Resolution 1987-30
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RESOLUTION NO, 87-30
RESOLUTION OF THE COUNCIL OF THE CITY OF
GILROY ADOPTING 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 April 20, 1987, and consisting of a
Table of Contents, thirty eight 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 20th day of April 1987,
by the following vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
NOES:
ABSENT:
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City C er
RESOLUTION NO. 87-30
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NOTE: ITEMS IN BOLDFACE TYPE INDICATE SIGNIFICANT CHANGES
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CITY OF GILROY - PERSONNEL DEPARTMENT
PERSONNEL RULES AND REGULATIONS
Adopted by City Council
Resolution No.
Date:
TO: The City of Gilroy Employees, Commissioners, City Council, and
other interested individuals. This document has bee.n prepared
to incorporate procedures and benefits in governing the
personnel activities of this City as a supplement to the
Gilroy City Code, Section 17, and the Gilroy City Charter,
Article X.
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CITY OF GILROY
MAYOR
Roberta H. Hughan
CITY COUNC IL
Sharon A. Albert
Donald F. Gage
Paul V. Kloecker
Larry Mussallem
Daniel D. Palmerlee, DDS
Pete Valdez, Jr.
PERSONNEL COMMISSION
Chairman - Anthony P. Lerma
Vice-Chairman - John C. Bellis
Commissioner - Patricia Golden
Ccmmissioner - Maryann Mattos
Ccmmissioner - Harry J. True
CITY ADMINISTRATOR
Jay Baksa
PERSONNEL DEPARTMENT
Personnel Director
Personnel Secretary
Personnel Clerk
John P. Booth
Patricia A. Good
Judy A. Diaz
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TABLE OF CONTENTS
SECTION I THE CLASSIFICATION PLAN
A. Nature of Classification Plan
B. Maintenance of the Classification Plan
C. Non-Discrimination Policy
SECTION II THE PAY PLAN
A. Nature of Pay Plan
SECTION III RECRUITMENT, SELECTION AND APPOINTMENT TO
THE COMPETITIVE AND GENERAL SERVICE
A. Examination Announcements
B. Applications for Examinations
C. Competitive Examinations
D. Eligible Lists
E. Appointment from Eligible Lists
F. Probationary Period
G. Anniversary Date of Hire
H. Provisional Appointments
I. Transfers
J. Promotional Lists
K. Open Competitive Lists
L. Reappointments
M. Temporary Appointment
SECTION IV SEPARATIONS AND DISCIPLINARY ACTIONS
A. Resignations
B. Terminations
C. Layoff
D. Dismissals, Suspensions and Demotions
E. Contract Grievance, Police and Fire
Bargaining Units
F. Retirement
G. Disability
H. Employment Application Misrepresentation
I. Nature of Disciplinary Action
J. Exit Interviews
SECTION V CAUSES OF REMOVAL, SUSPENSION, OR DEMOTION
SECTION VI LEAVE OF ABSENCE, VACATION A~~ SICK LEAVE
A. Vacation
B. Sick Leave
C. Sick Leave for Job Connected Injury
D. Emergency Leave
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E. Bereavement Leave
F. Court Duty
G. Holidays
H. Administrative Leave
I. Leave .of Absence Without Pay
J. Unauthorized Absences
K. Pregnancy Leave
L. Personal Leave
M. Military Leave
N. Educational Time Off
SECTION VII SPECIAL PROCEDURES AND RECORDS
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 Examinations
I. Suggestion Plan
J. Grievance Procedure
K. Employee of the Month
SECTION VIII MISCELLANEOUS PROVISIONS
A. Appointment to the General Service
B. Break in Service
C. Seniority and Pay Status as a Result of
Break in Service
D. Outside Employment
E. Telephone Courtesy
F. Telephone Use Policy
SECTION IX FRINGE BENEFITS
A. Overtime
B. Standby
C. Education Incentive
D. Uniform Allowance
E. Health Insurance
F. Long Term Disability Insurance
G. Life Insurance
H. Meals
1. Bilingual
J. Working Out of Classification
K. Continuation of Group Health Coverage
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SECTION X POLICY CONCERNING USE OF CITY-OWNED VEHICLES 38
SECTION XI CITY ADMINISTRATOR~S MEMORANDA AND DIRECTIVES 38
APPENDIX A
1. Personal Leave
2. Health Insurance
3. Long Term Disability Insurance
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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. The classification pla~ can be
summarized as follows:
1. A grouping into a single class, with a common class title,
of all positions which are essentially similar with
respect to the nature of the work performed, and which are
of approximately equal difficulty and responsibility.
