Resolution 1994-18
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RBSOLUTIOR RO. 94 - 18
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING REVISED HOMAN RESOURCES
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 Human Resources Rules and Regulations dated February 22,
1994, and consisting of a Table of Contents, seventy-nine pages, and adopts the
same to define benefits and procedures in governing personnel of the City of
Gilroy.
PASSED AND ADOPTED this 22nd day of February 1994, by the following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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RESOLUTION NO. 94 - 18
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CITY OF GaROY
MAYOR
Donald F. Gage
CITY COUNCIL
K. A. Mike Gilroy
Charlie Morales
Paul V. Kloecker
Connie Rogers
Suellen Rowlison
Pete Valdez, Jr.
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CITY ADMINISTRATOR
Jay Baksa
HUMAN RESOURCES DEPARTMENT
Human Resources Director/Risk Manager
Human Resources Analyst
Human Resources Clerk II
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Philip Valenzuela
Judy Diaz
Jan Howell
CITY OF GaROY
EMPLOYEE'S MISSION STATEMENT
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We are committed to providing highly effective public services in a
professional, cooperative, and adaptable manner. We will be a proactive,
informative, and responsive government through communications and actions
that welcome participation from all segments of our community. We are
committed to excellence through respectful, responsive, and responsible
customer service. We will carry out our responsibilities in a manner that
enhances the quality of life in Gilroy.
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Sections of these Rules and Regulations may be updated from time to time. To
ensure that all holders of this document have the most current, published
information each copy is numbered and logged to an individual at the time of
distribution. Updates will be distributed according to this log. For this reason,
we ask that you do not copy this document. Additional copies are available
from the Human Resources Department.
To simplify these Rules and Regulations and make information contained herein
more easily understood, the paragraph at the beginning of each sub-section,
immediately following any emphasized term shall serve as the definition of that
term and, where necessary, the introduction to that section.
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City or Gilroy
HUMAN RESOURCES
RULES and REGULA nONS
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TABLE OF CONTENTS
SEPARATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 23
RESIGNATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 23
UNAUTHORIZED ABSENCE WITHOUT NOTIFICATION. . . . . . . . . PAGE 23
DISMISSALS ...................................... PAGE 23
LAYOFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 23
RETIREMENT ..................................... PAGE 26
PART-TIME EMPLOYEE RETIREMENT . . . . . . . . . . . . . . . . . . . . PAGE 26
DISABILITY RETIREMENT ............................ PAGE 27
EXIT INTERVIEWS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 28
SECTION V. GRIEVANCE/APPEAL PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 30
EMPLOYEE DISCIPLINARY ACTION APPEAL PROCEDURE. . . . . . PAGE 30
EMPLOYEE GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . PAGE 33
OPTIONAL SAFETY PERSONNEL CONTRACT GRIEVANCE
PROCEDURE............................... . PAGE 35
SECTION VI. LEAVE PROVISIONS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 37
VACATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 37
SICK LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 39
FAMILY ILLNESS LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 40
SICK LEAVE for JOB CONNECTED INJURY. . . . . . . . . . . . . . . . . PAGE 40
WORKERS' COMPENSATION PROCEDURES ................ PAGE 41
BEREAVEMENT LEAVE .............................. PAGE 43
DONATION OF VESTED TIME PROCEDURES. . . . . . . . . . . . . . . . PAGE 43
JURY DUTY ...................................... PAGE 46
HOLIDAYS ....................................... PAGE 46
FLOATING HOLIDAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 47
ADMINISTRATIVE LEAVE ............................ PAGE 47
LEAVE of ABSENCE WITHOUT PAY. . . . . . . . . . . . . . . . . . . . . . PAGE 47
PREGNANCYLEAVE ............................... . PAGE 48
PERSONAL LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 48
MILITARY LEAVE. . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . . . . . PAGE 49
EDUCATIONAL TIME OFF ............................ PAGE 49
FLSA EXEMPT GROUP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 49
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SECTION VII: FRINGE BENEFITS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 50
OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 50
STANDBY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 52
EDUCATION INCENTIVE ............................. PAGE 52
UNIFORM ALLOWANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 54
HEALTH INSURANCE ............................... . PAGE 56
CONTINUATION of GROUP HEALTH COVERAGE. . . . . . . . . . . . . PAGE 57
LONG TERM DISABILITY INSURANCE. . . . . . . . . . . . . . . . . . . . PAGE 57
LIFE INSURANCE .................................. PAGE 58
City or Gilroy
HUMAN RESOURCES
RULES and REGULA nONS
TABLE OF CONTENTS
MEALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 58
BILINGUAL COMPENSATION .......................... PAGE 59
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SECTION VIII: MISCELLANEOUS POLICIES and PROCEDURES . . . . . . . . . . . . . . . . . . . . PAGE 60
ALCOHOL AND CONTROLLED SUBSTANCE ABUSE POLICY. . . . . PAGE 60
ASSOCIATION DUES ................................ PAGE 60
EMPLOYEE of the MONTH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 60
EMPLOYEE TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 60
FINANCIAL RESPONSIBILITY of EMPLOYEES ., . . . . . . . . . . . . . PAGE 61
HUMAN RESOURCE RECORDS ......................... PAGE 61
MARITAL STATUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 61
OUTSIDE EMPLOYMENT ............................. PAGE 62
EMPLOYEE PERFORMANCE APPRAISAL .................. PAGE 62
EMPLOYEE APPRAISAL FLOW CHART. . . . . . . . . . . . . . . . . . . . PAGE 65
PRE-RETIREMENT EMPLOYEE-PAID PERS ................. PAGE 66
SALARY VERIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 68
SAFETY & HEALTH: ................................ PAGE 69
SERVICE AWARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 69
SEXUAL HARASSMENT POLICY. . . . . . . . . . . . . . . . . . . . . . . . . PAGE 71
SMOKING POLLUTION POLICY . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 73
SUBPOENAS SERVED at CITY HALL. . . . . . . . . . . . . . . . . . . . . . PAGE 73
SUGGESTION PLAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 76
TELEPHONE COURTESY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 76
TELEPHONE USE POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 76
USE of CITY-OWNED VEHICLES ........................ PAGE 77
WELLNESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 78
WORK WEEK PERIODS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 79
GLOSSARY ....................................................... PAGE 79
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City or Gilroy
HUMAN RESOURCES
RULES auu REGt,'LA TIONS
SECTION I
CLASSIFICATION PLAN
SECTION I. THE CLASSIFICATION PLAN
The classification plan is an occupational inventory of the positions in the City Service. It is a fundamental tool
of Human Resources administration, since it makes possible standardization of class titles for purposes of
employees record keeping, examining, pay administration, and related employee administrative objectives.
A. NATURE or the CLASSIFICATION PLAN:
The Classification Plan 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 approximatel~,
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 duties to an employee over
a period of time may result in a reclassification of the employee's position.
3. Class specifications are of considerable value in supplying systematic, authoritative information
in connection with the following procedures:
a. Preparing public announcements of job openings.
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 or 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:
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PAGE 1
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION I
CLASSIFICATION PLAN
1. As new positions are created, the Human Resources Director shall classify them on the basis
of their duties and responsibilities. When the position has been identified for allocation to one
of the established classes in the Classification Plan, the classification action of the Human
Resources Director will be final.
2. When a new class is required, and there is no existing classification to properly classify a
position, the Department Head, through the Human Resources Director, shall submit a
recommendation as to the new classification and job description to the Personnel Commission
after which the Personnel Commission shall submit its recommendation to the City Council for
fmal action.
3. 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 Department Head may
recommend through the re-classification process, a higher classification for the position and a
corresponding salary level change for the employee without a competitive promotional process.
If the employee's position decreases in difficulty and responsibility, a lower classification for
the position and a corresponding salary level change for the employee may occur. This section
shall not be used to avoid requirements for promotional examinations. Changes in salaries
pursuant to this section shall be subject to the meet and confer process.
4. RE-CLASSIFICATION CRITERIA
Available for Re-Classification
Not Available for Re-Classification
Examples of Proven additional
responsibility :
Examples of Individual getting
better at:
~ . Supervise. personnel.
-Total control of budget.
-New division or function of
department responsibilities.
-Additional significant functions,
not part of job description.
-Current job description and/or
responsibilities expanded, or move
to other or new function at the
same skill level, or more volume
of work.
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City or Gilroy HUMAN RESOURCES
RULES and REGULATIONS
SECTION I
CLASSIF1CA nON PLAN
5. RE-CLASSIFICA TION PROCESS
Dept Head evaluates job
against Class Criteria
NO
NO I
Yes
1 Employee Application
denied
Human Resources Department
reviews existing job description &
Yes verifies D.H. ( etermination Yes
H.R. Interviews
Yes
1
Department Head Employee Desk Audit Others
. (D.H.) (Immediate Supv.)
H.R. & D.H. discuss
findings of interviews.
H.R. prepares
Classification report.
City Administrator & H.R. D.H. and Employee
analyze Classification Report. -No-. informed of application
H.R. discusses with employee. denial.
I
, Yes
J.
Classification Report forwarded to
. Personnel Commission for action.
PAGE 3
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION U
PAY PLAN
SECTION U: 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 and maximum pay rates for each class of positions. Salary actions will require a
Human Resources Actions Form. The Pay Plan provides:
1. New appointments shall be made at the minimum of the appropriate pay range. In exceptional
cases, a Department Head may request, and the City Administrator may approve an
appointment in advance of the minimum pay rate.
2. In cases of promotion, the employee shall be placed on the lowest step in the higher pay range
which provides not less that 5 % more than his or her 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 or she is demoted.
4. In the event of re-employment subsequent to a resignation, an employee's salary shall 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.
6. No supervisor shall receive less than 2 1/2 % more than the base pay of the highest paid person
he or she supervises. A supervisor shall be identified as an employee who has direct
supervision and responsibility for the performance of other full-time employees.
PAGE 6
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION D
PAY PLAN
B. BREAK in SERVICE: A break in service shall occur when an employee is separated from the
service by resignation, dismissal, leave of absence, or layoff.
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 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.
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City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION ill
RECRUITMENT, SELECTION, & APPOINTMENT
SECTION ill: 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 City Code. (City Charter Section 1000, and City Code Chapter 17.)
A. HUMAN RESOURCES REQUlSmONS: To initiate a hiring action for a budgeted position, a
Human Resources Requisition form (available from Human Resources) must be completed by the hiring
manager. It should then be forwarded to the Department Head who must sign the form and forward it
to the Human Resources Director who will review and sign the requisition, and forward it to the City
Administrator for fmal approval.
For part-time positions (except reimbursable part-time positions in Parks and Recreation) a memo must
accompany the Human Resources Requisition when it is sent to Human Resources, stating that the
hiring department has funds available for the position.
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B. JOB ANNOUNCEMENTS: Announcements of openings for positions shall be made by posting
notices in public places and 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, prescribed rates of pay for the position, and
any other information deemed pertinent by the Human Resources Director.
C. APPLICATIONS for JOB OPENINGS: An application form obtainable at the City Hall will be
filled out by all applicants in accordance with the job announcement. The applicant review process
consists of a comparison of qualifications and experience to the job description and functions,
interviews, oral boards/assessment centers, physical examinations, background review, or any
combination of the foregoing. In the recruitment process where a large number of applications are
received, the best qualified will be invited to continue in the process. The Human Resources Director
shall notify, in writing, those persons whose applications have been rejected and accepted.
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City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION m
RECRUITMENT, SELECTION, & APPOINTMENT
Applications may be rejected for any of the following reasons:
1. Failure of the applicant to show reasonable conformity with the announced job requirements.
2. False statement by the applicant on the 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.
6. Failure to complete or sign an application.
7. Failure to provide requested documentation to prove education, training, etc.
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.
