Resolution 1987-73
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RESOLUTION NO. 87-73
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 October 19. 1987. and consisting of a
Table of Contents, thirty-nine 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 19th day of October 1987.
by the following vote;
AYES:
COUNCILMEMBERS : ALBERT. KLOECKER. MUSSALLEM.
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: NONE
COUNCILMEMBERS: GAGE
NOES:
ABSENT;
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Mayor
RESOLUTION NO. 87-73
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CITY OF GILROY - PERSONNEL DEPARTMENT
PERSONNEL RULES AND REGULATIONS
Adopted by City Council
Resolution No. 77 - 7 ?
Da te : I () --I CI_ 23 7--
TO: The City of Gilroy Employees, Commissioners, City Council, and
other interested individuals. This document has been prepared
to incorporate procedures and benefits in governing the
personnel activities of this City as a supplement to the
Gilroy City Code, Section 17, and the Gilroy City Charter,
Article X.
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CITY OF GILROY
MAYOR
Roberta H. Hughan
CITY COUNCn..
Sharon A. Albert
Donald F. Gage
Paul V. Kloecker
Larry Mussallem
Daniel D. Palmerlee, DDS
Pete Valdez, Jr.
PERSONNEL COMMISS ION
Chairman - Patricia Golden
Vice-Chairman - Tony Lerma
Commissioner - Ralph Burge
Commissioner - John Bellis
Commissioner - James Trelut
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 a..ASSIFICATION 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
1. 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 AND 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
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SECTION VII SPECIAL PROCEDURES AND RECORDS
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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
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SECTION VIII MISCELLANEOUS PROVISIONS
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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
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SECTION IX FRINGE BENEFITS
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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 39
APPENDIX A
1. Personal Leave
2. Health Insurance
3. Long Term Disability Insurance
4. Life Insurance
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PERSONNEL RULES & REGULATIONS
SECTION 1. THE Q..ASSIFICATION 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.
summarized as follows:
The classification plan can be
1.
A grouping into a single cl~ss, with a common class title,
positions which are essentially similar with respect to the
of the work performed, and which are of approximately
difficulty and responsibility.
of all
na tu re
equal
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 duties to an employee over a period
of time may result in a reclassification of the employee's
position.
Class specifications are of
systematic, authoritative
following procedures:
considerable
information
value in supply ing
in connection with the
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 adjusted from time
to time to reflect changes in assignment of duties made to employees by
administrative officials, or brought about by change in methods of
performing work. Such adjustments must be made as their need is
indicated, and in accordance with the following procedure:
1.
As new positions are created, the Director of
classify them on the basis of their duties and
When the position is appropriate for allocation
established classes in the classification plan,
action of the
Personnel shall
responsibilities.
to one of the
the classification
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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 or1g1n,
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,
step in the higher
than his current pay
the employee shall be placed on the lowest
pay range which provides not less than 5% more
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
employee's salary will be determined in the same
appointees.
resignation, an
manner as for new
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, SELECTION AND APPOINTMENT TO THE COMPETITIVE
AND GENERAL SERVICE
Appointments to the General and Competitive Service will be filled by the
following procedures when not in conflict with the City Charter or Code.
(City Charter Section 1000 and City Code Chapter 17)
Recruitment and selection may be summarized as follows: (1) Public
announcements of open examinations to fill vacancies. (2) Screening
applications to determine qualified persons. (3) Administration of tests
to establish eligible lists for employment. (4) Making of appointments in
accordance with established procedures designed to assure selection of the
best qualified persons available.
A. EXAMINATION ANNOUNCEMENTS. Announcements of examinations for 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.
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Applicants shall be requested to complete and submit a form yielding
statistical data for Affirmative Action record keeping purposes. The form
shall be anonymous and shall be separated from the application form prior to
screening of applications, to avoid any possibility of identifying
Affirmative Action data with a particular applicant.
C. COMPETITIVE EXAMINATIONS. The relative merit of applicants for
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 iden~ity 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 Section
III-C, will be placed on the eligible list.
