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HomeMy WebLinkAboutORD 855ORDINANCE NO.85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, RESCINDING AND REPLACING ORDINANCE NO. 176, AND ESTABLISHING A NEW PERSONNEL SYSTEM AS CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE. Whereas, the Personnel Ordinance has not been substantially amended since 1983; and Whereas, recently passed federal and state laws have necessitated changes in the City Personnel policies; and Whereas, the proposed Personnel Ordinance has been amended to conform to the federal and state laws; and Whereas, over the years Memorandum of Understandings between the City and Palm Desert Employees Organization have modified benefits, holidays, and accruals; these modifications have not been incorporated into the Personnel Ordinance; and Whereas, the Palm Desert Employees Organization and management staff have had numerous opportunities to comment and recommend changes to the Personnel Ordinance; and Whereas, many of the recommendations were incorporated into the Personnel Ordinance and those recommendations that were not incorporated, a response was provided to the employees; and Whereas, the City management has met and conferred in good faith with the Palm Desert Employees Organization; and Whereas, the Personnel Ordinance is a tool for City management establishing rules to recruit, retain, compensate, discipline and reward employees in a accurate and consistent manner. NOW, THEREFORE, be it resolved that the City Council of the City of Palm Desert Does Ordain as follows: SECTION 1. PERSONNEL SYSTEM: 2.52.010 Selection criteria. Appointment of individuals will be made on the basis of merit and ability. No question in any test, or in any application form, or by an appointing authority, shall be so framed as to attempt CITY COUNCIL ORDINANCE NO.855 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, ethnic or national origin, age, sex, political or religious opinion or affiliation, sexual orientation or physical or mental disability, when physical and mental disabilities do not affect ability to perform within classification. (Ord. 176 § 2 (part), 1978) 2.52.020 Recruitment notices -- Application requirements. A. 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. Various media of publicity shall be used as might be expected to bring notice of vacancies to as many qualified persons as possible. B. 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 special qualifications shall be required to provide documentary evidence of a satisfactory degree of education, training, and/or experience. A background check shall be conducted and made part of the applicant's 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, or employment terminated, if already hired, if the applicant has made any false statement or omission of any material fact, or given wrong or misleading information. Whenever an application is rejected, notice of such rejection shall be mailed to the applicant. (Ord. 176 § 2(A), 1978) 2.52.030 Examinations/Employment. A. 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. B. The personnel officer, together with the department head, shall determine the methods of evaluating the qualifications of applicants. The methods may involve any combination of written test, oral interview, performance test, rating of education, training and experience or other measure of an applicant's ability and qualifications. C. Each person who takes an examination shall be given written notice of the results thereof and shall be entitled to inspect their examination papers. An employee is entitled to a copy of their examination papers when requested. (Ord. 176 § 2(B), 1978) CITY COUNCIL ORDINANCE NO.855 D. Following a conditional offer of employment, a medical examination shall be required, at City expense, and shall be satisfactorily passed prior to commencement of employment to determine if applicant can perform essential functions of the job with or without reasonable accommodation. 2.52.040 Basic compensation plan. The "Table of Salary Ranges for Classifications and Positions" and the salary schedule shall be established by resolution. (Ord. 176 § 3 (part), 1978) 2.52.050 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 city manager: A. Regular Appointment. Regular appointment follows successful completion of a six months' probationary period, when applicable, and signifies satisfactory performance of duties and responsibilities in the position to which the employee is assigned. B. Acting Appointment. Acting appointment occurs when a supervisor temporarily assigns an employee to a classification and employee performs all the duties of a position other than the position the employee normally occupies. Acting appointments must be approved by the City Manager. The employee appointed in an acting capacity shall receive the salary equivalent to Step A of the acting position. providing it is at least five percent higher and providing that the employee serves in the higher classification for at least thirty consecutive calendar days. Acting appointments shall be made on a temporary basis. When the employee is relieved of the acting appointment, the employee shall be reinstated to the former position and the salary adjusted to the salary range of the former position at the appropriate step as if the temporary appointment had not occurred. (Ord. 176 § 3(A), 1978) 2.52.060 Types of employees. A. Regular Employees. Regular employees are those hired for an indefinite period of time who have received a regular appointment and can be either full-time or part-time employees. Regular employees, provided they are employed on a half time basis or more, are eligible for paid holidays, vacation, leaves of absence credits, retirement, health and life insurance, and other compensation benefits. CITY COUNCIL ORDINANCE NO.855 B. Temporary Employees. Temporary employees are those extra help hired for a definite period of time, not to exceed twelve months and can be either full-time or part-time employees. Temporary employees serve at the will of the City and are subject to termination at anytime without cause and no right of appeal or hearing. Compensation is set on a per diem or hourly basis. Temporary employees are not eligible for paid holidays, vacation, leaves of absence credits, retirement, health and life insurance, and other compensation benefits. C. Seasonal Part-time. Seasonal employees are those employees hired part-time for a specific assignment. The assignment is seasonal in nature and work less than 2,080 hours per year, and are not eligible for paid holidays, vacation, leaves of absence credits, retirement, health and life insurance, and other compensation benefits. Seasonal employees serve at the will of the City, and are subject to termination at any time without cause and no right of appeal or hearing. D. Probationary Employees. Probationary