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HomeMy WebLinkAboutORD 176ORDINANCE NO. 176 All ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF PALM DESERT, CALiFORNIA, ESTAB- LISHING PERSONNEL SYSTEM RULES A40 REGU- LATIONS OF THE CITY OF PALM DESERT. The City Council of the City of PALM Desert, California, does MENEM ORDAIN as follows: SECTION 1. REPEAL OF PREVIOUS RESOLUTIONS: The following reso- lotions pertaining to personnel policies, rules and regulations are hereby repealed: Resolutions No. 74-12, No. 74-26, No. 74-45, No. 74-B5, No. 74-113, %. . 75-19, No. 75-71, No. 75-72, No. 75-73 and No. 76-51. SECTION 2,SELECTION CRITERIA: Appointment of individuals will be made on the basis of merit and ability. No question in any test, or in any application fore, or by an appointing authority, shall be so framed as to attempt to elicit information concerning race, color, ancestry, national ori- gin, 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, ethnic or natural origin, age, sex, political or religious opinion or affiliation. A. RECRUITMENT: The Personnel Officer shall prepare recruiting notices 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, experience and other pertinent information. Applicants for positions which are scientific, professional or technical, or the duties of which require speciai qualifications shall be required to provide docu- sientary evidence of a satisfactory degree of education, training, and/or experience. References provided by candidates shall be checked M1. by personal or telephone contact, and shall be documented and made part of the applicant's file. The Personnel Officer shall reject any application which indicates that the applicant does not possess the i miniamas qualifications required for the position. Applications shall p r b! if the applitant Ms m�1de aro►t1se statement of any �N x. nT aelterial l et• 0 biM Mronb or 6161eadir4 information. Whenever Fy*�'F� z atn► 4"llutieo is rejected► notice of such rejection shall be mailed to the applicant. b. UMIN&ttM: TM selection techniques used in the examination process shall be impartial% of a practical nature* and shell relate to those subjects which fairly measure the relative capacity of the persons examinted to execute the duties and responsibilities of the position to which they seek. The Personnel Officer. together with the department head, shall determine the methods of evaluating the qualifications of applicants. The methods way 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 examina- tion papers. A medical examination shall be required of any new employee and shall be satisfactorily passed prior to commencement of employment and at City expense. SECTION 3. BASIC COMPENSATION PLAN: The "Table of Salary Ranges for Classifications 6 Positions" 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 estab- lished by the City Manager. 1.) Regular Appointment: Follows successful completion of a 6 months' probationary period, when applicable. and signifies satisfactory 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. The employee appointed in an acting capacity shall receive the salary equivalent to the "A" Step of the acting position providing it is at least 6% higher and providing that the employee serves in the higher classification for at least thirty (30) consecutive working days. -t- � i s :, a • ... • o MUM 40"110101 tf shall be aft 410 a toWrary basis, Hhen r., the ew01"" Is ftlieved of his Acting appointment, he shell be reinstated to tile former position and his salary adjusted to the salary range of his former position at the appropriate step as if the temporary appointment had not occufed. e. bm—pt Employees: 1.) Permanent Employees: Are those hired for an indefinite period of time and tan be either full-time or part-time employees. Perman- ant employees, provided they are employed on a half-time basis or more, are eligible for paid holidays, vacation and leaves of absence credits and retirement, health and life insurance, and other compensation benefits. 2.) Teeioorary 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 nor retirement, health and life insurance, and other compensation benefits. 1 C. Beginning Rates: A new employee of the City of Palm Desert shall 1 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 City Manager, such new employee shall be employed at a higher step. O. Advancements Wii<hin 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 "O" - 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 City Manager. Advancement to the higher steps shall be granted only as a result of a written evaluation of continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of the position held. -3. hhh �• ;r P . � � , r i • . i to so tial eases were An eiAN1e�►ei Mitt ra�aenstrate tott"tioml, ability and proficiency ( ] A Ilk the of the assigned Was, the supervising depart - Neat head My recommend to the City Manager that said VVloya be advanced to a higher pay step without regard to the Minimum length of service. The City Manager my approve and effect such an "Ventes*nt. F. Promot1991 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 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 five percent. 