Resolution 1984-77
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RESOLUTION NO. 84-77
RESOLUTION OF THE COUNCIL OF THE CITY OF
GILROY ADO:PTING REVISED PERSONNEL RULES
AND REGULATIONS
WHEREAS, after study and consultation with all
employee organizations. 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 Regulations dated December 3. 1984. and consisting of a
Table of Contents, thirty five pages and Appendix A. and
adopts the same to define benefits and procedures in governing
personnel of the City of Gilroy.
PASSED AND ADOPTED this 3rd day of December 1984,
by the following vote:
NOES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER,
MUSSALLEM. PATE, VALDEZ
and HUGHAN
COUNCIU,mMBERS: None
AYES:
ATTA~MwJ 0. ~/_ ,
j!2!l ~it?lie~
RESOLUTION NO. 84-77
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I, SUSANNE Eo STEINMETZ; City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution Noo 84-77 is an
original resolution. duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 3rd
day of
December
, 19 ~, at which meeting a quorum was
presento
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 10th day of December
19 84 0
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EXHIBIT "A"
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PERSONNEL RULES & REGULATIONS
SECTION I.
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.
summarlzea as follows:
The classification plan can be
1. l~ grouping into a single class, with a continon class title,
of all positions which are essentially similar Wlth
respect to the nature of the work performed, and which are
of approximately equal difficulty and responslbility.
2. Written class specifications containing, in addition to a
descriptive title for each class of position, a descrlption
of the nature of work included in the class and cualificatlons.
Class specifications do not restrict the assignment of
duties to an employee in any way. However, assignment of
a subs~antial volunle of hiqner srade or lowt~r srade duti~s
to an ~mployee over a per~cd of time may result In a
reclassificatio~ of the e~ployeels position.
Class sDecific~tions are of conslderable value l~ supplving
sys~ematic, authorltati\'e irlfor~ation in connection :~i.t!;
che following procedures:
2. Preparing public announcements of examlnatlons.
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. MaIn tenance of the Clas s if ica ~.:.on Plan. f..s the cIa ssi fica tion
plan is Intended to fit eaCh employee's position into its
place in an overall occu~)ational inventory, it is necessary
that i~ be adjusted from time to time to reflect changes in
assignment af duties made to e~910yees 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 appropriate for
allocation to cne of the established classes in the
classification plan, the classification action of the
( 1 )
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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 City
Administrator, through the Director of 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. When the duties and responsibility 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 Director of Personnel
shall follow the procedures as outlined in 1., above.
C. Non-Discrimination Policy. It is the intent of employees,
supervisors, and the admin1stration of the City of Gilroy not
to discriminate relating to hiring, promotion, 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
Opportunity Commission Guidelines of 1978.
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SECTION II: THE PAY PLAN
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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, 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 employee's 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 COITmensurate to t:le available position.
Call back shall be based upon aLility and length of
service.
6. No supervisor should receive less than 2 1/2% more than
the highest paid person 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 recoITmended by the Department Head and
approved by the City Administrator.
( 3 )
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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 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. Announcements of examinations for
posltions shall be mace 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 examlnation to be given, the prescribed rates
of pay for the position, and any other information deemed
pertinent by the Director of Personnel.
APPLICATIONS FOR EXAMI~ATIONS. An application form obtainable
at tne Clty Hall will be filled out by all applicants 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 applican~ to show reasonable conformity
with the announced requirements 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 applications under these conditions shall be
subject to the approval of the Personnel Commission.
( 4 )
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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 app01ntment or promotion shall be determined by competitive
examination. Competitive examinations shall be designed to
reveal the applicant's skills, abilities, and knowledge in the
task elements of the job. Examination will be directed
towards traits or characteristics demonstrably related to
actual performance of the job.
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 completea 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 candidates.
Examinations shall consist of written tests, performance tests,
evaluation of qualifications, interviews, physical examinations,
background review or any combination of the foregoing as required
by the classification.
The City's policy of non-discrimination will be complied with 1n
all hire or promotion actions.
D. ELIGIBLE LISTS. Applicants passing the examination shall be
ranked on an eligible 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 their 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 recommendation
of the Director of Personnel and the appointing authority
for an additional year. An applicant who has successfully
passed the competitive examination as outlined in Section
III-C, will be placed on the eligible list.
