the date of appointment to the relevant classification or higher classification. H. PROVISIONAL APPOINTMENTS. When an eligible list for a particular classification 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. Upon justification by the Department Head concerned, the City Administrator may extend a provisional appointment to meet a current need. Such appointments shall (6) . . be reported by the Director of Personnel to the Personnel Commission at its re- gular meetings. If, in the opinion of the Commission, any provisional appoint- ment 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 disapprove further continuance of such appointment. Provisional appointees shall be selected from applicants for the position 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 regular status, the probationary per- iod shall commence from the date of the provisional appointment. In such cases, sick and vacation leave credits will accrue retroactively from the date of provi- sional appointment. Other fringe benefits shall commence as of date of regular appointment. Periodic pay increases shall commence when appointed to regular status. I. TRANSFERS. Any employee who has completed his/her probationary period and desires to transfer to a position in the same or different classification in another de- partment or division, must apply in writing and will be required to participate in written examinations and/or interviews. The appointing authority will finally determine if the employee's transfer is in the best interest of the City. Place- ment on the established salary range will be in accordance with the employee's ability to perform the new duties. J. PROMOTIONAL LISTS. If there is a promotional list appropriate for filling a vacancy, such list shall be utilized before the open competitive list may be used. If there are four or less eligibles on the promotional list and the ap- pointing 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 examina- tions shall be held to establish such a promotional list unless there is not an appropriate number of qualified candidates, in which case an open recruitment will be conducted. When an employee who has been appointed on a promotional basis does not satis- factorily complete the probationary period, he shall be reinstated to his pre- vious classification, salary range, and step unless the performance justifies termination. If the previous classification has been filled, then the person filling the position must return to his prior position and so forth until the most recent individual hired to fill the vacancy caused ~y the promotion returns to the appropriate eligible list and waits for the next open position for appoint- ment. When an employee1s position, over a period of time, increases in difficulty and responsibility by assumption of additional and progressively more difficult duties, the Personnel Commission may recommend to the City Administrator, or the Council, a higher classification for the position and a corresponding merit system status for the employee without competitive promotional examination, pro- vided that the Personnel Commission makes the determination that the best inter- ests 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. (7) . . L. RE-APPOINTMENTS. An employee who resigns may within one (1) year be re-appointed to the same classification upon recommendation of the head of the department from which the employee resigned. with the approval of 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 classification on written recommendation of the Department Head and approval of the appointing authority. The temporary appointee must participate in the established recruitment proce- dures before the position becomes permanent. (8) 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 disciplinary action, the two subjects are treated together in this section. All provisions of this section relating to disciplinary action shall be subject to the terms of any current Memor- andum of Understanding approved by the City Council. 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. Resignation must be in writing and filed with the Director of Personnel. Absence without notification and justifiable reason for three consecutive working days shall con- stitute automatic resignation. B. TERMINhTIO~S. The employment of an employee paid on a part-time hourly basis, serving a provisional appointment, or during the probationary period, may be terminated without right of appeal at any time on recommendation of the Depart- ment Head, with approval of the City Administrator. Employees serving on a pro- n~otiona1 probationary basis when terminated will have the right of appeal. C. LAYOFF: An action wherein. due to reduction in force, a person's employment with the City is terminated. SENIORITY: Length of continuous service with the City dating back to the date of employee's most recent hiring. SCOPE: All employees within the unit except those covered under Federal or State regulations; i.e., CETA, etc. PROCEDURE: 1. The City Council shall prepare and issue a layoff list. 2. The order of layoff shall be governed by seniority within classification de- signated to be laid off within a given department or division. The least senior employee in a designated classification shall be the first laid off. 3. In lieu of being laid off, an employee may elect to demote, to any position (with the same or lower maximum salary) in which the employee had previously served. 4. In event of 3 (above) an employee so demoting may not displace any employee whose total City service exceeds that of the employee demoting. 