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Res 83-017RESOLUTION NO. 83-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING THE PERSONNEL RULES AND REGULATIONS WHEREAS, Ordinance No. 90 , An Ordinance Establishing a Personnel System for the City of Poway requires that the Personnel Officer develop personnel rules and submit them to the City Council for their approval; and WHEREAS, the Personnel Officer has developed the attached rules with the assistance of an outside consultant; and WHEREAS, the rules have been reviewed and revised as necessary through input from the City's department and division heads; and WHEREAS, City staff has reviewed these rules with representatives from the recognized employee organizations in accordance with Government Code Section 3500 and where appropriate the recommended rules were revised per agreement with the employee groups. NOW, THEREFORE, BE IT RESOLVED that the attached personnel rules are hereby adopted. PASSED AND ADOPTED by the City Council of the City of Poway, California, at a regular meeting thereof this 29th day of March , 1983. Mary She~ardson, Mayor ATTEST: Marjor~/K. Wahlsten, City Clerk RULE 1 GENERAL PROVISIONS 1.1 AUTHORITY 1.2 The following rules, policies, and procedures are promulgated under the authority of Ordinance No. 90, the Personnel Ordinance of The City of Poway. The Personnel Rules shall be adopted and amended by resolution of the City Council. PURPOSE The purpose of these Rules is to establish a system of personnel adminis- tration based on merit principles. These merit principles include: a) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledges and skills, including open consideration of qualified applicants for initial appointment; b) Providing equitable and adequate compensation; c) d) e) Training employees as needed, to assure high quality performance; Retaining employees on the basis of the adequacy of their performance, correction of inadequate performance and separating employees whose inadequate performance cannot be corrected; Assuring impartial treatment of applicants and Employees in all aspects of personnel administration without regard to political affiliation, race, religion, color, sex, age, marital status, national origin, or handicap and with proper regard for their privacy and constitutional rights as citizens. 1.3 APPLICATION The provisions of these rules shall apply to all offices, positions, and employments in the services of the City, except: a) Elective officers. b) Members of appointive boards, commissions and committees. c) City Manager, City Attorney, City Clerk, and City Treasurer. d) Persons engaged under contract to supply expert, professional, or technical services for a definite period of time. e) Volunteer and Temporary personnel. 1.4 SCOPE This chapter is a compilation of rules, policies and procedures which govern and affect personnel administration for all employees of the City of Poway, pursuant to the purposes outlined in Rule 1.2 herein, unless specified otherwise. The rules, policies, and procedures incorporated herein shall not preclude the development of internal rules, policies, and operating procedures within specific departments of the City nor the development of personnel or administrative policies and procedures govern- ing the implementation of these rules, policies, and procedures. 1.5 SEVERABILITY If any provision of these rules, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of the rules, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. -6- 1.6 1.7 APPOINTING AUTHORITY As used in these Rules, the Appointing Authority shall be the City Manager, or his/her designee(s). DEFERRAL In cases where these Rules conflict with memorandums of agreement duly agreed upon between authorized employee organizations and the City, the provisions of the memorandum of agreement shall govern. In all other cases, the Rules shall apply. -7- RULE 2 DEFINITION OF TERMS Terms used in these rules are defined as follows: 2.1 ALLOCATION The assignment of an individual position to an appropriate classification on the basis of the type, difficulty, and responsibility of the work per- formed in the position. As used in these personnel rules, employees are appointed to positions; positions are allocated to classes. 2.2 ANNIVERSARY DATE The date recurring yearly upon an employee's regular appointment or date of hire. This date is used principally in matters regarding vacation, sick leave and other related personnel actions. 2.2.1 Anniversary Date Following Promotion Without changing the date or anniversary of an employee's regular appointment, for purposes of salary administration and related personnel actions an employee will have an additional anniversary date recurring yearly upon the date of promotion. 2.3 APPOINTING AUTHORITY The City Manager, or by delegation,.any other person. 2.4 APPOINTMENT The employment of a person in a position. Types of appointment include: 2.4.1 Original Appointment The person's first appointment as a City employee. -8- 2.4.2 2.4.3 2.4.4 2.4.5 Provisional Appointment The temporary employment of a person to a vacant position for no more than a six (6) month period for emergency or interim con- ditions. The Personnel Officer may extend ~ provisional ~ppoint- ment for an additional six (6) month period. Probationary Appointment The probationary employment of a person in a regular position. A probationary appointment is for a specified period during which job performance is evaluated as the basis for consideration for regular appointment. Regular Appointment The employment of a person in a regular position, following the successful completion of a probationary period. Promotional Appointment The probationary employment of an employee in a regular position following a promotion. 2.5 CERTIFICATION 2.6 The process whereby the Personnel Officer identifies for an Appointing Authority eligible individuals who have successfully completed all qualify- ing requirements for appointment and appear on an employment list. CLASS A group of positions sufficiently similar in duties, responsibilities, authority, and qualifications for employment to permit combining them under a single title and equitable application of common standards of selection and compensation. 2.7 CLASSIFICATION PLAN The designation of a title for each class together with the specification for each class as prepared and maintained by the Personnel Officer. -9- 2.8 CLASS SPECIFICATION A written description of a class setting forth factors and conditions which are essential characteristics of positions in that class. 2.10 CONTINUOUS SERVICE The employment without break bationary or regular appointment. 2.11 DATE OF HIRE or interruption of an employee having a pro- appointment to the City service. This Vacation, sick leave, and The date of an employee's original date is used principally in matters regarding other related personnel actions. 2.12 DEMOTION The voluntary or involuntary reduction of a regular employee from a position in one class to a position in another class having a lower maximum salary rate. 2.13 DISMISSAL The involuntary separation of an employee from the service of the Ci'ty. 2.14 ELIGIBLE APPLICANT A person whose name is on an employment list. 2.15 EMPLOYEE A person occupying a position. 2.15.1 Provisional Employee An employee who has a provisional appointment to a vacant position pending the selection process as provided in Rule 5 for no more than a six (6) month period or, upon specific action by the -10- Personnel Officer, a second six (6) month period for a total pro- visional appointment of twelve (12) months. 2.15.2 Temporary Employee An employee in a position of limited duration. 2.15.3 Probationary Employee An employee who has a probationary appointment. 2.15.4 Regular Employee An employee who has successfully completed the probation period in a permanent position. 2.15.5 Part-Time Employee An employee who works less than full-time on monthly, or annual basis. a daily, weekly, 2.15.6 Full-Time Employee An employee who works on a full-time basis on a daily, weekly, monthly, or annual basis, as defined by departmental working sche- dules. 2.16 EMPLOYMENT LIST 2.16.1 Open Employment List A list of names of persons who have taken an open-competitive exa- mination for a class and havequalified. 2.16.2 Promotional Employment List A list of names of persons who have taken a promotional examina- tion for a class and have qualified. 2.16.3 Reinstatement List A list of names of probationary and regular employees who have been laid-off or demoted in lieu of layoff. -11- 2.17 EXAMINATION Any device or procedure used in the selection process to measure applicant abilities and suitability for a position including, but not limited to, oral performance interviews, written tests, performance tests, evaluation of during probation, and an evaluation of education and experience. The types 2.17.1 2.17.2 2.17.3 of examination processes include the following: Open-Competitive Examination An examination for a particular class which is open to all persons meeting the qualifications for the class. Promotional Examination An examination for a particular class which is employees meeting the qualifications for the class. open to any Continuous Examination An open-competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one year. 2.18 HOURLY RATE The amount paid an employee for each hour worked. any amount within a specific hourly wage range. 2.19 IMMEDIATE FAMILY The hourly rate may be For the purposes of these Rules, immediate family consists of an employee's mother, father, spouse, and dependent children. 2.20 LAY-OFF The termination of a position or positions due to reorganization, reassign- ment, the lack of work to be accomplished, or the lack of funds. -12- 2.21 LEAVE Authorized or unauthorized absence from an employee's place of work. 2.22 NON-SAFETY EMPLOYEE Any employee not defined by State law as a sworn employee. 2.23 OVERTIME Overtime is time worked in excess of the normal work hours for the classifi- cation as authorized by the employee's supervisor. 2.24 PERSONNEL ACTION Any action taken with reference to appointment, compensation, promotion, transfer, layoff, dismissal, discipline, commendations, or any other action affecting the status of employment. 2.25 PERSONNEL OFFICER The City Manager or his/her designee. 