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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
Comm1ssion, a list may be declared exhausted at any time,
upon written statement with supporting reasons from the
appointing authority.
( 5 )
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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 Department Head shall originate the appropriate
personnel requisition form which, 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"
group to fill the current 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 f~om
the "satisfactory" list. The Department Head shall notify the
City Administrator of hlS 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.
F. PROBATIONARY PERIOD. An appointment made from 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 subject
to a Department Head action as set forth hereinafter. Upon
recommendation of the Department Head, the City Administrator
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 to the City
Administrator. The Director of Personnel, upon aproval of the
City Administrator, may reinstate to the eligible list any
probationary employee whose service has been terminated if
( 6 )
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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 certification 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
individual employees who receive fringe benefits as a past
practice.
G. ANNIVERSARY DATE OF HIRE. Upon completion of six (6) months
of satisiactory service, with the recommendation of the
Department Head, the City Administrator may authorize an
employee's salary to be advanced one step on the salary
schedule. For purposes of subsequent step advancement on the
salary schedule, an employee's salary review and advancement
date shall be the date of that six-month advancement.
For miscellaneous employees only: In the event an employee is
reclassfied by action initiated by the City, that employee's
anniversary date of hire for purposes of step advancement
shall be his/her original date of hire in the general competitive
service.
For purposes of layoff or other personnel actions based on
seniority, the anniversary 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 appointment 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 be reported by the
Director of Personnel to the Personnel Commission at its
regular meetings.
Provisional appointees shall be selected from applicants for
the position who meet the minimum qualifications requirements
for the position.
Provisional appointees desiring permanent status must participate
in recruitment for that position. If finally appointed to
regular status, the probationary period shall commence from
the date of the provisional appointment. In such cases, sick
and vacation leave credits will accrue retroactively from the
date of provisional appointment. Other fringe benefits shall
commence as of date of regular appointment. Periodic pay
increases shall commence when appointed to regular status.
( 7 )
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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 department 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. Placement 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 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 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 satisfactorily complete the probationary period, he
shall be reinstated to his previous classification, salary
range, and step unless the performance justified 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 by the promotion returns to the appropriate
eligible list and waits for the next open position for appoint-
ment.
When an employee's 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, 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.
( 8 )
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L. RE-APPOINTMENTS. An employee who resigns may within one (I)
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 procedures before the position becomes permanent.
( 9 )
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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 Memorandum 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 constitute automatic resignation.
B. TERMINATIONS. 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 Department
Head, with approval of the City Administrator. Employees
serving on a promotional probationary basis when terminated
will have the right to 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 _ssue a layoff list.
2. The order of layoff sheil be governed by seniority within
classification designated 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.
(10)
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All voluntary derootions resulting fran layoff notice shall
be initiated within ten (10) calendar days of posting and all
subsequent voluntary denotions (if any) shall be accanplished
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 previros range which does not afford the
anployee a salary increase.
8. Shrnld a subsequent layoff notice be issued, employees having
voluntary deroted as above shall be credited with total City
service seniority, rather than seniority in classificaton, in
event of layoff.
RE- E1-1PlJJYMENT:
1. A re-employment list will be established in the inverse order
of layoff within classlfication within each department.
Persons on this list -",ill be afforded first opportunity for
appointment to any future anployment in sa~d class.
2. Such right to re-anpleyment will be for a pericx:l of eighteen
(l8) months. Said e.rr.ployee, if recalled within tbat pericxi,
will resume employmen~ on the same bas~s as returning fran an
unpaid leave of aDsence. A Person declining offered appoinonent
will be stricken fran tIl.e re-employment list after two (2)
refusals.
3. After one year, laid c!:f e.rnployees will contirlUe to be enccuraged
to apply for r:ositions wl.tlJin the City service. Such Persons
will receive full conslderation of such application in light
of fenner service. i;othing in this procedure assigns any
rights to such PerSOI'1S.
D.
DISMISSALS, SUSPENSIONS, p.ND DEM:Yl'IONS. Dismissal powers are
vested by the City Charter ':..n the appointing authority who is the
Ci ty Councilor the City Ad:ninistrator. In accordance with section
1003 of the Charter, the tellONing procedures are established
relative to dismissals or suspensions without pay ~~d demotion.