An eligible list shall be deemed exhausted when there are four or less
names on the list and the appointing authority declines to make a
selection from such a list to fill an existing vacancy. Upon approval
(5)
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of the Personnel Commission, a
time, upon written statement
appointing authority.
list may be declared exhausted at any
with supporting reasons from the
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
fiil 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 report to the Personnel Office for appointment processing on the
first day of duty,*in accordance with the New Employee Orientation
Checklist, which will be completed by a designated supervisor.
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 probationary
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
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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
the anniversary date shall be the date of appointment
classification or higher classification.
on seniority,
to the relevant
H. PROVISIONAL APPOINTMENTS. When an eligible list for a particular
classification is not available, provisional appointment at an hourly
wage for a period not to exceed 90 days, pending examination, may be
made by the appointing authority. Upon justification by the Department
Head concerned, the City Administrator may extend a provisional
appointment to meet a current need. Such appointments shall be
reported by the Director of Personnel to the Personnel Commission at
its regular meetings.
Provisional appointees
position who meet the
position.
shall be selected from applicants
minimum qualifications requirements
for the
for the
Provisional appointees desiring permanent status must participate in
recruitment for that position. If finally appointed to regular status,
the probationary period shall commence from the date of the provisional
appointment. In such cases, sick and vacation leave credits will
accrue retroactively from the date of provisional appointment. Other
fringe benefits shall commence as of date of regular appointment.
Periodic pay increases shall commence when appointed to regular status.
(7)
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I. TRANSFERS. Any employee who has completed his/her probationary period
and desires to transfer to a position in the same or different
classification in another department or division, must apply in writing
and will be required to participate in written examinations and/or
interviews. The appointing authority will finally determine if the
employee's transfer is in the best interest of the City. Placement on
the established salary range will be in accordance with the employee's
ability to perform the new duties.
J. PROMOTIONAL LISTS. If there is a promotional list appropriate for
filling a vacancy, such list shall be utilized before the open
competitive list may be used. If there are four or less eligibles on
the promotional list and the appointing authority declines to make an
appointment, then with proper written justification the list can be
abolished by the Personnel Commission and a new list established.
When no promotional list is available to fill a vacancy, recruitment
examinations shall be held to establish such a promotional list unless
there is not an appropriate number of qualified candidates, in which
case an open recruitment will be conducted.
For members of the Police Bargaining Unit, examinations for promo-
tional appointments will conform to the prov1S1ons 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 appointment.
When an employee's position, over a period of time, increases in
difficulty and responsibility by assumption of additional and
progressively more difficult duties, the Personnel Commission may
recommend to the City Administrator, or the Council, a higher
classification for the position and a corresponding merit system status
for the employee without competitive promotional examination, provided
that the Personnel Commission makes the determination that the best
interests of the City would be served by such action.
K. OPEN COMPETITIVE LISTS. When a vacancy cannot be filled by use of a
promotional list, the open competitive eligible list shall be used for
the vacancy.
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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 perman~nt.
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SECTION IV. SEPARATIONS AND DISCIPLINARY ACTIONS
In the normal course
service of the
disciplinary action,
All provisions of
subject to the terms
the City Council.
of events, each employee becomes separated from the
City. As separations are sometimes connected with
the two subjects are treated together in this section.
this section relating to disciplinary action shall be
of any current Memorandum of.Understanding approved by
A. RESIGNATIONS An employee who resigns his position shall give two
weeks advance notice of his intention. Failure to give advance notice
may cause the employee to forfeit his rights to re-appointment as set
forth in Section III. Resignation must be in writing and filed with
the Director of Personnel. Absence without notification and justifiable
reason for three consecutive working days shall constitute automatic
resignation.
B. TERMINATIONS. The employment of an employee paid on a part-time hourly
basis, serving a provisional appointment, or during the probationary
period, may be terminated without right of appeal at any time on
recommendation of the Department Head, with approval of the City
Administrator. Employees serving on a promotional probationary basis
when terminated will have the right to appeal.
C. LAYOFF. An action wherein, due to reduction in force, a person's
employment with the City is terminated.
SENIORITY. Length of continuous service with the City dating back to
the date of employee's most recent hiring.
SCOPE. All employees within the unit except those covered under
Federal or State regulations; i.e., CETA, etc.
PROCEDURE:
1. The City Council shall 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 rights as
set forth above.