PAGE 9
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION m
RECRUITMENT, SELECTION, & APPOINTMENT
D. COMPETITIVE EXAMINATIONS: The relative merit of applicants for appointment or promotion
may 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 toward traits or characteristics demonstrably related to actual performance of the job, as well
as customer service and interpersonal skills. Examinations shall be administered fairly to all
participating applicants, and the identity of applicants shall not be revealed 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.
Examinations shall consist of written and performance tests, as required by the classification.
E. ORAL BOARDS: All oral board lists shall be submitted to the Human Resources Director for review
and approval before the fmal oral board is selected and invited to participate. All Oral Boards will be
structured in the following manner:
At least two (2) people from outside agencies or the community.
At least one (1) person that is a City employee
There may also be an observer from the hiring department. The oral board shall be chosen by the
hiring department and delivered to the Human Resources Department by the closing date on the flyer.
The Human Resources Department will send letters to the oral board members announcing the time and
place of the interviews.
ASSESSMENT CENTERS are an alternative to Oral Boards. They identify potential talented City
employees. Observers watch and record their impressions of candidates' behavior, in detail, as the
candidates complete a number of exercises. Each assessor writes a report on each candidate and these
reports are used as part of the selection or promotion process.
PAGE 10
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION ill
RECRUITMENT, SELECTION, & APPOINTMENT
F. ELIGmLE LISTS: Applicants participating in the selection process shall be ranked on an Eligible
List in categories of "Outstanding", "Satisfactory", or "Unsatisfactory". All applicants, including those
failing the selection process, shall be notified of their status. Those placed in either the "Satisfactory"
or "Outstanding" categories will be placed on the Eligible List, but will not be notified of their rank.
With the approval of the Human Resources Director, individuals on an eligible list may request and be
placed on a lower classification eligible list providing the functions are similar.
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 the recommendation of the Human Resources
Director and the City Administrator for an additional year.
An eligible list shall be deemed exhausted when there are four or less names on the list or the
Department Head declines to make a selection from 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 Department Head.
The names of the eligible persons shall be removed from an eligible list for any of the following
reasons:
1. Request, in writing by the eligible person, for removal.
2. Inability to locate the eligible person within seven calendar days time by certified mail, return
receipt requested.
3. Waiver three times, by the eligible person, of job offers.
4. Establishment of any of the reasons for rejection of application as set forth in this section of
these Rules and Regulations.
G. REFERENCE CHECKS: Reference checks will be conducted on all candidates being considered for
a regular full time position. Also, reference checks will be conducted on part-time parks workers and
custodians.
PAGE 11
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION m
RECRUITMENT, SELECTION, & APPOINTMENT
H. BACKGROUND CHECKS on SAFETY PERSONNEL: When the Police or Fire Departments are
ready to perform a background check on a prospective employee, a memo from the department shall be
submitted to the Human Resources Director naming the applicant they want to "background". When
provided with written approval from the Human Resources Director, the department may begin
backgrounding the applicant.
When the background packet is complete, it shall be submitted to the Human Resources Director for
approval. Once approved, the medical examination will be scheduled by the Human Resources
Department and the psychological exam may be scheduled by the department.
When all confirmations are returned and approved, the Job Offer section of the Personnel Requisition
form is completed and approved by the Human Resources Department and City Administrator.
I. 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 Human Resources Director who shall furnish the appropriate
eligible lists. The Department Head shall have a choice of all the applicants in the "outstanding" and
"satisfactory" group to fill the current vacancy.
If the appointment cannot be made from the "outstanding" group, the Department Head will so inform
the Human Resources Department in writing stating the reason for non-appointment.
Before a job offer is made, the Department Head shall complete the "Appointment" section of the
Human Resources Requisition rorm and sign it. It is then forwarded to Human Resources for review
before it is sent to the City Administrator for final approval. Once the requisition has been approved
by the City Administrator, the Human Resources Department will make the job offer to the candidate
and follow-up the verbal offer with a formal offer letter to the applicant, with a copy to the hiring
manager.
J. MEDICAL EXAMINATION: All appointments to the City Service shall be subject to a medical and
physical examination conducted by the City's medical examiner. Employees who, in the opinion of the
medical examiner, are physically incapable of performing the basic functions of the job as documented
in the position description, may be declined for not meeting the requirements of the position.
K. FINGERPRINTS: Fingerprints shall be taken of all new full-time employees, contractual and part-
time employees.
PAGE 12
City or Gilroy
HUMAN RESOURCES
RULES an" RFGTTJ A'nONS
SECTION m
RECRUITMENT, SELECTION," APPOINTMENT
L. PROBATIONARY PERIOD: An appointment made from an eligible list shall be subject to a
probationary period of twelve (12) months, subject to a Department Head action as set forth
hereinafter. The probationary period for promotions of all employees except General and Supervisory
unit employees, shall be twelve (12) months. The probationary period for promotions of individuals in
the General and Supervisory units shall be six (6) months. Upon recommendation of the Department
Head, the City Administrator may extend the probationary period for any particular employee for an
additional six (6) months period.
The Department Head, prior to the completion of an employee's probation period, shall recommend
either probation extension, regular status, or termination, in writing, to the City Administrator.
. 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 Human Resources Director, upon approval of the City Administrator, may reinstate to the eligible
list any probationary employee whose service has been terminated if 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 person shall be omitted
from future certification to the department from which he or she was 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 Human Resources system.
M. PERFORMANCE PAY INCREASE: Upon completion of six (6) months of satisfactory
performance, 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. If an employee is hired from the
1st through the 15th of the month, that employee will be eligible for a six (6) month evaluation and
raise on the 1st of the month, six (6) months from the month of hire. If an employee is hired from the
16th through the 31st of the month, that employee will be eligible for the six (6) month evaluation and
raise on the 1st of the month following six (6) months from the month of hire.
PAGE 13
City of Gilroy
IRJMAN RESOURCES
RULES and REGULATIONS
SECTION ill
RECRUITMENT, SELECTION," APPOINTMENT
For purposes of subsequent performance merit advancement on the salary. schedule, an employee's
annual salary review and advancement date shall be twelve (12) months from the date of that six-month
advancement.
Employees in the General and Supervisory units may appeal a Department Head's denial of merit step
increase to the City Administrator.
N. ANNIVERSARY DATE: For purposes of layoff or other Human Resources actions based on
seniority: For employees who have attained their current classification through longevity without
promotion, the anniversary date shall be the original date of hire. For employees who have been
promoted into their current classification, the anniversary date shall be the date of appointment to the
current classification. Total longevity with the City will be calculated from the original date of hire.
O. 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 ninety (90) calendar
days, may be made by the Department Head on approval from the City Administrator. Provisional
appointees shall be selected from applicants for the position who meet the minimum qualification
requirements for the position. Upon justification by the Department Head concerned, the City
Administrator may extend a provisional appointment to meet a current need up to an additional ninety
(90) days. Provisional appointees desiring regular status must participate in recruitment for that
position.
P. TEMPORARY APPOINTMENTS: A full time employee may be assigned on a temporary basis, for
a period not to exceed twelve (12) months, to an open position in a different, established classification
on written recommendation of the Department Head and approval of the City Administrator. The
temporary appointee must participate in the established recruitment procedures before the position
becomes regular.
Q. CONTRACTUAL SERVICES: Full-time or part-time, temporary employees may be hired through
"temporary agencies" to meet immediate and/or short term workload needs of the City. The Human
Resources Department will be the focal point for all Contract Employment needs. This will ensure that
the City receive qualified candidates and competitive rates from temporary agencies.
PAGE 14
City of Gilroy HUMAN RESOURCES
RULES and REGULATIONS
SECTION m
- RECRUITMENT, SELECTION, & APPOINTMENT
0
EMPLOYEE MERIT RATINGS (CHART)
Merit reviews will follow the guidelines set by the merit matrix. The final merit increase is
derived from the performance rating and the quartile (steps).
The quartile is the horizontal factor, paired with the performance rating on the vertical factor to
indicate the merit increase in the corresponding box.
Merit Matrix
Performance Ratin~ Quartiles
1 2 3 4
A-B C D E
. VI Exceptional X X X X
V Commendable X X X X
.
IV Effective X X X' X
III DevelopmentallMarginal X . . .
II Needs Improvement X . . .
I Unsatisfactory . . . .
* Ratings in I, II, or III require an Action Plan.
0
x= Merit Increase
~ .= No Increase
.
PAGE 15
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION m
RECRUITMENT, SELECTION, & APPOINTMENT
PERFORMANCE RATINGS (DEFINITIONS)
VI EXCEPTIONAL: met and exceeded all performance standards for all job responsibilities.
V COMMENDABLE: met all and exceeded some performance standards for all job responsibilities.
IV EFFECTIVE: met all performance standards for all job responsibilities.
III DEVELOPMENTAUMARGlNAL: met some, not all performance standards for job responsibilities.
II NEEDS IMPROVEMENT: met some performance standards; needs to make progress toward
meeting all performance standards.
UNSATISFACTORY: performance unsatisfactory; insufficient progress.
.
PAGE 16
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION m
RECRUITMENT, SELECTION, & APPOINTMENT
R. PROMOTIONAL LISTS: If there is an applicable Promotional I:.ist available for filling a vacancy,
such list shall be utilized before the open competitive list may be used. If there are four or less eligible
persons on the Promotional List, or the Department Head declines to make an appointment, then, with
proper written justification to the City Administrator, the list can be abolished by the Personnel
Commission. When no Promotional List is available to fill a vacancy, the recruitment process described
earlier in this section shall be held to establish such a Promotional List.
Members of the Fire Bargaining Unit shall be notified in advance of promotional examinations, through
the job announcement, of the job requirements, testing, and scoring procedures to be utilized, and
recommended study materials, if any.
For members of the Police Bargaining Unit, examinations for promotional appointments may include
oral interviews, assessments, and written examinations (study and reference materials must be listed on
the announcement flyer). Members who participate in the written examination process, may, in
confidence, review their scores for each segment of the written examination.
When an employee, who has been appointed on a promotional basis, does not satisfactorily complete
the probationary period, he or she shall be reinstated to his or her previous classification, salary range,
and step unless the performance justifies termination. If the previous classification has been filled, then
the person filling the position must return to his or her 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.
S. APPOINTMENT to the GENERAL SERVICE: General Service is any full-time, regular position
with the City of Gilroy. Appointments to positions in the General Service by the City Administrator,
with the consent of the respective Department Head and City Council (the City Administrator, City
Clerk, and City Attorney positions, which are appointed directly by the City Council), shall be made on
the basis of merit and fitness using the normal Human Resources 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 employees system
status in such positions.
PAGE 17
City of Gilroy
HUMAN RESOURCES
RULESandREG~~ATIONS
SECTION m
RECRUITMENT, SELECTION, & APPOINTMENT
T. NEPOTISM (CHARTER SECTION 810): The City Council shall not appoint to a salaried position
under the City government any person who is a relative by blood or marriage within the third degree of
any member of the Council, nor shall any Department Head or other officer having appointive power
appoint any relative of a member of the Council or himself within such degree to any such position.
U. FULL-TIME to REDUCED HOUR STATUS CHANGE: Any regular, full-time employee may
request a temporary change from full-time to reduced hour status. The request shall be in the best
interest of the City as well as the employee. This change shall not interrupt the flow of work, increase
the cost of operations, or become a burden to the department. Unless otherwise specified, the
employee shall continue to be considered part of their regular bargaining unit.
To request this change, the employee shall document their need for the change and submit this to their
supervisor for approval. If approved the supervisor will submit the request to the Department Head for
his or her approval. Should the request be approved, it is submitted to the City Administrator for final
approval. On fmal approval, the request is forwarded to the Human Resources Department for action.
If the reduced hour status is granted, the following terms and conditions will apply:
1.
The employee must use all accrued Compensatory Time Off, Personal Leave, and Floating
Holidays before reduced hour status can begin.
2. The employee will not have access to benefits such as Medical, Dental, L TDI, Life Insurance,
Holiday Pay. Personal Leave, et cetera.
