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Home My WebLink About84-143 - Amended and Restated Personnel Rules and RegulationsW55 RESOLUTION NO. 84-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE AMENDED AND RESTATED PERSONNEL RULES AND REGULATIONS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE, DETER- MINE AND ORDER AS FOLLOWS: SECTION I. The City Council of the City of Costa Mesa does hereby adopt the amended and restated Personnel Rules and Regulations for the City employees of the City of Costa Mesa, encompassing Rules One through 26, effective December 17, 1984. PASSED AND ADOPTED this 17th day of December, 1984. Makr of the- C16y .C--70' .'2'' XV-0w Ga C ty Clerk of the City of Costa sa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 84-143 was duly and regularly passed and adopted by said City Council at a regular nee ting thereof, held on the 17th day of December, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 18th day of December, 1984. , �" A - ) (:;� 4' -*0 --d A # j Ci y Clerk and ex -officio Clerk of City Council of the City of Costa sa `x.56 CITY OF COSTA MESA PERSONNEL RULES AND REGULATIONS Restaged 12/84 TABLE OF CONTENTS Page RULE 1 PURPOSE ...................................................... 1 RULE2 INTENT ....................................................... 1 RULE 3 GENERAL PROVISIONS ........................................... 1 RULE4 DEFINITION OF TERMS .......................................... 2 RULE5 CLASSIFICATIONS .............................................. 6 RULE 6 COMPENSATION ................................................. 7 RULE 7 APPLICATIONS AND APPLICANTS .................................. 8 RULE 8 EXAMINATIONS ................................................. 8 RULE 9 EMPLOYMENT LISTS ............................................. 9 RULE 10 METHOD OF FILLING VACANCIES .................................. 10 RULE 11 PROBATIONARY PERIOD...................0....0................. 11 RULE 12 ATTENDANCE AND LEAVES ........................................ 11 VACATION................................................... 12 SICK LEAVE ................................................. 13 LEAVES OF ABSENCE WITHOUT PAY .............................. 15 BEREAVEMENT LEAVE .......................................... 15 HOLIDAYS................................9.................. 16 INDUSTRIAL ACCIDENT LEAVE .................................. 17 RULE 13 ADDITIONAL PAY AND PAY ADJUSTMENT ............................ 19 RULE 14 TRANSFER, PRCMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT!' .. 22 RULE15 23 OUTSIDE EMPLOYMENT ........................................... 24 RULE 16 PHYSICAL EXAMINATIONS ........................................ 24 RULE 17 TRAINING OF EMPLOYEES ........................................ 25 RULE 18 SERVICE AWARDS ............................................... 25 RULE 19 REPORTS AND RECORDS .......................................... 25 RULE 20 NEPOTISM ..................................................... 26 RULE 21 EMPLOYEE REPRESENTATION ...................................... 26 RULE 22 PAYROLL DEDUCTIONS ........................................... 29 RULE 23 MANAGEMENT PERSONNEL ......................................... 30 RULE 24 DEPARTMENTAL RULES AND REGULATIONS ........................... 30 RULE 25 GRIEVANCE PROCEDURE .......................................... 30 RULE26 COOPERATION .................................................. 32 CITY OF COSTA MESA PERSONNEL RULES AND REGULATIONS RULE 1 - PURPOSE The objectives of these Rules are to facilitate efficient and eco- namical services to the public and to provide a fair and equitable system of personnel management in the municipal government. These Rules set forth those procedures which insure similar treatment for those who canpete for employment and promotion and the obligations, rights, privileges, benefits and prohibitions which are placed upon all employees in the classified service of the City. At the sane time, within the limits of administrative feasibility, recognition shall be given to the fact that individuals' facts and circum- stances differ, that no two individuals react alike to reward and discipline, or to uniform motivation and encouragement. For this reason, latitude shall be given to the Personnel Officer in the execution of his/her duties and responsibilities relating to employee morale and discipline and the manner of application of these rules. RULE 2 - INTENT It is the intent of these Rules to recognize the following principles: The City Council and all of the citizens of Costa Mesa have the right to expect that the City will employ the best qualified persons available; that the tenure of every City employee will be based upon a demonstrative need for the work performed, availability of funds, faithful and effective perform- ance, proper personal conduct, and continuing fitness and qualification for the position; and that employees will be encouraged, trained and developed to assure optimum performance. Each employee of the City of Costa Mesa has the right to expect that he/she will be fully informed of his/her duties and responsibilities; that he/ she will be provided with adequate administrative and supervisorial direction; that he/she will be informed of how well he/she is performing his/her duties and his/her level of performance; that promotions will be made on the basis of qualifications, merit and ability; that progressively improved work per- formance over an extended period will be recognized and rewarded and that incanpetence will not be tolerated; and that he/she will not be subject to suspension, demotion, salary reduction, or discharge without reason or cause. RULE 3 - GENERAL PROVISIONS SECTION 1. FAIR EMPLOYMENT Questions in any examination, application form, personnel proceed- ing, or by any appointing authority shall be so framed as to provide for fair and equitable treatment to all. No appointment to or removal frau a position in the classified service shall be affected or influenced in any manner by race, color, creed, national origin, sex, marital status, age, physical handi- cap or by any political or religious opinion or affiliation, unless a bona fide occupational qualification or requirement exists. Affirmative action shall be undertaken to insure these equal employment opportunities. Appli- cants for employment wishing to file a canplaint alleging they were discrimi- nated against for any of the reasons above, must file a specific written canplaint with the Personnel Officer within 30 days of such alleged specific disriminatory act. SECTION 2. AMENDMENT AND REVISION OF RULES Reccw mandation for amendment and revision of these Rules shall be made by the City Manager to the City Council. Prior to consideration, any amendment or revision shall be publicly posted and any recognized employee Attachment Page 1 of 32 Resolution No. 84-143 organization shall be given reasonable written notice of any amendment or revision of Rules, together with notice of the time, place, and date of hearing by the City Council. At the time of consideration, any interested person or recognized employee organization may appear and be heard. Amend- ments and revisions shall become effective upon adoption by the City Council following such hearing. SECTION 3. VIOLATION OF RULES Violation of the provisions of these Rules shall be grounds for rejection or disciplinary action. RULE 4 - DEFINITION OF TERMS The following germs, whenever used in these Rules, shall be defined as follows: Ai.i fX'ATMN The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibility exercised, or the assignment of a class to a salary range or salary rate. APPOINTING AUTHORITY The officer or officers of the City who have the authority to make the appointment to the position to be filled. APPOINTMENT The employment of a person in a position. A. ACTING APPOINTMENT The appointment for a limited period of a person to a position in a class for which there is no employment list; to a position in a higher class occupied by a regular appointee on suspension; or to a position in a higher class occupied by a probationary or regular appointee who is on an authorized leave of absence. B. ORIGINAL APPOINTMENT A person's first appointment as a City employee. C. PROBATIONARY APPOINTMENT The probationary employment of a person in a permanent position. A probationary appointment is for a specified period during which job performance is evaluated as the basis for a subsequent regular appointment. D. REGULAR APPOINTMENT The regular employment of a person in a permanent position, following the successful completion of a probation period. CLASS A group of positions sufficiently similar in duties, responsibil- ities, authority and minimum qualifications for employment to permit combining them under a single title and equitable application of cannon standards of selection and campensation. Attachment Page 2 of 32 Resolution No. 84-143 A: 9 CLASSIFICATION PLAN The designation of a title for each class together with the speci- fications for each class as prepared and maintained by the Personnel Officer. CLASSIFIED SERVICE The positions and employments which are included or which may hereafter be included under the personnel system by ordinance. CLASS SPECIFICATIONS A written description of a class setting forth factors and condi- tions which are essential characteristics of positions in that class. CONTINUOUS SERVICE The employment without break or interruption of an employee having a probationary or regular appointment. DEMOTION The voluntary or involuntary reduction of a regular employee fran a position in one class to a position in another class having a lower maxi- mum salary rate. DISCHARGE The involuntary separation of an employee frau the City service for disciplinary reasons. ELIGIBLE A person whose name is on an employment list. EMPLOYEE A person legally occupying a position. A. PROBATIONARY EMPLOYEE An employee who has a probationary appointment to a permanent position. B. REGULAR EMPLOYEE An employee who has successfully canpleted his/her probation period in a permanent position. C. TEMPORARY EMPLOYEE An employee in a position of limited duration. EMPLOYEE ORGANIZATION Any organization which includes employees of a public agency or which has as one of its primary purposes representing of such employees in relation with the public agency. EMPLOYMENT LISTS) A list(s) of names of persons who have taken an examination for a class in the classified service and passed and are ranked on the list(s) in alphabetical order. Attachment Page 3 of 32 Resolution No. 84-143 `eAC EXAMINATION A. OPEN -COMPETITIVE EXAMINATION An examination for a particular class which is open to all persons meeting the qualifications for that class. B. PROMOTIONAL EXAMINATION An examination for a particular class, admission to the exami- nation being limited to regular and probationary employees in the classified service who meet the minimum qualifications for that class. C. CONTINUOUS EXAMINATION An open -competitive examination which is administered period- ically and as a result of which names are placed on an employment list. EXEMPT SERVICE The positions and employments which are not included under the personnel system by ordinance. JOR SFRTFS A progression of related classifications. LAYOFF The termination of a position or positions in the classified service due to reorganization, reassignment, or the lack of work or funds. LEAVE Authorized