employees are all employees who are newly hired and regular employees who are appointed to a new position due to promotion. Probationary employees shall be .subject to a period of six months probation. This probation period may be extended in individual cases by the department head, with the approval of the city manager. No probationary period may be extended more than six months. The work and conduct of probationary employees will be subject to close scrutiny and evaluation. The probationary period shall be considered to be a working test period during which an employee is required to demonstrate fitness for the appointed position by actual performance of the duties of the position. An employee shall be retained beyond the end of the probationary period only if the appropriate department head affirms that the services of the employee have been found to be satisfactory. Newly hired probationary employees serve at the will of the city and are subject to termination without cause and without right of appeal or hearing. An employee dismissed during the probation period from a position to which the employee had been promoted and who had previously held regular status shall be restored to the former position unless the employee is dismissed from city service for cause pursuant to this chapter. (Ord. 608 § 1 (part, 1990: Ord. 504 §§ 1 (Exhibit A) (part), 2 (part), 1988; Ord. 176 § 3(B), 1978) E. Acting Employees. Acting employees are employees temporarily assigned to and who perform all the duties of a position other than the position the employee normally occupies. 2.52.070 Beginning Compensation. A new employee of the city 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 %.40 recommendation of the department head and with the approval of the city manager, such new CITY COUNCIL ORDINANCE NO.855 employee may be employed at a higher step. The department head must provide adequate justification based on knowledge, experience and skills that the beginning rate of a new employee is warranted above Step A, but such rate may not exceed Step E. (Ord. 176 § 3(C), 1978) 2.52.080 Personnel Date defined. A. Hire Date. Hire date shall be the first day of employment with the City of Palm Desert. B. Review Date. Review date shall be the date of the next regularly scheduled written performance evaluation or another date requested by Supervisor for purpose of conducting a written performance evaluation. Written performance evaluations may be postponed as allowed in 2.52.060 and 2.52.090. The date that the written performance evaluation is postponed to shall be the review date. C. Merit Increase Eligibility Date. The merit increase eligibility date shall be the date of the next scheduled advancement within the salary schedule. Advancements within the salary schedule are subject to the employee satisfactorily completing the minimum length of service within the current step. D. The merit increase eligibility date and review date will conform with section 2.52.150. 2.52.090 Advancements within schedules. A. Employees may be advanced within their respective salary schedules in accordance with the following schedule of minimum length of service: Step B, five percent increase after six months of satisfactory service in Step A; Step C, five percent increase after one year of satisfactory service in Step B; Step D, five percent increase after one year of satisfactory service in Step C; Step E, five percent increase after one year of satisfactory service in Step D; Step F, two and one-half percent increase after two years of satisfactory service in Step E; Step G, two and one-half percent increase after two years of satisfactory service in Step F; Step H, two and one-half percent increase after two years of satisfactory service in Step G; CITY COUNCIL ORDINANCE NO.855 Step I, two and one-half percent increase after two years of satisfactory service in Step H; Step J, two and one-half percent increase after five years of satisfactory service in Step I. 2.52.100 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 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. If the percentage difference between the ranges will not grant the promoted employee a minimum of five percent salary increase, the promoted employee shall be granted the highest step in the new salary range. When the effective date of a promotion is within .ew sixty days before an employee's merit increase eligibility date, any merit increase which would have been granted to become effective on that merit increase eligibility 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 demonstrates exceptional ability and proficiency in the performance of the assigned duties, the supervising department head may recommend to the city manager that the 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. (Ord. 504 §§ 1 (Exhibit A)(part), 2(part), 1988) 2.52.110 Adjustment in Salary, Reclassification. The salary of an employee in a position which is reclassified shall be determined as follows: A. Same Range. If the position is reclassified to a class which is allocated to the same salary range, the salary shall not change. B. Higher Range. If the position is reclassified to a class which is allocated to 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 Step A, he or ^* she shall be placed in the step of the higher classification that will grant such employee a salary increase of not less than five percent. When the effective date of a reclassification is within sixty days before an employee's merit increase eligibility date, any ixierit increase which would have been granted on that merit increase eligibility date shall become effective on the effective date of the reclassification and shall be in addition to the reclassification increase. CITY COUNCIL ORDINANCE NO.855 C. Lower Range. If a position is reclassified to a class which is allocated to a lower salary range, the position shall be Y-rated. The salary of a Y-rated position will remain at the rate of pay received immediately before the reclassification until a step in the new (lower) salary range assigned to the reclassified position. equals or exceeds the employee's rate of pay. Step advancements in the new (lower) range may be made without increases to the employee's rate of pay. COLA (cost -of -living adjustment) increase will not be given to Y-rated employees until the employee's step in the new (lower) salary range equals or exceeds the employee's rate of pay. 2.52.120 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 city council deems necessary. (Ord. 176 § 3(G), 1978) 2.52.130 Layoff. The city manager may lay off an employee in the personnel system because of lack of work, for reasons of economy and efficiency, or budgetary reasons. Thirty calendar days if possible and in no case less than ten working days before the effective date of layoff, 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 satisfactory service, the employee will be given priority based upon seniority within their classification and tenure with the City, for a period not to exceed six months, for reemployment, provided there is a vacancy and the employee is qualified and otherwise suited for the position. (Ord. 176 § 3(H), 1978) 2.52.140 Reduction in salary for unsatisfactory performance or other type of demotion. A. 