5. An employee replaced by such demotion shall have the same rights as set forth above. 6. Thirty (30) calendar days before the effective date of layoff, employees shall be provided notice of intended layoff action with reasons therefor. All voluntary demotions resulting from layoff notice shall be initiated within ten (10) calendar days of posting and all subsequent voluntary demotions (if any) shall be accomplished within the thirty (30) calendar day framework above. 7. Employees demoting shall not be Y-rated. Demoting employees shall be placed at that salary step of the new range nearest to that of the previous range which does not afford the employee a salary increase. 8. Should a subsequent layoff notice be issued, employees having voluntarily demoted as above shall be credited with total City service seniority, rather than seniority in classification, in event of layoff. (9) . . RE-EMPLOYMENT: 1. A re-employment list will be established in the inverse order of layoff within classification within each department. Persons on this list will be afforded first opportunity for appointment to any future employment in said class. 2. Such right to re-employment will be for a period of eighteen (18) months. Said employee, if recalled within that period, will resume employment on the same basis as returning from an unpaid leave of absence. A person declining offered appointment will be stricken from the re-employment list after two (2) refusals. 3. After one year, laid off employees will continue to be encouraged to apply for positions within the City service. Such persons will receive full con- sideration of such application in light of former service. Nothing in this procedure assigns any rights to such persons. n. DISt1ISSALS, SUSPENSIONS, AND DEMOTIONS. Dismissal powers are vested by the City Charter in the appointing authority who is the City Councilor the City Adminis- trator. In accordance with section 1003 of the Charter, the following procedures are established relative to dismissals or suspensions without pay and demotion. Reasons for dismissal are set forth in Section V of these rules. Employees ap- pointed on a provisional, hourly, probationary, or a temporary basis are subject to dismissal without hearing. Therefore, these provisions do not apply to them, see Section IV B. As to reprimands, oral or written, see Section IV H. 1. An employee subject to dismissal, suspension, or demotion shall receive: a. Notice of the proposed action b. Reasons therefor c. A copy of the charges and materials upon which the action is based. 2. The City reserves the right to suspend, without pay, any employee immediately upon oral notice when it is determined that the employee is a hazard to him- self or fellow employees, or to City property, and where the employee is accused of such on the job offenses as drunkenness, theft. assault, drug abuse, moral turpitude or insubordination. Disciplinary proceedings will be initiated by the appropriate authority within two (2) working days of the suspension~ if upheld, dismissal or suspension will be effective as of the initial one-the-spot suspension. The employee retains full right of appeal. 3. The appointing authority will advise the employee of the final action in writing. The employee shall have ten (10) calendar days from the final ac- tion date of discharge, suspension, or demotion, to file with the City Clerk a written appeal to the Personnel Commission. The appeal shall be forwarded to the Personnel Director. 4. The Personnel Commission shall commence a hearing thereon at their next meet- ing. The hearing, open or closed at the option of the employee, may be con- ducted 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 main- tain orderly procedures and to restrict the hearing to facts relevant to the complaint. In hearing the appeal, the Commission shall require the appoint- ing authority to place his accumulated written evidence before them first, followed by the case of the appellant. Both sides may be entitlEd to coun- sel, if they so desire. The appellant shall bear expense 0f his/her counsel. (10) . . 5. At its first regular meeting after appeal has been received by the City Clerk, the City Council shall, in a Personnel Session, closed or open at the option of the employee, review the records, findings, conclusions and recommendations of the Personnel Commission and may, at its option, re- quest such further evidence as the Council deems necessary. The Council shall, within twenty-one (21) calendar days after commencing its review of the Personnel Commission proceedings, make a final decision adopting, modi- fying, or reversing the conclusions of the Personnel Commission and may make and substitute such other final decision or determination as it may deem jus t and proper. 6. From the time of notification of intent to impose disciplinary action until final action by tile appointing authority, the employee concerned continues in a paid status, although he/she may be suspended from duty if the appoint- ing authority deems it to be in the best interest of the City. If final action by the appointing authority is dismissal or suspension without pay, the employee is in an unpaid non-duty status through the appeal process (if used); if onappea1 the employee is reinstated to duty, he/she will receive back pay for the period in an unpaid status. Similarly, if demoted by the appointing authority, the employee is placed on the appropriate lower pay range during the appeal process, with retroactive restoration of pay if the appeal is upheld. 