or unauthorized absence from employee's work station. MERIT SERVICE ADVANCEMENT The increase of an employee's salary within the salary range estab- lished for the class or position he/she occupies based on job performance. Merit service advancement is not an automatic advancement. OVERTIME The working by a probationary or regular employee in a full-time position of more hours than are required for a work week for the position. PERSONNEL ACTION FORM The multi-purpose form used for processing changes in an employee's salary rate, employment status or other matters contemplated in these Rules. PERSONNEL ORDINANCE Ordinance No. 68-40 which creates a personnel system for the City. �0. k] A combination of current duties and responsibilities assigned to a single employee and performed on either a full-time or part-time basis. A. PART-TIME POSITION A position having an average work week of fewer hours than the average work week established for full-time positions in the class. A part-time position may be either temporary or permanent. Attachment Page 4of32 resolution No. 84-143 A full-time or part-time position that is individually author- ized in the budget and which is expected to exist indefinitely. PROBATIONARY PERIOD A working gest period that is part of the selection process and during which an employee is required to demonstrate his/her fitness for the duties of the position to which he/she has been assigned by actual performance of such duties. PROBATIONARY STATUS The status of a person who has a probationary appointuent. WV10,041M "C' The advancement of an employee frau a position in one class to a position in another class in a job series having a higher maximum salary rate. PROMOTIONAL LIST An employment list resulting frau a promotional examination. PUBLIC AGENCY Public agency is the City of Costa Mesa and any other public district under the jurisdiction of the City of Costa Mesa. RECLASSIFICATION The reassignment of a position from one class to a different class in accordance with re-evaluation of the minimum qualifications, duties, and responsibilities of the position. REASSIGNMENT The change of an employee frcn one class to another class. RECOGNIZED EMPLOYEE ORGANIZATION An employee organization which has been formally acknowledged by the public agency as an employee organization which represents employees of the public agency. REIXJCTION A salary decrease within the limits of the pay range established for a class. RE-EMPIAYMENT The re-employment without examination of a fonver permanent employee. REGULAR SALARY The rate of canpensation established on the salary resolution exclusive of overtime and other forms of extra compensation. REGULAR STATUS The status of an employee who has acquired a regular appointment. REINSTATEMENT An employee reinstated to his/her former position. Attachment Page 5 of 32 Resolution No. 84-143 REPRIMAND An oral or written reprimand made as a disciplinary action. RF'.RTrNATTrW The voluntary separation of an employee frau the City service. SALARY RANGE The range of salary rates for a class. CAT2LRV RATE: The dollar amount of each step in a salary range or the flat dollar amount of a salary for a class not having a salary range. CATARV CTRP The minimum through maximum salary increments of a salary range. qii..qPRWgTl1N The temporary separation of an employee from the City service for disciplinary purposes. SWORN PERSONNEL Employees of the Police and Fire Departments who are actively engaged in the enforcement of the laws of the State of California and the ordinances of the City of Costa Mesa, in protection of lives and property and in prevention and suppression of fires. TF RMTNATTrW The separation of an employee from the City service because of retirement, resignation, death, discharge, job abandonment, or incapacity to perfonu the work. TRANSFER A charge of an employee from one department of the City to another. VACANCY An authorized position that is not occupied by an employee having either a probationary or regular appointment to the position. WDRK SCHEDULE The assignment of a position to a work shift or a series of work shifts during a biweekly pay period. GT1Ru CUTF'P The number of regular working hours assigned for a particular posi- tion or class. RULE 5 - CLASSIFICATION SECTION 1. CLASSIFICATION OF POSITIONS All positions in the City service shall be grouped into classes. Each class shall include those positions sufficiently similar in duties and responsibilities to require similar standards of education, experience, ability and personal traits. Attachment Page 6 of 32 Resolution No. 84-143 SECTION 2. PREPARATION AND CONTENT OF CLASS SPECIFICATIONS The City Manager shall be responsible for preparing and maintaining class specifications for all positions. The specifications shall include, but not be limited to, a list of typical duties and a statement of the mini- mum qualifications required for appointment. It shall be understood that all positions require the ability to read, write and speak the English language, to follow written and oral instructions, maintain satisfactory relations with co-workers and the public; and maintain a record of orderly law-abiding citizenship, reliability, sobriety, integrity and loyalty. SECTION 3. INTERPRETATION OF CLASS SPECIFICATIONS All class specifications shall describe typical duties which employees occupying positions in the class may properly be required to perform. Class specifications are explanatory but not restrictive. The listing of particular tasks shall not preclude the assignment of other tasks of related kind or character, or requiring lesser skills. SECTION 4. ADOPTION OF PIAN Before the classification plan or any part thereof shall became effective, it shall first be approved in whole or in part by the City Council. Upon adoption by the City Council, by resolution, the provisions of the classification plan shall be observed in handling of all personnel actions and activities. The classification plan shall be amended or revised as occasion requires in the same manner as originally established. SECTION 5. AVOCATION OF POSITIONS Following the adoption of the Officer shall allocate every position in the classes established by the plan. SECTION 6. NEW POSITIONS classification plan, the Personnel the classified service to one of 'Koen a new position is created, before the same may be filled, the appointing authority shall notify the Personnel Officer and, except as other- wise provided by Ordinance or these Rules, no person shall be appointed or employed to fill any such position until the classification plan shall have been amended to provide therefor an appropriate employment list established for such position. SECTION 7. RECLASSIFICATION Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Personnel Officer to a more appropriate class, whether new or already created, in the same manner as originally classified and allocated. Reclassification shall not be used for the purpose of avoiding restrictions surrounding demotions and prcmotions. RULE 6 - COMPENSATION SECTION 1. PREPARATION OF PLAN The City Manager shall direct the preparation of a proposed pay plan covering all classes of positions in the classified and exempt service showing the minimun and maximum rates of pay. In arriving at such salary ranges, consideration may be given to prevailing rates of pay for comparable work in other public and in private employment, to current costs of living, to sugges- tions of department heads, to the City's financial condition and policies and other relevant factors. The City Manager shall direct such further studies of the pay plan as may be requested by the City Council. Attachment Page 7 of 32 Resolution No. 84-143 SECTION 2. ADOPTION OF PLAN The City Manager shall submit the proposed pay plan to the City Council. The City Council shall adopt, or amend and adopt the proposed plan. Thereafter, no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position, unless the salary schedule for the class is amended in the same manner as herein provided for its adoption. RULE 7 - APPLICATIONS AND APPLICANTS SECTION 1. ANNOUNCEMENT All examinations for classes in the classified service shall be publicized by posting announcements in the City Hall, on bulletin boards, and by such other methods as the Personnel Officer deems advisable. The announcements shall specify the title and pay of the class for which the examination is announced, the nature of the work to be performed, prepara- tion desirable for the performance of the work of the class, the dates, time, place and manner of making applications, and other pertinent information. SECTION 2. APPLICATION FORMS Application forms, provided by the Personnel Officer, shall require information covering training, experience and other pertinent information and may include any other certificates deemed necessary by the Personnel Officer. All applications must be signed by the person applying. SECTION 3. DISQUALIFICATION The Personnel Officer may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications may be rejected if the applicant is physically or mentally unfit for the performance of duties of the position to which he/she seeks employment, has made any false statement of any material fact or practiced any deception or fraud in his/her application, or has been convicted of a criminal offense, or involved in criminal conduct, which conduct as evidenced by an arrest or conviction or surrounding circumstances, may reasonably be expected to interfere with or prevent effective performance in the position applied for or interfere or prevent effective performance by the City of its duties and responsibilities. Applicants who have been arrested for, or convicted of crimes involving basic questions of honesty, integrity, and character may be subject to disqualification if, after an investigation of all relevant factors, it appears that the arrest or conviction involved moral turpitude as a matter of law, or whether the facts surrounding the arrest or conviction may have involved moral turpitude or other misconduct warranting disqualification. Determination of past criminal conduct which may disqualify an applicant shall consider the convictions as reported by the applicant on the application form, the applicant's record with local, state, or other criminal justice agencies, as authorized by Penal Code Section 11105 and other applicable laws. hhenever an application is rejected, notice of such action shall be mailed to the applicant by the Personnel officer. RULE 8 - EXAMINATIONS SECTION 1. NATURE AND TYPES OF EXAMINATIONS The selection technique used in the examination process shall be impartial, of a relevant nature and shall relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacity Attachment Page 8 of 32 Resolution No. 84-143 of persons examined .to _execute theduties and responsibilities of the class to which they seek to be appointed. Examinations may include, but are not necessarily limited to, written tests, interviews, performance tests, evalua- tion of daily work performance, work samples, medical tests and/or any combi- nation thereof. SECTION 2. PROMOTIONAL EXAMINATIONS Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer, the needs of the service require. Promotional examinations may include any of the selection processes mentioned in Section 1 of this Rule. Only employees who meet the minimum requirements set forth in promotional examination announcements may compete in promotional examinations. SECTION 