2.26 POSITION A combination of current duties and responsibilities requiring the full or part-time, or temporary services of an employee. 2.27 PROBATIONARY PERIOD A trial period during which an employee is required to demonstrate'his/her fitness for the actual performance of the assigned duties of the position. 2.28 PROMOTION The advancement of an employee from a position in one class to a position in another class having a higher maximum rate of pay. -13- 2.29 REASSIGNMENT The change of an employee from one class to another class. 2.30 RECLASSIFICATION A change in the classification level of an individual position by raising it to a higher class, reducing it to a lower class, or by moving it to another class at the same level on a basis of significant changes in kind, difficulty, or responsibility of the work performed in the position. 2.31 REDUCTION IN PAY A salary decrease within the limits of the pay range established for a class. 2.32 REINSTATEMENT The re-employment without examination from a reinstatement list of eligi- bles of a laid-off employee into the same or lower class from which the employee was laid-off. 2.33 REHIRE The re-employment, without examination, within one (1) year of separation, of a former regular or probationary employee into the same or lower classi- fication from which the employee separated. 2.34 RETIREMENT Service - the voluntary termination of a regular employee from a regular position after becoming eligible for and applying to the Public Employee's Retirement System for retirement benefits or after having reached the maximum age limit. Disability - The termination of an employee due to physical or mental in- ability to perform the duties of the position after an employee has be- come eligible for benefits under the Public Employees Retirement System. -14- 2.35 SALARY RANGE The minimum, maximum, and intermediate salary rates or hourly wage rates which may be paid to an employee within a class. 2.36 SEPARATION The termination of an employee's employment with the City because of retire- ment, resignation, death, or dismissal. 2.37 SUPERVISOR An employee with the responsibility of organizing, directing, and evaluating the work of other employees. 2.38 SUSPENSION The temporary and involuntary separation for a specified period of time of an employee from the position for disciplinary purposes. 2.39 SWORN EMPLOYEES Public safety employees in the fire service of the City as defined by State law. 2.40 TIME CARD The document accounting an employee's actual work and leave hours in a payroll period. 2.41 TRANSFER A change of an employee from one position to another position in the same class or in a comparable class. -15- 2.42 VACANCY An authorized position for which funds are available which is not occupied. 2.43 Y-RATE A salary paid above the maximum salary of a range. A Y-rate may be used when an incumbent employee is reassigned od reclassified to a lower class but retains the higher salary rate of the former class. This Y-rate sal- ary may be retained until the newly assigned class has a maximum rate equal to or higher than the Y-rate. -16- RULE 3 POSITION CLASSIFICATION 3.1 PURPOSE The purposes of the classification plan are to provide a complete and con- tinuous inventory of all classifications, to provide accurate specifica- tions, and therefore, to ensure that each position is allocated to the appropriate classification. 3.2 CLASSIFICATION OF POSITIONS All positions in the City are grouped into classes. Each class includes those positions sufficiently similar 'in duties and responsibilities to require similar education, experience, knowledge, skills, abilities, and personal characteristics. 3.3 PREPARATION AND CONTENT OF CLASS SPECIFICATIONS The Personnel Officer is responsible for preparing and maintaining class specifications for all positions. The specifications include, but are not limited to, a list of examples of duties and a statement of qualifi- cations required for appointment. 3.4 INTERPRETATION OF CLASS SPECIFICATIONS All class specifications describe typical duties that employees occupying positions in the class may properly be required to perform. Class speci- fications are explanatory but not restrictive. The listing of particular tasks does not preclude the assignment of other tasks of related kind or character, or requiring lesser skills. -17- 3.5 ADOPTION OF PLAN Before the classification plan or any part thereof becomes effective, it must first be approved in whole or in part, as appropriate, by the City Council. Notice of consideration of the proposed classification plan amendments or revisions shall be provided to appropriate employees and employee organizations. Upon approval by the City Council, the provi- sions of the classification plan shall be observed in the handling of all personnel actions and activities. The classification plan may be amended or revised as occasion requires in the same manner as originally estab- lished. 3.6 ALLOCATION OF POSITIONS Following the adoption of the classification plan, the Personnel Officer will assign each position to one of the classes established by the plan. 3.7 NEW POSITIONS When a new position is created, no probationary or regular appointment shall be made to fill any such position until the classification plan has been amended and an appropriate emplo3~nent list established for the posi- tion. 3.8 RECLASSIFICATION When the duties of the position have changed materially, the Personnel Officer shall recommend to the City Council the allocation of the posi- tion to a more appropriate class. 3.9 REQUEST FOR RECLASSIFICATION An employee holding a regular position may submit a written request for a classification review to his/her supervisor. Such requests for reclassi- fication shall be forwarded to the Personnel Officer, who will acknowledge receipt of the request in writing to the employee, and will indicate when the request will be considered. -18- 3.10 CONTENT OF REQUEST FOR REVIEW Requests for review shall be made in writing and shall contain the rea- sons the employee believes the classification to be in error and any fur- ther documentation in support of the request. 3.11 REVIEW OF REQUEST FOR RECLASSIFICAT!ON The Personnel Officer will review all requests for reclassification at least on an annual basis to coincide with the preparation of the annual budget. -19- RULE 4 COMPENSATION 4.1 PURPOSE The purpose of the compensation plan is to provide equitable and adequate compensation for all employees. 4.2 PREPARATION OF PLAN The City Council may periodically modify the City's compensation plan. The compensation plan includes, for each class, a minimum and maximum salary rate and such intermediate rates as are considered necessary, as well as supplemental, retirement, insurance, and related fringe benefit provisions. Flat rates may be used instead of salary ranges where appro- priate. The rate or pay range assigned to each class shall reflect fair- ly the differences in the duties and responsibilities among classes, and will take into account rates paid by other public employers for compar- able work, the City's policies and financial condition, unusual problems of recruitment and turn-over, and other relevant factors. 4.3 ADMINISTRATION OF PLAN 4.3.1 4.3.2 Rates of Pay Each employee is paid a rate of pay within the salary range for the class in which employed, except in cases of reclassi- fication to a lower salary range when a Y-rate may be used (Rule 2.42). Entrance Salary An employee is appointed at the minimum rate for the class, except when the Appointing Authority believes it is necessary to make an appointment or reinstatement above the minimum rate. Authorization for appointment above the entrance rate -20- 4.3.3 4.3.4 4.3.5 must be obtained from the Personnel Officer. In reviewing such requests, consideration will be given to the candidate's unusually high qualifications, salary history, outstanding experience, availability of other qualified candidates, and the resulting salary relationships with similar positions. Merit Salary Adjustments Employees may receive merit salary salary range applicable to their class. merit salary increase is to recognize performance. adjustments within the The purpose of the individual employee Movement To A Higher Classification When an employee is promoted or reassigned to a class having a higher salary range, the employee shall be paid at the entrance step of the assigned range. If the entrance step is lower than the employee's current salary, the employee shall be paid at an intermediate rate within the range to be deter- mined by the Appointing Authority, with the concurrence of the Personnel Officer, that will result in a pay increase. Movement To A Lower Classification When an employee is demoted or reassigned to a class having a lower salary range, the employee shall be placed in the step of the lower salary range nearest to the employee's rate of pay. When an employee's position is reclassified to a class having a lower salary range, the employee shall retain the same rate of pay until such time that the assigned class has a maximum salary rate which is equal to or higher than the Y- rate (Rule 2.42). Employees demoted, reassigned, or reclass- ified to a lower position shall have no change made in their anniversary date. -21- 4.3.6 Transfer When an employee is transferred from one position to another, or from one classification to another classification having the same salary range, the employee's pay and anniversary date shall remain unchanged. 4.3.7 4.3.8 Part-Time And Temporary Employees Whenever an employee works for a period less than the regular number of hours a day, days a week, weeks a month, or months a year, the amount paid shall be on an hourly basis unless otherwise provided for in the Compensation Plan. Acting Pay Acting for an uninterrupted period of 15 working days in a higher classification or rank, will be compensated at the rate of pay for that higher classification or rank beginning after the expiration of 15 working days. Under no cir- cumstance shall the rate of compensation be less than five (5) percent above the employee's current rate of pay. 4.3.9 Provisional Employees Provisional employees shall be paid salary pursuant to their position's classification as outlined in the compensation plan. Provisional employees shall receive benefits as deter- mined by the Personnel Officer. 