2. Written class specifications containing, in addition to a
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 assignment of
duties to an employee in any way. However, assignment of
a substantial volume of higher grade or lower grade dutips
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, authoritative 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 employee's position into its
place in an overall occupational inventory, it is necessary
that it be adjus:Ed 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 appropriate for
allocation to one of the established classes in the
classification plan, the classification action of the
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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 administration 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.
(2)
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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, 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 commensurate to the available position.
Call back shall be based upon ability 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 recommended by the Department Head and
approved by the City Administrator.
(3)
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SECTION III: RECRUITMENT, SELECTIO~ 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
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 examination to be given, the prescribed rates
of pay for the position, and any other information 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 announcement. The Director of
Personnel shall notify in writing those persons whose applications
have been rejected as not qualifying for the examination and
shall notify accepted applicants in writing of the time and
place of examination.
Applications may be rejected for any of the following reasons:
1. Failure of the applicant to show reasonable conformity
with the announced requirements for the 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 Af:~rmative Action data with a particular applicant.
C. COHPETITIVE EXAMINATIO~S. The relative merit of applicants
for appointment 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 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 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 in
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 Secticn
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 supporting reasons from the
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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 from
the "satisfactory" list. The Department Head shall notify the
City Administrator of his selection. The City Administrator,
after reviewing the Department Head's recommendations, may
make the appropriate appointment. The selectee shall be
directed to report to the Personnel Office for appointment
processing on the first day of duty.
F. PROBATIONARY PERIOD. An appointment made from an eligible list
shall be subject to a probationary period of twelve months, subject
to a Department Head action as set forth hereinafter. The probation-
ary period for promotions of Miscellaneous permanent personnel
shall be six months. 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. Such employee has no right to hearing or appeal~
The Director of Personnel, upon approval 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, nor to status in the Personnel
system. 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 satisfactory 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 annual salary review and advancement
date shall be the date of that six-month advancement.
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 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 APPOINTI1ENTS. w~en 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 r~cruitment 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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TRANSFERS. A~mP10yee who has completed hiS~ 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.
For members of the Police Bargaining Unit, examinations for promo-
tional appointments will conform to the provisions of the agreement
between the Unit and the City dated February 18, 1985, which
addresses:
1. Study and reference materials
2. Right to inspect
3. Oral interviews
4. Exam standards
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
a"d 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. ~~en a vacancy cannot be filled by
use of a promotional list, the open competitive eligible list
shall be used for the vacancy.
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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 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. TER~INATIONS. 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.
SE~IORITY. 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 issue a layoff list.
2. The order of layoff shall 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
rigt~s 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.
(0)
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All voluntary demotions resulting from layoff notice ~hall
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
voluntary demoLed as above shall be credited with total City
service seniority, rather than seniority in classification, in
event of layoff.
RE-EMPLOTI1ENT
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 consideration of sucr application in lig~t
of former service. Nothing in this procedure assigns any
rights to such persons.
D. DISMISSALS, SUSPENSIONS, AND DEMOTIONS. Dismissal powers are
vested by the City Charter in the appointing authority who is the
City Councilor the City Administrator. In accordance with section
1003 of the Charter, the following procedures are established
relative to dismissals or suspensions without pay and demotion.
Reasons for dismissals are set forth in Section V of these rules.
Employees appointed 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 a~d 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 himself or fellow employees,
(11)
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or to City property, and where the employee is accused of such
on the job offenses as drunkeness, theft, assault,
drug abuse, moral turpitud'e 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 employee retains full right of
appeal.