3. CONTINUOUS EXAMINATIONS Open -competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists and shall remain on such lists as prescribed in Rule 9. SECTION 4. CONDUCT OF EXAMINATION The Personnel Officer shall determine the manner and methods and by wham examinations shall be prepared and administered. The Personnel Officer shall arrange for the use of facilities to conduct examinations. SECTION 5. SCORING EXAMINATIONS AND QUALIFYING SCORES A candidate's score in the examination process shall be contingent on his/her scores on each part of the examination, weighted as shown in the examination announcement. Failure on one part of the examination may be grounds for declaring such applicants as failing in the entire examination or as disqualified for subsequent parts of an examination. The Personnel Officer may, at his/her discretion, include as part of the examination tests which are qualifying only. SECTION 6. NOTIFICATION OF EXAMINATION RESULTS Each candidate in an examination shall be given notice of the results thereof and, if successful, of his/her final earned score. RULE 9 - EMPLOYMENT LISTS SECTION 1. EMPLOYMENT LISTS As soon as possible after the campletion of an examination, the Personnel Officer shall prepare an employment list consisting of the names of candidates who qualified in the examination, arranged in alphabetical order. SECTION 2. DURATION OF EMPLOYMENT LISTS Employment and re-employment lists and names thereon shall remain in effect for one (1) year, unless sooner exhausted, and may be extended by action of the Personnel Officer for additional periods, but in no event shall an employment list remain in effect for more than two (2) years. SECTION 3. RE-EMPLOYMENT LISTS The names of probationary and permanent employees who have been laid off shall be placed on appropriate re-employment lists in the order of their canpetency based upon an evaluation of qualifications and performance from highest to lowest. Such names shall remain thereon for a period of one (1) year unless such persons are sooner re-employed. 41zen a probationary or permanent employee resigns frau the City employment while in good standing, such employee may request his/her name Attachment Page 9 of 32 Resolution No. 84-143 be placed on the appropriate re-employment list. Such consideration for re-employment shall be available to said employee for a period of one (1) year following resignation in good standing. SECTION 4. REMOVAL OF NAMES FROM LIST The names of any person appearing on a re-employment, employment or promotional list shall be removed if the eligible requests in writing that his/her name be removed; if he/she fails to respond to a notice mailed to his/her last known address; or if he/she has refused two offers of employment. The person affected shall be notified of the removal of his/her name. The names of persons on promotional lists who terminate from the City shall be dropped from such lists. RULE 10 - METHOD OF FILLING VACANCIES SECTION 1. TYPES OF APPOINTMENTS All vacancies in the classified service shall be filled by re-employment, reinstatement, transfer, demotion or from eligibles certified by the Personnel Officer from an appropriate employment or promotional list, if available. In the absence of persons eligible for appointment in these ways, acting appointments may be made in accordance with the Personnel Ordinance and these Rules. SECTION 2. NOTICE TO PERSONNEL OFFICER Whenever a vacancy in the classified service is to be filled, the Personnel Officer shall be notified. The Personnel Officer shall advise as to the availability of all eligible persons. Wenever there are fewer than five (5) manes of individuals willing to accept appointment on a promotional list or an open -competitive list, the appointing authority may make an appointment from among such eligibles or may request the Personnel Officer to establish a new list. SECTION 3. CERTIFICATION OF ELIGIBLE PERSONS The appointment authority shall indicate whether it is desirable to fill the vacancy by re-employment, reinstatement, transfer, demotion, promotion or frau an employment list. SECTION 4. APPOINTMENT After interview and investigation, the appointing authority shall make appointments from among eligible persons and shall immediately notify the Personnel Officer of the person or persons selected. The Personnel Officer shall thereupon notify the person selected and, if the applicant accepts the appointment and presents him/herself for duty within such period of time as the appointing authority shall prescribe, he/she shall be deemed to be appointed, otherwise he/she shall be deemed to decline the appointment. SECTION 5. ACTING APPOINTMENTS In the absence of appropriate lists, an acting appointment may be made by the appointing authority. An employment list shall be established within six (6) months for any permanent position filled by an acting appoint- ment. The City Manager may extend the period of any acting appointment for successive thirty (30) day periods with notification to the City Council of such extensions. No special credit shall be allowed in meeting any qualification or in giving any test or the establishment of any open-canpetitive promotional list for service rendered under acting appointment. Attachment Page 10 of 32 Resolution No. 84-143 Z97 SECTION 6. EMERGENCY APPOINTMENTS To meet the immediate requirements of any emergency condition, such as extraordinary fire, flood, earthquake, riot or public disorder which threatens public life or property, any legally authorized person may employ such persons as may be needed for the duration of the emergency without regard to the Personnel Ordinance or Rules affecting appointments. As soon as possible, such appointments shall be reported to the Personnel Officer. RULE 11 - PROBATIONARY PERIOD SECTION 1. OBJECTIVE OF PROBATIONARY PERIOD The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of the new employee to his/her position and for rejecting a probationary employee whose performance does not meet the required standards of work. SECTION 2. REGULAR APPOINTMENT FOLLOWING PROBATIONARY PERIOD All original and promotional appointments shall be tentative and subject to a probationary period of one (1) year of continuous service for original appointments and six (6) months of continuous service for prcmotional appointments except for sworn Police and Fire employees, which shall be one (1) year in all cases. During the initial probationary period, the employee may be rejected at any time without the right of appeal or hearing. The Personnel Office shall notify the appointing authority prior to the ending of any probationary period. Prior to the end of the probationary period, appointing authority shall file with the Personnel Officer a statement in writing indicating that the retention or rejection of such employee is desired. SECTION 3. REJECTION FOLLOWING PROMOTION Any employee rejected during the probationary period following a promotional appointment or at the conclusion of the probationary period shall be reinstated to the position from which he/she was pranoted, unless charges are filed and he/she is discharged in the manner provided for in these Rules. RULE 12 - ATTENDANCE AND LEAVES SECTION 1. LEAVES OF ABSENCE For the purpose of canputing entitlement to leaves of absence, an employee's continuous service shall be based on the effective date of initial probationary employment in the City service. Such date shall be the employee's anniversary date for vacation and sick leave purposes subject to the provisions contained herein. SECTION 2. VACATIONS A. The purpose of annual vacation leave is to enable each eligible employee annually to return to his/her work mentally refreshed. B. Regular full-time employees in the classified service with an average work -week of forty (40) hours shall receive annual vacations with pay in accordance with the following provisions: 1. After continuous full-time service amounting to one (1) year or more, such employee shall have accrued paid vacation at the rate of ninety-two (92) working hours per year. Attachment Page 11 of 32 resolution No. 84-143 2. Upon canpletion of three (3) years of continuous full- time service but less than five (5) years of continuous full-time service, such employee shall accrue one hundred sixteen (116) working hours per year. 3. Upon canpletion of five (5) years of continuous full-time service but less than ten (10) years of continuous full-time service, such employee shall accrue one hundred forty (140) working hours per year. 4. Upon canple tion of ten (10) years of continuous full-time service but less than fifteen (15) years of continuous full- time service, such employee shall accrue one hundred sixty-four (164) working hours per year. 5. Upon canple tion of fifteen (15) years or more of continuous full-time service, such employee shall accrue one hundred eighty-eight (188) working hours per year. C. Regular full-time employees in the classified service with an average work -week of fifty-six (56) hours shall receive an annual vacation with pay in accordance with the following provisions: 1. Fbr one (1) year or more of continuous full-time service, such employee shall have accrued one hundred twenty-eight point eight (128.8) working hours per year. 2. Upon canple tion of three (3) years but less than five (5 ) years of continuous full-time service, such employee shall accrue one hundred sixty-two point four (162.4) working hours per year. 3. Upon canpletion of five (5) years but less than ten (10) years of continuous full-time service, such employee shall accrue one hundred ninety-six (196) working hours per year. 4. Upon canpletion of ten (10) years but less than fifteen (15) years of continuous full-time service, such employee shall accrue two hundred twenty-nine point six (229.6) working hours per year. 5. Upon canpletion of fifteen (15) years or more of continuous full-time service, such employee shall accrue two hundred sixty-three point two (263.2) working hours per year. The hours set forth herein are intended to provide equal propor- tion of vacation for hours worked for all City employees. D. ACCUMULATION OF VACATION LEAVE Accumulation of vacation leave in excess of that earned in a calendar year is allowable upon approval of the department head as authorized by the City Manager. E. VACATION LEAVE 1. Vacation leave taken shall not be in excess of that actually earned at the time it is taken. 2. Annual vacation leave shall normally be taken at one time. However, the department head, upon approval of the City Manager, may permit a modification of this requirement. 3. The time during the calendar year at which an employee shall take his/her vacation shall be determined by the department head with particular regard for the need of the service and due regard for the wishes of the employee. Attachment Page 12 of 32 Resolution No. 84-143 �?6D 4. In the event one or more municipal holidays fall within a vacation leave, vacation may be extended accordingly for those employees eligible for such holidays. 5. Any leave of absence without pay shall not accrue vacation leave for each full pay period of such absence. 