3. No leave times will accrue.
4. The PERS benefits will continue with the employee receiving credit for hours worked.
5. The employee shall be entitled to a cost of living pay increase as per these Rules and
Regulations.
6.
Credit toward seniority shall be suspended while on part-time status.
PAGE 18
Cit)" or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION ill
RECRUITMENT, SELECTION," APPOINTMENT
7. The employee will be allowed to return to a full-time position of comparable status at the end
of the agreed time. A specified date of return will be required. One month before returning
to full-time status, ~e employee shall send the Human Resources Department a letter
informing them of intent to return to full-time status.
PAGE 19
City of Gilroy
HUMAN RESOURCES
RULES and REG1JLA TIONS
SECTION IV
SEPARATIONS & DISCIPLINARY ACTIONS
SECTION IV. SEPARATIONS and DISCIPLINARY ACTIONS
This section discusses separations from City employment, whether voluntary or involuntary, as well as
employee misconduct and resulting disciplinary actions. Regarding Police personnel, it should be noted that the
City shall honor and adhere to Government Code Section 3300 et. seq.,the Police Officers Bill of Rights, in all
relevant actions according to California state law.
A. CAUSES of REMOVAL, SUSPENSION, DEMOTION, or DISCIPLINARY ACTION: Causes of
removal, suspension, demotion, or disciplinary action may include, but not be limited to, malfeasance,
willful misconduct, incompetence, and/or inefficiency as used in Section 1003 of the City Charter and
shall include, but not be limited to, any of the following:
I. Conviction of a felony or a misdemeanor involving moral turpitude, including conviction
following a plea of "no contest".
2. 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.
3. Violation of any lawful official regulation or order, or failure to obey any proper direction
made and given by a superior officer.
4. 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 I indulgence in intoxicants or drugs.
5. Documented incompetency or inefficiency, as used in Section 1003 of the City Charter, in the
performance or required duties.
6. Carelessness or negligence with the monies 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 authorization.
PAGE 20
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION IV
SEPARATIONS & DISCIPLINARY ACTIONS
7. Actions prohibited by Government Code Section 3201, et. sea. in Chapter 9.S, entitled
.Political Activities of Public Employees. (copies from Human Resources upon request).
Employees shall not, while on duty, take an active part in any political campaign on behalf of
any candidate, or seek signatures on 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.
8. 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.
9. Taking for personal use, from any person, a fee, gift, or other valuable thing in connection
with official work.
10. Willfully, or corruptly, making any false statements, certificates, marks, ratings, or reports, or
in any manner committing or attempting any fraud.
11. Willfully or corruptly making any false statements, or presenting any false certificates, ratings,
or any other information, or in any manner committing or attempting any fraud in connection
with the selection process.
12. Willfully making unwelcome sexual advances, requests for sexual favors, and/or other verbal,
visual, or physical conduct of a sexual nature. Making the submission to such conduct, either
explicitly or implicitly, a term or condition of an individual's employment or employment
status.
13. Willful violation of the American Disabilities Act (ADA).
B. DISCIPLINARY ACTIONS: In accordance with section 1003 of the City Charter, the following
procedures are established relative to disciplinary actions. Reasons for disciplinary actions are set forth
in sub-section A of this section. Employees appointed on a provisional, hourly, probationary, or
temporary basis are subject to dismissal without hearing and/or appeal; therefore, these provisions do
not apply to them. The City Administrator has vested the right to initiate disciplinary actions with the
City Department Heads.
PAGE 21
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION IV
SEPARATIONS & DISCIPLINARY ACTIONS
REPRIMAND: A disciplinary action may consist of a written reprimand. A written reprimand may
be issued by the Department Head, or his or her designee, to an employee to make him or her aware of
an offense not serious enough for suspension, demotion, or dismissal.
SUSPENSION: A suspension is a temporary, without pay status levied as a penalty for an offense
where the cause is not sufficiently grave for dismissal.
DEMOTION: A demotion is a reduction of job responsibilities,
and/or in step level or grade.
DISMISSAL: A dismissal consists of involuntary employment termination.
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, or to City property,
and/or where the employee is accused of job offenses such as drunkenness, theft, assault, drug abuse,
moral turpitude, or insubordination.
Disciplinary proceedings will be initiated by the Department Head within two (2) working days of the
suspension; if upheld, dismissal or suspension will be effective as of the initial suspension. The
employee retains full right of appeal.
When dismissal, demotion, or suspension of five (5) days or more is to be recommended, the
Department Head will so notify the employee in writing. 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.
The Department Head concerned will afford a hearing to an employee who so requests, and following
the hearing will notify the employee in writing of his/her decision. The employee will be advised that
he/she has the right to a hearing pursuant to Section 5.
PAGE 22
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION IV
SEPARATIONS & DISCIPLINARY ACTIONS
C. SEPARATIONS: In the normal course of events, each employee eventually becomes separated from
the service of the City. This section defines all avenues of employment separation.
1. RESIGNATIONS: An employee who voluntarily resigns his or her position shall give two
weeks advance notice of this intention. Failure to give advance notice may cause the employee
to forfeit his or her rights to re-appointment as set forth in Section III of these Rules and
Regulations. Resignation must be in writing and filed with the Department Head. The Human
Resources Director shall be advised, by the Department Head, upon receipt of the written
resignation.
2. RESIGNATION/UNAUTHORIZED ABSENCE WITHOUT NOTIFICATION: Absence,
without notification and justifiable reason, or without having properly applied for a Leave of
Absence, for three consecutive working days shall constitute abandonment and automatic
resignation without advance notice.
3. DISMISSALS: 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.
Full-time, regular employees, including those serving on a probationary/promotional basis,
may be terminated for reasons listed in sub-section A of this section, with full rights of appeal
as defined in Section V of these Rules and Regulations. Department Heads have the authority
to make all appointments, removal, and disciplinary action decisions. Prior to making the fmal
decision for these actions, Department Heads will be required to consult with Human
Resources director. In case of removal or disciplinary action, the employee has the right to
appeal the decision of the Department Head.
4. LAYOFF: The City Council may abolish any position in the General and competitive service
due to lack of funds, work, or need.
a. PROCEDURE: The layoff of employees resulting from the elimination of positions shall
be governed by the following procedure:
PAGE 23
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION IV
SEPARATIONS & DISCIPLINARY ACTIONS
1) Layoffs shall be made from within the affected department and job classification, in
reverse order of total continuous time in that classification, including any period of
probation, paid leave or active military leave. Except as regards military leave, no
service credits shall be earned during any leave of absence without pay in excess of
thirty (30) days. Where time in service is equal between two (2) or more affected
employees, their performance evaluations shall serve as the determining factor.
2) The order of layoff in the affected department and classification or classifications shall
be:
a) Temporary employees
b) Probationary employees
c) Regular employees
3) The treatment of personnel employed by means of State or Federal grant monies shall
be in accordance with regulations for retention as established by the grantor. In the
absence of such regulations, these rules shall govern treatment of such personnel.
4) Probationary and regular employees in the Classified Service who, as described above,
are scheduled to be laid off shall receive at least thirty (30) days. written notice to this
effect.
5) In lieu of layoff, an employee may elect transfer or demotion to a vacant position in
the Classified Service which the City intends to fill and for which the employee, in the
judgement of the City Administrator, is qualified. In no event shall transfer or
demotion result in an employee being placed in a classification carrying a higher
maximum rate of pay.
PAGE 24
City or Gilroy
HUMAN RESOURCES
RULES ami REG'L'LA nONS
SECTION IV
SEPARATIONS & DISCIPLINARY ACTIONS
6) Within ten (10) days from the date layoff notices are issued, an employee who would
otherwise be laid off may elect to displace an employee in a classification carrying a
lower or the same maximum rate of pay; provided, however, that the displacing
employee must have held regular status in such classification and department and have
greater total time in the General and Competitive service than the employee being
displaced.
A probationary or regular employee displaced in accordance with this paragraph shall,
in turn, be provided the same notice and "bumping" privilege as set forth in this
paragraph.
This is the layoff language which we have defe"ed to negotiations.
b. RE-EMPLOYMENT PROCEDURE:
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) Regular and probationary employees laid off shall, at his or her request, be placed on
a re-employment list for his or her former classification and department. Where more
than one employee in the same classification is laid off, the names of such employees
shall be placed on this list in accordance with the date of layoff. If an opening occurs
for a department other than that from which the employee was laid off, the Human
Resources Director shall determine if the employee is qualified to fin the position.
3) Employees placed on such a list shall remain eligible for recall for a period of eighteen
(18) months from the effective date of layoff. Re-employment may be in the
employee's former classification or in a comparable classification which does not carry
a higher maximum rate of pay and which the employee is qualified to perform as
determined by the Human Resources Director.
4) An employee refusing re-employment in either his or her former classification, or in a
comparable classification for which he or she is qualified shall automatically be
removed from the re-employment list.
PAGE 25
City of Gilroy
HUMAN RESOURCES
RULES and ~GULATlONS
SECTION IV
SEPARATIONS & DISCIPLINARY ACTIONS
5) If an employee is re-employed from such a list, all service credits and sick leave
accrued to the date of layoff shall be restored. Since all other leave benefits were paid
at the time of layoff, they will not be restored upon re-employment.
6) At the time of layoff, the employee's name shall be removed from all
promotional eligible lists, but, at the employee's request, shall be retained on
open competitive lists.
7) Prior to the effective date of Layoff, the Department Head shall furnish Human
Resources with a fmal evaluation of the employee's perfonnance.
5. RETIREMENT: All employees, except contractual and part-time, shall retire as set forth in
the requirements of the established retirement plan (PERS). 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.
6.
PART-TIME EMPLOYEE RETIREMENT: The City of Gilroy does not withhold Social
Security (FICA) taxes from employee salaries. Effective January of 1992, the Federal
Government mandated that the City provide an eligible retirement plan for its part-time,
seasonal, and temporary employees (PSn. For part-time employees this system is referred to
as Public Agency Retirement System (PARS).
The City has become a member in the Public Agency Retirement system and has adopted an
eligible defmed contribution retirement plan to meet this requirement.
Under PARS, the part-time employee contributes 6.3% of their gross salary from the part-time
employees' monthly wages. This money is put in a retirement trust fund in the employee's
name. The City also contributes an amount equal to 1.3% of the part-time employee's gross
salary to this same trust fund to equal a minimum retirement benefit of 7.5 %.
When a part-time employee leaves the employ of the City, the accumulated balances are paid
to the employee with balances of less than $3500 in their retirement trust. Before separation
they must complete a W4-P fonn. This form is submitted to Human Resources to comply
with tax withholding requirements.
PAGE 26
City of Gilroy
7.
HUMAN RESOURCES
RULES and REGULATIONS
SECTION IV
SEPARATIONS & DISCIPLINARY ACTIONS
When a separating part-time employee account balance is more than $3500 in their retirement
trust, the employee has the option of leaving the money in the trust, exercising a tax free roll
over, or withdrawing it immediately.
DISABILITY RETIREMENT: An employee may be separated for disability when a chronic
or frequently recurring mental or physical condition renders himlher inefficient or incapable of
performing the duties of the position. Procedures for effecting such a separation shall be as
follows.
a. MISCELLANEOUS EMPLOYEES: Disability retirement benefits are available from
PERS. An employee must have at least five (5) years of credited service to qualify for
this benefit. There are some exceptions to the five-year requirement; so if the employee
has less than five years of service credit, you should contact a PERS Area or Field Office
to fmd out if any of these exceptions will apply to employee. There is no minimum age
requirement. If the employee is considering applying for disability retirement, the
employee should request a copy of the PERS Disability Retirement Booklet, available from
Human Resources.
b. SAFETY EMPLOYEES:
1) Non-Job-Related Disability: Disability retirement benefits are available from PERS.
