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HomeMy WebLinkAboutORD 504ORDINANCE NO. 504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTIONS 2.52.060 (8), 2.52.080 (A AND 8), 2.52.090, 2.52.100, 2.52.140, 2.52.190, 2.52.230 (A THROUGH M), 2.52.250, 2.52.310, 2.52.3209 2.52.340 (A, 8 AND C), 2.52.400, 2.52.430, 2.52.450 (D AND E ) , AND 2.52.460 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, AND AMENDING THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF PALM DESERT, CALIFORNIA. WHEREAS, the City Council of the City of Palm Desert, California does HEREBY ORDAIN, as follows: SECTION 1: That it does hereby amend the City of Palm Desert Regulations, set forth in Exhibit "A", attached hereto and made a part hereof, effective immediately. SECTION 2: That Sections 2.52.060 (B), 2.52.080 (A and B), 2.52.090, 2.52.100, 2.52.140, 2.52.190, 2.52.230 (A through M), 2.52.250, 2.52.310, 2.52.320, 2.52.340 (A, B and C), 2.52.400, 2.52.430, 2.52.450 (D and E), and 2.52.460, constituting a portion of the City of Palm Desert Personnel Rules and Regulations, are hereby rep leaIed. SECTION 3: The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this ordinance, and the same shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 14th day of MAY , 1989: by the following vote: AYES: BENSON, CRITES, SNYDER, WILSON, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE A RICHA D S. KEILLY, MAYOR ATTEST: rSHEILA R. ILLIGAN, C Y CLER CITY OF P M DESERT, CALIFORNIA 2.52.060 Types of employees. B. Temporary employees. Temporary employees are those extra help or seasonal employees hired for a definite period of time, usually twelve months or less and can be either full-time for part-time employees. Compensation is set on a per diem or hourly basis. Temporary employees are not eligible for paid holidays, vacation and leaves of absence credits nor health and life insurance, and other compensation benefits. 2.52.080 Advancements within schedules. Employees may be advanced within their respective salary schedules in accordance with the following schedule of minimum length of service: Step "B", after six months satisfactory service in the next lower step; Step "C", after one year satisfactory service in the next lower step; Step "D", after one year satisfactory service in the next lower step; Step "E", after one year satisfactory service in the next lower step; Step "F", 2-1/2% longevity increase after two years satisfactory service in step "E" Step "G", 2-1/2% longevity increase after two years satisfactory service in step "F" Step "H", 2-1/2% longevity increase after two years satisfactory service in step "G" Step "I", 2-1/2% longevity increase after two years satisfactory service in step "H" 2.52.090 Advancement in salary. 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. A. 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 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. When the effective date of a promotion is within sixty days before an employee's anniversary date, any merit increase which would have been granted to become effective on that anniversary date shall become effective on the effective date of promotion and shall be in addition to the promotional increase. B. Special Merit Advancement. 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 City Manager that said employee be advanced to a higher pay step without regard to the minimum length of service. The City Manager may approve and effect such advancement. - 1 - EXHIBIT "A" 2.52.100 Adjustment in salary. A. Range change. The salary of an employee in a classification that is adjusted to a higher salary range shall be placed upon the same step in the new (higher) salary range. B. Reclassification. The salary of an employee in a position which is reclassified shall be determined as follows: 1. Same range. If the position is reclassified to a class which is allocated to the same salary range, the salary shall not change. 2. Higher range. If the position is reclassified to a class which is allocated to a higher salary range, the salary shall be placed upon the same step in the new (higher) salary range. 3. Lower range. If the position is reclassified to a class which is allocated to a lower salary range, the salary shall remain at the rate of pay received immediately before the reclassification until a step in the new (lower) salary range assigned to the position reclassified is the same as the employee's rate of pay. Future advancements will be in accordance with Sections 2.52.080 and 2.52.140. 2.52.140 Anniversary date for merit step advancement. For purposes of further annual merit increases within the salary range, the anniversary date and performance review shall be as follows: A. Promotional advancement. The anniversary date shall be changed to the date when the promotion was effective. B. Special merit advancement, range change and reclassifi- cation. The anniversary date shall remain the same. 2.52.190 Work week and overtime. Employees who are subject to the Federal standards of the United States Fair Labor.Standards Act of 1938, as amended, shall be compensated in the manner set forth in such Act and the regulations duly adopted pursuant thereto. A. Work week designated. The official work week shall begin at 12:01 a.m. Saturday and end at 12:00 midnight of the following Friday. A work week other than standard for departments, divisions within departments and individual department employees may be established which is different than the official work week as set forth above if requested by a department head and approved by the City Manager. B. Overtime - Non-exempt employees. Department heads may authorize reasonable periods of overtime work