4.4 SALARY RANGE ADJUSTMENTS Salary range adjustments are effective on the date specified by the City Council. Salary range adjustments are to be distinguished from merit salary increases, as they are not intended to give recognition to length and quality of service. The salary rate of an employee whose salary range is adjusted will be adjusted to the same relative position in the revised salary range. -22- 4.5 PARTIAL PAY-PERIOD PAY 4.6 Salaries for employees working less than a complete schedule in a pay period shall be computed by multiplying the number of hours actually worked during the pay period by the employee's hourly pay rate. OVERTIME 4.6.1 4.6.2 4.6.3 4.6.4 4.6.5 Authorization All overtime is authorized by the appropriate supervisor and recorded on the employee's time card. EligibilitS For Overtime The Personnel Officer shall determine which classifications are considered eligible for overtime. Overtime Compensation Overtime is calculated in 15 minute increments. Compensation for overtime is paid at the rate of one and one-half (1½) hours for each hour of overtime worked. The employee may elect, with the supervisor's approval, compensatory time off at the rate of one and one-half (1~) hours of time off for each hour of overtime worked up to a maximum accrual of 40 hours. The maximum accrual may be exceeded only with the prior approval of the Personnel Officer. Overtime compensation shall not apply to Management employees. Use of CompensatorS Time-Off Compensatory time-off can be taken only with the supervisor's approval and must be used within 12 months of being earned or it shall be paid off. Compensation For Overtime At Termination Any employee who terminates employment shall be paid at the employee's terminal salary rate for all accrued overtime. -23- 5.1 PURPOSE RULE 5 RECRUITMENT AND SELECTION The purpose of the recruitment and selection process is to ensure that all position vacancies are filled with qualified, competent persons who are well suited to perform in the position for which they are employed. In that regard, all vacancies will be filled as provided in these Rules. 5.2 NATURE OF SELECTION PROCEDURES The methods used in the selection of City employees shall be impartial and of a relevant nature so as to fairly measure the relative capacity of job'applicants to execute the duties and responsibilities of the class to which they seek to be appointed. 5.3 SELECTION AND APPOINTMENT All vacancies in the City shall be filled as provided in these Rules and Regulations. Appointments shall be made with the objective of obtaining for the City the best qualified person or persons available as determined by the Appointing Authority and Personnel Officer. 5.4 APPLICATIONS AND APPLICANTS 5.4.1 Announcements All examinations shall be publicized in the City Hall and at other City work sites, and by such methods as the .Personnel Officer deems appropriate. Special recruiting shall be con- ducted, if necessary, to insure that all segments of the com- munity are aware of the forthcoming examinations. The announcements shall specify the title and pay of the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the perfor- mance of the work of the class; the manner of making applica- tions, the date of filing and other pertinent information. -24- 5.4.2 5.4.3 5.5 EXAMINATIONS 5.5.1 Application Forms Applications shall be made as prescribed on the examination announcement. If prescribed by the Personnel Officer, appli- cation forms shall require information covering training, experience, and other pertinent information. Disqualification The Personnel Officer may reject any application which indi- cates on its face that the applicant does not possess the qualifications required for the position. Whenever an appli- cation is rejected, notice of such rejection shall be mailed to the applicant by the City. Defective applications may be returned to the applicant with notice to amend the same, pro- viding the time limit for receiving applications has not expired. Nature And Tspes Of Examination The selection techniques used in the examination process shall be impartial and related to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of can- didates such as, but not necessarily limited to, written tests, personal interviews, performance tests, physical agi- lity tests, medical examinations, or any combination of these or other tests. The probationary period which may include the evaluation of daily work performance and work samples, and the successful completion of prescribed training, shall be considered as an extension of the examination process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essen- tial requirements of the class and covering only factors related to such requirements. -25- 5.5.2 5.5.3 5.5.4 5.5.5 5.5.6 Open Competitive Examination Open competitive examinations may be administered for a single class as determined by the Personnel Officer. Names shall be placed on employment lists, and shall remain on such lists, as prescribed in Section 5.6 of this Rule. Promotional Examination Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section 5.5.1 of this Rule, or any combination of them. Employees who meet the require- ments set forth in the promotional examination announcements may compete in promotional examinations. Continuous Examination Continuous examinations may be administered periodically as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists, as prescribed in Section 5.6 of this Rule. Scorin9 Examinations And Qualifyin9 Scores . A candidate's score in a given examination shall be the average of scores on each competitive part of the examination on which the candidate qualified, weighted as shown in the examination announcement. The Personnel Officer may, at his/her discretion, include as a part of the examination, tests which are qualifying only. Notification Of Examination Results, Review Of Papers~ and Examination Appeal Each candidate in an examination shall notice of the results thereof. be given written Any candidate shall have the right to inspect his/her own examination answer sheets within five working days after the notices of examination results were mailed. Oral interview -26- rating sheets, test booklets, and related examination mater- ials are not open to candidate inspection. Any error in com- putation, if appealed to the Personnel Officer within this period, shall be corrected. Such corrections shall not, however, invalidate appointments previously made. 5.6 EMPLOYMENT LISTS 5.6.1 5.6.2 5.6.3 Preparation And Availability As soon as possible after the completion of an examination, the Personnel Officer shall prepare and keep available an employment list consisting of the names of .candidates who qualified in the examination, arranged in order of final scores, from the highest to the lowest qualifying score. Duration Of Lists Employment lists other than those resulting from a continuous examination shall remain in effect for six (6) months, unless sooner exhausted or abolished by the Personnel Officer upon the recommendation of an Appointing Authority. A Department Head may request the abolition of an employment list after the employment list has been in effect for three (3) months. Employment lists may be extended, prior to their expiration dates, by action of the Personnel Officer for additional periods. Open-competitive lists created as the result of continuous examinations shall remain in effect for not more than one year after the last administration of the examina- tion. Names placed on such lists shall be merged with any others already on a list in order of final scores and shall remain on the list for not more than one year. Reinstatement Lists The names of probationary and regular employees who have been laid-off shall be placed on appropriate reinstatement lists in accordance with Rule 13.2. Such names shall remain thereon for a period of one year unless such persons are sooner reinstated or such persons refuse two (2) offers of -27- reinstatement. When a reinstatement list is to be used to fill vacancies, the Personnel Officer shall certify all of the names on the list for consideration by the Appointing Authority. 5.6.4 Removal Of Names From List The name of any person appearing on an employment, reinstate- ment or promotional list shall be removed by the Personnel Officer if the eligible requests in writing that his/her name be removed, if he/she fails to respond to a notice of cer- tification mailed to his/her last known address, or for any of the reasons specified in Section 5.4.3, of this Rule. The person affected shall be notified of the removal of his/her name by a notice mailed to his/her last known address. The names of persons on promotional employment lists who resign from the service shall automatically be removed from such lists. 5.7 METHODS OF FILLING VACANCIES 5.7.1 Types Of Appointments All vacancies shall be filled by transfer, demotion, rehire, reinstatement, or from eligibles certified by the Personnel Officer from an appropriate employment list. In the absence of persons eligible for appointment from these means, provi- sional appointments may be made in accordance with the Personnel Ordinance and these Rules. 5.7.2 Notice To Personnel Officer Whenever a vacancy is to be filled, the Department Head shall notify the Personnel Officer in the manner prescribed. 