There are two (2) types of disability retirement. If the cause of the employee's injury
or illness is not related to his job, it is called "disability retirement." To qualify for
this benefit, you must have at least five years of credited service. To apply for
disability retirement, the employee should request a copy of the PERS Disability
Retirement Booklet, available from Human Resources.
2) Job-Related Disabilitv: Job-related or "Industrial Disability" Retirement benefits are
available through PERS. Industrial Disability Retirement is available when an
employee becomes ill or sustains an injury while on the job and as a direct result of
the performance of their duties for the City, the results of this illness or injury are
regular, and the employee can no longer perform the basic functions of their job.
PAGE 27
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION IV
SEPARATIONS & DISCIPLINARY ACTIONS
Qualification for Industrial Disability Retirement is determined as a result of the
following procedures. At the request of the Department Head, the Human Resources
Director may request an employee submit to examination by a medical examiner
designated by the City.
If the results indicate that the employee is unable to perform his or her duties, the
employee shall be placed on a temporary leave of absence without pay not to exceed
sixty (60) calendar days. The temporary leave of absence may be extended at the
discretion of the City Administrator.
Re-training is available as prescribed by law and is administered by the City's
Workers' Compensation Administrator. Should an employee have questions
concerning this, Human Resources shall place the employee in contact with the
Workers' Compensation Administrator.
There is no minimum service requirement when applying for Industrial Disability
Retirement benefits from PERS. If the employee is considering applying for this
benefit, the employee should obtain a copy of the PERS Industrial Disability
Retirement Booklet, available from Human Resources.
8. EXIT INTERVIEWS: When a full-time employee departs the services of the City,
voluntarily or otherwise, he or 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 Human Resources Director will conduct the exit interview. When circumstances
make it advisable, the Human Resources Director may request that the Department Head
conduct the interview.
The City provides an Exit Interview form (available from Human Resources) on which the
interviewer records a summary. not necessarily verbatim, of the employee's comments. The
employee is requested to initial the form. The completed form is subsequently initialed by the
Department Head (if not the interviewer) and submitted to the City Administrator.
PAGE 28
-
City or Gilroy HUMAN RESOURCES
RULES and REGULATIONS
. SECTION IV
SEPARATIONS & DISCIPLINARY ACTIONS
.
Concurrently with the above, the Department Head completes a Department Head Comments
form, available from Human Resources, which records his or her perceptions of the employee
and other aspects of the employment experience. This form is also submitted to the City
Administrator.
.
-
.
.
PAGE 29
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION V
GRIEV ANCE/APPEAL PROCEDURES
SECTION V. GRIEV ANCE/ APPEAL PROCEDURES
Employees have the right to file disciplinary and grievance appeals pursuant to this section. Specifically
excluded from the disciplinary appeals process are employee evaluations, written reprimands, verbal reprimands
and/or counseling, and merit salary increases. Employees are, however, entitled to submit a reasonable amount
of rebuttable material to be attached to performance evaluations and/or written reprimands with which they
disagree. Police unit employees may also appeal written reprimands to the Chief of Police and the City
Administrator pursuant to their Memorandum of Understanding. General and Supervisory Unit employees are
entitled to appeal denial of merit step salary increases to the City Administrator.
A. El\1PLOYEE DISCIPLINARY ACTION APPEAL PROCEDURE: The City Administrator has
vested the right to initiate Disciplinary Actions with the City Department Heads. If an employee is the
subject of a disciplinary action resulting in dismissal, suspension, or demotion, he or she shall be
afforded a hearing regarding such disciplinary action. All employee disciplinary action appeals shall be
in writing, dated, and signed by the employee.
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 following the same
procedures as described for employee appeals to the City Council.
Procedures for initiating an appeal are as follows:
1. The Department Head shall notify the employee of a hearing within fifteen (15) calendar days
to discuss the disciplinary action.
2. The Department Head concerned will afford a hearing to such employee. The employee has
the right to be represented at his or her own expense at such a hearing. The Department Head
will notify that employee within ten (10) calendar days following the hearing, in writing of his
or her decision regarding the discipline to be imposed. The employee will be advised that he
or she has the right to appeal the imposed disciplinary action.
PAGE 30
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
,..
SECTION V
GRIEVANCE/APPEAL PROCEDURES
If the employee does wish to have the matter appealed to the Personnel Commission, he or
she must so request in writing to the Human Resources Director within ten (10) working
calendar days of the Department Head's notification of fmal decision.
o Public Safety employees, at this point in the proceedings, have the choice of continuing
under the Optional Safety Personnel Contract Grievance Procedure. This procedure is
explained in detail in sub-section C of this section. An employee who chooses to use the
Optional Contract Grievance Procedure, thereby waives any right to a hearing by the
Personnel Commission.
3. 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, as defined by California Evidence Code, 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.
In hearing the appeal, the Commission may require the Department Head to place his or 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 the expenses of his
or her counsel.
4. In accordance with City Charter section 1003, the Personnel Commission shall report its
findings and recommendations within fifteen (15) calendar days of the hearing to the City
Administrator for fmal decision. After considering all evidence available, the City
Administrator shall inform the employee concerned of the decision within fifteen (15) calendar
days from the receipt of the Personnel Commissions report.
The employee will be advised that he or she has the right to appeal the City Administrator's
decision to the City Council. If the employee does wish to have the matter appealed to the
City Council, he or she must so request in writing to the Human Resources Director within ten
(10) calendar days of the City Administrator's notification of decision.
PAGE 31
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION V
GRIEVANCE/APPEAL PROCEDURES
~
5. As an alternative to the procedure described above, the employee shall have the option of
appealing the Department Head's decision directly 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 decision. The City
Administrator shall grant a hearing, conducted as described above, to the employee who may
be represented by counsel at his or her own expense. The City Administrator shall inform the
employee of the decision in writing within fifteen (15) calendar days of the hearing. 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.
6. At its first regular meeting after the appeal is received by the Human Resources Director, 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, fmdings, and of the City Administrator The Council
shall, within thirty (30) 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.
7. From. the time of notification of intent to impose disciplinary action until final action by the
Department Head, the employee concerned continues in a paid status, although he or she may
be suspended from duty if the Department Head deems it to be in the best interest of the City.
If fmal action by the Department Head 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 or she will receive back pay for the period of unpaid status.
Similarly, if demoted by the Department Head, the employee is placed on the appropriate
lower pay range during the appeal process, with retroactive restoration of pay if the appeal is
upheld.
8. Vacancies created under this section may be filled by the Department Head by provisional
appointment pending the completion of any proceedings taken hereunder.
PAGE 32
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION V
GRlEV ANCEl APPEAL PROCEDURES
B. EMPLOYEE GRIEVANCE PROCEDURE: An employee shall have the right to present a
grievance pursuant to this procedure. The employee may be represented by the Association or an
individual of the employees choice at the formal steps of this grievance procedure (excluding Step 1).
Grievance defmed as an alleged violation of the Memorandum of Understanding, the City Charter or
the City Human Resources Rules. Specifically excluded from the grievance procedure are disciplinary
matters, including reprimands, performance evaluations, denial of merit increases or other matters
which have other means of appeal.
Grievances shall be in writing, dated and signed by the employee and presented to his/her supervisor.
Grievances must be submitted within ten (10) calendar days of the occurrence, or the employees
knowledge of the occurrence, which gives rise to the grievance. All grievances must clearly state the
section of the Memorandum of Understanding or Human Resources Rules and Regulations that the
employee feels was violated.
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 ten (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
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 ten (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 em~loyee shall be
allowed adequate time to present his/her side of the matter.
3. In the event the matter is not adequately resolved within ten (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.
PAGE 33
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION V
GRIEVANCE/APPEAL PROCEDURES
4. If an adequate solution to the matter is not resolved within ten (10) calendar days of the City
Administrator level, the employee or the City Administrator shall notify the Human Resources
Director who shall gather the written facts and present them to the Personnel Commission at
its next regular meeting. The Personnel Commission (in accordance with Section 907, of the
City Charter) shall hear this matter and report its fmdings within ten (10) calendar days, to the
City Council. The action of the City Council shall be fmal subject to whatever legal
guarantees are available to the employee. Each succeeding level of authority in this procedure
shall refuse to hear the matter unless the preceding step of the procedure has been observed.
The hearing before the Personnel Commission may be conducted informally and the rules of
evidence need not apply. The hearing shall be conducted in an orderly manner with a view to
the presentation of all material facts so that a fair and impartial decision may be made. The
Commission Chairperson 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 Human Resources 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 pursuant to Section 5C.
PAGE 34
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION V
GRlEV ANCE/ APPEAL PROCEDURES
C. OPTIONAL SAFETY PERSONNEL CONTRACT GRIEVANCE PROCEDURE: Members of the
Police Bargaining Unit and of Fire Bargaining Unit may elect the following alternative method of
resolving grievances/appeals or any dispute between the City and an employee, or between the City and
the Employee Organization. This method does not apply to Management/Executive employees.
Disputes may include, but are not limited to, the following:
o suspension without pay, demotions, or removals (except during probationary period) and/or,
o The interpretation or application of any Article in the applicable Memorandum or
Understanding (MOU) 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
these Human Resource Rules and Regulations. In order to elect the procedure provided herein
the affected employee must give written notice of his or her intent to proceed under this
procedure at the time the grievance or appeal is filed. Such written election shall be on a
Contract Procedure Grievance Checklist form (available from Human Resources) and shall
contain an unequivocal and unconditional waiver of the right to proceed, under the terms of the
City Charter and/or the Human Resources Rules and Regulations, 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 procedure per incident or dispute.
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 or her
supervisor. It 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 resolve the grievance.
The employee may, at any point during this process, withdraw his or her grievance. This
withdrawal must be made in writing to the Human Resources Department.
Initially, all grievances shall be in writing, dated, and signed by the employee, and directed to
the Department Head by way of the immediate supervisor for solution, as set forth in
Employee Disciplinary Action Appeal Procedure (pg. 28-31) and Employees Grievance
Procedures (pg. 31-36).
PAGE 35
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION V
GRIEV ANCE/ APPEAL PROCEDURES
1. In the event the matter is not adequately resolved within fifteen (15) 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. Such request shall be made within ten
(10) calendar days, of receipt of the department Head's decision.
2. If an adequate solution to the matter is not resolved within fifteen (15) calendar days at the
City Administrator level, the employee may request, in writing, that the whole matter,
proceed to fmal and binding arbitration. Such request shall be made within ten (10) calendar
days of receipt of the City Administrator's decision.
3. 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 defmed in the Human Resources Rules and Regulations section entitled "Causes of
Removal, Suspension, Demotion, or Disciplinary Action", and shall have authority to uphold,
reduce or set aside the discipline including reinstatement and restoration of back salary.
4. 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 MOU.
5. The Arbitrator shall be selected by the alternative strike method from a list provided by the
State Mediation and Conciliation Service or such other method the parties may select.
6. The City and Employee (or Association) shall share equally the 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.
7. Both the City and Grievant shall comply with the final decision of the Arbitrator.
PAGE 36
City or Gilroy
HUMAN RESOURCES
RULES and REblJLA110NS
SECTION VI
LEAVE PROVISIONS
SECTION VI. LEAVE PROVISIONS
This section defines all types of leave provided to employees by the City. Also discussed are policies and
procedures specific to the different types of leave. Regarding overall leave accrual for new employees, if an
employee begins work between the 1st and 15th of the month, that employee will begin accruing leave effective
the first of that month. When an employee begins work between the 16th and 31st of the month, leave will
begin accruing on the first day of the following month.
A. VACATION: Every full-time employee who shall have been in the service of the City for one (1)
year shall annually be allowed vacation leave at the rates shown in the following tables. Employees
will be allowed to take earned vacation in the first year with the supervisor's approval. Vacation time
shall accrue while the employee is on paid status (either working or while on leave).