7. Vacancies created under this section may be filled by the appointing author- ity by provisional appointment pending the completion of any proceedings ta ken hereunder. E. RETIREMENT. All full-time employees shall retire as set forth in the require- ments 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 fre- quently recurring mental or physical condition renders him/her inefficient or incapable of performing the duties of the position. Procedures for effecting such a separation shall be as follows. At the written request of the appointing authority, the Director of Personnel may request an employee to submit to a medi- cal examiner designated by the City, and if the results of the examination in- dicate that the employee is unable to perform his/her 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. When the disability arises from and in the course of employment with the City, the employee may be eligible for disability payment via worker's compensation (State Workers Compensation or City self-insured carrier), and to such rehabili- tation measures as prescribed by law. Non-job related disability may entitle the employee to compensation via the Public Employees' Retirement System (PERS). G. EMPLOYMENT APPLICATION MISREPRESENTATION. An employee may be separated by dis- qualification, that is, for failure to meet conditions specified or for falsi- fication of the employment application. ( 11) . . H. NATURE OF DISCIPLINARY ACTION. In addition to dismissal, demotion, and sus- pension, a disciplinary action may also consist of a reprimand. A suspension is a temporary, without pay, status levied as a penalty for an of- fense where the cause is not sufficiently grave for dismissal. A suspension must be approved by the appointing authority. The procedure for effecting a demotion or suspension is set forth under proce- dures Section IV-D. A reprimand may be issued by the Department Head, or the designated representa- tive, 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 given to the employee and to the Personnel Director for inclusion in the employee's personnel file. The employee shall have the right to place a statement in his/her personnel file within ten (10) calendar days from the reprimand date and shall have the right of appeal. The employee is entitled to representation, at his/her own expense, when disci- plinary action is being taken. 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 com- mit no act either on or off duty tending to bring reproach or discredit to the Ci ty. C. Violation of any lawful official regulation or order or failure to obey any proper direction made and given by a superior officer. D. Reporting for duty or being on duty under the influence of any intoxicant or drug, or absenting oneself from duty or rendering oneself unfit to perform fully one's duties for reasons attributable to, or produced by, indulgence in intoxi- cants or drugs. E. Offensive conduct or obscene language in public or towards the public~ City offi- cials, 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. Actions prohibited by Government Code Section 3201, et.~. in Chapter 9.5, entitled "Political Activities of Public Employees." (12 ) . . I. Inducing, or attempting to induce: an officer or employee in the service 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 official work. K. Employees shall not, while on duty, take an Rctive part in any political cam- paign in behalf of any candidate, or seek s~gnatures to any petition seeking to advance the candidacy of any person for ar~v office or attempting to influ- ence the vote of another employee for or against any candidate (Reference as in H above). L. Willfully. or corruptly, making any false statements. certificates. marks, rat- ings. or reports, or in any manner committing or attempting any fraud in con- nection with the examination process. SECTION VI. LEAVE OF ABSENCE. VACATION AND SICK LEAVE A. VACATION Every full time employee who shall have been in the service of the City for one year shall annually be allowed vacation leave of ten (10) eight (8) hour days accumulated at the rate of zero point eight three (0.83) days per month. After five (5) years. vacation leave shall commence accumulating at the rate of one point two five (1.25) days per month. fifteen (15) working days per year. After fifteen (15) years, vacation leave shall accumulate at the rate of one point six seven (1.67) days per month, twenty (20) working days per year. Fire Department (shift personnel only) who shall have been in the service of the City for one (1) year shall annually be allowed vacation leave of 144 hours per year; after five (5) years. vacation leave shall commence accumulating at the rate of 216 hours per year; after fifteen (15) years. vacation leave shall ac- cumulate at the rate of 288 hours per year. Vacation schedules shall be posted annually in each department. Sign up shall be on the basis of seniority within classification. Senior employees shall have first preference. unless exercise of such preference interferes with the service of the department. Vacation is granted for the purpose of it being taken annually. However, with approval of the City Administrator. an employee may opt to accrue up to two (2) years vacation leave for an extended vacation. With a minimum of two (2) weeks advance written notice and the approval of the City Administrator, an employee may be issued a salary advance equalling the ac- crued vacation. This paragraph shall apply to a minimum of one week vacation or more. Vacation time shall accrue while the employee