6. Pay in lieu of vacation will not be granted, except on termination. However, the City Manager may authorize pay in lieu of vacation under extenuating circumstances. F. TERMINAL VACATION PAY After one year of continuous full-time service, upon hermina- tion, a permanent employee will receive compensation at his/her current rate for all unused earned vacation up to and including the date of termination. SECTION 3. SICK LEAVE A. ELIGIBILITY F]mployees having a regular or probationary appointment shall accrue sick leave credit at the rate of twenty percent (20%) of the standard average work -week for each full month of continuous service if the employee has worked or has been on authorized leave of absence with pay. Any leave of absence without pay shall not accrue sick leave for each full pay period of such absence. B. ACCUMULATION OF SICK LEAVE Sick leave may be accumulated to a maximum of ninety (90) times the monthly accumulation. If sick leave credit accumulation is at the maximum, the biweekly amount of sick leave accumulation credit the employee earns during that pay period, had there been no maxi- mum limit, will be calculated and the employee will be granted pay or additional vacation accumulation in an amount equal to one-half (1/2) of this differential credit. If such employee desires time off in lieu of pay, the department head, when granting this time off, will take into consideration the need for the service. C. LIMITATION OF USE 1. Eligibility for Use of Sick Leave a. Sick leave granted shall not be in excess of that actually earned at the time it is taken. Employees shall be eligible to be granted sick leave in the amount earned frau date of hire. b. Sick leave shall be used in case of a bona fide illness of the employee upon approval. Sick leave may also be used for serious illness or emergency of a member of the employee's immediate household, who is incapacitated and/or requires the service of a physician, and when the presence of the employee is required. At the conclusion of the emergency, said employee shall return to work as soon as possible. The employee taking such sick leave shall notify their immediate supervisor prior to or within one-half (1/2) hour after the time set for the beginning of his/her daily duties, or as otherwise specified by the department. When absence is for more than three (3) work shifts or, as in the case of employees on a twenty-four (24) hour shift basis, one and one-half (1-1/2) work shifts, the employee may be required to present a physician's certificate to the department head stating the cause of the absence. A Attachment Page 13 of 32 resolution No. 84-143 physician's certificate indicating fitness to return to duty may be required by the department head. The depart- ment epartment head shall forward the certificate to the Personnel Officer for filing. c. The City Manager, upon written request, may grant accrued sick leave for employee's family outside the imme- diate household. d. Accrued vacation leave and/or compensatory time off normally will be used for sickness when all of an employee's accumulated sick leave has been taken. 2. Sick Leave During Vacation a. An employee who becames hospitalized or seriously ill or injured while on vacation may have such period charged to his/her accumulated sick leave instead of to vacation provided: 1) Immediately upon return to duty, the employee sub- mits to his/her department head a written request for sick leave and a written statement signed by his/her physician describing the nature and dates of his/her serious illness or injury. 2) The department head recaYnmends and the City Manager approves the granting of such sick leave. 3. Other Limitations a. No employee shall be entitled to accrue or to take sick leave with pay while absent from duty for any of the follow- ing reasons: 1) Disability or illness arising from campensated employment other than with the City of Costa Mesa. 2) Leave of absence without pay. 3) Absence because of intoxication or for the purpose of recovering fran intoxication or intentional self- inflicted injury or illness. D. PENALTY FOR SICK LEAVE ABUSE 1. When, in the judgment of the department head, the employee's reasons for being absent are inadequate, he/she shall change the payroll time report to indicate that the absence was leave without pay. In addition, the employee is subject to disciplin- ary action. E. NO TERMINAL SICK LEAVE PAY 1. No payment shall be granted to an employee for accrued sick leave at the time of termination. An employee who subsequently re-enters the City service is not entitled to any previously accrued sick leave. F. EXTENDED SICK LEAVE 1. On written request of the employee and recammendation by the department head, the City Manager may authorize a leave of absence without pay for the purpose of recovering frau an illness, provided: Attachment Page 14 of 32 Resolution No. 84-143 a. The employee has used up all of his/her accumulated sick leave, canpensatory and vacation time. b. The employee presents to his/her department head an estimate of the time needed to recover signed by a physi- cian approved by the City. c. Prior to assuming his/her duties, the employee may be required to take a medical examination at his/her expense. The employment record and the result of such examination shall be considered in determining the employee's fitness to return to work. SECTION 4. LEAVES OF ABSENCE WITHOUT PAY A. Ninety (90) Calendar Days or Less Upon the written recammendation of the department head, the City Manager may authorize special leaves of absence without pay for a period or periods not to exceed ninety (90) calendar days for purposes deemed by the City Manager to be beneficial to the City. B. In Excess of Ninety (90) Calendar Days The City Council may, upon the recommendation of the City Manager, grant leaves of absence with or without pay in excess of ninety (90) calendar days for purposes deemed by the City Manager to be beneficial to the City. SECTION 5. MILITARY LEAVES An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and W terans Code. An employee requesting such military leave shall present a copy of his/her military orders to his/her department head prior to the beginning of the leave. I Employees are entitled to a temporary military leave of absence not to exceed 180 calendar days per year. Employees having more than one year continuous service and granted a military leave of absence are entitled to receive the equivalent salary up to the first 30 calendar days of any one military leave, or during any one (1) calendar year. Waekend drills are excluded frau the meaning of ordered military leave. SECTION 6. REPORTING ABSENCES An employee who is absent frau duty shall report the reason for such absence to his/her department head or immediate supervisor prior to the time of expected absence whenever possible, and in no case later than one-half (1/2) hour after the beginning of his/her normal work shift. Absences not reported in such a manner may be subject to disciplinary action. SECTION 7. BEREAVEMENT LEAVE Whenever an employee who is eligible to receive sick leave is com- pelled to be absent fran duty by reason of a death or critical illness where death appears imminent of father, mother, brother, sister, wife, husband, or child of employee or spouse, such employee shall, upon approval of his/her department head, be entitled to charge such absence to his/her accumulated sick leave to a maximum of five (5) working days in a calendar year. Such maximum for Fire Department personnel on twenty-four (24) hour shifts shall be two and one-half (2-1/2) work shifts. The City Manager, upon written request, may grant bereavement leave for persons other than heretofore listed. SECTION 8. HOURS OF WORK A. Workweek The average workweek for all full-time positions, except those Attachment Page 15 of 32 ie solution 84-143 in the Fire Department having twenty-four (24) hour work shifts, shall be forty (40) hours. The average workweek for Fire Depart ment positions having twenty-four (24) hour work shifts shall be fifty-six (56) hours. B. Work Shifts For all full-time positions, except those in the Fire Depart- ment, epartment, the work shift shall be a number of work shifts totaling eighty (80) hours biweekly. For Fire Department positions, except those designated by the Fire Chief and approved by the City Manager, the work shift shall be twenty-four (24) hours. C. Work Schedule The work schedule for each position shall be established by the department head and approved by the City Manager. D. Exchange of Work Shifts Exchange of work shifts may be granted by the department head for emergency or other justifiable reasons. Such exchange of work shifts shall be reported to the payroll division of the Finance Department in the form and on the dates specified. SECTION 9. ATTENDANCE A. Employees shall be in attendance at their work in accordance with the Rules regarding hours of work, holidays and leaves. All departments shall keep daily attendance records. Any unauthorized tardiness or absence is cause for disciplinary action. SECTION 10. HOLIDAY LEAVE The following dates and such other days or portion of days as may be designated by the City Council shall be observed as paid holidays: January 1, New Year's Day; February 12, Lincoln's Birthday; third Monday in February, Washington's Birthday; last Monday in May, Memorial Day observance; July 4, Independence Day; first Monday in September, Labor Day; September 9, California's Admission Day; November 11, Veteran's Day observance; fourth Thursday in November, Thanksgiving; the Friday immediately following Thanksgiving; and December 25, Christmas Day. In the event any of the above holidays fall on Saturday, the preceding Friday will be observed. In the event any of the above holidays fall on Sunday, the following Monday will be observed. The above listed paid holidays shall apply to all permanent full- time employees who shall normally have time off for the holiday at full pay. Qertain employees designated by their department head and approved by the City Manager may be assigned to work their regular scheduled shifts regard- less of legal holidays. Euployees so assigned shall be paid or earn addi- tional vacation, as specified by the department head, at the equivalent of 1/10 of their regular biweekly compensation for each full day (except Satur- days and Sundays) that the general City offices are closed in observance of legal holidays. SECTION 11. JURY DUTY Any employee in the classified service who is duly summoned into any court for the purpose of performing jury service, or serving as a City witness, shall receive their regular compensation for any regularly scheduled working hours spent in the actual performance of such service. Rnployees receiving witness fees or jury service fees, shall remit such fees to the Finance Director in order to be considered at work for pay- roll purposes during the time spent as such witness or serving on the jury. The employee is entitled to retain any mileage allowance if paid by the court. Attachment Page 16 of 32 Resolution No. 84-143 ;Ml SECTION 12. INDUSTRIAL ACCIDENT LEAVE A. In the event that any regular or probationary full-time employee in the classified service is absent frau work as a result of any injury or disease arising out of and during the course of employment with the City of Costa Mesa canes under the Stag of California Workers' Compensation Insurance and Safety Act, such absence shall be considered to be industrial accident leave as specified below and nothing herein contained shall be deemed to affect the employee's entitlement to medical, surgical and hospital treatment as provided in Division 4 of the California Labor Code nor be deemed to affect the employee's entitlement to receive such temporary disability