6. Thirty (30) calendar days before the effective date of layoff,
employees shall be provided notice of intended layoff action with
reasons therefor.
(10)
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All voluntary demotions resulting from layoff notice shall be
initiated within ten (10) calendar, days of posting and all
subsequent voluntary demotions (if any) shall be accomplished
within the thirty (30) calendar day framework above.
7. Employees demoting shall not be Y-rated. Demoting employees' shall
be placed at that salary step of the new range nearest to that of
the previous range which does not afford the employee a salary
increase.
8. Should a subsequent layoff notice be issued, employees having
voluntary demoted as above shall be credited with total City
service seniority, rather than seniority in classification, in
event of layoff.
RE-EMPLOYMENT :
1. A re-employment list will be established in the inverse order of
layoff within classification within each department. Persons on
this list will be afforded first opportunity for appointment to any
future employment in said class.
2. Such right to re-employment will be for a period of eighteen (18)
months. Said employee, if recalled within that period, will resume
employment on the same basis as returning from an unpaid leave of
absence. A person declining offered appointment will be stricken
from the re-employment list after two (2) refusals.
3. After one year, laid off employees will continue to be encouraged
to apply for positions within the City service. Such persons will
receive full consideration of such application in light 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 and materials upon which the action is
based.
2. The City reserves the right to suspend, without pay, any employee
immediately upon oral notice when it is determined that the
employee is a hazard to himself or fellow employees,
( ll)
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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
turpitude or insubordination. Disciplinary proceedings will be
initiated by the appropriate authority within two (2) working days
of the suspension; if upheld, dismissal or suspension will be
effective as of the initial on-the-spot suspension. The employee
retains full right of appeal.
3. When dism1ssal, 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) *working 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 recommendation. 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) *working 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 procedure described in paragraph 4, 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) *working 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
paragraphs then apply.
An employee who chooses to appeal directly to the City
Administrator 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 within ten (10) *working 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 Administrator, and may,
at its option, request such further evidence as the Council deems
necessary. The Council shall, within twenty-one (21) calendar
days after commencing its review of the personnel commission
proceedings (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 unpaid
status. Similarly, if demoted by the appointing authority,
(13)
.
.
the employee is placed
the appeal process, with
appeal is upheld.
on the appropriate lower pay range during
retroactive restoration of pay if the
12.
Vacancies
appointing
completion
created under this section may be filled by
authority by provisional appointment pending
of any proceedings taken hereunder.
the
the
E. CONTRACT GRIEVANCE, PCLlCE 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, thereafter, 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 *working 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 Management 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 adequately resolved within 10
*working 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 employee. The employee shall be allowed adequate
time to pre sent hi s/her side of the mat ter.
4. In the event the matter is not adequately resolved within 10
*working days at the Department Head level, the whole matter, on
the same basis, shall then be clearly presented in writing from the
employee to the City Administrator, to include the response
received from the immediate supervisor and the Department Head.
5. If an adequate solution to the matter is not resolved within 10
*working ~ays at the City Administrator level, the employee shall
request, in writing, that the whole matter, on the same basis,
proceed to final and binding arbitration. *Such request shall be
made within ten (10) working days of receipt of the City
Administrator's decision.
6. In matters involving discipline, the arbitrator shall have the
authority to determine whether 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 entitled "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 or application of the
Memorandum of Understanding (MOU), the arbitrator shall not add
to, subtract from, change or modify any provisions of the MOU and
shall be authorized only to apply existing provisions of the MOll
8.
The Arbitrator shall be selected
from a list provided by the
Service or such other method the
by the alternative strike method
State Mediation and Conciliation
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 presentation including
preparation and post hearing briefs.
(15)
.
.
F. RETIREMENT. All full-time employees shall retire as set forth in the
requirements of the established retirement plan.
The provisions of this subsection shall not apply to persons employed
for a special or temporary purpose.
Employees retiring under these provisions, or other conditions approved
by the City Council, may be presented with an appropriate gift which
shall not have a purchase price in excess of fifty (50) dollars.