5.7.3 Reinstatement Policy If a reinstatement list is in effect for the classification in which a position is to be filled, the Appointing Authority shall attempt to fill the position from this list. If the Appointing Authority is unable to make the appointment with -28- 5.7.4 5.7.5 an individual from the reinstatement list, or if no reinsta- tement list exists for the classification, the Appointing Authority, with the concurrence of the Personnel Officer shall have the right to decide whether to fill the vacancy by rehire, transfer, demotion, appointment from a promotional employment list, or appointment from an open employment list. Certification Of Eligibles If it is not possible to fill the vacancy by reinstatement, and the Appointing Authority, with the concurrence of the Personnel Officer, does not consider it in the City's best interest to fill the vacancy by rehire, transfer, or demo- tion, certification shall be made from ~n appropriate employment list, provided eligibles are available. When the Appointing Authority requests a vacancy be filled by appoint- ment from a promotional employment list or from an open employment list, the Personnel Officer shall certify from the specified list the names of five (5) persons with the highest examination scores and willing to accept appointment. Whenever there are fewer than five names of individuals willing to accept appointment on a promotional employment list or on an open employment list, the Appointing Authority may make an appointment from among such eligibles or may request the Personnel Officer to establish a new list. When so requested, the Personnel Officer may hold a new examina- tion and establish a new employment list. Appointment After interview and investigation, the Appointing Authority shall recommend appointments from among those certified, and shall immediately notify the Personnel Officer of the persons recommended. The person recommended for appointment shall present himself/herself to the Personnel Officer, or his/her designated representative, for processing, including any required medical examination, on or before the date of appointment. If the applicant accepts the appointment and presents himself/herself for duty within such period of time -29- 5.7.5 as the Appointing Authority and Personnel Officer shall prescribe, he/she sha'll be deemed to be appointed; otherwise, he/she shall be deemed to have declined the appointment. Provisional Appointment In the absence of there being names of individuals willing to accept appointment pursuant to Rule 5.7.3, a provisional appointment may be made by the Appointing Authority, with the concurrence of the Personnel Officer, of a person meeting the minimum training and experience qualifications for the posi- tion. A provisional employee may be removed at any time without the right of appeal. A provisional 6mployee may be employed as such for up to six (6) months-duration. The Personnel Officer may extend the period for any provisional appointment for not more than an additional six (6) month period. 5.8 PROBATIONARY PERIOD 5.8.1 5.8.2 Objective of Probationary Period The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to his/her position. Regular Appointment Followin9 Probationars Period All original and promotional appointments shall be tentative and subject to a probationary period of not less than six months actual service for miscellaneous and one year for safety employees. The Personnel Officer shall notify the Department Head and the probationer concerned one month prior to the termination of any probationary period. The Department Head shall file with the Personnel Officer a sta- tement in writing to the effect that the retention of such employee in the service is desired or undesired. If an unsatisfactory performance statement is filed, the employee's employment may be immediately terminated. -30- 5.8.3 Rejection Of Probationer During the probationary period, an employee may be rejected at any time by the Appointing Authority, with the concurrence of the Personnel Officer, without cause and without the right of appeal. .Notification of rejection in writing shall be served on the probationer and a copy filed with the Personnel Officer. 5.9 PERFORMANCE EVALUATION 5.9.1 periods as determined by the Personnel Officer. employee performance evaluations is to help following: Evaluations of the daily work performance of employees shall be periodically conducted in accordance with procedures and time The purpose of achieve the Be be assist individual employees in achieving maximum work capa city by establishing work standards and objectives, reviewing progress towards achieving designated results, and planning the employee's future development. provide a basis for employee selection and advancement, and to identify those employees whose performance needs improve- ment, is marginal, or unsatisfactory and to recognize employees with above standard work performance. -31- RULE 6 ATTENDANCE AND LEAVE 6.1 LENGTH OF SERVICE/VACATION AND SICK LEAVE 6.1.1 6.1.2 6.2 VACATION LEAVE 6.2.1 6.2.2 6.2.3 General For the purpose of computing entitlement to vacation and sick leave, an employee's length of service is counted from the employee's date of hire. Rehired Employees For employees rehired into to vacation and sick leave length of service beginning of re-hire. City service, entitlement shall be determined by from the employee's date Application The following sections of Rule 6.2 shall apply to all those applicable to these Rules as prescribed in Rule 1.3 and shall apply to only the following exempt positions and referred to in Rule 1.3: a. City Manager. b. City Clerk. c. City Treasurer Vacation Accumulation Regular full-time employees earn and accumulate vacation with pay in accordance with the schedules specified in the Compen- sation Plan or agreements with employee organizations. Schedulin9 Of Vacations The time at which an employee takes vacation leave is deter- mined by the prior approval of the supervisor with due regard to the employee and the needs of the City. -32- 6.2.4 6.2.5 6.2.6 6.2.7 6.2.8 6.3 SICK LEAVE 6.3.1 Leave Of Absence An employee continues to accrue vacation during authorized and compensated leave. The employee not accrue vacation during any leave without pay. any does Illness During Vacation If an employee becomes ill while on vacation, the time ill is charged to accumulated sick leave of the employee provided that the employee can satisfactorily demonstrate that he/her was under the direct care of a medical doctor such as in a hospital. Holiday During Vacation · If a City holiday occurs while an employee is on vacation, such holiday time is not deducted from the amount of vacation to which the employee is entitled. Accounting For Vacation Used Each employee has one (1) hour deducted from his/her accrued vacation for each hour of vacation taken. Separation Vacation Pay Upon separation, an employee receives compensation at his/heW current salary rate for all unused earned vacation up to and including the date of separation provided that he/she has served six (6) continuous months with the City and success- fully completed the required probationary period. Sick Leave Accumulation Regular full-time employees earn and accumulate sick leave with pay in accordance with the schedules specified in the Compensation Plan or agreements with employee organizations. An employee continues to earn sick leave while on any paid leave. -33- 6.3.2 6.3.3 6.3.4 AccountinQ Of Sick Leave Used Each employee has one (1) hour deducted from the employee's accrued sick leave time for each hour of sick leave taken. Holiday During Sick Leave In the event that a paid holiday occurs during a period when the employee is on sick leave, the holiday is not charged against the employee's accrued sick leave. Use Of Sick Leave An employee eligible for sick leave is granted such leave for the following reasons: a. Non service-related illness or injury to the employee or physical or mental incapacity of the employee due to non service-related illness or injury. Medical or dental office or hospital visits for examina- tions, diagnosis, or treatment. 6.3.5 Up to 3 days sick leave off per year with pay may be granted in the event of illness or disability of the employee's immediate family. d. Maternity related disabilities as provided in Rule 6.5. ee To make up the difference between an employee's regular salary and workers' compensation benefits as stated in Section 6.8. Exclusions No employee is entitled to sick leave while absent from duty on account of any of the following causes: a. Sickness or injury sustained while on leave of absence without pay. -34- 6.3.6 6.3.7 b. Sickness or injury sustained from improper employee con- duct as defined in Rule 14.2 herein. Proof Required The supervisor will approve sick leave only after having ascertained that the absence was for an authorized' reason. When absence is for more than three work days or if abuse of sick leave is suspected, the Department Head may require the employee to submit substantiating evidence including, but not limited to, a physician's certificate. If the Department Head requires the employee to submit substantiating evidence, the Department Head shall make this requirement known to the employee as soon as possible. If the Department Head does not consider the evidence adequate he/she will disapprove the request for sick leave, and such time off will be considered a leave of absence without pay. In order for the employee to be eligible for paid sick leave, the City reserves the right to verify the reason for the use of sick leave by whatever means the City deems appropriate. Exhaustion Of Sick Leave In the event an employee uses all of the sick leave the employee has accrued, the employee may have any other paid leave days the employee has accrued deducted for each day or portion thereof he/she is absent due to illness upon the approval of the supervisor. This deduction will continue until the employee either returns to work or uses all his/her accrued leave time. With the concurrence of the Department Head, the supervisor may, pursuant to Rule 6.10, allow the employee to take a leave of absence without pay if the employee does not have any paid leave time or sick leave remaining to his/her credit. -35- 6.4 6.3.8 HOLIDAYS 6.4.1 6.4.2 Separation/Sick Leave Pay After Five Years Continuous Employment Employees may be entitled to partial payment upon retirement for unused sick leave as specified in the Memoranda of Understanding with the employee organizations, provided that agreements with employee organizations contain such provi- sions. Holidays Holidays to be observed by the City are: January 1st Third Monday in February (President's Day) Last Monday in May (Memorial Day) July 4th First Monday in September (Labor Day) Second Monday in October (Columbus Day) November 11th (Veteran's Day) Fourth Thursday in November (Thanksgiving Day) Fourth Friday in November December 25 (Christmas Day) Benefit Day (for all non-sworn employees) Entitlement policies to holiday leave shall be as specified in the Memoranda of Understanding. Holidays On Saturdays And Sundays For those employees entitled to holiday leave, holidays which fall on a Saturday shall be observed on the preceding Friday. If any holiday falls on a Sunday, it shall be observed on the following Monday. 