for an employee. Work in excess of forty hours in a work week shall be considered overtime work; provided, however, that overtime in a amount less than thirty minutes in a work week is not compensable and shall not be reported on attendance records. Approved overtime work performed by an employee shall be compensated either by cash payment at the rate of one and one- half times the employee's regular hourly rate for the work week in which overtime was worked or by allowing compensatory time off at the rate of one and one-half times the overtime worked. Earned compensatory time off shall be taken as soon as possible after the date that it is earned. Earned compensatory time off not taken within ninety calendar days of such overtime work shall be paid for in cash. -2- EXHIBIT "A" 2.52.191 Standby pay. Whenever a non-exempt employee is scheduled for standby duty such employe will be considered to be "on - call". On -call is defined as that period of time other than regularly scheduled work time during which an employee is engaged to wait for a call-back to provide services which are the responsibility of the department in which the employee is employed. Such employee shall be compensated by cash payment at the employee's regular hourly rate in the work week in which standby duty was incurred in accordance with the following: Two hours per day - each weekday Three hours per day - each Saturday, Sunday or holiday An employee who is "called back" and reports to duty while "on -call" will not receive standby pay, but will, instead, receive call back pay in accordance with Section 2.52.192. 2.52.192 Call back pay. "Call back" is defined as those occasions when an employee responds to a City request, made after the employee has completed the normal shift and left the work station, to report for duty during off -duty hours. For purposes of call back, time spent by the employee in traveling to and from the employee's place of residence to the work area shall not be considered hours worked. Whenever an non-exempt employee is called back for duty during off - duty hours, such employee shall be credited with a minimum of two hours work time plus time actually worked in excess of two hours. Such employee shall be compensated by cash payment at the rate of one and one-half times the employee's regular hourly rate in the work week in which call back duty was incurred. 2.52.230 Holidays. All permanent full-time employees of the City shall receive eight hours pay for each holiday. All permanent part-time persons employed on a half-time basis or more, but less than full-time, shall receive four hours pay for each holiday. A. Designated Holidays 1. January 1st, known as "New Years's Day"; 2. The third Monday in February, known as "Washington's Birthday"; 3. The last Monday in May, known as "Memorial Day"; 4. July 4th, known as "Independence Day"; 5. The first Monday in September, known as "Labor Day'; 6. The second Monday in October, known as "Columbus Day"; 7. November llth, known as "Veteran's Day" 8. The fourth Thursday in November, known as "Thanksgiving Day"• 9. The Friday after Thanksgiving Day; 10. December 25th, known as "Christmas Day"; 11. One "Floating Holiday". The employee shall be granted an additional holiday; the actual day to be decided between the employee and the department head with consideration given to the efficient operation of the department; -3- EXHIBIT "A" Any day declared to be a holiday by proclamation of the Mayor. Holidays falling on Sunday shall be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday. 2.52.250 Vacation --exempt personnel, Group A. All personnel as set forth in Section 2.52.200 are granted ten additional working days leave each year. Group A, exempt personnel, 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 hours per calendar year. The overtime claimed and the method of computation must be approved by the department head and the City Manager. 2.52.310 Vacation credit --accumulation. Allowed vacation credits shall be accumulated. Employees need not take all or any of their credited vacation days in one calendar year, and may carry over those unused vacation days to succeeding calendar years. 'The maximum vacation days that may be accumulated as of December 31st,( the end of the calendar year,) hewener shall not exceed two calendar years worth of the employee's allowed vacation credits. 2.52.320 Vacation credit-- payment upon termination. An employee, after serving continuously for a period of 180 calendar days, whose employment is terminated by death, resignation, layoff or otherwise, shall be paid for the balance of accumulated vacation credits accrued at time of termination at the hourly rate of their salary in effect at such termination. 2.52.340 Sick leave. A. 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 continuous service starting from the first day of probationary appointment. B. 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 date of probationary appointment. C. All probationary employees, during the six months probationary appointment, may "borrow" accrued sick leave credits. If employee is not advanced to regular status or terminates before the end of the six months probationary period, such sick leave credits used shall be deducted from the employees final pay check. D. 