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
the City,
worker's
carrier),
disability arises from and in the course of employment with
the employee may be eligible for disability payment via
compensation (State Workers Compensation or City self-insured
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. EMPLOYMENT 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
representative, to an employee for an offense not serious
suspension, demotion, or dismissal.
designated
enough for
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 REMOVAL, SUSPENSION, OR DEMOTION
Malfeasance, misconduct, incompetence, and/or inefficiency as used in Section
1003 of the City Charter shall include, but not be limited to, any of the
following.
A. Conviction of a felony or a misdemeanor involving moral turpitude,
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 lawabiding 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
intoxicant or drug, or absenting oneself from duty
unfit to perform fully one's duties for reasons
produced by, indulgence in intoxicants or drugs.
the influence of any
or rendering oneself
attributable to, or
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
City, or appropriating for their own use any
loaning, selling, or giving away such
authorization.
other property of the
property of the City, or
property without legal
H. Actions prohibited by Government Code Section 3201, et. seq. in Chapter
9.5, entitled "Politcial Activities of Public Employees."
I.
Inducing,
service of
any lawful
or attempting to induce, an officer or employee in the
the City to commit an unlawful act or to act in violation of
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)
.
.
Employees shall not, while on duty, take an active part in
political campaign in behalf of any candidate, or seek signatures
any petition seeking to advance the candidacy of any person for
office or attempting to influence the vote of another employee for
against any candidate (Reference as in H above).
K.
L.
Willfully, or corruptly, making any false statements,
marks, ratings, or reports, or in any manner committing
any fraud in connection with the examination process.
(19)
certificates,
or attempting
any
to
any
or
.
.
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.
up shall be on the basis of seniority within classification.
employees shall have first preference, unless exercise
preference interferes with the service of the department.
Sign
Senior
of such
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
of the City Administrator, an
equaling the accrued vacation.
of one week vacation or more.
advance written notice and the approval
employee may be issued a salary advance
This paragraph shall apply to a minimum
Vacation time shall accrue while the employee is on paid leave. An
employee falling ill or incurring injury while on vacation may
terminate that vacation and convert to sick leave or leave without pay
upon submission of written notice detailing the reasons therefor and
upon approval of the City Administrator.
An employee of the City for one (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 em~loyee'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
Compensation
benef its.
will be required to deposit their Workers
Check with the City to receive full pay for the above
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 1nJury 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 department concerned should send an Accident Report to the
Personnel Department within one working day of the incident.
It is from this document that the Employer's Report is prepared
for the insurance carrier, so both speed and accuracy are
essential.
c. The Personnel Department will, within two working days of
receipt of the Accident Report, submit the Employer's Report to
the insurance carrier.
D. EMERGENCY LEAVE
An employee may be granted emergency leave by the Department Head up
to, but not to exceed, five days per year (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 Miscellaneous General, Supervisory, *and Fire
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 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 supervisor with a copy to
the Personnel Director. The summoned employee shall have a choice of
receiving full pay while on jury duty and reimbursing the City for any
jury duty compensation received, or he may keep the jury duty
compensation and not receive City pay for the time away from work. The
above jury duty compensation reimbursable to the City does not include
travel, meals, or lodging.
G. HOL IDAYS
The legal holidays observed by the City shall include New Year's
*Martin Luther King Day, Washington's Birthday, Memorial
Independence Day, Labor Day, Veteran's Day, Thanksgiving Day,
following Thanksgiving, and Christmas Day.
Day,
Day,
day
(22)
.
.
When a regular holiday falls on Sunday, the following Monday shall be
granted as a day off, and when a regular holiday falls on Saturday, the
preceding Friday shall be granted as a day off. 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.
1. LEAVE OF ABSENCE WITHOUT PAY
A leave of absence without pay may be granted to an employee who is
required by medical authorities to extend sick leave or finds it
necessary to extend vacation leave beyond accumulated benefits. Said
leave will constitute a break in service and must be recommended by the
appropriate department head and approved by the City Administrator (See
Section VIII).
The employee on a leave of absence without pay may continue medical and
life insurance upon his/her payment of all premiums. Uniform
allowance, auto allowance, retirement credit, seniority in the pay
plan, sick leave credit, vacation credit and other fringe benefit
credits shall not accumulate during the leave of absence. Accumulated
seniority prior to the leave of absence will not be lost.