payments as also provided in Division 4. These rules apply to industrial leave only. 1. Eligibility a. If the illness or injury resulted from the failure to wear prescribed safety or personal protective clothing or equipment; use provided safeguards or safety equipment; follow safety rules and regulations, or other departmental work rules; or the employee's gross negligence or willful misconduct was the proximate cause of the absence; may be grounds for disciplinary action. b. The employee is unable to perform his/her assigned duties due to job-related injury or illness and is entitled to Workers' Canpensation Temporary Disability under the provisions of Division 4 of the California Labor Code. c. The employee reports all on-the-job or off -the -job injury or illness which may impair his/her ability to perform regularly assigned duties to his/her supervisor within 24 hours (or the next regularly scheduled workday, whichever is sooner) of the incident, except under extenu- ating circumstances. Extenuating circumstances under which an employee may report an injury beyond the above limits shall include but not be limited to a report at the time the employee realizes the injury is disabling and the medical evidence is consistent with the claim. Failure to report said injury or accident shall be grounds for disciplinary action. After review by the Department, said report shall immediately be forwarded to the Personnel Off ice . d. Medical treatment is provided and maintained by a licensed physician, chiropractor or a licensed medical practitioner as prescribed by a licensed physician, accept- able cceptable to the City's Workers' Ccmpensation Administration. If the employee has notified the Personnel office in writing prior to a job injury/illness, the employee's own physician may be used if said physician can attest that they have previously directed treatment for them and has their medical records including their medical history. After thirty days, an employee has the right to select his/her own physician provided the employee notifies the Tnbrkers' Compensation Administrator in writing of the doctor's name and address prior to the first appointment. The employee must be disabled frau and unable to perform any work regularly performed by a City employee which the City makes available with priority being in the employee's department and light duty availability. Any such employee who is going to be absent from work over one week shall contact his designated departmental safety representative each Thursday or any other time designated by the departmental safety representa- tive and report his/her medical progress and approximate Attachment Page 17 of 32 le solution No. 84-143 date of return to work and any other information the desig- nated departmental safety representative deems appropriate. Employees on industrial leave must report any change in his/her normal place of residence or the address reported where he/she will be during normal business hours while recovering from job-related injuries or illness. Before leaving that location for a period in excess of one (1) day, he/she shall notify the departmental safety representative, and must be available for appointments or consultation as may be required by the City or Hbrkers' Compensation Administration. The departmental safety representative shall issue weekly reports to the department head with copies to the Personnel Office advising of the employee's status. e. The employee must make available after each medical appointment a medical diagnosis and prognosis for regular and/or light duty with all applicable work restrictions since industrial leave cannot be granted if light duty is available and can be performed. f. If further remedial action is indicated, the employee must follow a course of treatment which will enable return to full employment at the earliest possible time. This does not mean that the employee should be carried on indus- trial leave until completely able to perform every duty of the position. g. It is the intent that industrial leave will not be approved when competent medical authority as outlined in l.d of this section determines the disability to be a result of a pre-employment or non -industrial medical condition, a medical condition for which the employee has received a Compromise and Release Settlement pursuant to Division 4 of the Labor Code, or an injury or illness previously denied industrial leave. 2. Industrial Leave will terminate when one of the following occurs: a. The employee fails to follow the advice of the treating physician and fails to pursue a course of treatment which will lead to recovery in as short a period of time as possible. b. The employee's condition becomes medically permanent and stationary. c. It is medically determined that the employee will never be capable of performing the duties of his or her classifi- cation. d. The employee no longer qualifies for industrial leave. e. The employee is engaged in outside employment or activity which would medically impede recovery and prolong his/her return to work as determined by competent medical authority. B. In all cases as specified in Item A above where sickness or injury is incurred as a result of employment and is compensable under the Labor Code and/or the Workers' Compensation Insurance and Safety Act of the State of California, the employee's full regular salary for the waiting period required under such laws, following such incapacity, and up to the time that compensation payments commence thereunder, shall be paid by the City. Attachment Page 18 of 32 Resolution No. 84-143 27 C. All regular or probationary full-time employees, except sworn Police and Fire personnel, covered by the provisions of the California Labor Code shall be entitled to Industrial Accident Leave and compensation on the following basis: 1. When any regular or probationary full-time employee of the City receives disability payment under the State of California Labor Code or the Workers' Campensation Insurance and Safety Act, such employee shall receive the equivalent of the differ- ence between the disability payment under such Code or laws and his/her full regular salary for a period not to exceed (up to) sixty-six work days (528 hours) of leave for each separate injury. An injury shall be deemed to continue through a recurrence or aggravation to the original injury. Claimed recurrences or aggravations of any injury approved for indus- trial leave shall be charged to the balance, if any, of the maximum allowance of such leave for the original injury. D. Police and Fire When a sworn member of the Police or Fire Department of the City receives a disability payment under the LABOR Code or the Workers' Compensation Insurance and Safety Act of the State of California, such employee shall receive the difference between the disability payment under such Code or laws and his/her full regular salary for a period not to exceed (up to) nine months (1,560 hours), or for a period not to exceed (up to) one year (2,080 hours) if approved by the City Council upon review at the expiration of said previously described nine-month period. Such nine-month period shall be available for each separate injury. An injury shall be deemed to continue through any recurrence or aggravation to the original injury. Claimed recurrences or aggravations as deter- mined by competent medical authority as oulined in Section l.d, of any injury approved for industrial leave shall be charged to the balance, if any, of the maximum allowance of such leave for the original injury. In the event of a disagreement over whether a job-related injury/illness is a recurrence, aggravation or a new injury, a final determination shall be made by a competent medical authority mutually accepted by the City's Workers Campensation Administration and the employee. E. Any employee so entitled shall continue to accrue vacation, holiday and sick leave credits, and to earn eligibility for con- sideration for merit salary increases during an absence relating fran an on-the-job injury. An employee shall not receive payment in excess of full salary through a combination of Workers' Campen- sation temporary disability payments and paid sick leave or vaca- tion leave or compensatory time off. RULE 13 - ADDITIONAL PAY AND PAY ADJUSTMENT SECTION 1. OVERTIME If an employee is required to work longer than the normal work week or work shift, said employee shall be compensated for said approved overtime by being allowed either a like number of working hours off, without deduction from the employee's salary or compensation, or through payment for such over- time at one and one-half (1-1/2) times the employee's regular salary rate when required to work overtime beyond the employee's normal workshift. The deter- mination of method is to be at the discretion of the department head and with the approval of the City Manager. Oommpensation for said overtime shall normally be included with cmmpensation for the pay period in which such overtime occurs. An employee may, with the department head's approval, accumulate compensatory time to be taken during subsequent pay periods, with departmental approval, to a maximum accumulation of fifty (50) hours for eligible sworn Police and Fire employees and forty (40) hours for all other eligible employees. Attachment Page 19 of 32 Resolution No. 84-143 These time and one-half provisions do not apply to voluntary over- time, standby time, canpensatory time, or other such times when an employee would nonnally work more than one work shift in twenty-four (24) hours because of shift changes, relief shift scheduling and such like. Only employees in classifications in the Basic Pay Schedule will be eligible for compensated overtime as staged above. SECTION 2. STANDBY PAY If an employee is assigned to duty on a standby basis, he/she shall be paid at the rate of thirteen (13) hours at his/her regular rate of canpen- sation for each week so assigned, plus canpensation for each hour worked during such standby assignment. If a holiday falls within the assigned standby week, an additional four (4) hours pay at his/her regular rate of canpensation will be given to the person assigned to standby. SECTION 3. APPLICATION OF PAY RATE flnployees occupying a position in the classified service shall be canpensated within the range established for the position's class under the pay plan as provided in Rule 6. The minimum rate for the class generally shall apply to employees upon original appointment. Onployees who are re-employed shall receive a rate within the range established for the class and agreed upon by the appointing authority and the employee concerned prior to appointment. SECTION 4. MERIT SALARY ADVANCEMENT No salary advancement within a classification shall be made so as to exceed the maximum rate established in the pay plan. Advancement shall not be automatic but shall depend upon increased service value to the City as recanmended by his/her supervisor based upon perfonnance record, special training undertaken, length of service and other pertinent factors. SECTION 5. LONGEVITY AND SCHOLASTIC ACHIEVEMENT ALLOMNCES The Longevity and Scholastic Achievement Program is a monetary award system which provides, for certain eligible and qualified employees of the City of Costa Mesa, canpensation in addition to their established salaries equal to the sums specified within this Program as appropriate for the levels of longevity in service or the levels of longevity and