6.5 MATERNITY LEAVE Absence caused or contributed to by pregnancy, miscarriage, abortion, child- birth and recovery therefrom, are, for all job related purposes, to be con- sidered temporary inability to work. Accrued sick leave may be used prior - 36- to birth for childbearing or related circumstances (e.g. miscarriage, abor- tion or recovery therefrom) as needed. Following birth, accrued sick leave may be used for a period not to exceed six (6) weeks. 6.5.1 Maternity Leave Of Absence Without Pay If absence because of childbirth or related circumstances extends beyond the employee's accrued sick leave, then she may use other accrued, unused leaves, or if also exhausted, may take a leave of absence without pay as provided in Rule 6.10. 6.5.2 Notice-Date Of Departure/Return , To be eligible for sick leave because of childbearing or related circumstances, a female employee shall give her supervisor two weeks' notice, if possible, of her anticipated date of departure and date of return. 6.5.3 6.5.4 Work During Pregnancy Female employees may continue working during pregnancy as long as the individual, her physician, and the Department Head concur in her ability to work, and the demands of the job are satisfied. Proof of the physician's concurrence must be submitted at regular intervals during the employee's pregnancy when requested by the supervisor. Return From Maternity Leave Upon return from leave, if related to pregnancy, childbirth, or related circumstances, an employee shall return to her same job or a similar job with at least the same pay. 6.6 LEAVES OF ABSENCE WITH PAY 6.6.1 Bereavement In the event of a death in the employee's immediate family, a regular full-time employee shall be entitled, at the discre- tion of the Personnel Officer, to 1-5 working days off with pay to attend the funeral. -37- 6.7 The relatives designated shall include father, mother, wife, husband, brother, sister, daughter, son, grandparents, brothers and sisters having one parent in common, and those relationships generally called "step", providing persons in such relationships have lived or have been raised in the family home and have continued an active family relationship. To be eligible for bereavement leave, the employee must attend or make bona fide effort to attend the funeral. Bereavement leave is not compensable when the employee is on leave of absence, vacation, bona fide lay off, or for days falling outside the employee's regular work period. Bereavement leave is not chargeable against sick leave. 6.6.2 Court Leave While on jury duty or while appearing as a legally required witness, except in private cases not related to the employee's job, an employee will receive full pay from the City. For purposes of payroll, an employee must obtain vali- dation from the Jury Clerk of time spent on jury duty. MILITARY LEAVE Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regula- tions to determine when such leave shall be taken. 6.7.1 Employees who are called or volunteer for services with the armed forces of the United States or the California National Guard shall be entitled to be considered for reinstatement in accordance with the provisions of these rules. -38- 6.7.2 6.7.3 An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to the position he or she held pre- viously or any other equivalent position. A new employee hired to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be placed in as nearly equal a vacant position as may exist, or if no such position exists, may be subject to lay-off. 6.8 WORKERS' COMPENSATION All employees of the City will be covered by the workers' compensation laws of the State. Any non-safety employee who is eligible for temporary disability payments under the workers' compensation law, shall, for the duration of such payments, receive only that portion of his/her regular salary which, together with said payments, will equal his/her regular salary. Unless otherwise advised in writing within a five-day period such salary payments made during a period of temporary disability pay- ments shall be charged against the employee's accumulated sick leave or vacation leave at the election of the employee. Should the employee's accumulated sick leave and vacation leave be exhausted, the employee shall be subject to a leave of absence without pay. In order not to work an undue hardship on the employee caused by the time lag involved in tem- porary disability, the employee, at the discretion of the Personnel Offi- cer, may be paid his/her full salary to the extent of accumulated sick leave or vacation leave, and on receipt of temporary disability payments shall endorse such payments to the City. After exhausting sick leave and vacation benefits and while the employee continues to receive workers' compensation benefits, the City may collect from the employee the employ- ee's costs of insurance and the City may pay the employer's cost of insurance. After the employee has exhausted sick leave and vacation bene fits, the City will make no contributions to the retirement plan. -39- 6.9 WORK HOURS 6.9.1 Hours Of Work The work week for all probationary and regular employees shall be as defined by Departmental operatin§ policies. The normal working hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. The Department Head may establish work sche- dules which vary employee work day and hours according to the best interests of the City. 6.9.2 Meal And Rest Periods The timing of meal and rest periods for all employees shall be recognized as a privilege and shall be as prescribed by Departmental operating policies. 6.10 LEAVE OF ABSENCE WITHOUT PAY 6.10.1 Employee Requested Leave of Absence Without Pay The Personnel Officer may grant a regular or probationary employee leave of absence without pay or seniority not to exceed three (3) months. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the response shall be in writing. Upon expiration of a regularly approved leave of absence without pay, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time the leave was granted. Failure on the part of an employee on leave of absence without pay to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. The City Manager may review and extend leaves of absence at his/her sole discretion. Department Heads may grant a regular or probationary employee leave of absence without pay not to exceed one (1) calendar week. All leaves of absence without pay shall be reported to the Personnel Officer. -40- 6.10.2 Medical Leave Of Absence An employee who is mentally or physically incapacitated to perform his/her duties may, upon the written request of the employee or upon the recommen- dation of the Appointing Authority, and with the approval of the City Manager, be placed on leave of absence without pay or seniority for a period not to exceed six months. After six months the leave may be extended if recommended by the appointing authority and approved by the City Manager. During the period of approved leave an. employee may, upon written request, continue certain group benefits. Payments for such benefits shall be paid by the employee to the City on or before the due date, as required. Upon the expiration of the approved leave and resolution of his/her disability, the employee shall be reinstated in the position held at the time leave was granted, provided the position is available. A leave of absence without pay shall be considered an interruption in the probationary period. Time off on a leave of absence without pay by a proba- tionary employee shall not be counted as part of the probationary period (see Rule 13.2.9). -41- RULE 7 MEDICAL EXAMINATIONS 7.1 MEDICAL EXAMINATIONS REQUIRED Medical examinations may be required under the following circumstances. a) In order to be eligible for employment or re-employment with the City. b) In order to be eligible for promotion or transfer to a job classifica- tion requiring greater physical qualifications than his/her present job classification. c) Any employee may be required to undergo a medical examination at any time designated by the Personnel Officer. 7.2 PHYSICIAN All medical examinations will be performed by a licensed physician approved by the Personnel Officer. 7.3 COST OF EXAM The City will pay the cost of any medical examination required under this Rule. -42- RULE 8 OUTSIDE EMPLOYMENT 8.1 OUTSIDE EMPLOYMENT 8.1.1 General Provisions A City employee shall not engage in any outside employment that is detrimental to, or in conflict with his/her duties or service with the City. An employee must notify the Personnel Officer in writing of any outside employment together with sufficient infor- mation regarding such outside employment as may be requested by the Personnel Officer. A Department Head shall be privileged to inquire as to an employee's off-duty employment when the Department Head believes that such a condition may exist. The Personnel Manager shall have the authority to determine if an employment conflict exists, with the right of appeal to the City Manager. -43- RULE 9 NEPOTISM 9.1 GENERAL PROVISIONS There is no bar to relatives in City positions except where one of them would exercise a supervisory or evaluative role in relation to the other or one relative might be in a position to exert influence on the hiring, promotion, transfer, or performance evaluation of another. -44- RULE 10 REPORTS AND RECORDS 10.1 OFFICIAL RECORDS The Personnel Office keeps all official personnel records necessary for transactions and reference and for making reports showing administrative actions including records of employment history of each employee, classi- fication plan, performance evaluation records, compensation plan, files, books, and correspondence. 10.2 CHANGE OF STATUS REPORT Every appointment, transfer, promotion, demotion, change of salary rate and other temporary or permanent changes in status of employees must be reported to the Personnel Officer in such manner as prescribed by the Personnel Officer. 