6. 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 percen- tage as the City Council deems necessary. M. Layoff: The City Manager 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 lay. off, the City Manager 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. If certified as having given satis- factory service, the employee will be given priority, for a period not to exceed six (6) months, for reemployment, provided there is a vacancy and he is qualified for the position. 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 shalt commence work in the lower schedule at a pay step that is at least five percent below the salary when demoted. The employee's wsrit Increase eligibility date shall be one year from the effective date of demotion. When an employs* in good standing is demoted to a position in a lower range for physical disability or for other acceptable reasons, •4. c Y i j lMr Mpta UL W1 rate06 the highest Wevy in the ow "MR t: that ibes sit *at aed wis rote of pay ieimediately prior to demotion, an4 shell retain his fornr merit increase eligibility date. J.jt, increase i<tioib111ty Dates The anniversary date for persons employed or promoted Milt Evil on the two day of the month at the end of the review period as the day of the month at the begin- ning of the period. K. DeoartMont Heads: When the employee under consideration for advancement, reduction, demotion or reassignment shall be a department head. the City Manager shall initiate all actions. L. City Clerk: Salary is set by the City Council with recommendations for adjustments made by the City Manager. M. City Manager: Salary is set by the City Council. N. Exempt Personnel, Group A: Certain positions requiring attendance at numerous extra -hour meetings and conferences are designated as being exempt from overtime provisions as set forth in Section 3-Q • hereof. These positions shall be established by resolution. 1 O. Exempt Personnel. Group B: Certain positions requiring atten- dance at occasional extra -hour meetings and conferences are hereby designated as being exempt from overtime provisions as set forth in Section 3-0 hereof. These positions shall be established by resolution. P. Other Compensatory Time Off: The City Manager may grant compen- satory time off to any City employee in unique situations where actions of the employee. over and above the call of duty, clearly merit such consideration. Q. Hours of Work 6 Overtime: The work week for all employees of the City of Palm Desert shall be forty (40) hours per week. Department heads may authorize reasonable periods of overtime work for any ampleyee which will be compensated as equivalent compensatory time off or shall be paid at one and one-half (1y) times the hourly rate of the employee's salary, provided money is budgeted for said over- time work. All personnel as set forth in Section 3-4 and 3-0 hereof are exempt from compensatory time off and overtime provisions of this; Section. A. PaZ Periods: All employees shalt be paid every two (2) weeks. A pay period is for fourteen (14) consecutive calendar days, begin - ring an a Saturday and ending an a Friday. .6- _ate � ' • ' � • • • f ; tHN 4.__SLIOAYlt All perNnne�t �rtl•titef eiaployees of the z 1.1v sit k0a Desert lthall Melva tight (6) hours pay for each holiday. All oersa nt pert -time persons employed on a half-time basis or snore but lass then %1I-time shall be entitled to receive four (4) hours pay for Bath htllday. The following holidays are hereby established: A. January lit* known as "New Year's Day" S. The third Monday in February, known as "Washington's birthday" C. The last Monday in Maly, known as "Memorial Day" 0. July 4th, known as "Independence Day" t. The first Monday in September, known as "Labor Day" F. The second Monday in October, known as "Columbus Day" G. November filth, known as "Veterans Day" H. The fourth Thursday in November, known as "Thanksgiving Day" t. 