3. When dismissal, demotion, or suspension is to be recommended,
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
counsel at his/her expense at such a hearing. The employee
must request such a hearing within 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
recommendation that will be made. The employee will be
advised that he/she has the right to a hearing before the
Personnel Commission on the department head's intended recom-
mendation. If the employee does wish to have the matter heard
by the Personnel Commission, he/she must so request in writing,
delivered to the Personnel Director within ten (10) calendar
days of the department head's notification of final decision.
5. The Personnel Commission shall commence a hearing thereon at
their next meeting. The hearing, open or closed at the option
of the employee, 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
times to maintain orderly procedures and to restrict the
hearing to facts relevant to the complaint. In hearing the
appeal, the Commission may require the department head to place
his/her accumulated written evidence before them first, followed
by the case of the appellant. Both sides may be entitled to
counsel, if they so desire. The appellant shall bear expresses
of his/her counsel.
6. In accordance with City Charter section 1003, the Personnel
Commission shall report its findings and recommendations 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.
(12)
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7. As an alternative to the~rocedure described in paragraph 4,
5, and 6 above, the employee shall have the option of appealing
the Department Head's recommendation to the City Administrator,
rather than to the Personnel Commission. Such appeal must 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 counsel at
his/her own expense. The City Administrator shall inform the
employee of the final decision in writing. The procedures
described in subsequent pacagraphs then apply.
An employee who chooses to appeal directly to the City Admin-
istrator thereby waives any right to a hearing by the Personnel
Commission.
8. An employee upon whom 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 witnin ten (10) calendar days of receipt of the
City Administrator'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
below.
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 the records, findings, and conclusions of the
Personnel Commission (if applicable) and of the City Adminis-
trator, and may, at its option, request such further eviden~e
as the Council deems necessary. The Council shall, within
twenty-one (21) calendar days after commencing its review of
the personnel commission proceedings (if applicable) and the
City Administrator's action, make a final decision adopting,
modifying, or revising the decision of the City Administrator
and may make and substitute such other final decision or
determination as if may deem just and proper.
11. From 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, although he/she
may be suspended from 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 without
pay, the employee is in an unpaid non-duty status through the
appeal process (if used); if on appeal the employee is reinstated
to duty, he/she will receive back pay for the period in an
(13)
.
.
unpaid status. Similarly, 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.
12. Vacancies created under this section may be filled by the
appointing authority by provisional appointment pending
the completion of any proceedings taken hereunder.
E. CONTRACT GRIEVANCE, POLICE AND FIRE BARGAINING UNITS. Members of
the Police Bargaining Unit and of Fire Bargaining Unit may elect the
following alternative method of resolving grievances; Any dispute
between the City and an employee, or between the City and the Employee
Organization regarding:
a. suspension without pay, demotions or removals (except during
probationary period) and/or;
b. the interpretation or application of any Article in the
applicable Memorandum of Understanding ("Agreement"),
shall be considered a "contract grievance." Any affected employee(s)
may elect to process a "contract grievance" under the process set
forth in the City Charter or the Personnel Rules. In order to
elect the procedure provided herein the affected employee must give
written notice of his/her intent to proceed under this contract
article at the time the grievance is filed. Such written election
shall be on a form provided by the CITY and shall contain an
unequivocal and unconditional waiver of the right to proceed, under
the terms of the City Charter and/or the Personnel Rules, to the
Personnel Commission or the City Council in consideration of being
granted the right to proceed to arbitration under the contractual
procedure. In no event will an employee be allowed to pursue more
than one appeal or grievance procedure.
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 and
shall clearly set forth the basis for the grievance. The immediate
supervisor(s) and each reviewing officer, thereefter, shall prepare
a written report of the results of their efforts to solve this
grievance.
1. Initially, all 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 division head or
equivalent level Management employee as designated by
~fanagement as appropriate. The 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.
(14)
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3. In the event the matter is not ade~uately resolved ~ithin
10 calendar days at the division head (or equivalent)
level, the division head, at the employee's request, shall
- present the matter to the Department Head. This presentation
shall be made in the presence of the ernr1oyee. The
employee shall be allowed adequate :ime to present his/her
side of the ~atter.