Reasons for dismissals are set forth in Section V of these rules.
Ehlployees appointed on a r:=:-evisional, hrnr 1 y, probationary, or a
temr:orary basis are subje~ to dismisal without hearing. Therefore,
these provisions do not aFply to than, see Section IV-B. As to
repriIrands, oral or wTitte.'1, see Section IV-H.
1. An employee subject te dismissal, suspension, or danotion
shall receive:
a. Notice of the prefX)sed action
b. Reasons therefor
c. A copy of the c,harges and materials upon which the action
is based.
2. The City reserves the right to suspend, witllout pay, any
employee irrmediately u!X'n oral notice when it is detennined
that the Employee is a r.azard to himself or fellan' employees,
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or to City property, and where the employee is accused of such
on the job offenses as drunkenness, theft, assault,
d1:ug aJ:use, 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
on-the-spot suspension. The anployee retains full right of
appeal.
3. When dismissal, demotion, or susPension is to be recarmended,
the department head concerned will so notify the employee in
writing, providing the information specified in paragraph D.
1. above. The department head will also advise the employee
of his/her right to a hearing on the reasons for proposed
disciplinary action, and his/her right to be represented by
cOUl1sel at his/her expense at such a hearing. The anployee
ITUlst request such a hearing wi thin ten (10) calendar days of
notification by the department head.
4. The department head concerned will afford a hearing to an
employee who so requests, and following the hearing will
notify that employee in writing of his/her decision as to the
reccmnendation tr.at will be made. The employee will be
advised that he/she has the right to a hearing before the
Personnel Carmission on the department head's intended recan-
mendation. If the employee does wish to p.ave the matter heard
by the Personnel Canmission, he/she ITUlst so request in writing,
deli vered to the Personnel Director wi thin ten (10) calendar
days of the department head's notification of final decision.
5. The Personnel Ccmnission shall carmence a hearing thereon at
their next meeting_ The hearing, open or closed at the option
of the employee, may be conducted infonnally 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 ilnpartial decision may be made. The
chainnan of the Canmission shall have full authority at all
times to maintain orderly procedures and to restrict the
hearing to facts relevant to the canplaint. In heari..'1g the
appeal, the Ccmnission may require the department head to
place his/her accumulated writt~'1 evidence before them first,
followed by the case of the appellant. Both sides may be
entitled to counsel, if t..'1ey so desire. The appellant shall
bear expenses of his/her cOUI1sel.
6. In accordance with City Charter section 1003, t.he Personnel
Ccmnission shall report its findings and reccmnendations with
respect to the hearing to the City Administrator for final
decision. After considering all evidence available, the City
Administrator shall inform the employee concerned of the
decision and discipline imposed, if any.
(l2)
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7. As an alternative to the procedure described in paragraph 4,
5, and 6 above, the employee shall have the option of appealing
the Depa.rt::Irent Head's recarmendation to the City Administrator,
rather than to the Personnel Carmission. SUch appeal ITD..lst be
made in writing to the City Administrator within ten (10)
calendar days of notification of the Department Head's intent.
The City Administrator shall grant a hearing, conducted as in
5 above, to the employee, who may be represented by calnsel at
his/her own expense. The City Administrator shall inform the
anployee of the final decision in writing. The procedures
described in subsequent paragraphs then apply.
An employee who chooses to appeal directly to the City Admin-
istrator thereby waives any right to a hearing by the Personnel
Camri.ssion.
8. An employee upon whan discipline is imposed by the City
Administrator shall have the right to appeal the discipline to
the City Council. Such appeal must be delivered in writing to
the City Clerk within ten (10) calendar days of receipt of the
City AdmirJ.strator's decision.
9. In case of disciplinary action to be imposed on a Department
Head, the City Administrator will make notification and afford
a hearing in the same manner as a Department Head does for
subordinate employees. Department Heads have the right to
appeal to the City Council under procedures in paragraph 10
bela.v.