is on paid leave. An employee falling ill or incurring injury while on vacation may terminate that vacation and convert to sick leave or leave without pay upon submission or written notice detailing the reasons therefor and upon approval of the City Administrator. An employee of the City for one (1) year or more shall, upon termination. re- ceive payment for all accrued unused vacation time. No employee shall receive payment in lieu of vacation while remaining in City service. (13) . . B. SICK LEAVE Employees shall accrue sick leave at the rate of one (1) 8-hour day per month. Sick leave may be used as it accrues. Employees shall accrue sick leave while on paid vacation. A physician's verification of illness may be required after three (3) consecutive days of absence. Fire Department shift personnel only shall accrue sick leave at the rate of twelve (12) hours per month. C. 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' Retirement System), employees shall be granted sick leave as per Public Law Provisions. 2. All other employees will be allowed thirty calendar days industrial injury! illness leave before any deduction from accumulated sick leave, if any. 3. All employees will be required to deposit their Workers Compensation c~eck with the City to receive full pay for the above benefits. 4. When industrial injury/illness leave is exhausted, the employee can receive either the Workers 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 Workers Compensation with the City. 5. Upon depletion of the sick leave, and!or other benefits available, the em- ployee will receive the Workers Compensation benefit and be placed upon a Leave of Absence without pay. 6. The following procedures are required in order to ensure that medical bills arising from a work-related illness or injury are paid by the City Worker's Compensation insurance carrier: a. When an employee is injured or is taken ill on the job, get medical at- tention as needed. The employee should arrive at the medical facility! physician with a Medical ~ervice Order. These are available in every department~rf the employee presents the proper authenticated form to the medical facility, the facility will send the bill to the insurance carrier rather than to the employee or the City. b. The department concerned should send an Accident Report to the Personnel Department within one working day of the incident. It is from this docu- ment that the E~ployer's Report is prepared for the insurance carrier, so both speed and accuracy are essential. c. The Personnel Department will, within two working days of receipt of the Accident Report. submit the Employer's Report to the insurance carrier. D. EMERGENCY LEAVE An employee may be granted emergency leave by the Department Head up to, but not to exceed, five days per year to care for sick dependents. Dependents will in- (14) . . clude spouse, children, or other relatives presently living with the employee. The employee is given the option of deducting this leave from either his ac- cumulated sick leave or his earned vacation. Members of the Police Association do not have a maximum on the number of days per year which can be taken as sick leave for family illness. E. BEREAVEMENT LEAVE All City employees shall be granted up to three (3) non-chargeable bereavement leave per calendar year. Such leave shall not be cumulativE. Rather than at- tempt to list all possible relationshirs eligible for this leave, suffice it to say, a reasonably significant personal relationship shall exist. Such rela- tionship is to be deemed reasonably significant by the employee. F. COURT DUTY An employee summoned for jury duty will be excused from work but must present written proof of the jury duty to his supervisor with a copy to the Personnel Director. The summoned employee shall have a choice of receiving full pay while on jury duty and reimbursing the City for any jury duty compensation received, or he may keep the jury duty compensation and not receive City pay for time away from work. The above jury duty compensation reimbursable to the City does not include travel, meals, or lodging. G. HOLIDAYS The legal holidays observed by the City shall include New Year's Day, Lincoln's Birthday, Washington's Birthday, Mem0rial Day, Independence Day, Labor Day, Ad- mission Day, Veteran's Day, Thanksgiving Day, day following Thanksgiving, and Christmas Day. When a regular holiday falls on Sunday, the following Monday shall be granted as a day off, and when a regular holirlay falls on Saturday, the preceding Friday shall be granted as a day off. Police Depart~ent Personnel, excluding Police Chief Commanders, Secretary, Clerk Matron, Clerk Typists, and Cadets, vii 11 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, Fire Marshal and clerical personnel, will have the option of taking time off for each holiday at the rate of sixteen (16) duty hours per holiday, or payment of 5.84% of the basic salary per month. H. 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. I. LEAVE OF ABSENCE WITHOUT PAY A leave of absence without pay may be granted to an employee who is required by medical authorities to extend sick leave or finds it 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 in- surance upon his/her payment of all premiums. Uniform allowance, auto allowance, ( 1 5) " . . retirement credit, seniority in the pay plan, sick leave credit, vacation cre- dit and other fringe benefit credits shall not accumulate during the leave of absence. Accumulated seniority prior to the leave of absence will not be lost. J. U~AUTHORIZED ABSENCES Absence without justifiable reason for three (3) consecutive workin0 days shall constitute auto~atic resignation (see Section IV). K. 