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HomeMy WebLinkAboutRDA RES 071RESOLUTION No. 71 A RESOLUTION OF THE PALM DESERT REDEVELOP- MENT AGENCY ESTABLISHI"JG PERSONNEL SYSTEM RULES AND REGULATIONS OF SAID AGENCY. The Agency Board of the Palm Desert Redevelopment Agency does HEREBY RESOLVE as follows: SECTION 1. ENABLING RESOLUTION: The following resolution hereby enacts the Palm Desert Redevelopment Agency Employees Rules and Regulations criteria. SECTION 2. SELECTIO ! CRITERIA: Appointment of individuals will be made on the basis of inerit and ability. No question in any test, or in any application form, or by an appointing authority, shall be so framed as to attempt to elicit information concerning race, color, ancestry, national origin, political or religious opinions or affiliations of an applicant. No appointment to or removal from a position in the Personnel System shall be affected or influenced in any manner by any consideration of race, color, ethinic or natural origin, age, sex, political or religious opinion or affiliation. A. RECRUITMENT: The Personnel Officer shall prepare recruiting noti- ces for positions in the Personnel System by publicizing vacancies, specifying the title and pay of the class, the nature of the work to be performed, the qualifications necessary for performance of the work, the manner of making applications and other pertinent information. Such various media of publicity shall be used as might be expected to bring notice of vacancies to as many qualified persons as possible. Application forms shall require information covering training, exper- ience and other pertinent information. Applicants for positions which are scientific, professional or technical, or the duties of which re- quire special qualifications may be required to provide documentary evi- dence of a satisfactory degree of education, training, and/or experience. References provided by candidates may be checked by personal or tele- phone contact, and shall be documented and made part of the applicants file. The Personnel Officer shall reject any application which indicates that the applicant does not possess the minimum qualifications required for the position. Applications shall be rejected if the applicant has made any false statement of any material fact, or given wrong or mis- leading information. lJhenever an application is rejected, notice of such rejection sha11 be mailed to the applicant. -1- B. EXAMINATIONS: The selection techniques used in the examination process shall be impartial, of a practical nature, and shall relate to those subjects which fairly measure the relative capacity of the persons examined to execute the duties and responsibilities of the position to which they seek. The Personnel Officer, together with the department head, shall de- termine the methods of evaluating the qualifications of applicants. The methods may involve any combination of written test, oral inter- view, performance test, rating of education, training and experience. Each person who takes an examination shall be given written notice of the results thereof and shall be entitled to inspect their examination papers. A medical examination may be required of any new employee, and if so required, shall be satisfactorily passed prior to corrmence- ment of employment and at Agency expense. SECTIOti 3. BASIC COMPENSATION PLAN: The "Table of Classified Posi- tions & Salary Ranges" and Salary Schedule shall be established by resolution. A. Types of Appointment: The following types of appointment may be either full-time or part-time in relation to work weeks as established by the Executive Director. 1.) Regular Appointment: Follows successful completion of a 6 months probationary period, when applicable, and signifies satis- factory performance of duties and responsibilities in the position to which the employee is assigned. 2.) Acting Appointment: Occurs when an employee is temporarily assigned to and performs all the duties of a position other than the position he normally occupies, or when an employee is assigned an acting appointment pending evaluation of the employee's ability to perform the duties of the position. The employee appointed in an acting eapacity shall receive the salary equivalent to the "A" Step of the acting position providing it is at least 5% higher and providing that the employee serves in the higher classification for at least thirty (30) consecutive working days. B. TYPES OF EMPLOYEES: 1.) Permanent Employees_: Are those hired for an indefinite period -2- Resolution No. 71 of time and can be either full-time or part-time employees. Permanent employees, provided they are employed on a half-time basis or more, but less than full-time are eligible for paid holidays, vacation and leaves of absence credits and retirement, health and life insurance, a�d other compensation benefits. 