10. At its first regular meeting after the appeal is received by
the City Clerk, the City Council shall set a date and time to,
in a Personnel Session, closed or open at the option of the
employee, review t..r1e records, findings, and conclusions of the
Personnel Commission (if applicable) and of the City Adminis-
. trator, and may, at its option, request such further evidence
as the Council deems necessary. The Calncil shall, wi thin
twenty-one (21) calendar days after carmencing its review of
the Personnel carmission preceedings (if applicable) and the
City Administrator's action, make a final cecision adopting,
modifying, or reversing the decision of the City Administrator
and may make and substitute such other final decision or
determination as it may dean just and proper.
11. Fran the time of notification of intent to impose disciplinary
action until final action by the appointing authority, the
employee concerned continues in a paid status, althrngh he/she
may be suspended fran duty if the appointing authority deems
it to be in the best interest of the City. If final action by
the appointing authority is dismissal or suspension withrnt
pay, the employee is in an unpaid non-duty status throogh the
appeal process (if used); if on appeal the employee is reinstated
t:o duty, he/she will receive back pay for the period in an
(13 )
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unpaid status. Similarly, if demoted by the appointing
authority, the employee is placed on the appropriate laver pay
range during the appeal process, with retroactive restoration
of pay if the appeal is upheld.
12. Vacancies created under this section may be filled by the
appointing authority by provisional appointment pending the
canpletion 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 tanporary 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 far disability when a
chronic or frequently recurring mental or physical condition
renders him/her inefficient or incapable of performing the duties
of the position. Procedures for effecti.ng such a separation shall
be as folla.vs. At the written request of the appointing authority,
the Director of Personnel may request an anployee to sutrni t to
exami.nation by a medical examiner designated by the City, and if
the results of the examir.ation indicate tJ1at the employee is unable
to perfonn his/her duties, the employee shall be placed on a
tanporary leave of absence not to exceed 60 days preliminary to
disabili ty retirement or disability separation providing, havever,
that temporary leave of absence may be extended at the discretion
of the appointing authority.
When. the disability arises fran and in the course of anployment
wi th the City, the employee may be eligible far disability payment
via worker's canpensation (State Workers Canpensation or City self-
insured carrier), and to such rehabilitation measures as prescribed
by law.
Non-job related disability may entitle the employee to canpensation
via the Public Employees' Retirement System (PERS)
G. EMPLOYMENT APPLICATION MISREPRESENTATION. An employee may be
separated by disqualification, that is, for failure to meet conditions
specified or far falsification of employment application.
H. NATURE OF DISCIPLINARY ACTION. In addition to dismissal, denotion,
and suspension, a disciplinary action may also consist of a reprimand.
A suspension is a temporary, wi thrnt pay, status levied as a
penalty for an offense where the cause is not sufficiently grave
for dismissal. A suspension Imlst be approved by the appointing
authority.
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(14)
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The procedure for effecting a darotion or suspension is set forth
under Section IV-D.
A reprimand may be issued by the Department Head, or the designated
representative, to an employee for an offense not serirns enrngh
for suspension, demotion, or dismissal.
I. EXIT INTERVIEWS.
When an anployee departs the service of the City, voluntarily
or otherwise, he/she will be asked to participate in an exit interview.
The purpose of the exit interview is to provide management
at all levels with insight into favorable and unfavorable aspects of
the job fran the anployee's perspective, benefit fran any suggestions
the employee may have, and document the reason for leaving City service
as perceived by the ernployee.
Nonnall y the Department Head concerned will conduct the exit
interview, although it may be delegated to the next level of management.
Whe..l1 circumstances make it advisable, the Department Head may request
that the Personnel Director conduct the interview.
The City provides a form cn which L~ interviewer records a
surrrnary, not necessarily verbatim, of the Employee's carments. Tne
anployee is requested tc initial the form and it is subsequently initialled
by L'1e Department Head (if not the interviewer) and sul:rni. tted to the
City Adwjnistratcr.
Concurrently with the above, the Department Head canpletes a form,
provided by the City, which records his/her perceptions of the ernployee
and other aspects of the anployment experience. This form is also
suhnitted to the City Administrator.
(15)
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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. 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 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 i.n 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. seo.
in Chapter 9.5, entitled "Politial Activities of Public
Employees."
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.
(16)
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K. Employees shall not, while on duty, take an active part in any
political campaign in behalf of any candidate, 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 (Reference as in H
above) .