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 accumu- lated 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 calendar days. Other em- ployees will be granted leave to care for dependents as set forth in Emergency Leave (see Section VI). L. PERSONAL LEAVE Each employee will be granted Personal Leave annually. This leave is credited and available to the employee on July 1 of each year; it is not cumulative. The amount of Personal Leave authorized is: 1. Members of the supervisory unit: 24 hours per year 2. Fire Departnent personnel on shift schedule: 24 hours per year 3. All other employees: 8 hours per year 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 policy of the City to maintain satisfactory and healthful work- ing conditions 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 EVALUATION It is the policy of the City to encourage and facilitate a program of training and evaluation in the interests of employee efficiency and as an aid to quali- fying employees 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 field of work, and suggest any additional training of value. 2. Work with Department Heads in developing supervisory training programs. 3. Promote employee training programs sponsored by education institutions for the area. 4. Record the completion of training courses on the employee service record. (16 ) , "5. Depart.ments shall rA monthly evaluations on each .Jationary employee .3nd an- ually on all other full-time employees. Evaluations shall be signed by the evaluator and the employee, with a copy given to the employee. 6. Members of the Management Group are to be evaluated semi-annually, as of December 31 and June 30. { C. PERSONNEL RECORDS. The Personnel Department shall maintain a service record card for.each employee showing the original date of employment, the original classifi- catlon 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 maintained 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 em- ployee's separation from service, the service record card will be placed in his personnel file and the file transferred to an inactive file which shall be kept for at least ten (10) years. Employees have the privilege of reviewing their per- . sonnel file in the presence of a representative of the Personnel Department. It is the responsibility of each employee to notify the Personnel Department and the department to which assigned promptly of any change in address, telephone. or emergency contact person. D. PAYROLL CHECKING. All payrolls drawn for classified personnel shall be certified by the Dh'ector 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 appoint- ments in accordance with the appropriate personnel laws, rules and regulations and 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 re- warding continuous service to the City by the employees of the various depart- ments by awarding pins and such other awards as herein provided. The employees will be given a choice of either a tie tack, tie clasp, lapel pin, lapel button, or bracelet, and at 25, 30, 35, or 40 years of servie, 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 - 14K gold emblem on selected jewelry. 10 Years of Service - 14K gold emblem on sel ected jewel ry with one (1) 2 pt. diamond. 15 Years of Service - 14K gold emblem on selected j ewe 1 ry with two (2) 2 pt. diamonds. 20 Years of Service - 14K gold emblem on sel ected j ewe 1 ry with three (3) 2 pt. diamonds. 25 Years of Service - Watch and 14K gold emblem on watchband or selected jewelry with four (4) 2 pt. diamonds. 30 Yea rs of Service - 14K gold emblem on Hatchband 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. (1) 40 Years of Service - 14K gold emblem on watchband or selected jewelry with one 16 pt. diamond. ( 17) . . 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 in the Police De- partment. Fingerprints may be required for other new employees where assignments may involve handling money or other fiscal responsibility. The records of any employee who fails to give his/her complete conviction record at the time of ap- plication shall be submitted by the Personnel Director to the City Administrator for decision as to whether or not the employee shall be retained. G. FINANCIAL RESPONSIBILITY OF EMPLOYEES. An employee may be subject to disciplinary action if the City is served with two collections at the same time. H. MEDICAL EXAMINATION. Any appointment to the City Service shall be subject 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. Em- ployees eligible for normal retirement must successfully pass an annual physical examination as one condition of continuing active employment. I. SUGGESTION PLAN. It shall be the duty of the Personnel Director to institute a program designed to encourage the participation of employees in the improvement of the efficiency and economv of the operation of City departments. Such a pro- gram 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 Department Heads or other consultants, as necessary. Awards would be provided for accepted suggestions based on the value of the proposal and the economies of im- provements it provides. J. GRIEVANCE PROCEDURE. The following procedure is to outline the proper channels for voicing employee complaints or grievances. It is being issued to advise each em- ployee of the proper procedure 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 super- visor(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 dismissal, suspension, demotion, and written reprimand (See ~ection IV). 