2.) Temporary Employees: Are those hired for a definite period of time (usually six (6) months or less) and can be either full- time or part-time employees. Temporary employees are not eligible for paid holidays, vacation and leaves of absence credits or retirement, health and life insurance, and other compensation benefits. C. Beginning Rates: A new employee of the Palm Desert Redevelopment Agency shall be paid the rate shown in Step "A" in the salary schedule allocated to the class of employment for which the employee has been hired, except that upon recommendation of the department head and with the approval of the Executive Director, such new employee may be employed at a higher step, depending on the employee's qualifications. D. Advancements Within Schedules: Employees may be advanced within their respective salary ranges in accordance with the following schedule of minimum length of service. Step "B" - After 6 months satisfactory service in next lower step Step "C" - After 1 year satisfactory service in next lower step Step "D" - After 1 year satisfactory service in next lower step Step "E" - After 1 year satisfactory service in next lower step All advancements require the approval of the Executive Director. Advance- ment to the higher steps shall be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of the position held. E. Special Merit Advancements: In special cases where an employee shall demonstrate exceptional ability and proficiency in the performance of the assigned duties, the supervising department head may recommend to the Executive Director that said employee be advanced to a higher pay step without regard to the minimum length of service. The Executive Director may approve and effect such an advance�ent. F. Promotional Advancement: When an employee is promoted to a position with a higher salary range, such employee shall be assigned to Step "A" of the higher classification, provided, however, that if such employee -3- is already being paid at a rate equal to or higher than said Step "A", he or she shall be placed in the step of the higher classification as will grant such employee a salary increase of not less than approximately five percent. G. Reduction in Salary: In the event it is necessary to reduce salaries because of budgetary limitations and through no fault of the employee, the salaries of all employees may be reduced by such percentage as the Agency Board deems necessary. H. Layoff: The Executive Director may lay off an employee in the Personnel System because of lack of work or budgetary limitations and through no fault of the employee. Thirty (30) days, if possible, and in no case less than ten (10) working days before the effective date of layoff, the Executive Director shall notify the Personnel Officer in writing of the intended action with reasons. A copy of such notice shall be given to the employee affected. I. Reduction for Unsatisfactory Performance: When an employee is demoted or placed in a lower step in his classification for reasons of unsatisfactory performance or disciplinary action, the employee shall commence work in the lower schedule at a pay step that is at least one step below the salary when demoted. The employee's merit increase elibigility date shall be one year from the effective date of demotion. When an employee in good standing is demoted to a position in a lower range for physical disability or for other acceptable reasons, the employee shall receive the highest salary in the new range that does not exceed their rate of pay immediately prior to demotion, and shall retain their former merit increase eligibility date. J. Merit Increase Eligibility Date: The anniversary date for persons employed or promoted will fall on the same day of the month at the end of the review period as the day of the month at the beginning of the period. The effective date of any increase will be the anniversary date of the employee. K. Agency Secretary: Salary % is established by time activity. L. Executive Director: Salary set by Agency Board. M. Exempt Per_sonnel: The Agency Executive Director and the Assistant to the Executive Director because of requirements to attend numerous extra hour meetings and conferences are hereby designated as being exempt from overtime provisions as set forth in Section 3-0. -4- Resolution No. 71 N. Other Compensatory Time Off: The Executive Director may grant compensatory time off to any Agency employee in unique situations where actions of the employee, over and above the call of duty, clearly merit such consideration. 0. Hours of Work & Overtime: The work week for all employees of the Palm Desert Redevelopment Agency shall be forty (40) hours per week. The Assistant to the Executive Director may authorize reasonable periods of overtime work for any employee which will be compensated as equiva- lent compensatory time off or shall be paid at one and one half (lZ) times the hourly rate of the employees salary, provided money is budgeted for said overtime work. All personnel as set forth in Section 3-M are exempt from these compensatory time off and overtime provisions. P. Pay Periods: All employees shall be paid every two (2) weeks. A pay period is for fourteen (14) consecutive calendar days, beginning on a Saturday and ending on a Friday. SECTION 4. HOLIDAYS: All permanent full-time employees of the Palm Desert Redevelopment Agency shall receive eight (8) hours pay for each holiday. All permanent part-time persons employed on a half-time basis or more but less than full-time shall be entitled to receive four (4) hours pay for each holiday. Agency offices shall be closed on the following legal Holidays: A. January lst, known as "New Year's Day" B. The third Monday in February, known as "Washington's Birthday" C. The last Monday in May, known as "Memorial Day" D. July 4th, known as "Independence Day" E. The first Monday in September, known as "Labor Day" F. The second Monday in Octo�er, known as "Columbus Day" G. November llth, known as "Veterans Day" H. The fourth Thursday in November, known as "Thanksgiving Day" I. December 25th, known as "Christmas Day" J. The Friday after Thanksgiving or the day before Christmas or the day after Christmas or the day before New Year or the day after New Year. The employee shall be granted one of the five days off; the actual day is to be decided between the employee and the Assistant to the Executive Director with consideration given to the efficient operation of the