L. Willfully, or corruptly, making any false statements, certificates,
marks, ratings, or reports, or in any manner cOIT~iting or
attempting any fraud in connection with the examination
process.
(17 )
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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 (IS)
working days per year. After fifteen (IS) years, vacation
leave shall accumulate at the rate of one point six seven
(1.57) 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 (l) 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 accumulate 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 Department Head concerned, an
employee may opt to accrue up to two (2) years vacation leave
for an extended vacation. For Department Heads, approval or
the City Administrator is required.
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 accrued 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 of written notice detailing
the reasons therefor and upon approval of the City Administrator.
An employee of the City for one (I) year or more shall, upon
termination, receive payment for all accrued unused vacation
time. No employee shall receive payment in lieu of vacation
while remaining in City service.
(18)
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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.
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. Eligible employees in the Police and Fire Departments
shall be granted benefits pursuant to Labor Code Sec.
4850 in lieu of sick leave in the case of industrial
illness or injury.
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 Check 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 employee 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 bils 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 attention as needed. The employee
should arrive at the medical facility/physician with a
Medical Service Order. These are available in every
department. If 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.
(19)
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b. The department concerned should send an Accident
Report to the Personnel Department within one working
day of the incident. It is from this document that
the Employer'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 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.
E. BEREAVEMENT LEAVE
All City employees shall be granted up to three (3) nonchargeable
bereavement leave days per fiscal year. Such leave shall not
be cumulative. Bereavement Leave may be taken when a death
occurs in the employee's or the employee's spouse's immediate
family. For the purpose of this section, immediate family is
defined as: Parents, Brothers, Sisters, Spouses, Natural or
Legally adopted Children, or Grandparents. Leave may also be
granted in the case of the death of others with whom the
employee'has a significant relationship. Such leave shall be
granted in the sole discretion of the City Administrator,
without any right to appeal.
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 super-
visor 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 the 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, Memorial
Day, Independence Day, Labor Day, Admission Day, Veteran's
Day, Thanksgiving Day, day following Thanksgiving, and Christmas
Day.
(20)
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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 preceeding Friday shall be granted as a
day off. Police Department Personnel who are subject to work
on holidays because of shift schedules 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, Assistant Fire Chief, Hazardous Materials
Specialist, 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 seven (7)
days of additional leave annually which is credited on July 1
of each year and is not cumulative.
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 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 credits shall not accumulate during the leave
of absence. Accumulated seniority prior to the leave of
absence_ will not be lost.
J. UNAUTHORIZED ABSENCES
Absence without justifiable reason for three (3) consecutive
working days shall constitute automatic 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 accumulated sick leave and lor 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 employees will be granted leave to care
for dependents as set forth in Emergency Leave (see Section
VI).
(21)
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L. PERSONAL LEAVE
Each employee will be granted Personal Leave annually. This
leave is credited and available to the employee on July I of
each year; it is not cumulative. The amount of Personal Leave
authorized is specified in the Memorandum of Understanding
with the appropriate bargaining unit. See Appendix A.
**M.
MILITARY LEAVE
Employees who are members of Military Reserve or National
Guard will be allowed up to thirty (30) days of leave with pay
annually for attendance at required annual training. The
amount of leave allowed will be in accordance with the training
period specified in verified official Military orders.
Employees will be granted up to three days leave without pay
per month to participate in required monthly Military Reserve
or National Guard drills. Such leave without pay will be on
dates specified in verified official Military orders.
(22)
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SECTION VII. SPECIAL PROCEDURES AND RECORDS
A. EMPLOYEE WELFARE (The provisions of this paragraph are in-
tended to be only a summary of current administrative policy.)
It shall be the policy of the City to maintain satisfactory
and healthful working 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 qualifying 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:
I. 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.
5. Departments will formally evaluate probationary employees
at the conclusion of their six-or twelve-month probation
period. The evaluation will be prepared in time to
recommend extension of probation or termination, if
warranted.
If necessary during the probation period, probationary
employees will be given constructive formal counseling.
Such counseling will be recorded on a form provided by the
administration and made a part of the employee's personnel
file.
Supervisors should use the formal counseling process to
tell probationary employees of the ways in which they are
performing well, as well as areas where improvement is
needed.