1. Initially, all employee grievances should be directed to the immediate super- visor for solution. 2. In the event this employee-supervisor meeting does not answer or solve within 10 working days the emp1oyee's problem or complaint, the supervisor, at the emp1oyee1s request, shall present the matter to the Department Head. This pre- sentation 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 resolved 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 to the City Administrator, to include response received from the immediate supervisor and the Department Head. (18) . . 4. If an adequate solution to the matter is not resolved within 10 working days at the City Administrator level, the employee or the City Administrator shall notify the Personnel Director who shall gather the written facts and present them to the Personnel 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 report its findings within 10 days, to the City Council and/or appointing authority. The action of the City Coun- cil and/or appointin~ authority shall be final subject to whatever legal guar- antees 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 presentation of all material facts so that a fair and impartial decision may be made. The Commission Chairman 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 Comis- sion may require the employee (appellant) to first present his/her grievance; followed by the immediate supervisor for presentation of his/her attempts to resolve the grievance; followed by the Department Head for presentation of his/her attempts to resolve the grievance, followed by the City Administrator for presentation of his/her 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. Thisnearinqcan be a. closed meeting if requested by the employee. SECTION VIII. MISCELLANEOUS PROVISIONS A. APPOINTMENT TO THE GENERAL SERVICE. Appointments to positions in the General Ser- vice by the Councll upon recommendation of the City Administrator 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 service 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 break 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 accum- ulate during a break in service which occurs due to a suspension, a leave of ab- sence 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 employ- ment or occupation outside their regular working hours if such employment does not interfere with the efficient performance of their duties for the City. Such em- ployment 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 (19) revocation shall for inclusion in . . be in writing with a copy forwarded to the employee's personnel folder. the Director of Personnel 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 authority of reasonably determining, with the best interests of the operation of the respective de- partments, 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 accumualting compensating time off (CTO) or being paid for the ac- crued overtime in the next scheduled paycheck. 2. Police Department. All employees within this unit shall be compensated at the rate of time-and-a-half for hours in excess of forty (40) hours per week. Employees have the option of taking compensation time off (CTO) at time-and- a half in lieu of cash payment. All employees shall maintain a minimum of twen- ty-four (24) hours CTO on the books, with the option of accruing a maximum of forty (40). Any employee called back to work, including court appearances, shall receive a minimum of three (3) hours compensation, calculated at time and one-half (l~) . Call back, including court appearances, is defined as any time at court or work that does not continue into or continue after regular duty time. 3. Fire Department. Any and all overtime shall be calculated at time and one- half, based on a 40 hour week. This shall include, but not be limited to, call-back time, required drills and meetings, and shift overtime work. An employee assigned to call-back (fires, drills, classes and meetings) shall receive a minimum of two (2) hours compensation at the rate of the forty~our conversion formula now in practice (base hourly rate x 1.4 x 1.5 overtime). 4. Other Employees. Employees called back during off-duty hours shall be compen- sated for a minimum of two (2) hours at time and one-half (l~) pay, with time and one-half (l~) pay for all additional time worked over two (2) hours. Employees called back during a holiday will be compensated on the above sche- dule, but at a double time rate. B. STANDBY* 1. Police Department. The employee standing by at his residence or reached immed- iately by a Gilroy telephone shall be reimbursed at one-half (~) of his re- gular hourly pay. 2. Miscellaneous Em 10 ees. Standby duty shall be rotated among employees on a seven 7 day basis. Employees onseve~day stand-by shall receive ten (10) hours pay at straight time. If a holiday falls within the seven-day standby period, the employee shall receive eight (8) hours pay at straight time for the holiday. *Provisions do not apply to the management group. (20) . C. EDUCATION INCENTIVE* . 