1. V ACA TION SCHEDULES: Schedules shall be posted annually in each department. Sign-up
shall be on the basis of seniority within classification and/or assignment. Senior employees
shall have first preference, unless exercise of such preference interferes with the service of the
department. Departments shall have the ability to establish alternative means of vacation sign-
up pursuant to agreements with bargaining representatives an/or department employees.
2. ACCUMULATION of LEAVE: Vacation is granted for the purpose of it being taken
annually. However, with approval of the Department Head concerned, an employee may have
the option to accrue up to two (2) years vacation leave for an extended vacation. For
Department Heads, approval of the City Administrator is required.
3. V ACA TION SALARY ADVANCE: With a minimum of two (2) weeks advance written
notice and the approval of the Human Resources Director, an employee preparing to use at
least one (1) week of accrued vacation may be issued a salary advance equaling that accrued
vacation time.
4. LEAVE CONVERSION DURING VACATION: 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 by the City
Administrator.
PAGE 37
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
S. VACATION DUE UPON TERMINATION: 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.
ALL CITY EMPLOYEES
(Exceot Fire Shift EmDloyees)
DURATION
OF SERVICE
V ACA TION
ACCRUED PER MO.
I - 5 years (inclusive)
6.67 hours
6 - IS years (inclusive)
10.00 hours
IS or more years
13.33 hours
FIRE DEPARTMENT
Shift EmDloyees Only
DURATION
OF SERVICE
V ACA TION
ACCRUED PER MO.
I - 5 years (inclusive)
12.00 hours
6 - IS years (inclusive)
18.00 hours
IS or more years
24.00 hours
V ACA TION PER YEAR
(In eiltht (8) hour days)
TEN (10) days
FIFTEEN (15) days
TWENTY (20) days
V ACA TION A V AILABLE
PER YEAR
144 hours
216 hours
288 hours
PAGE 38
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
B. SICK LEAVE: Sick Leave is time accrued and available for an employee to use only when he or she
is ill, injured, and unable to perform their job, or must be absent for medical treatment. Sick leave is
accrued while an employee is on paid status. A physician's verification of medical treatment may be
required at any time this leave is used. Employees needing to use sick leave are required to notify
their supervisor, or the supervisor's designee, not later than the start of each duty day that they must be
absent due to illness. Sick leave shall not be used to extend a disability.
1. USE OF SICK LEAVE FOR MEDICAL TREATMENT: Sick Leave may be used for
medical treatment. Employee shall make every attempt to schedule medical appointments so as
to minimize interference with the normal work day or on-call status.
2. ACCRUAL of SICK LEAVE: Employees shall accrue sick leave while on paid leave. Sick
leave may be used as it accrues. It shall be the policy of the city that employees be
encouraged to maintain a minimum sick leave balance for major illness and injury
SICK LEAVE ACCRUAL
FIRE BARGAINING UNIT EMPLOYEES
12.0 hours per month
ALL OTHER CITY EMPLOYEES
8.0 hours per month
3. RETIREMENT CREDIT FOR UNUSED SICK LEAVE: Retirement credit is available
through PERS for unused, accrued sick leave. If an employee retires from the City with
accrued sick leave on the books, the length of service for computing the retirement allowance
is increased 0.004 years for every eight (8.0) hours of sick leave. As an example, 250 days of
sick leave equals one year of service credit. For purposes of calculation, 12 hJ:s. = 1 day for
fire department.
PAGE 39
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
4. SICK LEAVE OR MEDICAL APPOINTMENT ABUSE: Any employee's use of sick leave
for any reason other than illness, injury, or inability to perform their job, or must be absent for
medical treatment, will constitute sick leave abuse. Determination of sick leave abuse is
established when the employee cannot produce a physicians written verification of illness upon
request, and one or more reliable witnesses state that the employee was not absent due to
illness, injury preventing an employee from performing their job, or for medical treatment.
Determination of sick leave abuse may result in the employee being subject to counseling, or
disciplinary action in the case of repeated incidents.
Also, failure to follow doctors orders which contribute to additional absence from work may be
construed as sick leave abuse. Employees shall manage appointments for health care treatment
to minimi7.e interference with work whenever possible.
C. FAMILY aLNESS LEAVE: An employee may be granted Family Illness Leave by the Department
Head up to, but not to exceed, five days per year (72 hours for Fire Department employees on 24 hour
shifts) to care for sick dependents. The employee is given the option of deducting this leave from either
his or her accumulated sick leave or earned vacation leave. Dependents will include grandparents,
parents, brothers, sisters, spouses, natural or adopted children, or one with whom the employee has a
significant relationship. A physician's verification of medical treatment and of necessary absence from
work may be required at any time this leave is used for sick or injured dependent.
In addition to the revisions above, employees may be entitled to additional time off without pay
pursuant to the California Family Rights Act of 1991 and/or the Federal Family and Medical Leave Act
of 1993. Interested employees should contact the Human Resources department for further
information.
D. SICK LEAVE for JOB CONNECTED INJURY - Industrial Illness/Injury Leave: An employee's
sick leave will be affected when he or she is injured on the job and is unable to work as follows:
1. NON-SAFETY EMPLOYEES will be allowed thirty (30) calendar days Industrial
Injury/Illness Leave before deduction from accumulated sick leave, if any, is made.
PAGE 40
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
2. SAFETY EMPLOYEES shall be granted benefits pursuant to Labor Code Sec. 4850 (copies
available from Human Resources upon request) which grants twelve (12) months paid Industrial
Illness/Injury leave before sick leave is used. This is in lieu of sick leave in the case of
industrial illness or injury.
3. When industrial injury/illness leave is exhausted, the employee shall receive salary payment as
follows:
a. ALL NON-SAFETY EMPLOYEES: Non-safety employees shall receive two thirds
(2/3) of their monthly salary up to the maximum allowed by the State of California.
Information on the current maximum figure is provided by the City's Workers'
Compensation Administrator. The difference equal to full pay is paid by the City
with the appropriate deductions from sick leave first, and then vacation leave until all
leaves are exhausted.
b. ALL SAFETY EMPLOYEES: All Safety Employees are paid one hundred percent
(100 %) of their monthly salary up to the maximum allowed by the State of California.
Information on the current maximum figure is provided by the City's Workers'
Compensation Administrator. The difference equal to full pay is paid by the City
with the appropriate deductions from sick leave first, and then vacation leave until all
leaves are exhausted.
4. Upon depletion of the sick leave, vacation, and other benefits available, the employee will
receive the Workers Compensation benefit, be placed on a Leave of Absence Without Pay and
a Break in Service shall occur.
E. WORKERS' COMPENSATION PROCEDURES: The following procedures are required in order to
ensure the City complies with State Workers' Compensation laws, and medical bills arising from a
work-related illness or inJury are paid on a timely basis by the City Workers' Compensation Insurance
Administrator.
PAGE 41
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
1. When an employee is injured or is taken ill on the job, the employee must obtain medical
attention as needed. The employee should arrive at the medical facility/physician's office with
a Medical Service Order. These forms are available in every department. If the employee
presents the proper authenticated form to the medical facility, the facility will bill the insurance
administrator rather than the employee or the City. Failure to use these forms may cause a
delay in payment for such medical services.
2.' The department concerned shall send the Accident Report (blaitk forms are available from
Human Resources) to the Human Resources Department within one (1) working day of the
incident. It is from this document that the Employer's Report is prepared for the insurance
administrator, so both speed and accuracy are essential.
3. The Human Resources Department will, within two (2) working days of receipt of the Accident
Report, submit the Employer's Report to the insurance administrator.
4. From this point on the City's Workers' Compensation Administrator, with oversight from the
Human Resources Director, is responsible for all further management of the claim.
5. The City's Accident Review Board, after reviewing Accident Reports, completes a Brief
Synopsis Report for each accident. This Brief Synopsis Report is forwarded to the immediate
supervisor. The supervisor shall have a private discussion with the employee regarding the
details and accuracy of the report. After discussion, the employee shall sign and date, and the
supervisor initial the Brief Synopsis Report. This report is then forwarded to the Department
Head who shall sign and date the report and forward all copies to the Human Resources
Department. All this shall be done in a timely manner. The Human Resources Director shall
sign the completed report and distribute copies to the Department Head, supervisor, employee,
and Human Resources Workers' Compensation file.
6. If an employee has a doctor's appointment during his or her regular shift, the employee will be
paid regular pay for the visit. If the doctor's appointment is outside of regular shift hours, the
employee will not be paid for time spent at the appointment. Transportation costs will be paid
by the City's Workers' Compensation Administrator.
PAGE 42
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
F. BEREA VEMENT LEAVE: 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. Such leave shall not be cumulative.
o All City employees (except Fire personnel on 24 hour shifts and Police personnel on the 4-10
Plan) shall be granted up to three (3) non-chargeable bereavement leave days per fiscal year.
o Fire Department employees on twenty-four (24) hour shifts shall receive forty-eight (48) hours
per fiscal year.
o Police Department employees on the 4-10 Plan shall receive thirty (30.0) hours per fiscal year.
G. DONATION OF VESTED TIME PROCEDURES: Realizing the value of regular City employees
and the need to retain their services, the City, under the following guidelines, will allow transfer of
vested time from one employee to another.
When an employee faces a catastrophic illness or injury that causes the employee to use all of their sick
leave, vacation, compensatory time off and all other leaves, this procedure may be used. A City
employee may transfer vested time to the injured/ill employee. The donation is offered on a voluntary
basis.
ELIGIBLE EMPLOYEE: Only employees in budgeted (benefitted) position are eligible to participate
in the voluntary Time Donation Program.
CATASTROPHIC ILLNESS: Catastrophic injury or illness is an injury or illness which is expected to
incapacitate the employee for an extended period of time and create a fmancial hardship because the
employee has exhausted all of his or her accumulated leave.
ACCUMULATED LEAVE: Accumulated leave is that time available to an employee, to which the
employee has vested rights. That leave is identified as compensatory time off and vacation leave.
VESTED TIME: For the purpose of this policy, vested time shall mean that time in which an
employee has monetary interest; specifically vacation leave, and compensatory time off.
PAGE 43
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
1. PROCEDURES:
a. The catastrophically injured or ill employee, through the Department Head, may
request that the Human Resources Director establish a Time Donation Program when
all his or her accumulated leave has been exhausted due to a catastrophic illness or
injury .
b. When authorized by the injured/ill employee in writing, the Human Resources
Director will establish, on behalf of the individual injured/ill employee, a Time
Donation Program. The Human Resources Representative will notify City employees
of the time share needs. (Notice is based upon an agreement with the injured/ill
employee receiving the time donation support.) Notification is done twice only, on a
once-a-month basis.
c. The catastrophically injured or ill employee will authorize the Human Resources
Director to make public only the information that the injured/ill employee is
comfortable with having made public.
d. The City reserves the right to modify or terminate an established Time Donation
Program as it deems necessary.
2. CONDITIONS UNDER WHICH LEAVE CREDITS MAY BE DONATED:
a. Any employee may donate vacation and compensatory time off.
b. Donated time must be in blocks of one (1) hour.
c. Upon transfer of the donor's time to the recipient, the donor will be treated as though
the donor never had a right to such time. The recipient shall be treated as if he or she
originally had right to such time.
1) Hence, the injured/ill employee will be taxed accordingly for all donated time
as it is used.
2) Donated time will be placed in a "pool". The total leave hours in that pool
will be credited to the catastrophically injured/ill employee's sick leave
account.
PAGE 44
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
3) Should any donated time remain in the catastrophically injured/ill employee's
sick leave account when he or she returns to work, the balance of donated
time will be returned to the donors. The amount of leave to be returned to
each donor will be the unused balance, divided in the same proportions as
originally donated.
EXAMPLE:
% of Hours
Donor Contribution Total Returned
John 20.00 hours 20% 10.40
Mary 10.00 hours 10% 5.20
Bob 8.00 hours 8% 4.20
Cheryl 12.00 hours 12% 6.20
George 50.00 hours 50% 26.00
100.00 hours 100% 52.00
Total hours donated (100) minus hours used (48) = hours returned (52)
Hours returned allocated by percentage donated by each employee.