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 five percent below the salary when demoted. The employee's merit increase eligibility date shall be one year from the effective date of demotion; unless revised by the City Manager with supervisor's consultation. B. When an employee in good standing is demoted to a position with a lower range of pay for reasons other than unsatisfactory performance or disciplinary action, the employee shall remain at the rate of pay received immediately before the demotion until a step in the new (lower) salary range assignment to the demoted position equals or exceeds employee's rate of pay. (Ord. 176 § 3 (I), 1978) 2.52.150 Merit increase eligibility date for merit step advancement. For purposes of further annual merit increases within the salary range, the merit increase eligibility date and performance review date shall be as follows: CITY COUNCIL ORDINANCE NO.855 A. Promotional Advancement. The merit increase eligibility date shall be changed to the effective date of the promotion. B. Special Merit Advancement, Range Change and Reclassification. The merit increase eligibility date shall remain the same. (Ord. 504 §§ 1 (Exhibit A) (part), 2 (part), 1988) 2.52.160 Department heads. When the employee under consideration for advancement, reduction, demotion or reassignment shall be a department head, the city manager shall initiate all actions. (Ord. 176 § 3 (K), 1978) 2.52.170 City clerk's salary. The salary of the city clerk is set by the city council with recommendations for adjustments made by the city manager. (Ord. 176 § 3(L), 1978) 2.52.180 Salary -- City Manager and Executive Director of the Redevelopment Agency. The salaries of the City Manager and the Executive Director of the Redevelopment Agency are set by the city council and agency board. (Ord. 176 § 3(M), 1978) 2.52.190 Other compensatory time off. The city manager may grant compensatory 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. (Ord. 176 § 3(P), 1978) 2.52.200 Workweek 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. Workweek Designated. The official workweek shall begin at 12:01 a.m. Saturday and end at twelve midnight of the following Friday. Generally, the workweek shall be designated as a forty hour workweek having five (5) workdays at eight hours per day. A workweek other than standard for departments, divisions within departments and individual department employees may be established which is different than the workweek as set forth in this section if requested by a department head and approved by the city manager. "r- CITY COUNCIL ORDINANCE NO.855 B. Overtime -- Nonexempt Employees. Department heads may authorize reasonable periods of overtime work for an employee. Work in excess of forty hours in a workweek shall be considered overtime work; provided, however, that overtime in an amount less than fifteen minutes in a workweek is not compensable and shall not be reported on attendance records. As determined by department head, 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 workweek in which overtime was worked, or by allowing compensatory time off at the rate of one and one-time the overtime worked. Earned compensatory time off shall be taken as soon as possible after the date that it is earned. However, earned compensatory time off not taken within ninety calendar days of such overtime work shall be paid for in cash. (Ord. 504 §§ 1 (Exhibit A) (part), 2 (part), 1988) 2.52.210 Standby pay. A. Whenever a nonexempt employee is scheduled for standby duty, such employee 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 callback to provide services which are the responsibility of the department in which the employee is employed. During this period of "on -call", the employee is free to engage in the employee's regular activities so long as the employee is available by phone or beeper and is a reasonable distance from work and in a condition to work. Such employee shall be compensated by cash payment at the employee's regular hourly rate in the workweek in which standby duty was incurred in accordance with the following: 1. Two hours per day, each weekday; 2. Three hours per day, each Saturday,'Sunday or holiday. B. An employee who is "called back" and reports to duty while on -call will not receive standby pay, but will, instead, receive callback pay in accordance with Section 2.52.220. (Ord. 504 § 1 (Exhibit A) (part), 1988) 2.52.220 Callback pay. "Callback" means and is defined as those occasions when an employee reports to duty during off -duty hours responding to a city request made after the employee has completed the normal shift and left the work station. For purposes of callback, 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 a nonexempt employee is called back for duty during off 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 workweek in which callback duty was incurred. (Ord. 504 § 1 (Exhibit A) (part), 1988) CITY COUNCIL ORDINANCE NO.855 2.52.230 Exempt personnel, Group A. Certain positions are designated as being exempt from overtime provisions as set forth in Section 2.52.200. These positions shall be established by resolution. Among other things, positions requiring attendance at numerous extra hour meetings and conferences are designated as Exempt Personnel, Group A. (Ord. 176 § 3 (N), 1978) 2.52.240 Exempt personnel, Group B. Certain positions are designated as being exempt from overtime provisions as set forth in Section 2.52.200. These positions shall be established by resolution. Among other things, positions requiring attendance at occasional extra hour meetings and conferences are designated as Exempt Personnel, Group B. (Ord. 176 § 3 (0), 1978) 2.52.250 Pay periods. All employees shall be paid every two weeks. A pay period is for fourteen consecutive calendar days, beginning on a Saturday and ending on a Friday. (Ord. 786 § 3 (R), 1978) "% 2.52.260 Holidays. A. All regular full-time employees of the city shall receive eight hours' pay for each holiday. All regular part-time personnel employed on a half-time basis or more, but less than full- time, shall receive four hours' pay for each holiday. B. Designated holidays include: 1. January 1 st, New Year's Day; 2. The third Monday in January, Martin Luther King, Jr. Day; 3. The third Monday in February, President's Day; 4. The last Monday in May, Memorial Day; 5. July 4th, Independence Day; 6. The first Monday in September, Labor Day; P"M 7. November 1 Ith, Veteran's Day; 8. The fourth Thursday in November, Thanksgiving Day; CITY COUNCIL ORDINANCE NO.855. 