1. Courses must be applicable towards a degree and usable by the particular em- ployee in their employed capacity or for advancement within the City classifi- cation. a. *1% increase for employees completing thirty (30) college semester units, or possession of a Basic Post Certificate. b. *l~% additional increase for employees completing sixty (60) college semes- ter units or possession of an Intermediate Post Certificate. *not to exceed 2~% c. For members of the Miscellaneous employees bargaining unit and for confi- dential employees, Adult Education classes shall be included in the Educa- tion Incentive Plan for purposes of compensation. Classes must be approved by the appropriate Department Head as job-related. A conversion factor will be used to equate to college credits. All course units are subject to approval of the City Administrator with recom- mendation from the employee's Department Head. 2. Each member of the Supervisors Unit shall be entitled to draw up to $350 for education and training materials, aids, and expense for attendance at profes- sional conferences and/or tuition and fees incurred in the course of attendance in any job-related course of instruction at any accredited school, as author- ized 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 and Police Records Clerks initial uniform allowance of $150 and an additional $50 if upgraded to Police Officer. c. Two payments of $125 each shall be paid on July 1, and on January 1, for a total of $250 annually. d. Payments shall be prorated at $20.84 per month according to entry into Police Service. e. Personnel terminating shall reimburse the City for unearned uniform al- lowance at the rate of $20.84 per month. f. City will furnish furnish badge and safety equipment. 2. Uniformed members of the Fire Department: a. Each new employee will receive a class A uniform. b. Each employee will receive $202 uniform allowance per year, paid in two installments of $101 each with the June 30 and December 31 pay check. c. The appropriate employees will receive two sets of turnout gear. *Provisions do not apply to the management group. (21 ) ? J. Other EmP10yee~ . a. One pair of safety shoes per year, of a quality equal to the or Sears Safety shoe for all employees requesting them who mal course of their duties, lift or carry heavy objects, or on, or around moving machinery. Red Wing, in the nor- who work in, b. The City shall furnish six shirts and patches per year, of a quality com- parable to the J.C. Penney shirt, to field employees in the Parks and Recreation Department or the Public Works Department. c. The City shall provide, through a laundry rental service, three coveralls per week to employees in the following divisions: Wastewater Treatment Plant Equipment Maintenance Shop E. HEALTH INSURANCE 1. The City shall contribute $110 per month per employee for health and dental insurance. 2. For members of the Miscellaneous Employee bargaining unit and confidential employees only, the City shall contribute $110 per month effective July 1, 1980, $120 per month effective July 1, 1981, and $130 per month effective July 1, 1982 per employee for health and dental insurance. F. LIFE INSURANCE 1. The City will furnish a life insurance policy with accidental death and dis- memberment for each employee in the amount of $5,000. 2. The management group shall receive a similar policy in the amount of $10,000. 3. The miscellaneous Supervisor group shall receive a policy in the amount of $10,000, as soon as an order can be made after July 1, 1980. G. MEALS 1. Employees in the Miscellaneous and Police bargaining units shall be provided a ~eal at City expense if they are required to work ten hours or more in a single working day. Subject work must also conform to the overtime approval requirements. 2. Employees in the Fire bargaining unit shall be provided a meal at City ex- pense for callbacks or shift hold overs exceeding six (6) hours. H. BILINGUAL Employees of the Police and Fire Department who demonstrate the ability to effec- tively communicate in both English and Spanish will be compensated at the rate of an additional 2~% of their respective base salary in whatever step they may be. I. WORKING OUT OF CLASSIFICATION 1. ~1embers of the Miscellaneous Employees bargaining unit who are assigned by their supervisor, with Department Head approval. to perform the duties of a (22) higherClaSSifilion for more than 21 working da'in a calendar year shall be paid for each successive hour at the rate assigned to the higher classi- fication at the same step the employee holds in his/her permanent classifi- cation. 2. Members of the Fire Employees bargaining unit assigned to work out of class in a higher classification shall receive the rate of pay of the higher classi- fication subject to the following conditions: a. The assignment will be in writing by the Fire Chief. b. This work-out-of-class provision shall only be applicable after an employee has accumulated ten (10) shifts or twenty-one (21) eight-hour days in a given fiscal year. c. The rate paid in the higher class is at the same step as the employee holds in his/her permanent classification. 3. Members of the Police Employees bargaining unit required to act in the capa- city of a shift field supervisor and/or acting watch commander (AWC) shall receive additional compensation while performing such duties. This compen- sation shall consist of one (1) hour of Compensated Time Off (CTO) for each day that the employee works in such a capacity. No part of this section shall be interpreted to deny any employee acting in the capacity of shift field supervisor and/or acting watch commander (AWC) from receiving overtime pay in accordance with past practices. SECTION X CITY ADMINISTRATION'S MEMORANDA AND DIRECTIVES (23) . . I, SUSANNE Eo STEINMETZ, City Clerk of the City of Gilroy, do 81-63 hereby certify that the attached Resolution Noo is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of June , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this, 2nd day of June , 19