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 1s to be decided between the employee and'department head 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 City. This holiday shall be granted to all employees each year. This holiday may be taken on or after the employee's birthday. L. Any day declared to be a holiday by proclamation of the Mayor. M. Holidays falling on Sunday shall be observed on the following Monday. SECTION S. VACATIONS: All permanent full-time employees of the City of Pala: Desert, after satisfactorily completing the six months probationary period, shall be granted vacations with pay annually of a maximum of ten (10) working days during each of the first two (2) years of continuous services and thereafter one additional day for tacit year of continuous service to a maximum of twenty (20) working days. All per+mawt part-time persons emipioyed on a half-time basis or more but less than full-timso after satisfactorily completing the six months probationary period• shall be entitled to receive vacation at one-half the regular rate. A. ExjWt f*rtomil. G oW At All personnel at set forth in Section Z-N hereof are granted ten (10) additional working days .6. r s, Ordinance No. 116 £• lair! W% year. t�hno-em Ona s: All persaml as set forth in Section 3.0 hereof are granted five (6) additional working days leave oath year. Group Is Exempt personnelt, instead of taking leave time off, may at their option, be compensated for extra hours of work, by receiving pay at the hourly rate of their salary, up to a maximum of forty (40) hours annually. The overtime claimed and the method of compensation must be approved by the department head and the City Manager. C. VacaLlon Elicibility Date: The anniversary date for purpose of granting additional vacation days for continuous service and comput- ing vacation credits shall be the first day of probationary appoint- ment. D.Approval: No vacation may be taken at any time without approval of the department head or in the case of department heads, approval of the City Manager. The times during a calendar year at which employees may take their vacations shall be determined by the depart- ment head or City Manager with cue regard for the wishes of the employee and particular regard for the needs of the City. E. Holidays or Illness: Whenever 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 department head or City Manager. Illness during a vacation period shall not be considered as sick leave. F. 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 (3) months. in which case anytime thereafter will be excluded from computation. 6. Accumulatig,: Allowed vacation credits :hail 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. H. 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 .7. m 6t _f 0 • VFVM tt such tenainallon, eta O,_ UM --QF AS=: Alt penaanent eoployets of the MY of Palo pesert shall be allowed specified leaves of absence. the eapioyee shall notify the doparbMt head or the Personnel Officer prior to or smithih fir (4) hours after the time set for begirning daily duties. A. Silk Leave After satisfactorily completing the six months probationary period, each permanent full-time employee shall accrue sick leave credits of 8.00 hours for each month of tontine ous service starting 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 were but less than full-time shall accrue sick leave credits of 4.00 hours for each month of continuous service starting from the date of appointment. Allowed personnel 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 department head, 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 City Manager shall determine the granting or denial of same. B. family Illness Leave: An employee may request absence necessi- tated by illness of immediate family members, and at the discretion of the department head or City Manager, may use credits frog 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, brothersq sisters, or other individuals whose relationship to the employee 1s that of a dependent or near dependent. C. jkrlvomtnt Leave: An employee may request three (3) days absence necessitated by death of immediate family members, and at the discre- tion of the department head or City Manager, may use credits from accrued sick loava. The immediate family shall be defined as the spouse, children,parents, parents of a spouse, brothers, sisters, or •8. Ordinance No. its kith tirltOW% Mhoste i'elationshi� to the eh>Oloyee is that of dweno"t at near dependent. 0. %ter+►Itr Leaves Maternity leave shall be considered a temporary disability And the employee shalt therefore be eligible for paid Mick leaves vocations leave of absence without pay or a combination of all threeb total maternity leave, including any combination thereof shall not exceed a period of six (6) months. L 4urr Ouy: All employeass when called to serve on a jury, shall inform their department heads and shalt have time oft 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 (Amoy. 