10.3 PERSONNEL FILE 10.3.1 10.3.2 Content Of Personnel Files The Personnel Office will maintain a file on each employee which will contain all records and documents pertinent to his/her employment status and history. Access To Personnel Files The Confidential information in personnel files will not be revealed to outside sources except as required by law, or with the consent of the employee and the Department Head. The Personnel Office may reveal the following information regarding an employee, or ex-employee, in response to outside inquiries: -45- a) Employee's name. b) Classification title and department. C) Status. d) Salary Range. e) Hire date and/or termination date. This information is a matter of public record and is available to anyone. An employee, his/her immediate supervisor and/or Department Head, or his/her representative with written consent of the employee, may inspect his/her personnel file at any time during the normal working hours of the Personnel Office. Upon re- quest, the employee or representative shall receive a copy of any materials in the personnel file provided that the cost for such copies is paid by the employee. An employee shall be furnished a copy of any statement written for inclusion in the employee's per- sonnel file concerning the employee's conduct or performance. An employee may prepare material for insertion in his/her personnel file in response or rebuttal to any derogatory material in that file. RULE 11 TRAINING 11.1 GENERAL POLICY It is the policy of the City to encourage and promote training and educa- tional opportunities for all City employees to the end that the services they render to the City may be made more effective. 11.2 ORIENTATION OF NEW EMPLOYEES Within a reasonable period of time following initial employment, the Per- sonnel Officer and Department Heads shall familiarize a new employee with the employee's obligations and rights and also inform the employee about the functions and operations of the City. The Personnel Officer shall assist Department Heads and supervisors with the orientation of new em- ployees. 11.3 TIME OF TRAINING PERIODS Authorized training periods may be conducted either during or after normal working hours. Training sessions conducted during normal working hours shall be arranged so as to minimize interference with scheduled work. 11.4 TYPES OF TRAINING For the purpose of administration, the following categories of training are recognized. 11.4.1 In-Service Training Any formal employee training or development program that is spon- sored by the City. Such programs are designed and conducted to meet job related needs of City employees. -47- 11,4.2 Out-Service Trainin9 Any formal employee training or development program that is spon- sored .and conducted by any agency or organization other than the City. Assignment to such a program is for the purpose of meeting the needs of the City, for continuing employee training develop- ment, and the upgrading of employee's skills. Conferences and seminars that are conducted primarily for training and educational development purposes are considered out-service training. 11.4.3 Required Out-Service Trainin9 Required out-service training is directly related to improving the employee's performance of present duties and is Fequired by the City. 11.4.4 Career-Related Elective Out-Service Training Career-related, elective, out-service training is related to improving the employee's performance of present or future assign- ments in the City, and is not required by the City. 11.5 PAYMENT OF TRAINING EXPENSES 11.5.1 Approval Of Department Head ' No out-service training may be authorized or expenses paid without the prior approval of the Department Head. 11.5.2 Required Out-Service Trainin9 When assigned to required out-service training, the employee receives his/her regular salary and is reimbursed for tuition, travel, meals, and lodging at established rates set by the Personnel Officer. 11.5.3 Career-Related Out-Service Training When an employee desires to participate in career-oriented out- service training, the Personnel Officer may, within budgetary limits and in accordance with Departmental policies, authorize the payment of regular salary and reimbursement up to 100% for tuition, travel, meals and lodging. - 48- 11.5.4 Incompleted Assignment An employee who does not satisfactorily complete an out-service training or educational assignment according to standards deter- mined by the Personnel Officer is not eligible for reimbursement of tuition and other necessary expenses and shall return any advance payment received. The employee may also be subject to disciplinary action as provided in these Rules. The employee or his/her estate will receive reimbursement for tuition and other necessary expenses if the training assignment is terminated prior to completion either: a. At the convenience of the City. b. Because of death, prolonged illness, disability or other eventuality beyond the control of the employee as determined by the Department Head and approved by the Personnel Officer. RULE 12 TRANSFER, PROMOTION, DEMOTION AND REHIRE 12.1 TRANSFER No person shall be transferred to a position for which he/she does not possess the minimum qualifications. Upon notice to the Personnel Officer, an employee may be.transferred by the Department Head at any time from one position to another position in a comparable class. For transfer purposes, a comparable class is one with. the same maximum salary and benefits, involves the performance of similar duties and requires substantially the same basic qualifications. If the transfer involves a change from one Department to another, both Department Heads must consent thereto unless the City Manager directs the transfer for purposes of economy and efficiency. 12.2 PROMOTIONS Insofar as consistent with the best interests of the City, as determined by the Personnel Officer in consultation with the Department Head, all vacan- cies may be filled by promotion from within, after a promotional examination has been given and a promotional list established. If, in the opinion of the Personnel Officer in consultation with a Depart- ment Head, a vacancy in the position could be filled better by an open- competitive examination instead of promotional examination, then he/she shall arrange for an open-competitive examination and for the preparation and certification of an open-competitive employment list, as provided in these Rules. 12.3 DEMOTION The Appointing Authority, with the concurrence of the Personnel Officer, and as provided for in these Rules, may demote an employee for disciplinary pur- poses. Upon request of the employee, and with the consent of the Appointing - 50- Authority, voluntary demotion may be made. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. 12.4 REHIRE The Appointing Authority with the concurrence of the Personnel Officer may rehire a regular or probationary employee who has completed at least six months of probationary service and who has resigned with a good record, to a vacant position in the same or comparable classification from which the employee resigned. Upon rehire, the employee shall be subject to the proba- tionary period prescribed for the class. No credit for former employment shall be granted in computing salary, vacation, sick leave,, or other bene- fits. If an employee has previously resigned twice from regular positions the employee may not be considered for rehire (See Rule 13.3). - 51- RULE 13 SEPARATION FROM THE SERVICE 13.1 DISCHARGE An employee may be discharged at any time by the Appointing Authority as provided for in these Rules. Whenever it is the intention of the Appoint- ing Authority to discharge an employee, the concurrence of the Personnel Officer is required. 13.2 LAYOFF 13.2.1 General Policy An employee may be laid-off because of either the abolishment of his/her position or a determination by the City that there is a shortage of work or funds. The City Manager shall determine when and in what position classifications layoffs are to occur., The Personnel Officer shall be responsible for the implementation of a layoff order of the City Manager in accordance with the procedures described herein. 13.2.2 Scope And Order Of LayOff Layoffs shall occur in inverse order of seniority within a job classification in the following order of employee status: a. Provisional b. Temporary Part-Time c. Temporary Full-Time d. Probationary e. Regular Part-Time f. Regular Full-Time The Personnel Officer shall make an effort to transfer an employee who is affected by a layoff to a vacant position for which the Personnel Officer determines the employee is qualified. - 52- 13.2.3 13.2.4 13.2.5 Notice of Layoff To Employee Organizations When layoffs are to occur, the Personnel Officer shall notify the appropriate employee organizations whose members would be affected thereby. Notice of Layoff To Employees An employee to be laid-off shall be notified in writing of the impending action at least ten (10) calendar days in advance of the effective date of the layoff. The notice shall include the following information: a. Reason for layoff. b. Effective date of layoff. c. Employee rights as provided in these rules. Seniority Date The seniority date of an employee shall be based upon the original date of hire for regular City employment or, in cases where there has been a break in continous employment, the most recent date of hire for regular City employment. 'Periods of military service or approved leaves of absence or if the employee served in good standing for a minimum of five years with a service interruption of not more than two years shall be credited as continuous service with the City. 13.2.6 Seniority List When the City Manager has determined that layoffs shall occur, the Personnel Officer shall prepare a list of seniority for employees in affected classifications. The list shall place the employee with the most recent seniority date first, the employee with the next most recent seniority date second, and so forth. A copy of the list shall be made available to affected employees and their employee organization. Regular employees demoted due to non- disciplinary reasons shall be placed on the seniority list for both their original classification and for the classification to which they were demoted. - 53- 13.2.7 13.2.8 Reinstatement Following LayOff For a period of twelve (12) months from the date an employee is laid-off or demoted due to non-disciplinary reasons, the name of the employee shall be placed on a reinstatement list for the job classification held by the employee at the time of the layoff or demotion. Placement on t'he reinstatement list shall be in order of seniority and prior performance as determined by the City. Any vacancy occurring in a classification for which such a list has been developed shall be filled by the most senior person on the list provided that the following conditions are met: a. the most senior person listed is still qualified for the classification; and be Ce the most senior person listed is available and accepts the reinstatement offer; and the City