4. In the event the matter is not adequately resolved ~ithin
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 the response received from the immediate supervisor
and the Department Head.
S. If an adequate solution to the matter is not resolved
within 10 calendar days at the City Administrator level,
the employee shall request, in ~riting, that the ~hole
matter, on the same basis, proceed to final and binding
arbitration.
6. In matters involving discipline, the arbitrator shall have
the authority to determine w~ether the City, in taking the
disputed disciplinary action, had just cause for such
action, as cause is specifically defined by Section V of
the Personnel Rules and Regulations ent".tled "Causes of
Removal, Suspension, or Demotion," and shall have authority
to uphold, reduce or set aside the discipline including
reinstatement and restoration of back salary.
7. In matters involving the interpretation o~ application of
this Agreement, the parties agree that the arbitrator
shall not add to, subtract from, change or modify any
provisions of this Agreement and shall be authorized only
to apply existing provisions of the Agreement.
8. The Arbitrator shall be selected by the alternative strike
method from a list provided by the State Mediation and Con-
ciliation Service or such other method the parties may select.
9. The CITY and Employee (or Association) shall share equally
cost of the arbitrator, including both fees and expenses.
Each party, however, shall bear the cost of its ~resentation
including preparation and post hearing briefs.
(15)
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F. RETIRL~ENT. All full-time employees shall retire as set forth
in the requirements of the established retirement plan.
The provisions of this subsection shall not apply to persons
employed for a special or temporary purpose.
Employees retiring under these provisions, or other conditions
approved by the City Council, may be presented with an appropriate
gift which shall not have a purchase price in excess of fifty
(50) dollars.
G. Disability. An employee may be separated for disability when
a chronic or frequently recurring mental or physical condition
renders him/her inefficient or incapable of performing the
duties of the position. 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 examination by a medical examiner
designated by the City, and if the results of the examination
indicate 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 rehabilitation
measures as prescribed by law.
Non-job related disability may entitle the employee to compensation
via the Public Employees' Retirement (PERS)
H. EMPLOTIfENT APPLICATION MISREPRESENTATION. An employee may be separated
by disqualification, that is, for failure to meet conditions
specified or for falsification of employment application.
I. NATURE OF DISCIPLINARY ACTION. In addition to dismissal, demotion, and
suspension, a disciplinary action may also consist of a reprimand.
A suspension is a temporary, without pay, status levied as a penalty
for an offense where the cause is not sufficiently grave for
dismissal. A suspension must be approved by the appointing authority.
(16)
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The procedure for effecting a demotion 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 serious enough
for suspension, demotion, or dismissal.
J. EXIT INTERVIEWS.
When an employee 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 from the employee's perspective, benefit from any suggestions the
employee may have, and document the reason for leaving City services
as perceived by the employee.
Normally the Personnel Director will conduct the exit interview.
When circumstances make it advisable, the Personnel Director may request
that the Department Head conduct the interview.
The City provides a form on which the interviewer records a
summary, not necessarily verbatim, of the employee's comments. The
employee is requested to initial the form and it is subsequently initialed
by the Department Head (if not the interviewer) and submitted to the
City Administrator.
Concurrently with the above, the Department Head completes a form,
provided by the City, which records his/her perceptions of the employee
and other aspects of the employment experience. This form is also
submitted to the City Administrator.
(17)
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SECTION V. CAUSES OF REl'10VAL, SUSPENSION, OR DEHOTION
l'1alfeasance, 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, including conviction following a plea of "nolo contendere."
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 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. seq.
in Chapter 9.5, entitled "Politcial 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.
(18)
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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 committing or
attempting any fraud in connection with the examination
process.
(19)
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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 (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 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 of
the City Administrator is required.
With a minimum of two (2) weeks advance written
approval of the City Administrator, an employee
a salary advance equaling the accrued vacation.
shall apply to a minimum of one week vacation or
notice and the
may be issued
This paragraph
more.
Vacation ~ime 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 (1) 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.