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 shalt be granted a leave of absence without pay. City service shall not be deemed to be inter- rupted by such absence and said employee's status, with reference to continuance in office, or reappointment to office of reemployment, shalt not be prejudiced directly or indirectly by reason of any absence from duty on account of actual service in the military forces of the United States. G. Industrial Accident Leave: Any on-the-job injury or accident must be reported to the department head or City Manager within twenty four (24) hours after said injury or accident. Each employee absent from work as a result of any injury or disease arising out of and during the course of employment with the City of Palm Desert which comes under the State of California Worker's Compensation Insurance and Safety Act, is entitled to industrial accident leave. In such cases the employee shall receive from the City the difference between any Worker's Compensation payments and the employee's regular salary. Sick leave shall be charged in relation with the City's contribution percentage used to supplement employee's wages. N. Lsore Without Put An employee may be allowed a leave of absence without pay by submiitting a written request to the City Manager, •9- •� • • • tr O 11arreiolred PMOf approval IV the � tartwt head. the � ♦ ` x it ils"W arty' grant in voloyes a leave of absence without pey fi r fbr a period not to exceed On (61 months. During such leave without Pair• vacation* tick lees and holiday credits wilt not be accrued and the employee will be excluded from all other compenss- tier and fringe benefits. I. y�+at:DrovM leave: Any absence from work without approved leave shall be grounds for termination of employment. SECTION 7. RETIREMENT: All permanent employees of the City of Paley Deserts 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 employment. SECTION 8. HEALTH AND FIFE INSURANCE: Employees of the City of Patin Desert are eligible for group n►�dical and life insurance for themselves and dependents as may be provided for icy the City. SECTION 9. OTHER COMPENSATION COMPONENTS: All regular full-time employees of the City of Paio Desert shall receive additional compensation as follows: l A. Automobile Mileage Allowances: All employees, except those J receiving a monthly auto allowance, and who utilize owned vehicles for City business, shall be entitled to reimbursement at the rate established by the City. Automobile allowances for designated positions shall be established by resolution. B. Out of Area Travel: Employees receiving a monthly auto allowance, utilizing their privately -owned vehicles for City business beyond a distance of twenty five (26) miles from the Palm Desert City limits, shall be entitled to reimbursement at the rate established by the City. 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 City Manager. C. Educational Iggentive Program: All employees, with prior approval of the department head or City Manager 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 imediately beneficial to the employ" and the City -10- "`i a . ' .1 • Ordinance 1*. 176 Im Pv"HM srfflei"t %v* hew beep bddgettd for sane. #- Rolstsurrment Is raft only after to employee has satisfactorily eoapitted the coarse or Workshop with the grade of "C" or better or equivalent completion, and that evidence of %aloe be submitted to the Personnel Officer. 0. Bi-Annual Phvsieals for Executives: The cost of a bi-annual physical examination shall be paid by the City at a fee not to exceed $150 per employee, and shall be required of certain execu- tive and management positions. These positions shall be establist,_� by resolution. E. Service Club Reimbursement: In order to promote a spirit of cooperation and understanding with citizens, and to give key employees an opportunity to share in services to the community, the City's annual budget will include provision for reimbursement to selected employees for the cost of initiation fees, annual dues, and dues - related costs in local service clubs. The goal is to retain a proper spread of memberships in the various service clubs. The number of memberships for each department will be established by resolution. Memberships, when approved by the Council in the annual City Budget, may be designated by the department head and require approval of the City Manager. 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 shalt be extra help employees only and shalt not receive pay for holidays, shall not be entitled to became mem- bars of the retirement system, or to accumulate vacation time, sick leave, or other benefits that are allowed permanent employees. SECTION 11, OUTSIDE EMPLOYMENT: An employee must not have any out- side employment without first obtaining approval from his department head and the City Manager. The employee is required to assure the City, in writing, of the followings A. The outside employment shall not involve a conflict of interest. !. The outside employment shall not interfere with the recall to City duty on an after hours basis, in the event of a City emergency. SECTION 12, CITY EMER Z11CV JITUATION: In the event of a City emergency situation, all employees who are contacted to return to work, unless physically incapacitated, Must do to. -11. " Cytfi11 13. MID= MIN=t Residency requirement.