is not prohibited by law or court ruling from making the reinstatement on this basis. A regular employee who has been laid off may request that his/her name be placed on the reinstatement list for a lower class in his/her current job series. Such requests shall be made to the Personnel Officer within ten (10) calendar days of the employee's date of layoff and shall be made in the manner specified by the Personnel Officer. Removal'Of Names From Reinstatement Lists The Personnel Officer may remove an employee's name from a rein- statement list if any of the following occur: a. the individual indicates that he/she will be unable to return to employment with the City during the life of the list; or b. the individual cannot be reached after reasonable efforts have been made to do so; or - 54- 13.2.9 c. the individual refuses two (2) reinstatement offers. ,Employee Rights And Responsibilities In addition to others identified herein, employees affected by these procedures shall have the following rights: ae Through prior arrangement with his/her immediate super- visor, an employee who has been notified of his/her impending layoff shall be granted reasonable time off without loss of pay to participate in a prescheduled interview or test for other employment. In addition, through prior arrangement with his/her immediate super- visor, and employee may also use accrued vacation leave time to seek and apply for other employment. be An employee who has been laid off shall be paid as pro- vided for in these Rules for his/her unused accrued vacation leave on the effective date of the layoff. Ce An employee who has been laid off may be allowed to con- tinue health insurance coverage in the group at his/her own cost for six (6) months after the layoff providing that the insurance policy allows for such continuance. This provision of health insurance will cease if the employee finds other employment. To have this coverage the employee must notify the Personnel Officer in writing within ten (10) days after receipt of the noti- fication of layoff. de An employee who receives a notice of layoff may displace an employee in the same classification or an employee holding a lower classification in the laid off employee's current job series provided that: i. he/she has more City seniority than the employee to be displaced; -55- ii. he/she is willing to accept the reduced level of compensation, if any; iii. he/she meets the minimum qualifications for the other classification which are in effect on the date of the layoff; iv. he/she requests displacement action to the Person- nel Officer within ten (10) days after receipt of the notification of layoff in the manner prescribed by the Personnel Officer. When an individual is reinstated h~/she shall be entitled to: i. Retain his/her seniority date; ii. Accrue vacation leave at the same rate on which it was accrued at the time of the layoff; iii. Have any unused or uncompensated sick leave reinstated. An individual reinstated into the job classification from which he/she was laid off shall be assigned to the same salary range and step he/she held at the time of the layoff. An individual rein- stated into a job classification other than the classification from which he/she was laid off, shall be assigned to the salary range of the new classification at the amount closest to the salary he/she earned at the time of the layoff. An individual who has been laid off for a period longer than six (6) months shall, upon reinstatement, complete a probationary period of one (1) month for each month over the six (6) months the employee was laid off, which will not exceed a total probationary period of six (6) months duration. An individual reinstated into the classification from which he/she was laid off while still a probationary employee shall complete, upon return to the job, the remaining portion of 13.2.10 his/her probationary period, if any, in effect at the time of the layoff and in addition he/she shall complete one (1) month of pro- bation for each month laid off, not to exceed a total probationary period of six (6) months. Similarly, an individual who is reinstated shall complete upon return to the job the same work time he/she would have had to work at the time of the layoff to attain a higher vacation leave accrual rate or to become eligible for a salary step increase, if such changes are possible. An indi- vidual who is rehired is not eligible for the provisions of this subsection (13.2.9e) of this Rule. Appeals An employee aggrieved by actions taken or interpretations made pursuant to the procedures described in this Rule may exercise the appeal procedures as hereinafter provided in Rule 14. Determina- tions by the City Manager relative to when and in what classifica- tion layoffs are to occur shall not be matters subject to the appeal procedures. 13.3 RESIGNATION An employee wishing to leave City employment in good standing shall file with the Personnel Officer, a written resignation stating the effective date at least two weeks before leaving, unless such time limit is waived by such official. The City will pay an employee for all hours worked within 72 hours after termination, and will thereafter pay all accumulat- ed reimbursable benefits as early as feasible. Failure to give notice as required by this Rule may be cause for denying future employment by the City. An employee who resigns from employment with the City from two regu- lar positions may not be considered for a third position with the City. - 57- RULE 14 CONDUCT AND DISCIPLINE 14.1 EMPLOYEE CONDUCT GENERALLY It is expected that all City employees shall render the best possible ser- vice and reflect credit on the City, and therefore high standards of conduct are essential. 14.2 IMPROPER EMPLOYEE CONDUCT The term "improper conduct" means not only any improper action by an em- ployee in the employee's official capacity, but also conduct by an employee not connected with the employee's official duties which brings discredit to the City, or which affects the ability to perform the employee's duties officially, or any improper use of the position as an employee for personal advantage. Improper conduct may be cause for disciplinary action. In addi- tion, improper conduct includes, but is not limited to, the following: a. Violation of any Federal, State or local law. b. Being under the influence of intoxicating beverages or unpre- scribed narcotics or drugs while on duty. c. Failure or refusal to comply with a lawful order or to accept a reasonable and proper assignment from an authorized supervisor. d. Inefficiency, incompetence, carelessness or negligence in the per- formance of duties. e. Inattention to duty, tardiness, indolence, carelessness, or damage to or negligence in the care and handling of City property. f. Improper or unauthorized use of City vehicles or equipment or misappropriation of supplies. - 58- g. Claim of sick leave under false pretense or misuse of sick leave. h. Furnishing false information to secure appointment. Absence from duty without leave, failure to report after leave of absence has expired or after such leave of absence has been disap- proved, revoked, or cancelled. Willful violation of these Rules and Regulations, Departmental Rules and Policies, or any written policies which may be prescribed by the City. Acceptance by an employee of any bribe, gratuity, kickback, or other items of value when such is given in the hope'or expectation of receiving preferential treatment. Any action which reflects discredit on the City or is a direct hindrance to the effective performance of City functions. me Outside work which creates a conflict of interest with City work, causes discredit to the City, or detracts from the efficiency of the employee in the employee's City work. n. Failure to obtain and maintain a current license or certificate as a condition of employment. o. Any other conduct of equal gravity to the reasons enumerated above. 14.3 DISCIPLINARY ACTION The purpose of disciplinary action is to correct deficiencies in employee performance, to assure improvement to meet appropriate standards, and/or to correct for violation of these Rules. - 59- 14.3.1 14.3.2 14.3.3 14.3.4 14.3.5 Oral Or Written Reprimand When the Department Head or immediate supervisor determines more severe action is not immediately necessary, he/she may orally or in writing communicate to the employee the deficiency or problem observed. If the reprimand is put in writing, a copy is filed in the employee's personnel file after being signed by and a copy given to the employee. Refusal to sign shall be noted before filing. Failure to correct deficiencies and improve to meet stan- dards may result in further discipline including suspension, reduction in pay, demotion, and discharge. Suspension A Department Head may suspend an employee for cause and without pay, upon the approval of the Personnel Officer, for up to thirty (30) calendar days after the appropriate disciplinary proceedings. The Department Head may authorize immediate suspensions in an emergency situation or when the seriousness of a matter warrants. The disciplinary proceedings shall determine whether the immediate suspension shall be with or without pay. No employee shall be suspended without pay for more than thirty (30) calendar days in any consecutive twelve (12) month period. Reduction in Pay The Appointing Authority, with the concurrence of the Personnel Officer, may reduce an employee's pay for cause to a lower step or range as a disciplinary action. Demotion The Appointing Authority, with the concurrence of the Personnel Officer, may demote an employee for cause as a disciplinary action. Discharge An employee may be discharged for cause by the Appointing Authority and with the concurrence of the Personnel Officer. Regular employees shall be discharged only after appropriate disciplinary proceedings, except in an emergency situation or -60- serious incident. The Appointing Authority may suspend the em- ployee with pay immediately, as provided in Rule 14.3.2, pending the proper disciplinary process. Prompt disciplinary processing shall follow. 