(23)
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Evaluations and counseling forms will be signed by the
evaluator/counselor and the employee, with a copy given to
the employee.
6. Permanent employees will be formally evaluated annually.
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 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 employee'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 personnel 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 changes in address, telephone, or emergency
contact person.
D. PAYROLL CHECKING. All payrolls drawn for classified personnel
shall be certified by the Director of Personnel prior to
approval by the City Auditor.
E. SERVICE AWARDS. It shall be the policy of the City to provide
a system for rewarding continous 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 tack, 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 - 14K gold emblem on selected jewelry.
lO Years of service - 14K gold emblem on selected jewelry
with one ( 1 ) 2 pt. diamond.
15 Years of Service - 14K gold emblem on selected jewelry
with two ( 2 ) 2 pt. diamonds.
20 Years of Service - 14K gold emblem on selected jewelry
with three ( 3 ) 2 pt. diamonds.
25 Years of Service - Watch and 14K gold e~blem on watchband
or selected jewelry Nith four ( 4 ) 2
pt. diamonds.
( 24 )
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30 Years of Service - 14K gold emblem on watchband or selected
jewelry with one (I) l2 pt. diamond.
35 Years of Service - l4K gold emblem on watchband or selected
jewelry with one (I) 14 pt. diamond.
40 Years of Service - 14K gold emblem on watchband or selected
jewelry with one (I) 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
in the Police Department. 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 application 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 E~~INATION. Any appointment to ~he 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 judgement oi
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
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 economy of the operation 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
a 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 improvements it provides.
(25 )
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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 employee 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
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 dismissal, suspension, demotion, and written reprimand (See
Section IV).
I. 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 within 10 calendar 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 resolved within
10 calendar 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.
4. If an adequate solution to the matter is not resolved
within 10 calendar 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, of the City Charter) shall hear this matter
and report its findings within 10 days, to the City
Council. The action of the City Council shall be final
subject to whatever 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
(26)
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v~ew 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
Commission 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. This hearing can
be a closed meeting if requested by the employee.
5. The Personnel Department will provide a checklist to be
used in order to ensure that each grievance is dealt with
in timely and proper manner. The checklist will be
initiated by a supervisor when he/she is first presented
with a grievance, and will be forwarded along with the
grievance and all responses thereto to each succeeding
step in the process until a final resolution is obtained.
*K. EMPLOYEE OF THE MON'fH: A committee composed of representatives
of each employee association is established to select a City
of Gilroy Employee of the Month. Employees so selected shall
receive appropriate recognition from the City Council and
shall be eligible for selection as Employee of the Year.
The Employee of the Year shall receive appropriate recognition
at an annual City picnic/barbecue event.
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SECTION VIII. MISCELLANEOUS PROVISIONS
A. APPOINTMENT TO THE GENERAL SERVICE. Appointments to positions
in the General Service by the City Administrator, with the
consent of the City Council (except for the City Administrator,
City Clerk and the City Attorney, who are appointed directly
by the City Council), 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 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 accumulate during a break in service which occurs
due to a suspension, 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
working hours 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.
E. TELEPHONE COURTESY. A person calling any place of business as
one of its current or potential customers expects courtesy,
and this affects that person's attitude towards the entire
company. Likewise, the citizens of Gilroy judge their municipal
government based on telephone conversations. Often the
telephone is the only contact a citizen has with the City
(28 )
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staff, and courteous telephone calls can greatly enhance the
image of the City and the staff. Employees should discuss all
matters with the same courtesy that they would appreciate, and
treat every call as if it were extremely important - because
it is!
Employees should remember to answer all calls promptly, use
proper identification, make inquiries tactfully, give their
undivided attention to the call, avoid unnecessarily long
conversations, and treat the telephone as one of their most
valuable business tools. Keeping a caller on "hold" for long
periods of time is very poor practice. If information must be
researched, it is better to take the caller's number and
return the call promptly.
F. TELEPHONE USE POLICY.
1. The City of Gilroy telephone system in all departments is
for official city business and is not intended fer personal
or private use. The city administration discourages
personal local calls by employees.