Department. K. The employee's birthday. This holiday shall be taken at a time convenient to both the employee and the Agency. -5- This holiday shall be granted to all employees each year. This holiday may be taken on or after the employee's birthday each year. L. Any day declared to be a holiday be proclamation of the Mayor. M. Holidays falling on Sunday shall be observed on the following Monday. SECTION 5. VACATIONS: All permanent full-time employees of the Palm Desert Redevelopment Agency after satisfactorily completing the six months probationary period, shall be granted vacations with pay annually of a maxi- mum of ten (10) working days during each of the first two (2) years of continu- ous service, and thereafter one additional day for each year of continuous service to a maximum of twenty (20) working days. All permanent part-time persons employed on a half-time basis or more but less than full-time, after satisfactorily completing the six months probationary period, shall be entitled to receive vacation at one-half the regular rate. A. Exempt Personnel: The Assistant to the Executive Director is granted ten (10) additional working days leave each year, at the discretion of the Executive Director. B. Vacati�on Eligibility Date: The anniversary date for purpose of granting additional vacation days for continuous service and computing vacation credits shall be the first day of probationary appointment. Vacation may not be taken until the employee has satisfactorily com- pleted the six months probationary period. C. Approval: No vacation may be taken at anytime not approved by the Assistant to the Executive Director, or in the case of Assistant to the Executive Director, approved by the Executive Director. The times during a calendar year at which employees may take their vacations shall be determined by the Assistant to the Executive Director or the Executive Director with due regard for the wishes of the emplo,Yee and particular regard for the needs of the Agency. D. Holida_ys or Illness: 4lhenever a holiday, as set forth in Section 4 hereof, falls within an employee's vacation period an extra day may be added to the regular vacation period or used at the discretion of the employee with approval of the Assistant to the Executive Director or the Executive Director. Illness during a vacation period shall not be considered as sick leave. � Resolution No. �� E. Sick Leave or Leave of Absence: Absence due to sick leave or other approved leave of absence will not affect computations for vacation credits unless such absences exceed three months, in which case any time thereafter will be excluded from computation. F. Accumulation: Allowed vacation credits shall be accumulated. Employees need not take all or any of their credited vacation days in one calendar year, but may carry over those unused vacation days only to the succeeding calendar year. The maximum vacation days that may be accumulated, however, is 30 days. G. Termination: An employee whose employment is terminated by death, resignation, layoff or otherwise, shall be paid for the balance of accumulated vacation credits at the salary rate in effect at such termination. SECTION 6: LEAVES OF ABSENCE: All permanent employees of the Palm Desert Redevelopment Agency shall be allowed leaves of absence. The employee shall notify the Assistant to the Executive Director or the Personnel Officer prior to or within four (4) hours after the time set for beginning daily duties. A. Sick Leave: After satisfactorily completing the six months pro- bationary period, each permanent full-time employee shall accrue sick leave credits of 8.00 hours for each month of continuous service start- ing from the first day of probationary appointment. After satisfactorily completing the six months probationary period, each permanent part-time person employed on a half-time basis or more but less than full-time shall accrue sick leave credits of 4.00 hours for each month of continuous service starting from the anniversary date of appointment. Allowed personal sick leave credits shall be accumulated. Any unused portion of accumulated personal sick leave may be carried over into the next calendar year. There shall be no maximum limit imposed on the amount of personal sick leave credits that can be accumulated. When absence is for more than three (3) consecutive work days, the employee may be required to file a physicians certificate with the Assistant to the Executive Director, stating the cause of absence and fitness to return to duty. When a specific instance is in doubt as being eligible for leave of absence allowance, the Executive Director shall determine the granting or denial of same. -7- B. Family Illness Leave: An employee may request absence necessi- tated by illness of immediate family members, and at the discretion of the Assistant to the Executive Director or the Executive Director, may use credits from accrued sick leave not to exceed six (6) days per calendar year. Such credits shall not be accumulated from year to year. The immediate family shall be defined as the spouse, children, parents, parents of a spouse, brothers, sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. C. Bereavement Leave: An employee may request three (3) days absence necessitated by death of immediate family members, and at the discretion of the Assistant to the Executive Director or the Executive Director, may use credits from accrued sick leave. The irt�nediate family shall be defined as the spouse, children parents, parents of a spouse, brothers, sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. D. Maternity Leave: Maternity leave shall be considered a temporary