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Resolution 1987-30 " . . 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: ~TT T: ~ t. qj!/f2;j: City C er RESOLUTION NO. 87-30 l . . NOTE: ITEMS IN BOLDFACE TYPE INDICATE SIGNIFICANT CHANGES f . . 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. C t . 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 . t T . . 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 PAGE 1 1 1 2 3 3 4 4 4 5 5 6 6 7 7 8 8 8 9 9 10 10 10 10 11 14 16 16 16 16 17 18 20 20 21 21 22 . 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 . 22 22 22 23 23 23 23 24 24 24 25 2S 25 26 26 26 27 27 27 27 28 29 30 30 30 30 30 30 31 33 33 34 34 3S 36 36 36 36 37 37 37 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 . . [ NOTE: ITEMS IN BOLDFACE TYPE INDICATE SIGNIFICANT CHANGES] 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 (1) . . 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) . . 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) . . 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) . . 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 2:"'......"r:=-~.....-.,....,- ~.,+-h,-.......~......,,-, . . 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) . . 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) 1. 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. ( 9 '\ ~, . . 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) . . 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) . . 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) T . . 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) . . 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) . . 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) . . 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) . . 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) . . 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) . . 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) . . 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) . . 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) . . 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) . . 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) . . 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) . . 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) . . 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 (30) . . 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) . . 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) . . 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 ( 33) ~ . . 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) , . . .- 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) . . . ~ 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) . ~ . . i 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) ^ ~ . . , 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) ~ # . . ~ 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 (38) " . . " 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 . . ,I' 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)