2. Personal long distance or toll calls that must be made
from the work place which interfere w~th the job are not
to be made. When a personal toll call must be made from
the workplace, the call is to be charged to the employee's
'personal telephone credit card or home number.
3. When making an official long distance or toll call, the
following will be accomplished.
a. Log each long distance call on the appropriate formo
Logs are available from the Purchasing Agent.
* "800", collect out calls, and "Information" calls
do not have to be logged.
* Each department will be responsible for auditing
long distance calls on assigned numbers.
b. The question should be asked, "Can this call be placed
at a time the rates are lower?" Consideration should
be given to other time zones.
c. Organize information to make maximum use of the time.
d. When the person being called is not immediately
available, employees are to try to avoid being placed
on hold. Attempt to ask them to return the call.
(29 )
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e. Avoid placing a phone call when correspondence will
suffice.
f. Employees are to check with frequently called business
firms to see if they have an "800" number, or if they
will accept collect calls.
(30)
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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 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
compensating time off (CTO) or being paid for the accrued
overtime in the next scheduled paycheck.
** 2. Police Department. All employees within the GPOA bargaining
unit shall be compensated at the rate of tirne-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 have the option of accruing a maximum of
forty (40) hours.
Any employee called back to work, including court appearances,
shall receive a minimum of three (3) hours compensation,
calculated at time and one-half (1 1/2).
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 hour 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 compensated for a minimum of two (2) hours
at time and one-half (I 1/2) pay, with time and onehalf (I
1/2) pay for all additional time worked over two (2)
hours.
Employees called back during a holiday will be compensated
on the above schedule, but at a double time rate.
* Provisions do not apply to management group
(31)
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l~ Police De~ment. The employee stan'-'g by at his
residence or reached immediately by a~lroy telephone
shall be reimbursed at one-half (1/2) of his regular
hourly pay.
2. Miscellaneous Employees. Standby duty shall be rotated
among employees on a seven (7) day basis. Employees on
seven-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.
*C. EDUCATION INCENTIVE*
1. Other than GPOA Bargaining Unit Sergeants, Police Officers,
Multi-Service Officers and Community Services Specialist:
Courses must be applicable towards a degree and usable
by the particular employee in their employed capacity
or for advancement within the City classification.
a. *l% increase for employees completing thirty (30)
college semester units, or possession of a Basic Post
Certificate.
b. *l 1/2% additional increase for employees completing
sixty (60) college semester units or possession of an
Intermediate Post Certificate.
*not to exceed 2-1/2%
c. For members of the Miscellaneous employees bargaining
unit and for confidential employees, Adult Education
classes shall be included in the Education Incentive
Plan for purposes of compensation. Classs 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 recommendation from the employee's
Department Head.
2. GPOA Bargaining Unit Sergeants, Police Officers, Multi-
Service Officers and Community Services Specialist:
a. 2-1/2% increase for employees possessing an Associate
of Arts Degree or an Intermediate P.O.S.T. certificate.
b. 2-1/2% aditional increase for employees possessing
a Bachelor's (or higher) Degree or an Advanced
P.O.S.T. Certificate.
c. Maximum payment under the above is 5%.
3. Supervisors Unit:
Each member of the Supervisors Unit shall be entitled to
draw up to $350 for education and training materials,
aids, and expenses for attendance at professional conferences
and/or tuition and fees incurred in the course of attendance
in any job-related course of instruction at any accredited
school, as authorized by the Department Head, and approved
by the City Administrator.
*
provisions do not apply to management group
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D. UNIFORM ALLOWANCE
I. Uniformed members of the Police Department:
a. Initial uniform allowance $200.
b. Police Records Clerks initial uniform allowance of
$150 and an additional $50 if upgraded to Police
Officer.
c. Sworn personnel shall receive $50 per month, paid as
$150 each quarter.
d. Non-Sworn personnel shall receive two payments of $125
each to be paid on July I, and January 1, for a total
of $250 annually.
e. Payments to non-sworn personnel shall be prorated at
$20.84 per month according to entry into Police
Service. Payments for sworn personnel shall be
prorated at $50 per month.
f. Personnel terminating shall reimburse the City for
unearned uniform allowance at the rate of $20.84 per
month (non-sworn) or $50 per month (sworn).
g. City will 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 $442 uniform allowance per
year, paid in two installments of $221 each with the
June 30 and the December 31 pay check.
c. The appropriate employees will receive two sets of
turnout gear.