• may be 1�s mblii►hli, ill aceeifd M with State lets in those positions where :mergency Wviees my be required. Residency requirements shell be esteblisi,ed on a tin we ditto"" fatter. ,�CTt0i1 lo. DISCtpItNARtl AC1tON: Employees may be admonished. reprimamm* suspended, denoted or discharged for any of the following cartes: Absence without leave, abuse of sick leave priviledges, fraud in securing appointment, incompetency, inefficiency, insubordination, dishonesty, ofthandling of public funds, falsifying of City records, unauthorized use or negligence in the use of City tools and equipment, willful disobedience of these rules and regulations, Administrative Regulations Ar any departmental rules and regulations which have been approved by the City Manager, 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 orai or written and constitute only a warning to the employee that he is not satisfactorily fulfilling the duties :.nd responsibilities of his position. If the admonishment or reprimand is written and a copy is sent to the Personnel Officer, it shall became part of the J employee's permanent record. If upon appeal, employee's position is sustained, then written reprimand shall be purged from the record. B. Suspension: The City Manager or his designated representative may suspend an employee from his position for just cause. The City Manager may suspend an employee with or without pay not to exceed twenty (20) working days. No employee shall be penalized by sus- pension for more than twenty (20) working days in any fiscal year for disciplinary reasons. Suspensions shall be reported immediately to the Personnel Officer. C. Rntion/Reductign in Pay: The City Manager shali demote or reduce in pay any employee whose ability to perform his required duties falls below standard, or for disciplinary purposes. No employee shalt be demoted to a position for which he does not possess the minima 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. O, 01scharoe: An ammployee may be discharged for cause at any time by the City Manager, Any employee who has been discharged shall be .l=. 1 i OrdiMnee No. JZL Mulled tb toeeir! a Witt" statowl of the iwsons for such f aetilm as stated in Section it Appeal Procedures. Cause for dis elissal is outlined in paragraph 1 of this Section. CTtdL lt, 6RtEYAtICES_ AND �PPEA�S,! It is the desire of the City to adwst grievences informally and both supervisors and employees are expected to wake every effort to resolve problems as they arise. However, it is recog- *tied that there will be grievances which will be resolved only after format appeal and review. Accordingly the following procedure is established. Air employee of the City within the Personnel System shall have the right to grieve under this provision any disciplinary action or any dispute concerning the tntarpretation or application of the City's written Personnel Rules and Regulations, except in instances where the right of appeal is specifically prohibited by these roles. 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 next level of supervisors. An employee who has a problem or complaint shall first discuss the matter with his immediate supervisor without undue delay. The supervisor shall make inquiry 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 department head. The department head shall make a separate investi- gation.and inform the employee in writing of his decision and the reason there- fore within seven (7) calendar days after receipt of the employee's grievance. If the employee is dissatisfied with the department head's decision, within seven (7) calendar days following receipt of the decision of the department head, the employee may ragwst in writing a review by the City Manager. The city Manager shall make an investigation and conduct such hearings as he deems neMsory and shall within (15) calendar days after receipt of the employee's request for review, inform the employee in writing of his findings and decision. The decision of the City Manager shall be final. fimplepaes shall be assured freedom from reprisal for using the grievance •13. • 3irrcai:ll• WPL _ IdILITIFM Since It is the Polley it 04 City et Palo Desert to recruit highly qualified staff, at a com"titive total eoaWdatioo level, the aarployees shall be responsible for striving to enact the *ish Wfonsanet standards established by City ewnagement. SECttO,�if__- REPEAL OF RESOWTiONS IN CONFLICT HEREWITH: All resolution+:, ordinances and personnel policies in conflict herewith be and the same art hereby repealed. PASSED, APPROVED, and ADOPTED by the City Council'of the City of Palen Desert, California on this 26th day of January , 1978 by the following vote, to wit: AYES: Brush, McPherson, Newbrander, Wilson 3 Mullins NOES: None ASSENT: None ABSTAIN: None MAYOR ATTEST: J SHEILA R. GM66ffl, Cl" K