disability and the employee shall therefore be eligible for paid sick leave, vacation, leave of absence without pay or a combination of all three. Total maternity leave, including any combination thereof shall not exceed a period of six (6) months. E. Jury Duty: All employees, when called to serve on a jury, shall inform their department heads and shall have time off for a period of actual service required on such jury. Such employees shall be paid the difference between their regular salary and the amount they receive for jury duty. F. Military Leave of Absence: All employees who are called into the Armed Services of the United States (Army, Navy, Coast Guard, Marine Corps or Air Corps) for active reserve duty, shall be allowed a paid leave of absence for a period of not to exceed fifteen (15) working days in any calendar year. An employee required to perform active duty shall be granted a leave of absence without pay. Agency service shall not be deemed to be interrupted by such absence and said employee's status, with reference to continuance in office, employment reappointment to office of re- employment, shall not be prejudiced directly or indirectly by reason of : Resolution No. �� any absence from duty on account of actual service in the military forces of the United States. G. Industrial Accident Leave: Each employee absent from work as a result of any injury or disease arising out of and during the course of employment with the Palm Desert Redevelopment Agency which comes under the State of California Worker's Compensation Insurance and Safety Act, is entitled to industrial accident leave. Any on-the-job injury or accident must be reported to the Assistant to the Executive Director or the Executive Director within twenty four (24) hours after said injury or accident. In such cases the employee shall receive from the Agency the difference between any Worker's Compensation payments and the employee's regular salary for a maximum of twelve (12) calendar months. Sick leave shall be charged in relation with the Agency contri- bution percentage used to supplement employee's wages. H. Leave Without Pay: An employee may be allowed a leave of absence without pay by submitting a written request to the Executive Director, which has received prior approval by the department head. The Executive Director may grant an employee a leave of absence without pay for a period not to exceed six (6) months. During such leave without pay, vacation and sick leave credits will not be accrued and the employee will be excluded from all other compensation and fringe benefits. I. Unapproved Leave: Any absence from work without approved leave or pursuant to a right established by this ordinance shall be grounds for termination of employment. SECTION 7. RETIREMENT: All permanent employees of the Palm Desert Redevelopment Agency, who work at least 20 hours per week or an average of 87 hours per month, are automatically covered by the City's contract with the Public Employees Retirement System. Membership shall commence immediately upon employ- ment. SECTION 8. HEALTH AND LIFE INSURANCE: Employees of the Palm Desert Redevelopment Agency are eligible for group medical and life insurance for them- selves and dependents as may be provided for by the Agency through a City sponsored program. SECTION 9. OTHER COMPENSATION COMPONENTS: All regular full-time employees of the Palm Desert Redevelopment Agency shall receive additional compen- sation as follows: � A. Automobile Mileage Allowances: All employees, except those receiving a monthly auto allowance, and who utilize privately owned vehicles for Agency business, shall be entitled to reimbursement at the rate established by the Agency. Automobile allowances for desig- nated positions shall be established by the Agency. B. Out of Area Travel: Employees receiving a monthly auto allowance, utilizing their privately-owned vehicles for Agency business beyond a distance of twenty five (25) miles, from the Palm Desert City limits, shall be entitled to reimbursement at the rate established by the Agency. Employees attending authorized conferences, seminars, workshops or meetings shall be reimbursed for other travel, lodging, meals and registration expenses, providing said expenses are budgeted or approved by the Executive Director. C. Educational Incentive Program: All employees, with prior approval of the department head or Executive Director may be reimbursed for transportation cost where appropriate, cost of books, tuition and related expenses for classes or instruction where said instruction is mutually and immediately beneficial to the employee and the Agency and providing sufficient funds have been budgeted for same. Reimbursement is made only after an employee has satisfactorily completed the course or workshop with the grade of "C" or better or equivalent, and that evi- dence of same be submitted to the Assistant to the Executive Director. SECTION 10. TEMPORARY OR SEASONAL EMPLOYEES: Employees who are employed to work for a temporary period of time, not to exceed six (6) months, or for less than twenty (20) hours a week shall be extra help employees only and shall not receive pay for holidays, shall not be entitled to become members of the retirement system, or to accumulate vacation time, sick leave, or other benefits that are allowed permanent employees. SEC7ION 11. OUTSIDE EMPLOYMENT: An employee must not have outside employment which is incompatible with his Agency employment, and without first obtaining approval from his department head and the Executive Director. The employee is required to assure the Agency in writing of the following: A. The outside employment shall not involve a conflict of interest. 