9. The Friday after Thanksgiving Day; 10. One-half (1/2) day for Christmas Eve*; 11. December 25th, Christmas Day; 12. One-half day (1/2) for New Year's Eve*; 13. One "floating holiday." Regular full-time employees shall be granted an additional holiday, which can be taken any time during the year with advance approval from the department head. Floating holidays may accumulate to a maximum of one years' accrual. Once the maximum accrual is reached, accrual will cease until use of floating holiday reduces it below the maximum amount. C. Any day declared to be a holiday by proclamation of the Mayor may also be observed. With the exceptions cited above, holidays falling on Sunday shall be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday. _ * Should these two days fall on a City work day, City Hall will close at 12:00 noon. All employees must complete a total of four (4) hours work on such days, providing department coverage until 12:00 noon. Any employee NOT working a complete four (4) hours will need to show the difference from accrued leave balances (i.e. if the employee is on vacation the timecard would show 4 hours vacation and 4 hours holiday). Any employee working longer than four (4) hours will need prior approval to show the amount as overtime. Should these two days fall on a non - City work day, employees are eligible for one additional full day floater in accordance with the policies and practices currently applicable to floating holiday. 2.52.270 Vacation -- Generally. Eligibility All regular full-time employees and all regular part-time employees employed on a half-time basis or more shall be granted annual vacation with pay. Vacation benefits shall accrue beginning on an employee's first day of employment. Temporary and seasonal employees are not eligible for vacation benefits. Vacation time for regular full-time employees is earned according to the following schedule. All regular full-time employees of the City, after satisfactorily completing the six -months probationary period, shall be granted vacation with pay annually of a maximum of ten working days during each of the first two years of continuous service, and thereafter one additional day for each year of continuous service to a maximum of twenty working days. Regular half-time employees earn vacation time at one-half the regular rate. CITY COUNCIL ORDINANCE NO. 855 Employees designated as Exempt Personnel, Group A are granted an additional ten days vacation each year plus the continuous service accrual. Employees designated as Exempt Personnel, Group B are granted an additional five days vacation each year plus the continuous service accrual. Time Vacation May Be Taken -- Approval Required 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 department head or city manager with due regard for the wishes of the employee and particular regard for the needs of the city. (Ord. 176 § 5 (D), 1978) Holidays or Illness During_ Vacation Leave Whenever a holiday, as set forth in Section 2.52.260, falls within an employee's vacation period, the employee shall be entitled to the holiday with pay and it shall not be charged towards vacation leave. Illness during a vacation period shall not be considered as sick leave unless the employee provides a_physician's certificate and receives approval from the city manager. (Ord. 176 a.. § 5 (E), 1978) Vacation Accrual The maximum vacation days that may be accumulated as of December 31 st, the end of the calendar year, shall not exceed three calendar years worth of the employees allowed vacation credits. Vacation accrual rates shall be modified on the day following the merit increase eligibility date. Accruals shall be based on the provisions of this section and shall reflect a rate of vacation accrual so as to provide the employee the full vacation time on the last day of their full year of service. Vacation Buy -Back All regular full and half-time employees with 120 accrued vacation hours, may, upon written request, be compensated for up to a maximum of forty hours of accrued vacation per calendar year, instead of taking vacation time off. Vacation Payment Upon Termination Employees will be paid for unused accrued vacation time upon termination of employment. CITY COUNCIL ORDINANCE NO.855 2.52.280 Sick leave. A. After completing the probationary period, each regular 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 completing the probationary period, each regular 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. 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. D. When an employee is going to be absent, the employee shall notify the department head or the personnel officer as soon as possible but no later than one (1) hour after the time set for beginning daily duties. _ E. An employee absent for more than three consecutive work days, may be required to file a physician's certificate with the department head, stating the cause of absence and fitness to return to duty. If the employee's leave of absence is based on the physician's certificate, the city manager may grant or deny the leave of absence and may request, at City expense, that the employee be evaluated by a physician of the City's choice to obtain a second opinion on the employee's condition and fitness for duty. (Ord. 504 §§ 1 (Exhibit A) (part), 2 (part), 1988) F. Sick Leave Buy -Back at Termination. The City has established a sick leave buy-back at termination policy. The buy-back percentages are proportional to an employee's years of service and are set by resolution. 2.52.290 Family illness leaves. An employee may request absence necessitated by illness of immediate family members and, at the discretion of the department head or city manager, may use accrued sick leave not to exceed twelve days per calendar 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 significant. (Ord. 176 § 6 (B), 1978) 2.52.300 Family Leave. The City shall maintain a Family Leave Policy. The City's Family Leave Policy is set forth in a policy statement in the City's Employee Handbook. An employee wishing to take Family Leave, must request such leave pursuant to the provisions of the City's Family Leave Policy. CITY COUNCIL ORDINANCE NO.855 2.52.310 Bereavement leave. An employee may request six days absence necessitated by death of immediate family members and may use credits -from accumulated sick leave. 