(20)
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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.
Employees are required to notify their supervisor or his/her
designee not later than the start of each duty day that they
must be absent due to illness.
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 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 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.
(21)
b.
The d4ltrtment concerned should send atltccident
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 (72 hours for
Fire Department personnel on 24 hour shifts) to care for
sick dependents. Dependents will include spouse, children, or
other relatives presently living with the employee. For Miscel-
laneous General and Supervisory Bargaining Unit Employees only,
dependents are defined the same as for Bereavement Leave. The
employee is given the option of deducting this leave from either
his/her accumulated sick leave or his/her accumulated sick leave
or his/her earned vacation.
E. BEREAVEMENT LEAVE
All City employees shall be granted up to three (3) non-chargeable
bereavement leave days per fiscal year. (48 hours for Fire
Department Personnel on 24 hour shifts.) 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
DaYt Independence Day, Labor Day, Admission Day, Veteran's
Day, Thanksgiving Day, day following Thanksgiving, and Christmas
~ay.
(22)
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When a regular holiday falls on Sunday, the following Mcnday
shall be granted as a day off, and when a regular holiday
falls on Saturday, the preceding Friday shall be granted as a
day off. 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
afproved 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) .
(23 )
.
.
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 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 (144 hours for Fire
Department Personnel on 24 hour shift) 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.
N. EDUCATIONAL T]ME OFF
Members of the Fire bargaining unit only may be granted time off
to attend accredited classes as specified in their current MOU.
(24)
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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:
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.
5. Departments will formally evaluate probationary employees
at the conclusion of their 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.
(25)
.
.
Evaluations and counseling forms will
evaluator/counselor and the employee,
the employee.
be signed by the
with a copy given to
6. Permanent employees will be formally evaluated annually.
C. PERSONNEL RECORDS. The Personnel Department shall maintain a
service record card for e~~h employee showing the original
date of employment, the original classification and pay rate
of the employee's position, 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 continuous service to the City by the
employees of the various departments by awarding pins and such
other awards as herein provided.
The employees will be given a choice of either a tie 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.
10 Years of service - 14K gold emblem on selectee 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 emblem on watchband
or selected jewelry with four (4) 2
pt. diamonds.
(26)
.
.
30 Years of Service - 14K gold emblem on watchband or selected
jewelry with one (1) 12 pt. diamond.
35 Years of Service - 14K gold emblem on watchband or selected
jewelry with one (1) 14 pt. diamond.
40 Years of Service - 14K gold emblem on watchband or selected
jewelry with one (1) 16 pt. diamond.
These awards shall be presented by the Mayor at appropriate
ceremonies. It shall be the duty of the Director of Perscnnel
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 and Fire Departments. 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 has with two
concurrently active collections on that employee.
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. Employees eligible for
normal retirement must successfully pass an annual physical
examination as one condition of continuing active employment.
I. SU~GESTION 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.
(27)
.
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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).
1. Initially, all employee grievances should be directed to
the immediate supervisor for solution.
2. In the event this employee-supervisor meeting does not
answer or solve within 10 calendar days the employee's
problem or complaint, the supervisor, at the employee's
request, shall present the matter to the next level of
supervision within the department concerned. That super-
visor and any higher level supervisor(s) in the department's
normal chain of command, shall attempt to resolve the
grievance. Each level of supervisor shall respond in
writing to the grievant within 10 calendar days of receipt
of the grievance. If the grievance is not resolved at a
level below Department Head, the supervisor immediately
subordinate to the Department Head, 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.
(28)
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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 impartia~ decision may be made. The Commi?sion
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, anc will be forwarded along with the
grievance and all responses thereto to each succeeding
step in the process until a final resolution is obtained.
6. Members of the Police and Fire Bargaining Units may elect
to pursue an alternative method of resolving grievances. See
Section IV E.
K. EMPLOYEE OF THE MONTH: 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.
( 29)
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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 ahd 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
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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 for 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 with 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 form.
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.
(31)
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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.