3. MANAGEMENT of the PROGRAM: The Human Resources Director will:
a. Control the Time Donation Program.
b. Obtain written approval from the catastrophically injured or ill employee to announce
the need for a Time Donation Program, and a signed agreement allowing publication
of the need.
c. Ensure the injured/ill employee benefiting from the Time Donation Program agrees on
the content of the publicity.
d. Publicize the establishment of the Time Donation Program.
1) Strictly a voluntary program.
PAGE 45
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
2) All donations are confidential. However, donors have the option of stating
(on the Time Donation Form) their agreement to have their name included on
a list of donors to be provided to the injured/ill employee receiving
donations, upon request.
3) Under no circumstances will more than two (2) requests for time donations
be made for anyone catastrophically injured or ill employee be made, to
City employees.
4) Investigate any allegations of pressure or coercion in the solicitation
of donations.
H. JURY DUTY: An employee summoned for jury duty will be excused from work but must present
written proof of jury duty to his or her supervisor with a copy to the Human Resources 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 or she may keep the jury duty compensation and
not receive City pay for the time away from work. Said jury duty compensation, reimbursable to the
City, does not include travel, meals, or lodging.
I. HOLIDAYS: The legal holidays observed by the City shall include New Year's Day, Martin Luther
King Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day,
Thanksgiving Day, the day following Thanksgiving, and Christmas Day.
When a regular holiday falls on Sunday, the following Monday shall be granted as a day off, and when
a regular holiday falls on Saturday, the preceding Friday shall be granted as a day off.
PAGE 46
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
Police Department employees in the Police Bargaining Unit 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 6.0% of the
basic salary per month.
Police Records Technicians & Communicators 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 5.06% of the basic salary per
month .
Fire Department employees in the Fire Bargaining Unit, will have the option of taking time off for
each holiday at the rate of sixteen (16) duty hours per holiday, or payment of 6.37% of the basic
salary per month.
An employee who is on Leave Without Pay on the workday prior to a holiday is not eligible to receive
pay for that holiday.
J. FLOA TING HOLIDAYS: New eligible employees beginning work between July 1 and December 31
will be given two (2) floating holidays. New eligible employees starting work between January 1 and
June 30 will receive one (I) floating holiday and 2 floating holidays annually thereafter.
Usage of the time shall be subject to the normal approval processes. Floating Holidays may not be
carried over to subsequent fiscal years. 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.
K. 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.
L. LEAVE or 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 fmds 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.
An employee on leave of absence without pay may continue Medical and Life Insurance upon his/ber
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.
PAGE 47
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEA VE PROVISIONS
M. 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/or vacation benefits. A leave without pay will be governed by the section "Leave of Absence
Without Pay". Said leave will be for a reasonable length of time not to exceed four (4) months.
Other employees will be granted leave to care for dependents as set forth in Family Illness Leave.
Employees may be entitled to additional leave pursuant to the State and Federal Family Leave Acts.
N. PERSONAL LEAVE: Each employee will be granted Personal Leave annually. This leave is
credited and available to the employee on July I of each year and is not cumulative. The amount of
Personal Leave authorized is specified in the Memorandum of Understanding with the appropriate
Bargaining Unit. Personal Leave allotments are as follows:
NON-SAFETY EMPLOYEES
Management/Executive & Supv. Employees:
Confidential Employees:
24 hours
32 hours
All other Miscellaneous Employees Starting Work Between:
January 1 & June 30: 8 hours
July 1 & December 31: 16 hours
SAFETY - FIRE DEPARTMENT
Forty (40) Hour Workweek Employees Starting Work Between:
January 1 & June 30: 8 hours
July 1 & December 31: 16 hours
Shift Schedule Employees:
24 hours
SAFETY - POLICE DEPARTMENT
Police Unit:
Police Employees on 4-10 Plan:
16 hours
20 hours
PAGE 48
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VI
LEAVE PROVISIONS
O. MILITARY LEAVE: Employees who are members of Military Reserve or National Guard will be
allowed up to one hundred seventy three point thirty-three (173.33) hours (144 hours for Fire
Department Employees 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 drill schedule.
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 drill schedules.
P . EDUCATIONAL TIME OFF: Members of the Fire Bargaining Unit only may be granted time off to
attend accredited classes as specified in their current Memorandum of Understanding.
Q. FLSA EXEMPT GROUP: Any leave taken of less than eight (8) hours in a given day by an Exempt
Employee, is not charged against the employee's leave.
PAGE 49
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VU
FRINGE BENEFITS
SECTION VB: FRINGE BENEFITS
A. OVERTIME: 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 (MOU).
A limit is set by each Department for the maximum number of CTO hours an employee may accrue.
Once this limit is reached, the employee must either take the time off or be paid for those hours. See
the respective Department Head for details on a given department's policy and limit.
I. POLICE DEPARTMENT: AU employees within the GPOA Bargaining Unit shall be
compensated at the rate of time-and-one-half (1.5) for hours in excess of forty (40) hours per
week.
a. COMPENSATORY TIME OFF (CTO) is an option available to Police Department
employees. They have the option of taking CTO at time-and-one-half in lieu of cash
payment. All employees shall have the option of accruing a maximum of fifty (50)
hours.
b. CALL BACK, including court appearances, is dermed as any time at court or work
that does not continue into or continue after regular duty time. Any employee called
back to work, including court appearances, shall receive a minimum of three (3) hours
compensation, calculated at time-and-one-half (1.5).
2. FIRE DEPARTMENT: Overtime shall be paid for hours in excess of normally scheduled
work hours in accordance with their MOU.
PAGE 50
Cit)' or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vn
FRINGE BENEFITS
a, SHIFT (REGULAR) OVERTIME worked in increments of less than twenty-two (22)
hours shall be paid at a rate of time-and-one-half (1.5) based on a forty (40) hour
work week. Shift overtime worked in increments of twenty-two (22) hours or more
shall be compensated at the rate of time-and-one-half (1.5) based on a fifty-six (56)
hour work week.
b. OUT-OF-AREA STRIKE TEAM ASSIGNMENTS lasting more than forty-eight (48)
hours, shall, commencing with the forty-ninth (49) hour, pay overtime at the rate of
time-and-one-half (1.5 based on a forty (40) hour work week.)
c. CALL-BACK TIME (fires, drills, classes, meetings, et cetera) 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 two (2) hours at
the appropriate rate.
d. COMPENSA TORY TIME OFF (CTO) is an option available to Fire Department
employees. They may use up to a maximum of one hundred and twenty (120) hours
(maximum allowed by the Fair Labor Standards Act) per year (July 1 to June 30)
taken in minimum increments of three (3) hours subject to all normal approval
processes by the Department. On June 30th of each year, employees will be paid for
any hours in excess of one hundred and twenty (120) that they have in their CTO
bank.
3. OTHER EMPLOYEES: Employees called back during off-duty hours shall be compensated at
time-and-one-half (1.5) pay, with a minimum of two (2) hours.
Employees called back during a holiday will be compensated at a double-time rate (2.0).
PAGE 51
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VD
FRINGE BENEFITS
B. STANDBY:
1. 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-stand-by period, the employee shall
receive eight (8) hours pay at straight time for the holiday.
2. FIRE DEPARTMENT: Fire Unit employees required to standby shall be compensated on the
following basis and at the option of the Fire Chief or his or her designated staff. The
employee standing by at his or her residence and vicinity shall be reimbursed at one-half (.50)
of the amount of his or her regular hourly pay. Should the employee be called back to duty,
he or she will be reimbursed at the appropriate hourly pay.
3. POLICE DEPARTMENT: The employee standing by at his or her residence or reached
immediately by a telephone shall be reimbursed at one-half (.50) of his or her regular hourly
pay. Should the employee be called back to duty, he or she shall be reimbursed at the
appropriate Call Back rate of pay.
C. EDUCATION INCENTIVE: Courses must be applicable toward a degree and usable by the
particular employee in their employed capacity or for advancement within the City classification. All
course units are subject to approval of the City Administrator with recommendation from the
employee's Department Head. Employees qualifying for Educational Incentive shall complete the
necessary forms available from Human Resources. When this form is completed, including all the
necessary signatureS, it shall be returned to the Human Resources Department. Forms received
between the 1st and the 15th of the month, will receive incentive pay effective that month. Forms
received between the 16th and 31st of the month will begin receiving Educational Incentive pay
effective the 1st of the following month.
PAGE 52
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vn
FRINGE BENEFITS
1. MISCELLANEOUS and CONFIDENTIAL EMPLOYEES are entitled to the following
incentives. Adult Education classes, determined by the Department Head as job-related, shall
be included for purposes of compensation.
Colle2e Semester Units
30
60
Incentive Over
Base Pav
1.5%
3.0%
2. SUPERVISORY EMPLOYEES are entitled to $450 per year 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.
3. FIRE DEPARTMENT EMPLOYEES are entitled to the following:
Colle2e Semester Units
30
60
EMT -1 Certificate
Incentive Over
Base Pay
3.5%
5.0%
2.5%
4. POLICE NON-SWORN EMPLOYEES are entitled to the following:
Colle2e Semester Units
30 or Basic POST Cert.
60 or Inter. POST Cert.
Incentive Over
Base Pay
3.5%
5.0% (max)
PAGE 53
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vn
FRINGE BENEFITS
5. POLICE SWORN EMPLOYEES are entitled to the following:
Dee:ree or Certificate
Assoc of Arts or Inter. POST
Bachelor's or higher or Adv. POST
Incentive Over
Base Pay
5.0%
7.5 % (max.)
D. UNIFORM ALLOWANCE:
1. UNIFORMED MEMBERS OF THE POLICE DEPARTMENT are entitled uniform allowances
as noted below. This allowance does not cover badge and safety equipment which is furnished
by the City.
INITIAL UNIFORM ALLOWANCE:
a. All. Sworn Uniformed Police Employees shall receive an initial uniform allowance of
$200.
ANNUAL UNIFORM ALLOWANCE:
a. Sworn Police Employees shall receive an $874 annual allowance advance, paid in a
lump sum between July 1st and July 15th of each year.
b. Non-Sworn and Police Department members of the General Bar2ainine: Unit shall
receive a $375 annual allowance advance, paid between July 1st and July 15th of each
year.
c. Police employees upon termination shall reimburse the City for unearned uniform
allowance at the appropriated prorated amount.
PAGE 54
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vn
FRINGE BENEFITS
2. UNIFORMED MEMBERS OF THE FIRE DEPARTMENT will receive a class A uniform as
a new employee. Badge and safety equipment is also supplied by the City.
a. Each employee will receive $670 uniform allowance per year, paid between July 1st
and July 15th of each year.
b. Employees with Fire Suppression responsibilities receive two (2) sets of turnout gear
supplied by the City.
3. OTHER EMPLOYEES:
a. All emolovees whom the normal course of their duties. lift or carry heavy obiects. or
who work in. on. or around moving machinerv, as determined by the Department
Head, may be supplied one pair of safety shoes per year, of a quality equal to the
Red Wing or Sears Safety shoe. The employee is required to wear the shoes at all
times when applicable duties are performed.
b. Parks & Recreation and Public Works Field Emolovees shall be supplied, by the City,
with six shirts and patches per year, of a quality comparable to the J.C. Penney shirt.
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.
c. ECIuioment Maintenance Shoo Emolovees shall be provided by the City, through a
laundry rental service, five shirts and three pants per week.
PAGE 55
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vn
FRINGE BENEFITS
E. REALm INSURANCE:
1. MEDICAL INSURANCE is provided to all regular, full-time employees by the City through
either Kaiser Permanente facilities and physicians, or through Lifeguard Health Maintenance
Organization. Both insurance carriers provide a full range of medical services with small
employee deductibles. Literature providing details on both organizations shall be provided to
each employee by the Human Resources Department when starting employment or upon
request.