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 significant. (Ord. 176 § 6 (C), 1978) 2.52.320 Maternity Leave. Maternity leave shall be considered a temporary disability and the employee shall therefore be eligible for paid sick leave, family leave, vacation, other leave of absence without pay or a combination of the above. Total pregnancy disability leave, including any combination of leaves, shall not exceed a period of four months and twelve work weeks. Additional maternity leave may be granted by the City Manager. This is the maximum leave available should an employee be eligible and apply for a combination of pregnancy disability leave, FMLA and CFRA leave for the birth of a child. (Ord. 176 § 6 (D), 1978) 2.52.330 Medical Disability Leave An employee absent for longer than three (3) consecutive work days may be eligible for medical/disability leave provided they have orders by a physician and would be eligible for the City's disability plan after the designated waiting period, if any. Such leaves may be approved by the City Manager and may not exceed a period of six (6) months. During such leave, an employee shall therefore be eligible for continuation of existing benefits as may be provided for by the City, paid sick leave, family leave, vacation, other leave of absence without pay or a combination of the above. Medical/Disability -leave will run concurrent with any federal and state FMLA laws, providing the City's policy does not conflict with the law itself whereas the law will take precedence. 2.52.340 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. (Ord. 176 § 6 (E), 19778) 2.52.350 Military leave of absence. A. All employees who are called into the Armed Services of the United States (Army, *+ Navy, Coast Guard, Marine Corps or Air Force) for active reserve duty, shall be allowed a paid leave of absence for a period of not to exceed fifteen working days in any calendar year. CITY COUNCIL ORDINANCE NO.855 B. An employee required to perform active duty shall be granted a leave of absence without pay. City service shall not be deemed to be interrupted by such absence and said employee's status, with reference to continuance in office, or reappointment to office of reemployment, shall not be prejudiced 2.52.360 Industrial accident (worker's compensation)leave. A. Any on-the-job injury or accident must be reported to the department head or city manager immediately, but in no event later than twenty-four hours after the 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 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 current 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. At such time as such leave is exhausted, the employee shall be compensated solely by applicable worker's compensation or disability payments. (Ord. 504 §§ 1 Exhibit A) (part), 2 (part), 1988) 2.52.370 Leave without pay. An employee may be allowed a leave of absence without pay. The employee must first receive approval from their department head then submit a written request to the city manager. The city manager may grant an employee a leave of absence without pay for a period not to exceed six months. Unless additional unpaid leave is approved by the City Manager the total leave of absence for any employee in any given year may not exceed seven months, for one leave of absence or any combination of leaves. During such leave without pay, vacation, sick leave and holiday credits will not be accrued and the employee will be excluded from all other compensation and fringe benefits, except as otherwise provided by law. (Ord. 176 § 6 (H), 1978) 2.52.380 Unapproved leave. Any absence from work without approved leave shall be grounds for disciplinary action, including but not limited to, termination of employment. (Ord. 176 § 6 (I), 1978) 2.52.390 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. CITY COUNCIL ORDINANCE NO.855 B. The City shall contract with the Public Employees Retirement System to provide retirement benefits to qualified city employees. The retirement contract shall be kept on file at the human resources department. C. Retiree Health Care Program. The City shall maintain a Retiree Health Care Program. The guidelines of the program shall be set by resolution. 2.52.400 Health, life insurance and long term disability insurance. Employees of the city are eligible for group medical, dental, vision, long term disability and life insurance for themselves and dependents as may be provided for by the city. (Ord. 176 § 8, 1978) 2.52.410 Reimbursable components. All regular full-time employees of the city shall receive additional compensation, which shall be subject to state and federal regulations and reporting requirements, as follows: _ A. Automobile Mileage Reimbursement. All employees who utilize personal vehicles for city business, shall be entitled to reimbursement at the rate established by the city. B. Reimbursement for Conferences and Seminars. Employees attending authorized conferences, seminars, workshops or meetings shall be reimbursed for travel, lodging, meals and registration expenses, providing said expenses are budgeted or approved by the city manager. C. Training/Continuing Education Assistance Program. The City shall offer a training/continuing education assistance program. All employees, with prior approval of the department head and city manager, may be reimbursed for transportation costs where appropriate, cost of books, tuition and related expenses for classes or instruction where such instruction is mutually and immediately beneficial to the employee and the city, 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 completion, and that evidence of same be submitted to the personnel officer. The personnel office shall maintain and have on file the rules, regulations and guidelines of the Training and Education Program which are set by City policy. D. Executive Physicals. Once in a twelve-month period, the cost of a medical examination will be paid for by the city for elected and executive positions at a cost not to exceed �*+ an amount budgeted per position that fiscal year. 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. CITY COUNCIL ORDINANCE NO.855 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. (ord. 504 §§ 1 (Exhibit A) (part), 2 (part), 1988; Ord. 176 § 9, 1978) 2.52.420 Driver authorization and performance. Ability and willingness to drive safely are 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. In order to reduce the City's liability, the City shall maintain a Motor Vehicle Collision Control Policy and a Drug and Alcohol Testing Policy for Commercial Vehicle Operators. 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 with or without reasonable accommodation; 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: l . New driver authorizations; 2. Renewals of driver authorizations; 3. Whenever deemed necessary by the city's risk manager 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 canceled 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 no longer necessary for job functions. q. CITY COUNCIL ORDINANCE NO.855., . Ate 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 2.52.490 of -this chapter. The city's risk manager 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 Nonserious Accidents. These are instances where an authorized driver has a record of two or more on-the-job, nonserious, 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 two hundred fifty dollars. 