( 32)
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SECTION IX. FRINGE BENEFITS
A. OVERTlME*
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, within limitations
prescribed by the federal Fair Labor Standards Act and
applicable Memorandum of Understanding.
2. Police Department. All employees within the GPOA bargaining
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 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. Overtime shall be paid for hours in excess of
normally scheduled work hours in accordance with their M.O.U.
Shift overtime shall be paid at a rate of time and one half based
on a 56 hour work week. Call-back time, (fires, drills, classes,
meetings, etc.) shall be paid at the forty-hour conversion formula
(base hourly rate x 1.4 x 1.5). For hours not contiguous to their
work schedule, they shall receive a minimum of 2 hours at the
appropriate rate. Employees have the option of taking compensatory
time off up to a maximum of 96 hours per year (July I to June 30)
in minimum increments of 3 hours subject to all normal approval
processes by the Department. In addition, they may accumulate up
to the maximum number of hours allowed by the Fair Labor Standards
Act. On June 30th of each year, personnel will be paid for any
hours in excess of 96 hours that they have in their CTO bank.
4. Other Employees. Employees called back during off-duty
*
Provisions do not apply to management group
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hours shall be compensated for a m1n1rnum of two (2) hours
at time and one-half (1 1/2) pay, with time and one-half (1
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.
B. STANDBY*
1. Police Department. The employee standing by at his
residence or reached immediately by a Gilroy telephone
shall be reimbursed at one-half (1/2) of his regular
hourly payor the employee shall be called back to duty
and be reimbursed at the appropriate 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. *1% increase for employees completing thirty (30)
college semester units, or possession of a Basic Post
Certificate.
b. *1 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 ~embers 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. 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 recommendation from the employee's
Department Head.
2. GPOA Bargaining Unit Sergeants, Police Officers, Multi-
Service Officers and Community Services Specialists:
*- Provisions do not apply to management group
( 34)
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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% additional 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 $400 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.
D. UNIFORM ALLOWANCE
1. 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 1, 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 emplcyee will receive $442 uniform allowance per
year, paid in July.
c. Employees with Fire Suppression responsibilities
receive two sets of turnout gear.
(35)
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3. Other Employees
a. One pair of safety shoes per year, of a quality equal
to the Red Wing, or Sears Safety shoe for all employees
requesting them who in the normal course of their
duties, lift or carry heavy objects, or who work in,
on, or around moving machinery.
b. The City shall furnish six shirts and patches per
year, of a quality comparable to the J. C. Penney
shirt, to field employees in the Parks and Recreation
Department 0r the Public Works Department.
c. Employeest by Divisiont may elect to purchase a mutually
agreed upon standard work pant in lieu of a portion of
the provided work shirts. No additional costs shall accrue
to the CITY.
d. The City shall provide, through a laundry rental
service, three coveralls per week to employees in the
Equipment Maintenance Shop
E. HEALTH INSURANCE
1. The City shall contribute an amount per employee per month
for health and dental insurance in accordance with the
terms of the Nemorandum of Understanding (MOU) of each
employee bargaining unit. See Appendix A.
F. LONG 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.sj 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 confor~ to the overtime approval
requiremen~s.
2. Employees in the Fire bargaining unit shall be provided a
meal at City expense during overtime hours worked 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.
(36)
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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 General and Supervisory
Employees bargaining units who are assigned by their supervisor,
with Department Head approval, to perform the duties of a higher
classification for more than 15 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. Out of classification pay should be provided for out of
classification assignments of one (1) hour or greater only.
e. 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 (AWe) from receiving overtime
pay in accordance with past practices.
K. CONTINUATION OF GROUP HEALTH COVERAGE
The Federal Consolidated Omnibut Budget Reconciliation Act of 1985
(COBRA) requires that the CITY provide limited continuation of group
coverage under certain circumstances, for the City of Gilroy, this
takes effect upon renewal of the plans:
March 1, 1987 for dental and April 1, 1987 for medical.
( 37)
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Continued group coverage is for either 18 or 36 months as follows:
18 months: for the employee and dependents, when the employee
leaves employment with the CITY for reasons other than gross
Misconduct.