6. The outside employment shall not interfere with the recall to Agency duty on an after hours basis, in the event of an Agency emergency. SECTION 12. CITY EMERGENCY SITUATION: In the event of an Agency emer- gency situation, all employees who are contacted to return to work, unless physically incapacitated, must do so. -10- Resolution No. 7� SECTION 13. RESIDENCY REQUIREMENTS: Residency requirements may be established, in accordance with State law, in those positions where emergency services may be required. Residency requirements shall be established on a time and distance factor. SECTION 14. DISCIPLINARY ACTION: Employees may be admonished, reprimanded, suspended, demoted or discharged for any of the following causes: Absence without leave, abuse of sick leave priviledges, fraud in securing appointment, incompetency, inefficiency, insubordination, dishonesty, mis- handling of public funds, falsifying of Agency records, unauthorized use or negligence in the use of Agency tools and equipment, willful disobedience of these rules and regulations, Administrat�ive Regulations, or any departmental rules and regulations which have been approved by the Executive �irector, or any other act or acts which are incompatible with the public service. A. Admonishment or reprimand: Admonishment and reprimand represent the two mildest forms of disciplinary action and neither type results in the loss of pay for the employee. These actions may be oral or written and constitute only a warning to the employee that he is not satisfactorily fulfilling the duties and responsibilities of his position. If the admonishment or reprimand is written and a copy is sent to the Personnel Officer, it shall become part of the employee's permanent record. If grievance is sustained, then written reprimand shall be purged from the record. B. Suspension: The Executive Director or his designated representative may suspend an employee from his position for just cause. The Executive Director may suspend an employee with or without pay not to exceed (20) working days. No employee shall be penalized by suspension for more than twenty (20) working days in any fiscal year for disciplinary reasons. Suspensions shall be reported irrmediately to the Personnel Officer. C. DemotionJReduction in Pay: The Executive Director may demote or reduce in pay any employee whose ability to perform his required duties falls below standard,•or for disciplinary purposes. No employee shall be deomoted to a position for which he does not possess the minimum qualifications. Written notice for reasons shall be given the employee at least seven (7) calendar days before the effective date of the action, and a copy filed with the Personnel Officer. -11- D. Discharge: An employee in the Personnel System may be discharged for cause at any time by the Executive Director. Any employee who has been discharged shall be entitled to receive a written statement of the reasons for such actions as stat�d in Section 15 Appeal Proced- ures. Cause for dismissal is outlined in paragraph 1 of this Section. SECTION 15. GRIEVANCES AND APPEALS: It is the desire of the Agency to adjust grievances informally and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recog- nized that there will be grievances which will be resolved only after a formal appeal and review. Accordingly the following proceedure is established. Any employee of the Agency within the Personnel System shall have the right to grieve under this provision any disciplinary action or any dispute concerning the interpretation or application of the Agency's written Personnel Rules and Regulations, except in instances where the right of appeal is specifically pro- hibited by these rules. The employee shall follow the chain of command in presenting his grievances, except where the grievance involves an employee's immediate supervisor in which case the grievance should be presented to the Executive Director. An employee who has a problem or complaint shall first discuss the matter with his immediate supervisor without undue delay. The supervisor shall make in- quiry into the facts and circumstances of the complaint and attempt to resolve the matter promptly and fairly. If after this discussion, the employee does not believe the problem has been satisfactorily resolved, the employee, after informing the supervisor, shall have the right to file a formal grievance in writing within seven (7) calendar days to the Executive Director. The Executive Director shall make a separate investigation and inform the employee in writing of his decision and the reason therefore within seven (7) calendar days after receipt of the employee's grievance. Employees shall be assured freedom from reprisal for using the grievance proceedures. SECTION 16. EMPLOYEE�RESPONSIBILITIES: Since it is the policy of the Palm Desert Redevelopment Agency to recruit highly qualified staff at a competitive total compensation level, the employees shall be responsible for striving to meet the high performance standards established by Agency management. -12- Resolution No. �� SECTION 17. REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH: All resolutions and personnel policies in conflict herewith be and the same are hereby repealed. PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of Palm Desert, California on this 23rd day of February , 1978 by the following vote, to wit: AYES: P�cPherson, Newbrander, Wilson & Mullins NOES: None ABSENT: Brush ABSTAIN: None ; ^ �� � , �,.� � � , l� . � ARD . ULL NS, CHAIRMAN ATTEST: _h� t � � . ��, :`.i� .%l_ � �:..- SHEILA R. GICC GAN, SECRET Y TO T 0 -13-