2. Serious Preventable Accidents. This is defined as any time an authorized driver has one or more preventable, on-the-job, vehicle accidents resulting in injury or death, or property damage exceeding two hundred fifty dollars. 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 am% 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 risk manager with findings reported , to the appropriate department head for action or disposition which is in accordance with this policy. (Ord. 504 §§ 1 (Exhibit A) (part), 2 (part), 1988) 2.52.430 Conflicts of interest. An employee or former employee or former city official shall not engage in any other employment or activities which in any way creates a conflict of interest or even the appearance of impropriety. A. Outside Employment. An employee must not have any outside employment, profession, occupation or activity for financial gain, without first obtaining approval from his or her department head and the city manager. The, employee is required to assure the city, in writing, that the outside employment, profession, occupation or activity for financial gain does not involve a conflict of interest, or appearance of impropriety and does not interfere with city duty or the recall to city duty on an after-hours basis or in the event of a city emergency. B. Former Employees. It shall be improper for any former employee or former city official to appear as a compensated representative at any time before the city council, or any of its 0M commissions, boards or agencies, by which he or she was formerly employed in connection with any case or other matter with which such person was duly connected in a policy -making capacity while with the city for two years following the termination of said employment with the city. Such officer N-4 or former employee may be released from the obligation imposed by this section upon the submission of a written request to the city council in advance of his or her proposed appearance CITY COUNCIL ORDINANCE NO.855 including a certification that, while an officer or employee of the city, he or she took no action or obtained no information which would prejudice their conduct or presentation, either while an officer or an employee, or at the time of the said presentation. Such a waiver request submitted to the city council will include a recommendation from the city manager. (ord. 678 § 2 (Exhibit A), 1992; Ord. 176 § 11, 1978) 2.52.440 City emergency situation. In the event of a city emergency situation, all employees who are contacted to return to work, unless physically incapacitated, must do so. (Ord. 176 § 12, 1978) 2.52.450 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. (ord. 176 § 13, 1978) 2.52.460 Non -harassment policy. The City shall maintain a policy against sexual harassment in the workplace in its Employee Handbook. 2.52470 Drug and alcohol use policy. The City shall maintain a drug and alcohol use policy for the workplace in its Employee Handbook. 2.52.480 Disciplinary action. In conformity with Sections 2.52.480 through 2.52.570, inclusive, disciplinary action may be taken against any employee, whether the employee is a regular or temporary employee. (ord. 312 § 1 (part), 1982) 2.52.490 Causes for discipline. A. Employees may be admonished, reprimanded, suspended, demoted, discharged or incur a reduction in pay for, including but not limited to, each of the following causes of discipline: (Exempt employees will not be subject to suspension or reduction in pay or any other disciplinary action that would violate the eligibility requirements for exempt employee status, as set forth in the Fair Labor Standards Act and applicable judicial decisions). Absence without leave; CITY COUNCIL ORDINANCE NO.855 ,� 2. Uses of sick leave in a manner not authorized or provided for pursuant to 2.52.280 or other policies of the city; 3. Making -any false statement, omission or -misrepresentation of a material fact, providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment; 4. Unsatisfactory job performance; or property; 5. Inefficiency; 6. Malfeasance; 7. Misconduct; 8. Insubordination; 9. Dishonesty; ^* 10. Theft; 11. Mishandling of public funds; 12. Falsifying of city records; 13. Unauthorized use, misuse or negligence in the use of city tools, equipment 14. Discourteous treatment of the public or other employees; 15. Failure to cooperate with employee's supervisor(s) or fellow employees; 16. Violation of the City's Drug and Alcohol Use Policy, including improper use of controlled substances while on duty or while representing the City on or off City premises or by off -duty use of controlled substances resulting in drunkenness on duty, and/or which hinders performance while on duty. The term "controlled substances" shall be as defined in Division 10 (commencing with Section 11000 or as revised) of the California Health and Safety Code, and shall also mean alcohol; am% 17. Disobedience; 18. Unapproved outside employment activity, or enterprise which is in violation of 2.52.430 or the city manager's policy; CITY COUNCIL ORDINANCE NO.855 19. Violation of these rules and regulations, set out in this chapter, the Employee Handbook, administrative regulations, or any department rules and regulations; 20.. Any conduct which impairs, disrupts or causes discredit to the employee's employment, to the public service, or other employee's employment. 21. Failure to comply with OSHA Safety Standards and city safety policies. 22. Violation of the City's policy against employee Harassment and Anti -violence in the Workplace Policy. B. Malfeasance and misconduct shall be deemed to include, for the purposes of this section, but shall not be limited to the following acts or commissions: 1. Conviction of a felony. "Conviction" shall be construed to be a determination of guilt of the accused by a court, including a plea of guilty or nolo contendre, regardless of sentence, grant of probation, or otherwise. 2. The damaging of public property or the waste of public supplies through negligence or misconduct. (Ord. 608 § 1 (part), 1990: Ord. 2312 § 1 (part), 1982) 2.52.500 Administrative Leave. A. Administrative Leave With Pay. The city manager or his designated representative may immediately suspend an employee with pay by placing him on administrative leave with pay. 1. Immediate suspension with pay is authorized when the employee's continued presence at the work site could have detrimental consequences. 2. Administrative leave with pay is also authorized, pending investigation into charges of misconduct on the part of the employee. 3. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action may be taken in accordance with the procedures set forth in this chapter. 2.52.510 Types of Discipline. 