2. DENTAL INSURANCE is supplied by the City through Confederation Life Insurance
Company. The percentages listed below are paid by Confederation for eligible, reasonable,
and customary dental charges (as determined by Confederation) incurred while an employee is
insured. The expenses are subject to the $50 per person deductible and must be recommended
as necessary by a dentist or physician. Literature providing details on this insurance shall be
provided to each employee by the Human Resources Department when starting employment or
upon request.
I ()() % for preventative treatment.
80 % for routine treatment.
50% for major restorative treatment.
50% for orthodontic treatment.
3. OPTIONAL. EMPLOYEE-PAID VISION INSURANCE is made available by the City through
A VP Vision Plans. Literature providing details on this insurance shall be provided to each
employee by Human Resources when starting employment or upon request.
4. PREMIUM CONTRIBUTIONS: The City shall contribute an amount per employee per month
for health and dental insurance per the MOO. Current contribution amounts are distributed
annually to all employees by Human Resources.
PAGE 56
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vn
FRINGE BENEFITS
F. CONTINUATION or GROUP HEALTH COVERAGE: Federal law requires that the City provide
limited continuations of group medical insurance benefits for reasons as stated below. All employees
will be notified of this benefit twice; Once when hired and again when they experience a qualifying
event as defined below. The eligible employee and/or dependents must request group continuation
coverage within sixty (60) calendar 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 by the 25th of the month prior to the month covered. Rates are subject to change when the
City group rates change.
Continued group health coverage is for either eighteen (18) or thirty-six (36) months as follows:
18 MONTHS: For the employee and dependents, when the employee goes on Leave
Without Payor leaves employment with the City for reasons other than
Gross Misconduct.
36 MONTHS:
a. A spouse who loses group coverage because of divorce or legal separation,
or the death of the employee.
b. 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.
G. LONG TERM DISABaITY INSURANCE (LTDO: LTDI is provided by the City to ensure
continuation of income should an employee be injured or become ill, when not at work, and be unable
to return to work within ninety (90) calendar days.
PAGE 57
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VB
FRINGE BENEFITS
1. MISCELLANEOUS. EXEMPT. and CONFIDENTIAL EMPLOYEES shall have, maintained
by the City, Long Term Disability Insurance (LTDI) providing for a Ninety (90) calendar day
elimination period and payment of sixty (60%) percent of salary to a maximum of five
thousand ($5,000) dollars per month. Employees have the option of using accrued paid time to
supplement LTDI to bring gross wages to one hundred (100%) percent.
2. SAFETY EMPLOYEES: The City shall contribute up to the following amounts per employee
per month for approved Long Term Disability Insurance programs:
a. FIRE EMPLOYEES $12.50
b. POLICE EMPLOYEES $20.50
H. LIFE INSURANCE: The City provides group life and accidental death and dismemberment
insurance for employees in accordance with the respective MOUs as follows:
1. Exempt Unit: 100% of annual salary.
2.
Supervisory, Confidential, and Sworn
Police Unit members:
$15,000
3.
Miscellaneous General Unit members:
$10,000
4.
Fire Unit members:
$30,000
5.
Police Non-sworn Unit members:
$ 5,000
I. MEALS:
1. Miscellaneous Emolovees shall be provided a meal at City expense if they are required to work
ten (10) hours or more in a single working day. The meal must be taken on the day the
overtime is performed and a receipt must be provided.
PAGE 58
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vn
FRINGE BENEFITS
2. Fire Emplovees shall contribute Fifty ($50) dollars per employee per year to the Station House
Fund. The payment shall be made in a lump sum payable by July 31 of each year. Employees
are responsible for replacement and purchase of all silverware, dishes, cooking utensils, pots
and pans.
J. BaINGUAL COMPENSATION: Employees of the Police and Fire Department who demonstrate
the ability to communicate effectively in both English and Spanish or other languages used by a
significant portion of the City's population. as determined by the City, will be compensated at the
following rates over their respective base salary in whatever step they may be, in accordance with their
MOU. Miscellaneous employees are eligible for bilingual pay upon the approval of their Department
Head.
DEPARTMENT
FIRE
POLICE
MISC
PERCENTAGE INCREASE
IN BASE SALARY
2.5%
5.0%
2.5%
PAGE 59
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VIII
MISCELLANEOUS POLICIES AND PROCEDURES
SECTION VIII: MISCELLANEOUS POLICIES and PROCEDURES
A. ALCOHOL AND CONTROLLED SUBSTANCE ABUSE POLICY: It is City policy that
employees shall not be under the influence of or in possession of alcohol or controlled substances; nor
possess alcohol or drugs while on City property, in city vehicles, at work locations, while on duty or
subject to being called to duty; nor sell or provide alcohol or drugs to any other employee or to any
person while such employee is on duty or subject to being called; nor have their ability to work
impaired as a result of the use of alcohol or drugs. Alcohol and substance abuse will not be tolerated,
and disciplinary action up to and including termination will be used as necessary to achieve this goal.
Contact the Human Resource Department for more information and/or to review the detailed policies
regarding alcohol and controlled substance abuse including drug testing which had been adopted for
individual bargaining units.
B. ASSOCIATION DUES: Automatic payroll deduction changes for employee association and/or union
dues shall be authorized in writing by the appropriate association/union to both Payroll and the Human
Resources Department. This notification shall be made no later than the 15th of the month in which
the desired change should take effect.
C. EMPLOYEE or 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, City Administrator 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.
D. EMPLOYEE TRAINING: It is the policy of the City to encourage and facilitate a program of
training in the interests of employee efficiency and as an aid to qualifying employees for advancement.
The Human Resources Director, in coordination with the appropriate Department Heads, shall take the
following steps to develop and facilitate programs of training:
I. Inform employees regarding possibilities of advancement in their field of work, and suggest
any additional training of value.
2. Work with Department Heads in developing supervisory training programs.
PAGE 60
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
3. Promote employee training programs sponsored by educational institutions for the area.
4. Maintain copies of certificates and diplomas in the employee's Human Resources file at the
employee's request.
E. FINANCIAL RESPONsmaITY of EMPLOYEES: An employee may be subject to disciplinary
action if the City has been served with more than one judgement concerning garnishment (except when
the garnishment is related to Child Support, tax levies, or the discharge of debt through Bankruptcy) on
that employee. Before any disciplinary action is taken against an employee for successive judgements
of wage garnishments, the employee shall be counseled by their supervisor so as to warn the employee
that future fmancial involvement of this kind may lead to disciplinary action.
F. HUMAN RESOURCE RECORDS: The Human Resources Department shall maintain a master
record for each 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 or her employment with the City. In addition, a Human Resources file shall be
maintained for each employee in which are kept copies of forms and other records affecting the
employment status of the employee.
At the time of an employee's separation from service, the master record will be placed in his or her
Human Resource 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 this file in the presence of a representative of the
Human Resources Department.
It is the responsibility of each employee to promptly notify the Human Resources Department, and the
department to which he or she is assigned, of any changes in address, telephone, or emergency contact
person.
G. MARITAL STATUS: It is the policy of the City of Gilroy not to discriminate in its employment and
personnel actions with respect to its employees, prospective employees, and applicants on the basis of
Marital Status. No employee, prospective employee, or applicant shall be improperly denied
employment or benefits of employment on the basis of his or her marital status. This policy applies to
the selection of persons for a training program leading to employment in addition to the above-
designated persons.
PAGE 61
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VIII
MISCELLANEOUS POLICIES AND PROCEDURES
Marital status is defined as an individual's state of marriage, non-marriage, divorce or dissolution,
separation, widowhood, annulment, or other marital state for the purpose of this anti-discrimination
policy .
Spouse is dermed as a partner in marriage as dermed in California Civil Code Section 4100.
Notwithstanding the above provisions, the City of Gilroy retains the right:
1. To refuse to place a spouse under the direct supervision of the other spouse where such has the
potential for creating adverse impact on supervision, safety security, or morale.
2. To refuse to place both spouses in the same department, division, or facility where such has
the potential for creating adverse impact on supervision, safety, security. or morale, or
involves potential conflicts of interest.
3. To maintain or adopt bona fide health plans which provide additional or greater benefits to
employees with dependents than to those employees without or with fewer dependents.
H. 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 Human Resources Director to be filed in the
employee's Human Resources file. 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 Human Resources Director for inclusion in
the employee's Human Resources file.
I. EMPLOYEE PERFORMANCE APPRAISAL (EPA): It is the policy of the City of Gilroy to
encourage and facilitate a program of evaluation and training in the interest of employee efficiency and
as an aid to qualify employees for advancement.
PAGE 62
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
Prior to the scheduled employee evaluation date, the supervisor shall complete an Employee
Performance Appraisal (EPA) form (available from Human Resources Department), and meet with
the employee to review and discuss the performance appraisal. When finished, the employee will sign
the EPA form and be provided with a copy. Signature shall not necessarily indicate concurrence but,
in the alternative, may acknowledge receipt only. The EPA form will then be forwarded to the
Division Head (if applicable), Department Head, Human Resources Director, and the City
Administrator in succession for signatures. The EPA form is then placed in the employee's Human
Resources file.
EMPLOYEE APPRAISAL PERFORMANCE POINTS: The following steps will be taken to facilitate
the EP A process.
1. A supervisory conference should be held in private with the employee and using the employee
review form.
2. The employee should be asked to be candid about the review and for their comments, both
orally and on the "comments" section in writing. The employee should be given ample time,
in private, to complete this section.
3. The employee should be left with a clear set of directions (goals) for what they are expected to
do and what future achievements are expected of them.
4. It is the employee's responsibility to ask questions for clarity.
5. The employee should have the supervisor's undivided attention. Let them know they are
important to the City. Treat them with dignity and respect.
6. If performance in an area is a problem, don't keep it a secret. Be honest with the employee.
The employee should have a thorough understanding of the Standards of Performance and the
ratings given at the time of the review.
7. The Supervisor shall submit all EP A forms to the Department Head for approval within one (1)
week prior to the effective date.
PAGE 63
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
8. Formally evaluate probationary employees at six (6) months and at the twelve (12) month
conclusion of their probationary period. The EP A will be prepared with sufficient time for the
implementation of the recommendation, such as placement in the regular General Service,
extension of probation, or termination.
9. For purposes of subsequent perfonnance merit step advancement on salary schedule, and
employee's annual salary review and advancement date shall be twelve (12) months from the
date of that six-month advancement.
10. All employees in the General Service will be evaluated annually.
11. Supervisors will promote employee training programs and employee development whenever
possible.
12. If necessary, during the probation period, probationary employees will be given constructive
formal counseling. Such counseling will be recorded on a form provided by Human Resources
and made a part of the employee's Human Resources file.
PAGE 64
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
EMPLOYEE APPRAISAL FLOW CHART
~
H.R. Dept. distributes EPA H.R. Dept. reviews
Status Report and Perf. Rev.
form to Dept. Heads the 1 st of EPA and salary plan
every month. for compliance.
Goes back to
I Not Approved supervisor for further
review and adjustment.
Approved
Supervisor completes EPA H.R. Dir. and City
Admin. review EPA
and sign.
Merit Increase
No
Supv. conducts revue and Yes
receives feedback from
employee. Forward H.R. Action
Form to payroll for
employee increase if
appropriate.
Employee signs and dates EPA
& may add comments. Supv. &
next higher level sign EPA.
EPA recorded and filed
in employee's file.
H.R. Department
forwards copy to
Supv. submits completed forms employee.
to H.R. Dept. with all required
signatures no later than the due
date on the EPA status report.
Employee review
H.R. Dept. logs the date the begins.
EPA was received from Dept. I--
for the Status Report.