3. Other Emplovees
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, or a quality comparable to the J. C. Penney
shirt, to field employees in the Parks and Recreation
Department or the Public Works Department.
<33 )
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*c. The City shall provide, through a laundry rental
service, three coveralls per week to employees in the
Equipment Maintenance Shop
*E. HEALTH INSURANCE
I. The City shall contribute an amount per employee per month
for health and dental insurance in accordance with the
terms of the Memorandum of Understanding (MOU) of each
employee bargaining unit. See Appendix A.
*F. LDNG TERM DISABILITY INSURANCE
See Appendix A.
*G. LIFE INSURANCE
The City will provide group life insurance coverage in accordance
with the respective M.O.U.s; see Appendix A.
H. MEALS
1. Employees in the Miscellaneous unit shall be provided a
meal at City expense if they are required to work ten
hours or more in a single working day, in accordance with
the terms of their respective MOU.
Subject work must also conform to the overtime approval
requirements.
2. Employees in the Fire bargaining unit shall be provided a
meal at City expense for callbacks or shift hold overs in
accordance with their MOU.
3. Employees in the Police bargaining unit shall be provided
a meal at City expense in accordance with their MOU and to
side letter concerning the 4/10 scheduling plan.
( 34 )
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I. BILINGUAL
Employees of the Police and Fire Department who demonstrate
the ability to communicate effectively in both English and
Spanish will be compensated at the rate of an additional 2
1/2% of their respective base salary in whatever step they may
be.
J. WORKING OUT OF CLASSIFICATION
1. Members of the Miscellaneous Employees bargaining unit who
are assigned by their supervisor, with Department Head
approval, to perform the duties of a higher classification
for more than 21 working days in a calendar year shall be
paid for each successive hour at the rate assigned to the
higher classification at the same step the employee holds
in his/her permanent classification.
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 classification subject to
the following conditions:
a. The assignment will be verified and approved 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.
c. The rate paid in the higher class is at the same step
as the employee holds in his/her permanent classification.
d. Until Base Pay increases to provide equal or greater
amounts, Out of Classification Pay shall be based on
pay rates in effect on June 30, 1983.
3. Members of the Police Employees bargaining unit do not
receive Out of Classification Pay unless authorized under
terms of their MOU.
No part of this section shall be interpreted to deny any
employee acting in the capacity of Supervising Officer
and/or acting watch commander (AWC) from receiving overtime
pay in accordance with past practices.
SECTION X CITY ADMINISTRATOR'S MEMORANDA AND DIRECTIVES
(35 )
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CITY OF GILROY
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PERSONNEL RULES AND REGULATIONS
APPENDIX A
Effective July I, 1984
I. Personal Leave. Following is the number of hours of Personal
Leave authorized per fiscal year to members of the indicated
bargaining units.
A. Supervisory and Management Units: 24 hours
B. Confidential Employees: 32 hours
C. Miscellaneous General Unit: 16 hours
D. Fire Department personnel on
shift schedule: 24 hours
E. Police Unit: 8 hours
2. Health Insurance. The City contributes an amount per employee
per month for health and dental insurance as follows:
A. Fire bargaining unit:
B. Police bargaining unit:
effective April 1, 1985:
C. Miscellaneous bargaining unit:
effective April 1, 1985:
D. Management unit:
Police management:
Police effective April I, 1985:
E. Confidential unit:
effective April I, 1984:
$197.00
$197.00
$217.00
$197.00
$207.00
$197.00
$177.00
$197.00
$150.00
$160.00
3. LONG TERM DISABILITY INSURANCE. The City will contribute up
to the following amounts per employee per month for approved
long term disability insurance programs:
A. Police bargaining unit:
B Fire bargaining unit:
(effective January I, 1985)
$23.00
$ 6.00
4. LIFE INSURANCE. The City provides group life and accidental
death and dismemberment insurance for employees in accordance
with the respective M.O.U.s, as follows:
A Management unit: $20,000
B. Supervisory, Confidential and
Sworn Police unit members: $15,000
C Miscellaneous General, Fire and
Police non-sworn unit members $ 5,000