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. Based upon reasonable justification, the immediate supervisor may admonish or reprimand an employee orally or in writing, which constitutes only a warning to the employee that he is not satisfactorily fulfilling he duties and responsibilities of his position. If the admonishment or CITY COUNCIL ORDINANCE NO.855 reprimand is written, a copy will be sent to the city manager, and it shall become part of the employee's permanent record, and the employee may, within thirty days of receipt of the written reprimand, respond in writing to the city manager to the charges made. The city manager shall review the written reprimand and response and may sustain the employee's position. If the employee's position is sustained, the written reprimand and the employee's written response shall be purged from the employee's permanent record. If the employee's position is not sustained, the employee's written response shall become part of the employee's permanent record. B. Suspension, Demotion, Reduction in Pay or Discharge. The city manager, assistant city manager or the employee's department head may suspend, demote, reduce in pay or discharge an employee from his position for cause. An employee subject to such disciplinary action shall be entitled to the prior written notice of the proposed action pursuant to Section 2.52.520(B) subject to the exceptions set forth in Section 2.52.520(B). The employee shall be entitled to respond orally or in writing, to the proposed disciplinary action and shall be entitled to a pre -disciplinary review pursuant to subsection C of Section 2.52.520. No employee shall be penalized by suspension for more than twenty working days in any fiscal year for disciplinary reasons. An employee whose ability to perform his required duties falls below standard, or for disciplinary purposes, may be demoted or be subject to reduction in pay. No employee shall be demoted to a position for which he does not possess the minimum qualifications. (ord. 608 § 1 (part), 1990: Ord. 312 § 1 (part), I T882) 2.52.520 Procedure for suspension, demotion, reduction in pay, or discharge. A. Applicability. The procedure in this section applies to regular employees who may be subject to suspension, demotion, reduction in pay or discharge. These procedures do not apply to temporary employees or to employees during their probationary period after hire, reinstatement or re-employment. Nor do these procedures apply to exempt employees to the extent that any disciplinary action described in these procedures would violate the eligibility requirements for exempt employee status as set forth in the Fair Labor Standards Act and applicable judicial decisions. B. Notice. The authority imposing the discipline shall inform the regular employee in writing of the proposed disciplinary action at least ten working days before the effective date of the disciplinary action, except that the disciplinary action may be immediate if the city manager determines that ten days notice would not be in the best interests of the city and its citizens. The notice shall include a statement of the proposed action, the reasons for the action, a copy of the charges, if any, and a copy of the materials, if any, upon which the proposed action is based. The notice shall state that the employee has the right to respond, either orally or in writing, to the charges made, and shall state that the employee has the right to request a review within five working days of the employee's receipt of notice of the proposed disciplinary action. Unless the employee timely responds and requests a review, the proposed disciplinary action will be imposed on the date specified in the notice without a review. Q CITY COUNCIL ORDINANCE NO.855 C. Pre -Disciplinary Review Request. Any regular employee subject to suspension, demotion, reduction in pay or discharge, has the right, to request an informal review before the authority initially imposing the discipline in order to respond to a proposed suspension, demotion, reduction in pay, or discharge. The review request shall be in writing, subscribed by the employee, and filed with the authority initially imposing discipline and with the city manager, within five working days of the employee's receipt of notice of the proposed disciplinary action. D. Pre -Disciplinary Review. Within five working days after receipt of the employee's request for a pre -disciplinary review, the authority initially imposing discipline shall send notice, in writing, of the date, time and place of the pre -disciplinary review to the employee, and to all interested persons or officers named or affected by the filing of the review request, and shall conduct such review within fourteen working days of the filing of the request. The review will be closed to the public. Continuance of times set for the review are not favored by the city and will be granted only upon showing of good cause. 1. At the review, the employee shall have the opportunity to refute the charges against him. The employee may do so orally or by written memorandum or letter. No witness testimony shall be permitted at this stage of the disciplinary proceedings. 2. The authority initially imposing the discipline shall chair the review. The chair may affirm or modify the proposed action by decreasing the severity of the action proposed, or may reverse the action proposed. If the findings and decisions are to impose discipline, the disciplinary action shall be imposed at the time specified in a written notice to the employee following the review. A copy of the final decision shall be sent to the city manager. The decision shall be final and conclusive in the absence of either an appeal to the manager, or upon the city manager's notice to the employee that the city manager will review the decision. (Ord. 608 § 1 (part), 1990: Ord. 312 § 1 (part), 1982) 2.52.530 Appeal to city manager. If an employee, who has had a pre -disciplinary review and decision not before the city manager, wishes to appeal the decision further, he must file with and request a review before the city manager within fourteen working days of receipt of the pre -disciplinary review decision. Upon receipt of such request, the city manager shall review only the information provided at the informal pre -disciplinary review, including copies of the charges made, copies of any written material presented by the employee, any written findings and decision, and any documents from the employee's personnel file if relevant. If the city manager conducts further investigation, or reviews additional evidence not provided at the pre -disciplinary review, such information, shall be provided to the pre -disciplinary review officer and to the employee, which persons shall be given an opportunity to respond to the additional information before the city manager reaches a decision. CITY COUNCIL ORDINANCE NO.855 om The city manager shall notify the employee in writing of his final determination within fourteen working days of the employee's