PAGE 65
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
~
J. PRE-RETIREMENT EMPLOYEE-PAID PERS: PERS retirement payments are calculated on the
salary paid during the last three years of employment except for the Fire Unit starting June 30, 1993
when the single highest year will be considered and for the sworn police officer starting January I,
1994 when the single highest year will be considered.
An employee can boost the salary level upon which this calculation is made by requesting that the net
PERS contribution, normally paid by the City, be paid directly to the employee (thereby raising the
salary figure), and the employee, in turn, pays their own PERS contribution.
Specifically, the City will contribute to the Employee's gross pay the net PERS contribution. This net
contribution is defmed as the employee's contribution paid by the City less the benefits (i.e. Workers'
Compensation, Unemployment Insurance, PERS-City Contribution, and Miscellaneous Disability
Insurance) that are based on an employee's gross salary.
For the calculations of all overtime, specialty or premium pays, or paying your own PERS formula, the
employee's original base pay is used. Formulas and examples are as follows:
1. PRE-RETIREMENT MISCELLANEOUS EMPLOYEE-PAID PERS:
EXAMPLE:
Employee at a salary of (variable)
(+ any Educational, Bilingual, Holiday Pay)
Employee's contribution to PERS
City's PERS contribution rate for employee
City pays Unemployment/Workers' Compo
for employee
$4870/mo.
7.0%
6.0802 %
1. 991 %
PAGE 66
City or Gilroy
HUMAN RESOURCES
RULES aDd REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
FORMULA:
City's PERS contribution for employee
PLUS Unemployment/Workers' Compo
TOTAL % City pays toward PERS for employee
6.0802 %
1. 991 %
8.0712 %
8.0712% PERS City Contribution
X 7.??oo% Employee Contribution
0.56498% Employee's share of City Contribution
Employee PERS Contribution rate
LESS Employee's share of City Contribution
Actual percent of salary increase
$4870.00
X .0643502
$313.39
Current salary
Percent of salary increase
Salary increase per month
$4870.00
+ 313.39
$5183.39
Current salary
Salary increase
Total adjusted salary
7.??oo%
0.56498%
6.43502%
2. PRE-RETIREMENT SAFETY EMPLOYEE-PAID PERS:
EXAMPLE:
Employee at a salary of (variable)
(+ any Educational, Bilingual, Holiday Pay)
Employee's contribution to PERS
City's PERS contribution rate for employee
City pays Unemployment/Workers' Compo
for employee
$40 17/mo.
9.0%
13.661 %
7.513%
PAGE 67
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
FORMULA:
City's PERS contribution for employee
PLUS Unemployment/Workers' Compo
TOTAL % City pays toward PERS for employee
13.661 %
7.513%
21.174%
21.174%
X 9.000%
1. 90566 %
PERS City Contribution
Employee Contribution
Employee's share of City Contribution
Employee PERS Contribution rate
LESS Employee's share of City Contribution
Actual percent of salary increase
9.??oo%
1. 90566 %
7.09434%
$4017.00 Current salary
X .0709434 Percent of salary increase
$284.98 Salary increase per month
$4017.00
+ 284.98
$4301.98
Current salary
Salary increase
Total adjusted salary
K. SALARY VERIFICATION: All salary verifications will include the following:
o Base Pay
o Education Incentive Pay
o Holiday Pay
o Bilingual Pay
No other contributions, including PERS, are included. It will be the responsibility of the Human
Resources Department to provide this information.
PAGE 68
City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
L. SAFETY & HEALTH: The City of Gilroy is committed to the safe and health of all employees in the
workplace. To that extent, we have implemented the Injury and Illness Prevention Program.
Members of management are expected to do everything within their control to assure a safe
environment and to always be in compliance with federal, state, health, and local safety regulations.
Employees are expected to obey safety rules, follow established safe work practices and exercise
caution in all their work activities.
All employees are expected to immediately report any unsafe conditions to their supervisor. Employees
at all levels of our organization who are responsible for correcting unsafe conditions should do so.
Working together, we can succeed in having a workplace which is safe, healthful and shall do
everything necessary to protect the life, health and safety of all employees. Contact the Human
Resources Department for the Safety & Health Handbook.
M. 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 provided 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 above mentioned choices.
PAGE 69
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
The emblems are awarded as follows:
Years of
Service
Gift DescriDtion
5
14K gold emblem on selected jewelry.
10
14K gold emblem on selected jewelry
with one (1) 2 pt. diamond.
15
14K gold emblem on selected jewelry
with two (2) 2 pt. diamonds.
20
14K gold emblem on selected jewelry
with three (3) 2 pt. diamonds.
25
14K gold emblem on watchband or selected jewelry with four (4) 2 pt
diamonds.
30
14K gold emblem on watchband or selected jewelry with one (1) 12 pt.
diamond.
35
14K gold emblem on watchband or selected jewelry with one (1) 14 pt.
diamond.
40
14K gold emblem on watchband or selected
jewelry with one (1) 16 pt. diamond.
These awards shall be presented by the City at appropriate ceremonies.
PAGE 70
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VOl
MISCELLANEOUS POLICIES AND PROCEDURES
N. POLICY ON SEXUAL HARASSMENT
1. Generallv: It is the policy of the City of Gilroy to promote an employment environment free
of unlawful discrimination. Discrimination on the basis of race, color, religion, sex, national
origin, ancestry, handicap, medical condition, marital status, or age over 40 in the work
environment is unlawful and will not be tolerated by the City.
2. Sexual Harassment: Sexual harassment is a form of unlawful sexual discrimination and will
not be tolerated by the city. Federal and State guidelines provide that unwelcome sexual
advances, requests for sexual favors and other verbal, visual, or physical conduct of a sexual
nature constitute sexual harassment when:
a. Submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment:
..
b.
The submission to or rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual: or
.
c. Sexual advances, requests for sexual favors or other verbal or physical conduct of a
sexual nature have the purpose or effect of unreasonably interfering with an
employee's work performance or of creating an intimidating, hostile, or offensive
work environment.
The City strongly forbids any form of sexual harassment, including acts of non-employees.
Appropriate disciplinary action will be taken promptly against any employee, supervisory or
otherwise,engaging in sexual harassment.
3. Comolaint Procedure: The goal of a sexual harassment complaint procedure is to stop
harassing behavior in a prompt and effective manner, while still maintaining a good working
relationship among the City's employees. All City employees have the right to file complaints
of alleged sexual harassment. The procedure for filing sexual harassment complaints is as
follows:
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City of Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
a. Infonnal Comolaint: Any employee who has been sexually harassed should attempt
to immediately resolve the problem infonnally by expressing his/her discomfort with
the behavior to the offender in a constructive manner, and by requesting the offender
to stop the behavior. Compliance with this informal complaint procedure is not a
prerequisite to the filing of a fonnal complaint.
b. Fonnal Comolaint: Any employee who alleges that he or she has personally suffered
sexual harassment, or one who has learned of such unlawful harassment in his or her
official capacity, shall report such unlawful discrimination, either orally or in writing,
to his/her immediate supervisor, or directly to the Personnel Director. In making
such reports, the employee need not follow any established chain of command, so
long as the matter is reported to any supervisory or managerial employee.
The complaint may be referred to a person designated by the Personnel Director to
investigate such complaints, as appropriate.
c.
Investie:ation of Comolaint: Upon receipt of a complaint of sexual harassment, the
investigator shall conduct an immediate investigation into the allegations. The
investigation may include meeting with the complainant, the accused, and any
witnesses to the conduct.
a
d. Resolution: Once the investigation is complete, the responsible manager shall make a
determination of the appropriate corrective action, if any. and shall inform the
complainant.
e. Confidentialitv: Throughout the process, the matter subject to the complaint shall be
kept as confidential as possible. Materials pertaining to the complaint which do not
form a basis for discipline shall be maintained in a file separate from the personnel
files of the participants.
f. Dissemination of Policy: Copies of the City's Non-Discrimination Policy, and of
these complaint procedures, shall be provided to all employees of the City upon
adoption. Copies shall also be provided to all new employees at the time of hiring.
PAGE 72
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
O. SMOKING POLLUTION POLICY: The Smoking Pollution Control Ordinance was passed by the
Gilroy City Council in 1986. Smoking is prohibited in hearing rooms or places of public assembly
owned by the City of Gilroy or in which the business of the City of Gilroy, or any of its boards or
commissions, is conducted, as well as restrooms, waiting rooms, lobbies and public hallways of every
building under direct or indirect control of the City of Gilroy. Contact Human Resource Department
for more information on this procedure.
P. SUBPOENAS SERVED at CITY HALL:
1. CITY RECORDS: In accordance with State Law Section 416.50, when a subpoena is served
on the City for non-safety public records, summons, or other documents belonging to the City,
the following City employees are authorized to receive legal documents:
City Clerk
Deputy City Clerk
Mayor
These documents must be time stamped and recorded on a log when they are served upon the
City. The documents are then forwarded to the Risk Manager for disposition.
2. SUBPOENAS SERVED FOR TESTIMONY OF CITY EMPLOYEES: The procedure for
compelling the testimony of a City employee in a court action varies depending on whether the
action is civil or criminal, and on whether the City is a party to the action. Witness fees and
mileage compensation are mandatory in civil actions but discretionary in criminal actions.
Also, the amount of compensation and the procedure for serving the subpoena vary depending
on whether the City is a party to the action.
The following rules shall apply whenever a subpoena is issued for the purpose of compelling
the testimony of a City employee. However, in all cases, the employee should, at the time the
subpoena is served on him or her, demand witness fees and mileage compensation. The
employee should then forward the subpoena and any fees paid directly to the Risk Manager for
disposition.
PAGE 73
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City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION vm
MISCELLANEOUS POLICIES AND PROCEDURES
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.
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 !!Q! to be used for personal
purposes other than commuting or minimum 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 minimum personal purposes will be reported to the
Internal Revenue Service as a taxable fringe benefit at the current rate per one-way trip for
such use or by an amount determined by actual mileage calculation. In the latter case, the
employee must keep an up-to-date monthly mileage record in his or her vehicle, and the
employee's W-2 form will reflect the actual mileage of personal use multiplied by the IRS-
approved rate per mile. The current one-way trip rate and I.R.S. mileage allowance figures
are available from Human Resources.
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 I through
November 30.
b. The City will not withhold taxes on the vehicle use benefit. The value for the able use
will be included annually in gross income on the employee's W-2 form, without
increase in withholding.
U. WELLNESS: The city supports Employee Wellness Programs. Employees shall maintain good
personal wellness and health care practices so as to minimize the necessary use of sick leave and
absences from work.
PAGE 78
City or Gilroy
HUMAN RESOURCES
RULES and REGULATIONS
SECTION VOl
MISCELLANEOUS POLICIES AND PROCEDURES
.
,
#'
V. WORK WEEK PERIODS: To ensure compliance with the Fair Labor Standards Act (FLSA), the
following shall be the official Work Weelc for the City of Gilroy:
The City's work week shall be from Monday at 12:01 a.m. through Sunday Midnight. The normal
work week is forty (40.0) hours per week.
1. EXEMPTIONS: Exemptions from this work week are Law Enforcement and Fire Protection
(hereinafter known as Safety personnel) who do not work a five (5) day, forty (40) hours work
week. Safety personnel will operate within the FLSA 17(k) exemptions and the City of Gilroy
Resolution No. 85-42. The 17(k) exemptions state that Law Enforcement may have a work
period of twenty-eight (28) days and Fire Protection may have a work period of twenty-seven
(27) days. These periods are used as "windows of time" within which time worked (for non-
forty hour/week personnel) can be averaged more accurately for calculation of benefits based
on pay.
,.
GLOSSARY
.
BASE WAGE: The amount referred to in the classification schedule level or range and step.
.
..
PAGE 79
~ ~ #
.
(.
(.
~.. ~
I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 94-18
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 22nd
day of
Februarv
, 19--2L,
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 15th day of
March
,1994.
~~ -.
. city Clerk of the ~ity of Gilro
(Seal)