J. UNAUTHORIZED ABSENCES
Absence without justifiable reason for three (3) consecutive working
days shall constitute automatic resignation (see Section IV).
K. PREGNANCY LEAVE
A female employee will be granted leave for pregnancy involving
miscarriage, childbirth, or recovery therefrom. A leave with pay will
be governed by accumulated sick leave and lor vacation benefits. A
leave without pay will be governed by the section '~eave 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. MIL ITARY 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 TIME 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 intended 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 possiblities 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
re cord.
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)
J
.
.
Evaluations and counseling forms
evaluator/counselor and the employee,
employee.
will
with
be signed by
a copy given to
the
the
6. Permanent employees will be formally evaluated annually.
C. PERSONNEL RECORDS. The Personnel Department shall maintain a service
record card for each employee showing the original date of employment,
the original classification and pay rate of the employee's position,
togethec 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.
certified by the
Auditor.
All payrolls drawn for classified personnel shall be
Director of Personnel prior to approval by the City
E.
SERVICE AWARDS. It shall be the policy of the City to provide a
for rewarding continuous service to the City by the employees
various departments by awarding pins and such other awards as
provided.
system
of the
herein
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 selected jewelry with one (1)
2 pt. diamond.
15 Years of Service - 14K gold emblem on selected jewelry with two (2)
pt. diamonds.
20 Years of Service - 14K gold emblem on selected jewelry with th ree
3) 2 pt. diamonds.
25 Years of Service - Watch and 14Kgold 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 Personnel to
notify the City Administrator of the need for purchase of these awards
as necessary.
F. FINGERPRINTS. Fingerprints shall be taken of all new employees in the
Police 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 has *been served 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. SUGGESTION PLAN. It shall be the duty of the Personnel Director to
institute a program designed to encourage the participation of
employees in the improvement of the efficiency and economy of the
operation of City departments. Such a program should consist of a
suggestion system in which employees would outline, in detail, methods
of improving service and of economies of operation. The Personnel
Commission would act as a Review Board on suggestions submitted, with
the advice of Department Heads or other consultants as necessary.
Awards would be provided for accepted suggestions based on the value of
the proposal and the economies of improvements it provides.
(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.
TIle 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 *working 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.
*The employee's request must be submitted within 10
working days of the immediate supervisor's written response to the
grievance. That supervisor 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 *working days of receipt of the
grievance, and the grievant shall request that the grievance be
heard by the next level of supervision, if desired, within 10
working days of receipt of that response. 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
*working days at the Department Head level, the whole matter, on
the same basis, shall then be presented, *within 10 working days,
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
*working days at the City Administrator level, the employee or the
City Administrator shall notify the Personnel Director who shall
gather the written facts and present them to the Personnel
Commission at its next regular meeting. The Personnel Commission
(in accord with Section 907, of the City Charter) shall hear this
matter and report its findings * to the City Council at the
Council's next regular meeting. 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 impartial decision may be made. The
Commission Chairman shall have full authority at all times to maintain
orderly procedure and to restrict the hearing to facts relevant to the
complaint. In hearing the appeal>> the Commission may require the
employee (appellant) to first present his/her grievance; followed by
the immediate supervisor for presentation of his/her attempts to
resolve the grievance; followed by the Department Head for presentation
of his/her attempts to resolve the grievance; followed by the City
Administrator for presentation of his/her attempts to resolve the
grievance. All involved parties may be entitled to counsel if they so
desire. The appellant will bear the expense of his/her own counsel.
This hearing can be a closed meeting if requested by the employee.
5. The Personnel Department will provide a checklist to be used in
order to ensure that each grievance is dealt with in timely and
proper manner. The checklist will be initiated by a supervisor
when he/she is first presented with a grievance, and will be
forwarded along with the grievance and all responses thereto to
each succeeding step in the process until a final resolution is
obtained.
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 and the City
Attorney, who are appointed directly by the City Council), shall be
made on the basis of merit and fitness using the normal personnel
system procedures. Persons employed on an hourly wage or part-time
basis and persons employed for a special or temporary purpose or to
render occasional professional or expert service shall not receive any
personnel system status in such positions.