scholastic achievement attained --but further provides that such additional canpensation shall be granted to any individual employee only upon recamiendation of the department head and approval by the City Manager. Such approval to be granted only if evaluation of the employee's job performance indicates meritorious service to the City of Costa Mesa. AMRD CATEGORIES Degree or Number of Amount of Units of Full Years Award Credit of Service Monthly ( MA, MS 4 $75.00 ( BA, BS 5 70.00 ADVANCED CERTIFICATE ( 90 6 65.00 ( AA 8 60.00 ( None 20 60.00 ( BA, BS 3 55.00 ( AA 4 50.00 INTERMEDIATE CERTIFICATE ( 50 6 45.00 ( 40 8 40.00 ( None 15 40.00 Attachment Page 20 of 32 Rasolution No. 84-143 ltd 7 ( 30 6 35.00 BASIC CERTIFICATE ( 20 8 30.00 ( 10 10 25.00 ( None 10 20.00 F.T.TC,TRTT.TTY Full-time employees employed in classifications placed under the Basic Pay Schedule of the City of Costa Mesa are eligible to participate in this Longevity and Scholastic Achievement Program while employees employed in classifications placed under the Executive Pay Schedule are eligible to participate in only the longevity portion of this program. Participation is optional, however, and it is the responsibility of individual employees to make application for benefits for which they may be qualified under the Program, in accordance with the provisions indicated below. Employees are not eligible for a scholastic award category which is a desired job qualifi- cation or requirement for the classification in which they are employed. APPLICATIONS Applications for awards under this Program must be filed with the department head. Substantiating evidence of scholastic achievements must be submitted with applications. If the department head recommends approval, the department head shall forward the application and substantiating evidence to the City Manager for final approval of the award. Once individual employees have qualified for and been granted a monthly award under this Program, they shall be required to file further applications annually to continue this award. If the years of service and/or scholastic credits increase to the point where they would became qualified for additional compensation under this award system, it is their responsibility to file, at the appropriate time, an application as provided above for this increase in compensation. PAYMENT The amount of any Longevity and Scholastic Achievement allowance granted an individual employee for a given benefit shall be added to the established salary and paid through the regular biweekly payroll checks effective the beginning of the pay period in which City Manager approval is granted. Any approved adjustment in the dollar value of any such award shall be effective only on the first day of a pay period. QUALIFICATION REQUIREMENTS: DEFINITIONS �`� Length of service, for purposes of this Program, shall be the number of full years of service completed. Full years of service shall be based on continuous full-time employment with the City of Costa Mesa after deduction has been made for any periods of leave of absence without pay amounting to thirty days or more, and after deductions for any periods of suspension from duty without pay for disciplinary reasons. SCHOLASTIC ACHIEVEMENTS Degrees or semester units of credit exceeding the desired job qualification or educational requirement of the employee's classi- fication, earned through post -high school work frau recognized educational institutions, and of such nature as to materially benefit the citizens of Costa Mesa by the employee's utilizing such education in the field of service in which he/she is engaged. Completion of one semester unit or more with a passing grade of "C" or better or pass in the case of a "pass/no pass" course must be achieved within a three-year period from completion of the last Attachment Page 21 of 32 Resolution No. 84-143 `2'78 applicable class taken to be eligible for an initial or renewal of scholastic award. (Course work provided or paid for by the City after 10-1-75 is not applicable toward an award category.) SUBSTITUTIONS No substitutions, between longevity credits and educational credits, shall be considered or allowed. ADMINISTRATION OF PROGRAM Determination as to recommending the acceptance or rejection of any application of any employee at any time shall be the responsibility of the department head. 'Ihe department head shall, in considering the application of an employee for an award under the IDngevity and Scholastic Achievement Program, examine the scholastic achievement records submitted as well as the employee's personnel records and if the employee has, in his/her opinion, successfully met the minimum standards outlined and has evidenced an interest and quality of workmanship which may be considered meritorious, shall recom- mend to the City Manager that the appropriate award be granted. If the employee has not, in the opinion of the department head, successfully met these requirements, he/she shall reject the application. The City Manager shall have the final responsibility of granting any award under this Program for which application is made, after considering the application and other relevant documents as well as determinations and recom- mendations of the department head. An award may be granted, rejected or removed at any time. RULE 14 - TRANSFER, PROMOTION, DEMOTION, SUSPENSION, REDUCTION IN PAY, REINSTATEMENT, DISCHARGE, LAYOFF & RESIGNATION SECTION 1. TRANSFER After notice to the Personnel Officer, an employee may be trans- ferred by the appointing authority at any time from one position to another in the same or comparable class. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Manager orders the transfer for purposes of economy or efficiency. A transfer from one department to another may be initiated at the request of the employee to the Personnel Officer. A transfer shall not be used to effectuate a promotion, demotion, advancement or reduction, each of which may be accomplished only as provided in the Personnel Ordinance and in these Rules. No person shall be transferred to a position for which he/she does not possess the minimum qualifications. SECTION 2. PROMOTIONS Insofar as practicable and consistent with the best interest of the service, vacancies in the classified service may be filled by promotion from within the classified service after a promotional examination has been given and a promotional list established. If a vacancy in a position could be better filled by an open - competitive examination, such a list shall be prepared and certified. SECTION 3. DISCIPLINARY ACTIONS in disciplinary -related actions as described below in Sections 4, 5 6 and 7, written notification of the proposed action shall be given to the employee before the effective date of the proposed action and a copy filed with the Personnel Officer. Such written notification shall contain: A. A description of the proposed action and the effective date; Attachment Page 22 of 32 IL -solution No. 84-143 2�# B. A statement of the substantial reasons for the proposed action; C. A statement to the employee informing him/her that he/she may have access to all documents, materials, and records on which the proposed action is based; and D. A statement of the employee's right to respond to the appro- priate appointing authority prior to the effective date of the proposed action. Written notification of the final disposition of proposed actions will be provided to employees. In the event of a proposed disciplinary action being implemented, the appointing authority will include a statement of the employee's right to appeal as outlined in mule 25, Grievance Procedure. The above procedures do not apply to disciplinary actions involving employees who have not canpleted their initial probationary period with the City. Disciplinary actions involving suspensions of five work days or less or salary reductions of no more than one pay period, and oral or written reprimands are exempt frau the above provisions. In such disciplinary actions the employee does not have the right to respond to the appointing authority prior to the effective date of the proposed action. Voluntary demotions described in Section 4 are not disciplinary actions; therefore, the above procedures do not apply. SECTION 4. DEMOTION The appointing authority may demote an employee whose ability to perform his/her required duties falls below standard or for disciplinary purposes. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. A. Voluntary Demotion An employee may request a voluntary demotion for any reason. Such a voluntary demotion shall require the approval of the depart- ment epartment head for wham the employee will serve and the City Manager. An employee taking a voluntary demotion may be placed in any step in the range of the new classification that does not provide an increase in salary. Said employee shall be given a new anniversary date for the purpose of merit evaluation. An employee cannot ask for a voluntary demotion into a position for which he/she does not possess the minimum qualifications. SECTION 5. SUSPENSION An appointing authority shall have the right to relieve any employee for duty with or without pay for alleged violation of departmental or City rules or upon being charged with any violation of a criminal statute. Upon taking such action, the appointing authority shall file with the employee and the Personnel Officer a written notification containing a statement of sub- stantial reasons for the action and the effective date of such action, and for suspensions without pay greater than five work days the employee shall have the right to respond to the appointing authority prior to the effective date of the suspension. SECTION 6. SALARY REDUCTION The appointing authority may reduce the salary of an employee whose ability to perform his/her required duties falls below standard or for disci- plinary purposes. Such salary reduction may be to any step within the given range for the employee's classification. Upon taking such action, the appointing authority shall file with the employee and the Personnel Officer a written notification containing a statement of substantial reasons for the Attachment Page 23 of 32 Resolution No. 84-143 action and the effective date of such action, and for salary reductions greater than one pay period the employee shall have the right to respond to the appointing authority prior to the effective date of the salary reduction. SECTION 7. DISCHARGE/DISMISSAL An employee in the classified service may be discharged at any time by the appointing authority. Whenever it is the intention of the appointing authority to discharge a regular employee in the classified service, the Personnel Officer shall be notified prior to taking such action. (Police Officers are also subject to the provisions of the Police Officer's Bill of Rights . ) SECTION 8. REINSTATEMENT An employee who has been suspended, demoted, had a salary reduction or discharge, and such action is modified as a result of successful appeal through the grievance procedure, shall be entitled to the pay and benefits as contained in the modification order. SECTION 9. LAYOFF Because of material change in duties or organization, or shortage of work or funds, employees in the classified service may be laid off. Thirty (30) calendar days before the effective date of layoff, the appoint- ing ppointing authority shall notify the Personnel Officer of the intended action with reasons