request for review of the discipline imposed. The city manager may affirm, increase, decrease or reverse the discipline imposed. The city manager's decision shall be final and conclusive in the absence of a timely petition to arbitrate initiated by a qualified employee in the time and manner as provided in Section 2.52.540. (Ord. 608 § 1 (part), 1990: Ord. 312 § 1 (part), 1982) 2.52.540 Appeal by arbitration. A. Petition for Arbitration by Qualified Employee. Any regular employee subject to discipline who has received a pre -disciplinary hearing, a city manager review, if appropriate, and who has had the following discipline imposed: (1) suspension of more than five days without pay; (2) demotion; or (3) reduction of pay of five days or more; or (4) discharge; who wishes to appeal a disciplinary decision further, must submit the disciplinary action for review by an arbitrator. The arbitrator's decision shall constitute the final and binding decision of the city. Such submission may occur by filing a petition for arbitration within twenty calendar days after the employee's receipt of the city manager's notification of decision. Failure to petition for arbitration within twenty calendar days will conclusively be deemed a waiver of the right to arbitrate. The arbitrator's decision will be final and binding on both parties. B. Statement of issue. Within five workings days after the city receives the petition for arbitration, the parties or their representatives shall meet to prepare a joint written demand for arbitration which shall contain the issues or nature of dispute to be arbitrated. In the event the parties are unable to agree upon the issue, or issues to be arbitrated, or the nature of the dispute, each party will prepare its own statement of the issue, or issues, or a statement of the nature of dispute and shall submit their statements to the selected arbitrator. The selected arbitrator shall, at the beginning of the hearing referred to below, state his/her opinion as to what are the issue, issues, or nature of dispute. C. Selecting the Arbitrator. Within five working days after the city receives the petition for arbitration the parties shall contact the American Arbitration Association, or the State Mediation and Conciliation Service to request arbitration. The parties shall also request copies of the current rules of the American Arbitration Association and/or the State Mediation Rules. The arbitrator shall be appointed pursuant to the State Mediation or AAA rules. Said rules shall be on file with the city clerk. D. Arbitration Rules and Procedures. The rules and procedures of the arbitration shall be those current Rules of the State Mediation and Conciliation Service or the American Arbitration Association on file with the city clerk. E. Costs. The fees of the arbitrator and the, American Arbitration Association administrative fee will be borne by the employee and the city as follows: CITY COUNCIL ORDINANCE NO.855 The employee shall be responsible for a portion of the total cost of arbitration unless the discipline imposed is reversed by the arbitrator or the discipline imposed is withdrawn by the city prior to the arbitrator's final decision. The employee's share of the total cost of arbitration shall be one-half, the City to pay the remaining half. The arbitrator may require a fee deposit to arbitration, which the city shall pay. Each party shall bear its own witness, court reporter and attorney fees. If other employees are required to serve as witnesses in the arbitration hearing, those employees will be allowed time off with pay. (Ord. 608 § 1 (part), 1990: Ord. 312 § I (part), 1982) 2.52.550 Civil action. Pursuant to Code of Civil Procedure Section 1094.6, no action shall be brought, in Superior Court to challenge any city action with respect to discipline of employees more than ninety days after the employee has obtained a final, nonappealable disciplinary decision. (Ord. 608 § 1 (part), 1990: Ord. 312 § I (part), 1982) 2.52.560 Grievances and appeal procedures not involving suspension, demotion, reduction in pay, or discharge. A. It is the desire of the city to adjust grievances informally and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there will be grievances which will be resolved only after a formal appeal and review. Accordingly the following procedure is established: Any employee of the city within the personnel system shall have the right to grieve under this provision any disciplinary action not involving suspension, demotion, pay reduction or - discharge, or any dispute concerning the interpretation or application of the city's written personnel rules and regulations, except in instances where the right of appeal is specifically prohibited by these rules. STEPS Step 1. Informal Discussion: An employee who has a problem or complaint shall first discuss the matter with the employee's immediate supervisor within seven (7) working days. If the grievance involves an employee's immediate supervisor, the grievance should be presented to the next level of supervisors. The supervisor shall make inquiries into the facts and circumst,911ces of the complaint and attempt to resolve the matter within seven (!) working days. Step 2. Written Grievance: If the employee does not believe the problem has been satisfactorily resolved, the employee shall have the right to file a formal grievance to the department head. The grievance shall be in writing CITY COUNCIL ORDINANCE NO.855 and filed within fourteen (14) working days from the date the employee first brought the problem to the attention of the supervisor. The department head shall make a separate investigation and inform the employee in writing of the department head's decision and the reason therefore within seven (7) working days after receiving the employee's grievance. Step 3. Review/Appeal Procedure: If the employee is dissatisfied with the department head's decision, within seven (7) working days following receipt of the decision of the department head, the employee may request in writing a review by the City Manager. The City Manager shall make an investigation and conduct such hearings as the City Manager deems necessary and shall within fourteen (14) working days after receipt of the employee's request for a review, inform the employee in writing of the City Manager's findings and decision. The decision of the City Manager shall be final. B. Employees shall be assured freedom from reprisal for using the grievance procedures. (Ord. 312 § 1 (part), 1982) 2.52.570 Employee responsibilities. Since it is the policy of the city 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 city management. (Ord. 312 § (part), 1982) PASSED, APPROVED, and ADOPTED by the City Council of Palm Desert, California on this 1 lth Day of December, 1997, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE BENSON, MAYOR SHEILA R. 6AN, CIT LERK CITY OF PALM DESERT