B. BREAK IN SERVICE. A break in service shall occur when an employee is
separated from the service by resignation, dismissal, suspension, leave
of absence or layoff.
C. SENIORITY AND PAY STATUS AS A RESULT OF BREAK IN SERVICE. A loss of
seniority and loss of status in the pay plan shall occur when a break
in service occurs as a result of a resignation or a dismissal unless
otherwise governed by Federal or State Legislation.
No status in seniority in the pay plan or in the City retirement plan
shall accumulate during a break in service which occurs due to a
suspension, a leave of absence without pay, or a layoff. Said break in
service shall not affect status in seniority or in the pay plan which
was accumulated prior to such break in service.
D. OUTSIDE EMPLOYMENT. Full time employees of the City may engage in
other employment or occupation outside their regular working hours if
such employment does not interfere with the efficient performance of
their duties for the City. Such employment must be approved by their
Department Head with a notice of such approval forwarded to the
Director of Personnel to be filed in the employee's personnel folder.
Such approval for outside employment may be revoked by the Department
Head if the efficiency of the employee is being impaired thereby. Such
notice of revocation shall be in writing with a copy forwarded to the
Director of Personnel for inclusion in the employee's personnel folder.
E. TELEPHONE COURTESY. A person calling any place of business as one of
its current or potential customers expects courtesy, and this affects
that person's attitude towards the entire company. Likewise, the
citizens of Gilroy judge their municipal government based on telephone
conversations. Often the telephone is the only contact a citizen has
with the City staff, and courteous telephone calls can greatly enhance
(30)
.
.
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. 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.
b. Organize information to make maximum use of the time.
c. 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.
d. Avoid placing a phone call when correspondence will suffice.
e. Employees are to check with frequently called business firms to
see if they have an "800" number, or if they will accept
collect calls.
(31)
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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 1 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 hours shall
*
Provisions do not apply to management group
(32)
.
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be compensated for a m1n1mum 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 members of the Miscellaneous employees bargaining unit and for
confidential employees, Adult Education classes shall be included
in the Education Incentive Plan for purposes of compensation.
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.
d. *For meabers of the Fire bargaining unit, effective January 1, 1988
incentives shall be increased by 2 1/2% to 3 1/2% and 5%.
*
Provisions do not apply to management group
(33)
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.
2. *GPOA Bargaining Unit Sworn Personnel:
a. An additional 2 1/2% for possession of an Associate of Arts
Degree or an Intermediate P.O.S.T. certificate.
b. An additional 5% for possession of a Bachelor's (or higher)
Degree or an Advanced P.O.S.T. certificate. Maximum total is 5%.
c. Effective January 1, 1988, the above incentives will be
increased by 2 1/2% to 5% and 7 1/2% respectively.
3. *GPOA Bargaining Unit Non-Sworn Personnel: 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 in base pay for employees completing 30 college
semester units, or possession of Basic P.O.S.T. certificate.
b. 1 1/2% additional increase in base pay for employees com-
pleting 60 college semester units or possession of an Intermediate
P.O.S.T. certificate. Maximum total is 2 1/2%.
c. Effective January 1, 1988, the above incentives will be
increased by 2 1/2% to 3 1/2% and 5% respectively.
4. 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 members of the GPOA bargaining unit
two payments of $125 each to be paid on July 1,
for a total of $250 annually.
shall receive
and January 1,
(34)
.
.
Police Department members of the Miscellaneous General
bargaining unit shall receive two payments of $150 each to be
paid on July 1, and January 1, for a total of $300 annually.
e.
Payments to non-sworn
month according to
sworn personnel shall
personnel shall be prorated at $20.84
entry into Police Service. Payments
be prorated at $50 per month.
per
for
f. Personnel terminating shall reimburse the City for unearned
uniform allowance at the rate of $20.84 per month (non-sworn)
or $50 per month (sworn).
g. City will furnish badge and safety equipment.
2. Uniformed members of the Fire Department:
a. Each new employee will receive a class A uniform.
b. Each employee will receive $442 uniform allowance per year,
paid in July.
c. Employees with Fire Suppression responsibilities receive two
sets of turnout gear.
d. *Effective July 1, 1988, each employee will receive $470 per
year, paid in July.