therefor. Said employee shall be considered for re-employment as provided by these Rules. SECTION 10. RESIGNATION An employee wishing to leave the classified service in good stand- ing shall give reasonable notice to the appointing authority (normally two weeks) , before the effective date of the last day worked. The resignation shall be forwarded to the Personnel Officer. RULE 15 - OUTSIDE EMPLOYMENT An employee in the classified service may not engage in employment, otter than his/her job with the City of Costa Mesa, except with the approval of his/her department head and only if such employment does not interfere with the performance of assigned duties, does not constitute a conflict of interest, and does not expose employee to significant likelihood of injury or sickness. An employee injured on his/her outside employment may not use his/ her accrued sick leave credit and such employee must be covered by such outside employer's worker's compensation insurance, and employees working as self-employed individuals must agree to hold harmless and indemnify the City. RULE 16 - PHYSICAL EXAMINATIONS A. In order to be eligible for employment or re-employment with the City of Costa Mesa, candidates may be required to pass a physical examination, which meets the job requirements. B. In order to be eligible for promotion or transfer to a job class in a category requiring greater physical qualifications than his/her present job class, any employee must pass the appropriate physical examination required for such promotion or transfer. C. Any employee may be required to undergo a physical examination at any time designated by the appointing authority and with the approval of the City Manager. Attachment Page 24 of 32 Lie solution No. 84-143 �� D. All physical examinations required under the provisions of this Rule shall be performed by a licensed physician specified by the City of Costa Mesa. RULE 17 - TRAINING OF EMPLOYEES SECTION 1. RESPONSIBILITY FOR TRAINING The City Council encourages the improvement of service of employees by providing opportunity for training, including training for advancement and for general fitness for public service. Responsibility for developing pro- grams of training for employees shall be assumed jointly by the Personnel Officer and department heads. Such training programs may include lecture courses, demonstrations, assignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties. Ccmpulsory training may fram time to time be required as a condition for continued employment with the City of Costa Mesa. SECTION 2. CREDIT FOR TRAINING Participation in and successful campletion of special training courses may be considered in making advancements and pramotions. Evidence of such activities shall be filed by the employee with the Personnel Officer, and may be used for evaluation in the Iongevity and Scholastic Program. SECTION 3. PAYMENT FOR TRAINING Tuition and/or textbook costs involved in educational courses which may be taken by an employee and which pertain to his/her City employment, may be reimbursed to said employee by the City if reimbursement is recammended by the employee's departrnent head and approved by the City Manager. The employee participating must maintain a passing grade of "C" or better and should see that the Personnel Officer receives a copy of the employee's grades. If the employee is receiving educational benefits from any other source, said employee will not be eligible to receive educational benefits fram the City of Costa Mesa. RULE 18 - SERVICE AWkRDS Service awards shall be presented to employees in the classified service for five (5) years of service and each five-year (5) interval there- after. For purposes of this Rale, the term "years of service" as applied to employees in the classified service shall be defined as the accumulated total of all periods of full-time service, excepting therefrom any periods of leave of absence at no pay exceeding thirty (30) calendar days. The provisions of this hale shall apply also to the City Manager, City Attorney, City Clerk, City Treasurer, members of the City Council and duly appointed members of the Planning Commission. RULE 19 - REPORTS AND RECORDS SECTION 1. ROSTER CARDS The Personnel Officer shall maintain a service or roster card for each employee in the service of the City showing the name, title of position held, department to which assigned, salary, changes in employment status and such other information as may be considered pertinent. Attachment Page 25 of 32 Resolution No. 84-143 SECTION 2. CHANGE OF STATUS REPORT Every appointment, transfer, promotion, demotion, change of salary rate and other temporary or permanent charges in status of employees shall be reported to the Personnel Officer in such manner as tie/she may prescribe. RULE 20 - NEPOTISM Any relative within the third degree, whether a relative by blood or marriage of a Council Member or the City Manager, shall not be appointed to any position, whether full-time or part-time , within the City service. Relatives may be allowed to work within the sane department as determined by the department head providing one does not supervise the other. This Reale shall not affect any of the heretofore mentioned relatives who are currently employed by the City of Costa Masa at the time of adoption of these Rules. It is not the intention of this Rule to terminate an employee of the City of Costa Mesa whose relative, whether by blood or marriage, within the third degree becomes a City Councilmember, the City Manager, or a depart- ment epartment head. RULE 21 - EMPIAYEE REPRESENTATION SECTION 1. PURPOSE The purpose of this Rule is: A. To fulfill the provisions of Sections 3500 et seq. of the Government Code of the State of California, known as the "Meyers- Milias-Brown Act"; and B. To provide for procedures for designation of employee groups or units of representation; and C. Tb provide for procedures for recognition of the employee organization representing the unit by the City; and D. Tb establish a reasonable and orderly method for the meet and confer process; and E. Tb adopt certain privileges by the City for its employee organi- zations. SECTION 2. UNIT DETERMINATION The City Manager shall determine appropriate units of representa- tion. The principal criterion in making this decision is whether there is a cammunity of interest among employees. The following factors, among others to be considered in making such deternination, are: A. %bich unit will assure employees the fullest freedan in their exercise of rights set forth under this article; B. The relationship of employees in the proposed unit as among themselves, in relation to other employees employed by the City and in similar public employment elsewhere; C. The effect of the proposed unit on the efficient operation of the City and employer-employee relations; D. The extent to which employees have carumon job skill, duties and requirements. No unit shall be deemed appropriate solely on the basis of the extent to which employees in the unit have organized. No single class of employees shall be divided into more than one unit. Attachment Page 26 of 32 Pe solution No. 84-143 28 `x If a dispute arises regarding a unit of recognition, an employee organization may file an appeal through the City Manager with the City Council. Upon receipt of said appeal, the Council may hold a public hearing to consider the appeal. Its findings shall be final and conclusive. SECTION 3. RECOGNITION OF EMPLOYEE ORGANIZATION The City Manager may grant or recertify recognition of one employee organization only in January of each year for each unit that: A. Camplies with the application requirements stated below; and B. Demonstrates that more than fifty percent (50%) of the perma- nent employees of those employed in classifications within the unit are members of such organization. An employee organization which desires to be formally acknowledged and established as a Recognized Employee Organization shall submit a written request therefor, containing the following information: A. A written request for recognition. B. A copy of organization's constitution, charter and bylaws. C. Name and address of the employee organization and its officers. D. Whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or a national or international organization. If so, the name and address of each such organization. E. Names of the representatives not to exceed three (3) authorized to speak on behalf of the organization. F. Names and addresses of those persons, not to exceed two (2), to wham notices sent by regular United States mail will be determined sufficient notice to the employee organization for any purpose. G. Membership affidavits, on forms provided by the City, containing the signatures of members and other information deemed necessary by the City Manager. H. A statement that one of the prime purposes of the employee organization is to represent employees in their employment relations with the City. I. A statement that the employee organization has no restrictions on membership based on race, color, creed, sex, national origin, age or physical handicap. J. A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to City employees. No more than one employee organization shall be recognized for any one class in any one year. An application by a Recognized Employee organiza- tion for a renewal of such status, shall be made in the same manner as a request for initial recognition pursuant to the provisions hereof. The status of any Employee Organization as a recognized Employee Organization shall be revoked or suspended if the City Manager finds: A. That the Recognized Employee Organization no longer camplies with the provisions of this Resolution relating to its qualifica- tions; or Attachment Page 27 of 32 Resolution No. 84-143 284 B. That the Organization has interfered, intimidated, restrained, coerced, or discriminated against any public employee who is exer- cising, or who desires to exercise, rights pursuant to Section 3502 of the Act; or C. That the employee organization by its action has interfered with the normal operations and services of the City. The City Manager shall consider all relevant, canpe tent evidence and, based upon the evidence at hand, shall determine whether or not the lLacognized status of the organization should be revoked. The decision of the City Manager shall be final and conclusive. SECTION 4. MEET AND CONFER PROCESS After an Employee organization is designated as a Recognized Employee organization, pursuant to the provisions hereof, such organization shall, in writing, advise the City Manager of the names, addresses and tele- phone numbers of the persons who will act as representatives of such organiza- tion for the meet and confer process. It shall be the responsibility of each employee organization to forthwith advise the City Manager of any change in such representation. The City's representatives shall be required to meet only with those persons currently designated as representatives frau that organization. For the purpose of the meet and confer process, the Fecognized F]mployee organization shall represent only the members of its organization. A Recognized Employee Organization, by and through its designated representatives, may submit to the City's representatives a written proposal, in such form as the Pecognized Employee Organization deems appropriate, indicating the items and matters it wishes to submit for discussion in the meet and confer