36 months:
1. A spouse who loses group coverage because of divorce or legal
separation, or the death of the employee.
2. A dependent child who marries or reaches the age limit for
group coverage, or change in custody.
Continuation coverage will terminate when:
1. The applicable time limit (18 or 36 months) has expired.
2. The employee or dependents become entitled to Medicare benefits.
3. The covered person(s) does not comply with the rules for payment.
4. The CITY terminates all group health plans.
5. The employee or dependents become covered under any other group
health plan.
The eligible employee and/or dependents must request group con-
tinuation coverage within sixty (60) days after the event which
caused eligibility.
The employee or dependent who chooses group continuation coverage
must pay to the CITY 102% of the monthly premium. Rates are subject
to change when the CITY group rate changes.
SECTION X POLICY CONCERNING USE OF CITY-OWNED VEHICLES.
The City of Gilroy provides vehicles to a few City employees for
the conducting of City business. The following are the City
policies in regards to such use.
1. In certain cases an employee is assigned a vehicle in the
performance of his/her daily duty. The vehicle is used on
the job site and returned to a City designated area at the
end of the workday. The vehicle is not to be used for
personal purposes, including the commute to and from home.
2. In other cases, employees are from time to time directed
to take a Citj-owned vehicle home with them for use in
case of emergency call outs. Such vehicles would include
all police vehicles, marked fire vehicles, and specialized
utility repai~ trucks. Such vehicles are not to be used
for personal use except as required in order to take the
vehicle to the employee's home and de minimus personal use
enroute.
Use of police and fire vehicles for personal use other
than commuting, when required in order to allow the
employee to respond at any time in performance of City
business, will be addressed by separate policy.
(38)
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3. Some specified employees are permitted to use a City-owned
vehicle to commute to and from their home and their
worksite. Such vehicles are expressly ~ot to be used for
personal purposes other than commuting or de minimus
personal use (such as a stop for a personal errand on the
way between the employee's home and worksite).
In compliance with regulations of the Internal Revenue
Service, use of a City-owned vehicle by an employee only
for commuting and de minimus personal purposes will be
reported to the Internal Revenue Service as a taxable
fringe benefit at the rate of $1.50 per one-way trip of
such use or by an amount determined by the actual mileage
calculation. In the latter case the employee must keep an
up to date monthly mileage;record in his/her vehicle, and
the employee's W-2 form will reflect the actual mileage of
personal use times the IRS-approved rate per mile (currently
21c).
In reporting this taxable fringe benefit to the IRS, the
City will:
a. Once the method of calculation (per trip or per mile)
is agreed upon with an employee, that method will be
used for that employee for the entire tax year. In
the City of Gilroy the tax year includes monthly
paychecks received December 1 through November 3D.
b. The City will not withhold taxes on the vehicle use
benefit. The value for the taxable use will be
inr.luded annually in gross income on the employee's W-
2 form, without increase in withholding.
SECTION Xl CITY ADMINISTRATOR'S M~10RANDA A~~ DIRECTIVES
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CITY OF GILROY
PERSONNEL RULES AND REGULATIONS
APPENDIX A
Effective July 1, 1986
1. 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 and
Fire Department personnel working
a 40-hour work week: 16 hours
D. Fire Department pe~sonnel on
shift schedule: 24 hours
E. Police Unit: 8 hours
Personnel on 4-10 plan 10 hours
2. Health Insurance. The City contributes an amount per employee
per month for health and dental insurance as follows:
A. Fire bargaining unit:
effective April 1, 1987:
B. Police bargaining unit:
not to exceed
$227.00
$237.00
$243.00
C. Miscellaneous bargaining unit: $221.28
effective April 1, 1987: Not to exceed $231.28
D. Management unit: Same as Miscellaneous
Police management: $243.00
E. Confidential unit:
Same as Miscellaneous
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:
$23.00
$ 9.50
4. LIFE INSURANCE. The City provides group life and accidental
death and dismemberment insurance for employees in accordance
v~th 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
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 87-30
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
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 23rd day of April,
20th
day of April,
19~, at
19 87.
(Seal)