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
quality comparable to
employees in the Parks
Works Department.
six shirts and
the J. C.
and Recreation
patches per year, of a
Penney shirt, to field
Department or the Public
c. Employees, by Division, 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
coveralls per
Shop
provide, through a laundry rental service, three
week to employees in the Equipment Maintenance
(35)
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.
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
Memorandum of Understanding (MOU) of each employee bargaining
unit. See Appendix A.
F. LONG TERM DISABIL ITY INSURANCE
See Appendix A.
G. LIFE INSURANCE
The City will provide group life insurance coverage in accordance with
the respective M.O.U.s; see Appendix A.
H. MEALS
1.
Employees in the Miscellaneous unit shall be
City expense if they are required to work
single working day, in accordance with
respective MOU.
provided a meal at
ten hours or more in a
the terms of their
Subject work
requirements.
must
also
conform to the overtime approval
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.
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.
*Members of the Miscellaneous Bargaining Unit may qualify for 2 1/2%
bilingual pay in accordance with their Memorandum of Understanding.
J. WORKING OUT OF Q..ASSIFICATION
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
(36)
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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 prov1s1on 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 (AWC) 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.
Continued group coverage is for either 18 or 36 months as follows: ~
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.
(37)
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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 continuation
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
performance of his/her daily duty. The vehicle
site and returned to a City designated area at
workday. The vehicle is not to be used for
including the commute to and from home.
vehicle in the
is used on the job
the end of the
personal purposes,
2. In other cases, employees are from time to time directed to take a
City-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 repair 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
commuting, when required in order
at any time in performance of City
separate policy.
for personal use other than
to allow the employee to respond
business, will be addressed by
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 not 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
(38)
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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 30.
b. The City will not withhold taxes on the vehicle use benefit.
The value for the taxable use will be included annually in
gross income on the employee's W-2 form, without increase in
withholding.
SECTION XI CITY ADMINISTRATOR'S MEMORANDA AND DIRECTIVES
(39)
'4 .
/ '
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CITY OF GILROY
PERSONNEL RULES AND REGULATIONS
APPEND IX A
Effective July 1, 1987
1. Personal Leave.
authorized per
units.
Following is the number of hours of Personal Leave
fiscal year to members of the indicated bargaining
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 personnel on 4-10 plan: 20 hours
E. Fire Department personnel on
shift schedule: 24 hours
F. Police Uni t: 8 hours
Personnel on 4-10 plan 10 hours
*2. Floating Holidays. Lincoln's Birthday (February 12) and Admissions
Day (September 9) have been deleted as holidays for the City.
Instead of these two holidays, employees who normally take holidays
off will be allowed two "Floating Holidays" each year, credited
July 1 of each year. Any employee terminating employment prior to
Lincoln's Birthday and/or Admissions Day shall have either one or
two days deducted from accrued vacation, CTO, Personal Leave,
Floating Holiday time or salary. Usage of the time shall be sub-
ject to the normal approval processes. Floating Holidays may not
be carried over to subsequent fiscal years.
*3. 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, 1988:
Police bargaining unit:
Miscellaneous General unit
effective April 1, 1988:
effective April 1, 1989:
Miscellaneous Supervisor Unit:
effective April 1, 1988 and 1989: Same
Management unit and Confidential unit:
same as Miscellaneous General unit
$244.00
$253.80
$269.80
$231.28
$248.08
$262.48
$238.28
as General Unit
B.
C.
D.
E.
'ill
, .
.
.
4. 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:
*C. Miscellaneous, Management, and
Confidential units
$23.00
$ 9.50
0.63% of salary
LIFE INSURANCE. The City provides group life and accidental death
and dismemberment insurance for employees in accordance with the
respective M.O.U.s, as follows:
A. Management unit:
B. Supervisory, Confidential, *Fire and
Sworn Police unit members:
Fire unit members effective July 1, 1988
Miscellaneous General unit members
Police non-sworn unit members
5.
*C.
*D.
E.
$20,000
,
$15,000
$20,000
$10,000
$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 - 73 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 19th day of October, 19 87
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 27th day of October,
19 87.
(Seal)