process as required pursuant to the provisions of said act. Any Recognized Fkiployee Organization which does not, within the time pre- scribed each year by the City, submit such a written proposal shall be deemed, for all purposes, to have waived its rights to engage in the meet and confer process during that calendar year. Meet and confer sessions may be held at other times than specified herein, only upon the mutual consent of the representatives of the City and the 11e'cognized Employee organization. Con- sideration of other matters at other times will be made upon mutual agreement. Employees of the City shall have the right to form, join, and parti- cipate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including but not limited to wages, hours, and other teens and conditions of employment as provided for in Sections 3500 et seq. of the Government Code. Snployees of the City shall also have the right to refuse to join or partici- pate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by any employee organization because of his/her exercise of these rights. Such right of representation does not extend to those things which are necessary to manage, control, and administer the City's operations including, but not limited to, the determining the mission of the City's con- stituent departments, commissions, and boards; setting standards of service, determining the procedures and standards of selection for employment and pro- motions; directing employees; taking disciplinary action; relieving employees frau duty because of lack of work or other legitimate reasons maintaining the efficiency of goverrmental operations; determining the methods, means, and personnel by which govermiental operations are to be conducted; determining the content of job classifications; taking all necessary actions to carry out the City's mission in emergencies; exercising control and discretion over the City's organization and the technology of performing its work; regulating the use of all equipment and other property of the City; estab- lishing, altering or disposing of operations, departments, caYanissions or Attachment Page 28 of 32 Resolution No. 84-143 28L boards; determining the work to be contracted out; and determining the comple- ment of employees needed or assigned to a particular function or work location. SECTION 5. EMPLOYEE ORGANIZATION PRIVILEGES A. Formally recognized employee organizations may have regular dues of its members deducted from pay checks in accordance with the pro- cedure prescribed by City Manager. B. Formally recognized employee organizations may select not more than three (3) employee members of such organization to attend scheduled meetings with management representatives on subjects within the course of representation during regular working hours without loss of compensation. An employee representative shall not leave his/her duty or work station or assignment without specific approval of the department head or other authorized management representative. C. Beasonable access to work locations shall be granted officers of recognized employee organizations and their officially designated representatives for the purpose of processing grievances or con- tacting members of the organization concerning matters within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the department head. Access shall be restricted in such a manner so as to not interfere with the normal operations of the department or estab- lished safety or security requirements. D. Solicitation of membership and activities concerning the internal management of the employee organization, such as collecting dues, holding membership meetings, campaigning for office, conduct- ing onducting elections and distributing literature shall not be conducted during working hours. E. Fecognized employee organizations may use portions of City bulletin boards as designated by the City Manager or his/her designee. All material posted on City bulletin boards must receive the prior approval of the appropriate department head. F. The City will make available to recognized employee organiza- tions such non -confidential information pertaining to employment relations in the sane manner and format as contained in its public records, subject to the limitations and conditions set forth herein and in Government Code Sections 6250 et seq. G. Employee organizations may, with the prior approval of the City Manager, be granted the use of City facilities during non -work hours for meetings of the City employees consistent with established City policy regarding use of City facilities. The use of City equipment, other than items normally used in the conduct of business meetings, is strictly prohibited. No employee may attend a meeting of the employee organization during his/her working time without prior approval of the City Manager. H. Participation by an employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action which may include discharge from employment. No employee organization, its representatives or members, nor any other employee shall engage in, cause, instigate, encourage, or recognize any strike or work stoppage of any kind. RULE 22 - PAYROLL DEDUCTIONS Deductions of authorized amounts may be made from employees' pay for the following purposes: Attachment Page 29 of 32 Resolution No. 84-143 A. Withholding tax; B. Contributions for retirement benefits; C. Payment of hospitalization, major medical and life insurance premium; D. Payment of non -industrial disability premium; E. Payment out of or savings in the Costa Mesa Municipal Bnployees' Federal Credit Union; F. Contributions to the United Way Fund of Costa Mesa; G. Any other purposes as may be authorized by the City Council and/or the City Manager. 23 - MANAGEMENT PERSONNEL Any department head, assistant department head, division head or any employee having the authority to effectively recaamend hiring, transfer, suspension, pranotion, discharge and/or who has the authority to assign and direct work and/or evaluate work performance shall be determined management personnel and are specifically prohibited from representing any employee organization which represents other City employees for the purpose of repre- sentation on matters of wages, hours, and/or working conditions. All employees of the City Manager's office, Personnel office and any employees determined by the department head, with the approval of the City Manager, having access to or preparing materials, information and recan- mendations on behalf of the City in its dealings with employee organizations shall be deemed a confidential employee and are specifically prohibited frau representing any employee organization for the purpose of representation on matters of wages, hours and/or working conditions. A management representative beam shall be appointed by the City Manager and shall consist of a minimum of three (3) management personnel. The City Manager shall specify not less than one (1) nor more than three (3) representative teams as in his judgment shall be necessary in each situation. Nothing in this Rule prohibits such employees from joining, parti- cipating or refusing to join or participate in any employee organization. RULE 24 - DEPARTMENTAL RULES AND REGULATIONS Each department may establish a department manual of rules and regulations which shall be approved by the City Manager. These Personnel Rules may be further defined and qualified but not superseded by adminis- trative or department regulations. RULE 25 - GRIEVANCE PROCEDURE SECTION 1. PURPOSE OF RULE A. Tb promote improved employer/employee relations by establishing a grievance procedure for matters for which an employee wishes to appeal. B. To afford employees, individually or through recognized employee organizations, a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions. Attachment Page 30 of 32 Resolution No. 84-143 C. To provide that grievances shall be settled quickly and as near as possible to the point of origin. D. To provide that appeal shall be conducted as informally as possible. SECTION 2. MATTERS SUBJECT TO GRIEVANCE PROCEDURE A. Any alleged violation of the Personnel Ordinance or Personnel Rules, any alleged improper treatment of an employee and/or any decision affecting an employee's employment having material impact shall be considered to be a matter subject to review through the grievance procedure. B. Any adoption, deletion or revision of City governmental policies, as may be suggested or recommended by any employee or employee organization, shall not be considered to be a matter subject to review through the grievance procedure. SECTION 3. GRIEVANCE PROCEDURE A. First Step An attempt shall be made to adjust all grievances on an informal basis between the employee and/or his/her designated representative and a supervisor in the employee's chain of command up to and including his/her division head. B. Second Step If the grievance is not satisfactorily adjusted within five (5) working days after the occurrence of the incident involved in the grievance, the grievance shall be submitted in writing to the employee's department head within ten (10) working days after the occurrence of the incident involved in the grievance. The depart- ment head shall meet with the employee and/or his/her designated representative within five (5) working days after submission of the grievance to him. The department head shall deliver his/her answer in writing to the employee or his/her designated representa- tive within five (5) working days after said meeting. C. Third Step If the grievance is not satisfactorily adjusted at the second step, it shall be submitted in writing with all material submitted to and responses frau all preceding steps, to the City Manager within five (5) working days after the department head's answer is received by the employee or his/her designated representative. The City Manager shall deliver his/her answer to the employee, or his/her designated representative, within five (5) working days after submission of the grievance to him/her, or the City Manager or his/her designated representative shall meet with the employee and/or his/her designated representative within ten (10) working days after submission of the grievance to him/her. The City Manager, or his/her designated representative, shall deliver his/ her answer in writing to the employee or his/her designated repre- sentative within five (5) working days after said meeting. SECTION 4. CONDUCT OF GRIEVANCE PROCEDURES A. The time limit specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. B. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal to any level of review. Attachment Page 31 of 32 Resolution No. 84-143 C. The employee and his/her representative may be privileged to use a reasonable amount of work time as determined by the appro- priate department head in conferring about and presenting the appeal. D. Employees shall be assured freedan frau reprisal for using the grievance procedure. E. This right of appeal does not preclude the employee, after following this fon-nal grievance procedure, frau seeking redress under the law through the courts pursuant to the Code of Civil Procedure Section 1094.6, after canplying with this procedure. RULE 26 - COOPERATION Every officer and employee of the City of Costa Mesa shall cooperate with the Personnel Officer in order to canpletely fulfill the objectives and purposes of the Personnel Ordinance and these Rules. Attachment Page 32 of 32 Resolution No. 84-143