14.3.6 Disciplinary Procedures Whenever any of the above actions are to be taken, the Appuinting Authority shall notify the Personnel Officer. The Personnel Officer shall be responsible for determining that the process outlined in Sections 14.4 through 14.7 of this Rule is followed and that the action to be taken is in accordance with the provi- sions of Rule 4 and Rule 12. ~ 14.4 NOTICE OF PROPOSED DISCIPLINARY ACTION Except in cases of emergency or when immediate action is required, notice shall be given by the Department Head to the affected employee in accord- ance with procedures established by the Personnel Officer. Such procedures shall be developed in accordance with State law. In cases of emergency or when immediate action is required, the affected employee shall be verbally informed of the reasons for the immediate action and shall be served with a notice of proposed disciplinary action as soon as possible thereafter. 14.5 DISCIPLINARY HEARING The disciplinary hearing is an informal meeting at which the employee has an opportunity to rebut the charges against him/her or to state any miti- gating circumstances. As appropriate, the employee's supervisor, or the Appointing Authority will hear and consider the employee's response. 14.6 NOTICE OF DECISION Following receipt and consideration of the written response or facts stated at the disciplinary hearing, or following no response by the required date, the supervisor or the Appointing Authority shall prepare a notice of the -61- action to be taken and effective date. The notice shall be delivered to the employee and a copy filed with the Personnel Officer before the effective date. If initial consideration of the employee's response is made by the em- ployee's Department Head, and the employee is not satisfied with the de- cision of the Department Head, tho employee may appeal in writing the Department Head's decision to the Personnel Officer. The Personnel Officer shall, following receipt and consideration of the written appeal, prepare a notice of the action to be taken and the effective date. The notice shall be delivered to the employee and a copy filed before the effective date. 14.7 APPEAL OF DECISION In the event that an affected employee is not satisfied with the decision after the hearing, the decision may be appealed in writing to the City Manager within thirty (30) calendar days from the date of receipt of the notice of decision. Not less than ten (10) days nor more than thirty (30) days from the date of filing the City Manager shall hear the matter. After due consideration, the City Manager shall give his/her written final decision to the employee within ten (10) calendar days. 14.8 EMPLOYEE REPRESENTATION Employees may have a representative present at all stages of the discipli nary process provided that the representative is not a party to the action involved. 14.9 RETRIBUTION FOR APPEAL No employee shall be penalized in any way for availing himself/herself of, or participating in, the appeal process. -62- RULE 15 GRIEVANCE PROCEDURE 15.1 PURPOSE The purpose of the Grievance Procedure is to: a. Afford employees a systematic means of obtaining consideration of concerns or problems. b.Provide that grievances are settled as near point of origin. c. Provide that appeals are conducted as informally as possible. as possible to the 15.2 MATTERS SUBJECT TO GRIEVANCE Any alleged violation of these Rules and Regulations, any alleged improper treatment of an employee, or any decision affecting an employee's employ- ment is considered to be a matter subject to review through the grievance procedure. 15.3 MATTERS NOT SUBJECT TO GRIEVANCE Employees may initiate a grievance and at the first or subsequent steps in the grievance procedure a decision may be made that the matter involved is not subject to grievance. Such matters may include, but are not limited to, merit increases, compensation, work methods, equipment, hours of work, ser- vices provided, staffing levels and allocation to classifications. 15.4 GRIEVANCE PROCEDURE Step One An attempt must be made to resolve all grievances on an informal basis be- tween the employee and the immediate supervisor. It is the responsibility -63- of the employee to initiate this process within five (5) calendar days of the date when the aggrieved action or incident became known to the employee. Step Two If the grievance is not satisfactorily resolved on an informal basis, the grievance is submitted in writing to the employee's immediate supervisor within ten (10) calendar days after the informal decision of the immediate supervisor. The supervisor must deliver his/her answer in writing to the employee within fifteen (15) calendar days after receiving the appeal. Step Three If the grievance is not satisfactorily resolved at the second step, the employee shall present his/her appeal to his/her supervisor's immediate supervisor within ten (10) calendar days after receipt of the written deci- sion of his/her supervisor. The supervisor receiving the appeal shall render a decision, in writing, and return it to the employee within fifteen (15) calendar days after receiving the appeal. Step Four. If the grievance is not satisfactorily resolved at the third step, it is submitted in writing to the Department Head within ten (10) calendar days after the supervisor's decision is received. The Department Head must deliver his/her answer in writing to the employee within fifteen (15) calen- dar days after submission of the grievance to the Department Head. Step Five If the grievance is not satisfactorily resolved at the fourth step, it is submitted in writing to the City Manager within ten (10) calendar days after the Department Head's answer is received. The City Manager shall render a decision in writing to the employee within twenty (20) calendar days after receiving the appeal. -64- 15.5 CONDUCT OF GRIEVANCE PROCEDURE 15.5.1 15.5.2 15.5.3 15.5.4 Time 'limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal to any level of review. The employee and his/her representative may be privileged to use a reasonable amount of work time as determined by the appropriate Department Head or supervisor in conferring about and presenting the appeal. Employee must be assured freedom from reprisal for using the grievance procedure. -65- RULE 16 EQUAL EMPLOYMENT OPPORTUNITY 16.1 GENERAL POLICY It is the policy of the City of Poway to provide equal employment opportun- ity to all persons. All City recruitment, hiring, training, promoting, and transferring shall be done without regard to race, color, religion, national origin, sex, marital status, political affiliation, age, or physical or mental handicaps not constituting bona fide occupational qualifications and all personnel poli- cies, procedures, and practices shall be administered accordingly. The City of Poway recognizes its moral and legal responsibility to provide equal employment opportunity, to take affirmative and direct action at all levels Of City government r~garding job classifications, salaries, training, fringe benefits, and other personnel policies and to improve employment and career opportunities for minority group persons and women according to affirmative action principles. The City Manager is responsible for implementation of all equal employment opportunities and affirmative action programs adopted by the City. Appointing Authorities are required to assure that equal employment oppor- tunity concepts are supported by their organizations. Employee organiza- tions must support and comply with adopted programs and the Personnel Officer shall maintain appropriate records and prepare status reports on implementaion. -66- RULE 17 SALARY ADMINISTRATION 17.1 GENERAL POLICY It is the~policy of the City of Poway to provide'a systematic method for employees to become eligible for advancement through salary schedules. 17.2 MERIT INCREASES - PART-TIME EMPLOYEES Part-time employees shall be eligible for normal merit increases based upon satisfactory performance following completion of an equivalent amount of service as required for full-time employees as shown in Section 17.3. 17.3 MERIT INCREASES - FULL-TIME EMPLOYEES A full-time employee shall be eligible for a merit increase in accordance with the appropriate steps in their classification pay range as follows: Full-time employees are eligible for a compensation advancement to the next step upon becoming a regular employee after the completion of a minimum of six months of service in the new position, and upon the recommendation of the Department Head and the approval of the City Manager. Eligibility for subsequent step advancement shall occur thereafter upon completion of 12 calendar months of employment until the employee reaches the top step for his/her classification. This period may be modified in conjunction with the performance appraisal recommendations and if approved by the Department Head, the Personnel Manager, and the City Manager. -67- The normal progression through the salary range shall be as follows: Step A plus 6 months employee becomes eligible for Step B Step B plus 1 year " " " " Step C Step C plus i year " " " " Step D Step D plus I year " " " " Step E The normal total time to advance from Step A to Step E would be 3½ years. 17.4 MERIT INCREASES - EXCEPTIONAL PERFORMANCF An employee may be advanced from Step B to Step C or any subsequent step in the salary range sooner than the normal progression if the employee's per- formance has been exceptional and the employee's supervisor and Department Head recommend, and the City Manager approves, of the early advancement. -68- CHAPTER III INDEX TO PERSONNEL RULES This Chapter provides an index to the City of Poway Personnel Rules and Regu- lations described in Chapter II. The purpose of this index is to facilitate the use and understanding of the rules and regulations. Index references in no way alter or interpret the rules and regulations. This index makes reference to key words or terms used in the rules and regula- tions. The key word or term is shown in capital letters with subsequent list- ings of specific uses and page numbers. ALLOCATION Definition of ....................... 8 Responsibility for .................... 18 ANN IVERSARY Definition of ..................... 8 · . 8 Following Promotion ................ APPLICATIONS Announcements ....................... 24 Disqualification ................... 25 Forms, if any ....................... 25 APPOINTMENT Definition of ..................... Methods of filling vacancies ............. Original ........................ Provisional ...................... Probationary ...................... Promotional ....................... Regular ......................... 8 28 8 9 9 9 9 -69-