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. E. When absent for more than three consecutive workdays, the employee may be required to file a physician's 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. am EXHIBIT "A" 2.52.400 Industrial accident leave. A. Any on-the-job injury or accident must be reported to the department head or City Manager within twenty-four 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, which comes under the State of California Worker's Compensation Insurance and Safety Act, is entitled to industrial accident leave. B. In such cases, during such absence, the employee shall be entitled to receive compensation equal to the difference between the employee's base salary and the weekly compensation benefits received by the employee up to the amount of the employee's accumulated sick leave, vacation or holiday time, on the basis of a pro rata charge to such leave, based on the difference between the employee's base salary and benefits received. At such time as such leave is exhausted, the employee shall be compensated solely by applicable Worker's Compensation or disability payments. 2.52.430 Retirement. A. All City employees who are not excluded from membership pursuant to the terms of Public Employees' Retirement Law shall automatically be included in the Public Employees' Retirement System. Employees excluded from membership in the Public Employees' Retirement System shall not be entitled to retirement benefits. B. There shall be added to the base compensation payable to each employee who is a member of the Public Employees' Retirement System tb an amount equal to the employee's normal rate of contribution to the Public Employees' Retirement System, as defined by Section 20600 of the Government Code including the cost of the 1959 Survivor Benefit. The City will not pay any additional employee contributions, such as contributions for prior service credits. The amount of additional compensation payable pursuant to this section shall constitute deferred compensation and the City shall pay the amount so deferred to the Public Employees' Retirement System for the account of the employee entitled thereto as required by Section 20683 of the Government Code. 2 52 450 Other compensation components. D. Executive Physicals. Once in a twelve month period, the cost of a medical examination will be paid for by the City at a cost not to exceed an amount budgeted per employee that fiscal year, and shall be required of certain legislative and executive positions. These positions shall be established by City Council resolution. The examination may be performed by a City selected physician or the employee may be reimbursed at a cost not to exceed an amount budgeted per employee that fiscal year, if performed by a private doctor. 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 provisions for reimbursement to selected employees for the cost of initiation fees, annual dues, and related costs in local service clubs. -5- EXHIBIT "A" 2.52.460 Driver authorization and performance. Ability and willingness to drive safely is extremely important for those employees who are required to drive in the performance of duty. It is necessary to reduce the City's risk liability to a minimum level. A. Responsibility. The department head may authorize driving privileges to an employee who must drive a City owned, a City leased and/or a privately owned motor vehicle to perform his assigned functions, provided the employee meets the following requirements: 1. Possession of an appropriate, valid California motor vehicle operator's license. 2. Has no physical impairment which precludes driving. 3. If a privately owned vehicle is used then employee must provide the City with a copy of a Certificate of Insurance showing minimum liability insurance coverage as required by the Financial Responsibility Law of the State Vehicle Code. B. Motor Vehicle Record Check. Motor vehicle record checks shall be made with the State Department of Motor Vehicles in the following instances: 1. New driver authorizations. 2. Renewals of driver authorizations. 3. Whenever deemed necessary by the City Safety Committee or the City Manager. All record checks shall be deemed confidential material. C. Cancellation. An authorized driver's driving privilege shall be deemed to be automatically cancelled, if a motor vehicle record check on the employee reveals that such driver has a suspended or revoked license or when such employee retires, terminates, is discharged, or whenever the privilege is not longer necessary for job functions. D. Poor Driving Performance. When an employee is required to drive in the performance of duty, failure to drive safely must be a matter of concern to the department head. Poor driving as other poor performance can be a basis for discipline pursuant to Section 2.52.510 hereof. A City Safety Committee shall review and analyze all employee accidents in order to control and minimize the risk liability of the City. To assist department heads to identify poor drivers, the following shall be considered as evidence of poor driving performance: 1. Repeated non -serious accidents. These are instances where an authorized driver has a record of two or more on-the-job, non - serious, preventable vehicle accidents in the past twelve months, which are accidents that do not result in injuries to persons or where total property damage is less than $250.00. 2. Serious preventable accidents. This is defined as anytime an authorized driver has one or more preventable, on-the-job, vehicle accidents resulting in injury or death, or property damage exceeding $250.00. 3. Recklessness or complaints. This is an occasion when one or more valid citizen complaints or from other City employees against an authorized driver for alleged improper driving appear to show acts more serious than a simple failure to exercise due care. These complaints shall normally be validated and investigated by the Safety Committee with findings reported to the appropriate department head for action or disposition which is in accordance with this policy. IM. EXHIBIT "A"