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HomeMy Public PortalAbout27 Amend Personnel Rules Town of Truckee California RESOLUTION NO. 95-27a A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE AMENDING PERSONNEL SYSTEM RULES WHEREAS, the Town Council is authorized and directed under the provisions of Section 2.40.050 of the Truckee Municipal Code to adopt rules for the administration of the personnel system created in Chapter 2.40 of the Truckee Municipal Code; and WHEREAS, the Town Council is authorized to amend previously established Personnel System Rules pursuant to the Truckee Municipal Code Title 2, Section 2.40.050; and WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management in the municipal government; and WHEREAS, these rules set forth in detail those procedures which insure similar treatment for those who compete for original employment and promotion, and define many of the obligations, rights, privileges and prohibitions which are placed upon all employees in the competitive service of the Town; and WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given the Town Manager and the Personnel Director in the interpretation of these rules; NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Truckee does hereby adopt the following revisions to the rules as noted italics: RULE I. DEFINITION OF TERMS The terms used in these rules shall have the meanings as defined below: SEC. 1. "Advancement": A salary increase within the limits of a pay range established for a class. SEC. 2. "Allocation": The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised. SEC. 3. "Appointing Authority": The officers of the Town who, in their individual capacities, or as a department head, or Town Council, have the final authority to make the appointment to the position to be filled. SEC. 4. "Class": All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary. Town of Truckee Resolution Page 2 SEC. 5. "Competitive Service": All positions of employment in the service of the Town except those excluded by section of the Code. SEC. 6. "Days": Means calendar days unless otherwise stated. SEC. 7. "Demotion": The movement of an employee from one class to another class having a lower maximum base rate of pay. SEC. 8. "Disciplinary Action": The discharge, demotion, reduction in pay, or suspension of a regular employee for punitive reasons and not for any non-punitive reasons. SEC. 9. "Eligible": A person whose name is on an employment list. SEC. 10. "Employment List": (a) Open employment list: A list of names of persons who have taken an open- competitive examination for a class in the competitive service and have qualified. (b) Promotional employment list: A list of names of persons who have taken a promotional examination for a class in the competitive service and have qualified. SEC. 11. "Examination": (a) Open-competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. (b) Promotional examination: An examination for a particular class which is open only to employees meeting the qualifications for the class. (c) Continuous examination: An open competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one year. SEC. 12. "Grievance": An allegation by one or more employees that the Town has violated an express provision of these Rules or a current Memorandum of Understanding. SEC. 13. "Lay-Off': The separation of employees from the active work force due to lack of work of funds, or to the abolition of positions by the town council for the above reasons or due to organization changes. SEC. 14. "Personnel Ordinance": Chapter 2.40 which creates a personnel system for the town. Town of Truckee Resolution Page 3 SEC. 14. "Personnel Ordinance": Chapter 2.40 which creates a perso~mel system for the town. SEC. 15. "Position": A group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person. SEC. 16. "Probationary Period": A period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position. SEC. 17. "Promotion": The movement of an employee from one class to another class having a higher maximum base rate of pay. SEC. 18. "Provisional Appointment": An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles. In no instance shall a provisional appointment exceed six months. SEC. 19. "Regular Employee": An employee in the competitive service who has successfully completed the probationary period and has been retained as hereafter provided in these rules. SEC. 20. "Reinstatement": The restoration without examination of a former regular employee or probationary employee to a classification in which the employee formerly served as a regular non- probationary employee. SEC. 21. "Relief of Duty": The temporary assignment of an employee to a status of leave with pay. SEC.22. "Supervisor": An Administrator having immediate jurisdiction over another employee. SEC. 23. "Suspension": The temporary separation from service of an employee without pay for disciplinary purposes. SEC. 24. "Temporary Employee": An employee who is appointed to a non-regular position for a limited period of time. SEC. 25. "Transfer": A change of an employee from one position to another position in the same class or in a comparable class. SEC.26. "Working Day": Days in which the Town Administrative Offices are open for business. RULE II. GENERAL PROVISIONS SEC. 1. Fair Employment Practices: Any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job related qualifications of applicants. No Town of Truckee Resolution Page 4 recruitment or selection technique shall be used which, in the opinion of the Personnel Director, is not justifiably linked to successful job performance. RULE III. CLASSIFICATION SEC. 1. Preparation of Plan: The Personnel Director, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the competitive service and shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the competitive service defined by class specifications, including the title. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under similar working conditions to all positions in the same class. SEC. 2. Adoption, Amendment, and Revision of Plan: The classification plan shall be adopted by the Town Manager and may be amended from time to time. During the process of consideration, any recognized employee organization affected shall be advised. Amendments and revisions of the plan may be suggested by any interested party, including any recognized employee organization, and shall be submitted to the Town Manager. SEC. 3. Allocation of Positions: Following the adoption of the classification plan and consultation with any recognized employee organization affected, the Personnel Director shall allocate every position in the competitive service to one of the classes established by the plan. SEC. 4..New Positions: A new position shall not be created and filled until the classification plan has been amended to provide therefor and an appropriate employment list established for such positions. SEC. 5. Reclassification: Positions, tine assigned duties of which have been materially changed by the Town so as to necessitate reclassification, whether new or already created, shall be allocated by the Personnel Director to a more appropriate class. Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, not to effect a change in salary in the absence of a significant change in assigned duties and responsibilities. RULE IV. APPLICATIONS AND APPLICANTS SEC. 1..Announcement: All examinations for classes in the competitive service shall be publicized by such methods as the Town Manager or the Personnel Director deem appropriate. Special recruiting shall be conducted, if necessary, to insure that all segments of the community are aware of the forthcoming examinations. The aunotmcement shall specify the title and pay of the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the performance of the work of the class; the manner of making application; and other pertinent information. Town of Truckee Resolution Page 5 SEC. 2. Application Forms: Applications shall be made as prescribed on the examination announcement. Application fom~s shall require information covering training, experience, and other pertinent information, and may include certificated of one or more examining physicians, references and fingerprints. All applications must be signed by the person applying. SEC. 3. Disqualification: The Personnel Director 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 application indicates facts that show that the applicant is physically or psychologically unable to perform the job applied for, and no reasonable accommodation can be made for such disability; is addicted to the habitual excessive use of drugs or intoxicating liquor; has made any false statement of any material fact, or practiced any deception or fraud in an application. Whenever an application is rejected, notice of such rejection shall be mailed to the applicant by the Personnel Director. Defective applications may be retumed to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired. SEC. 4. Criminal Conduct - Ineligibility For Employment: Conviction, including pleas of guilty and nolo contendere, of a felony shall be prima facie disqualification of an applicant for employment; provided, however, that the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist. In making such determination, the appointing authority shall consider the following factors: (a) the classification, including sensitivity, to which the person is applying or being certified and ~vhether the classification is unrelated to the conviction; (b) the nature and seriousness of the offense; (c) the circumstances surrounding the conviction; (d) the length of time elapsed since the conviction; (e) the age of the person at the time of conviction; (f) the presence or absence of rehabilitation or efforts at rehabilitation; (g) contributing social or environmental conditions. An applicant who is disqualified for employment under this section may appeal the determination of disqualification. Such appeal shall be in writing and filed with the Town Manager within ten (10) days of the date of the notice of disqualification. The Town Manager shall hear and determine the appeal within thirty (30) days after it is filed. The determination of the Town manager on the appeal is final. Town of Truckee Resolution Page 6 Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant shall have been convicted of a felony. RULE V. EXAMINATIONS SEC. 1. Examination Process: The selection techniques used in the exantination process shall be impartial and relate to those subjects which, in the opinion of the Personnel Director, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, achievement and aptitude tests, other written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical tests, psychological tests, successful completion of prescribed training, or any combination of these or other tests. The probationary period shall be considered as a portion of the examination process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirements. SEC. 2. Promotional Examinations: Promotional examinations may be conducted whenever, in the opinion of the Personnel Director, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section 1 of this rule, or any combination of them. Only regular or probationary employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations. SEC. 3. Continuous Examination: 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 VI. SEC. 4. Conduct of Examination: The Town Council may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Persom~el Director shall see that such duties are performed. The Perso~mel Director shall arrange for the use of public buildings and equipment for the conduct of examinations. SEC. 5. Notification of Examination Results and Review of Papers: Each candidate in an examination shall be given notice of the results thereof, and if successful, of the final earned score and/or rank on the employment list. All candidates shall have the right to inspect their own test answer sheet within five working days after the notifications of examination results. Any error in computation, if called to the attention of the Perso~mel Director within this period, shall be corrected. Such corrections shall not, however, require invalidation of appointments previously made. Town of Truckee Resolution Page 7 RULE VI. EMPLOYMENT LISTS SEC. 1. Employment Lists: As soon as possible after the completion of an examination, the Personnel Director shall prepare and maintain an employment list consisting of the names of candidates who qualified in the examination. SEC. 2. Duration of Lists: Employment lists other than those resulting from a continuous examination shall remain in effect until exhausted or abolished by the Personnel Director. Open-competitive lists created as a result of continuous examination shall remain in effect for not more than one year after the last administration of the examination, unless sooner exhausted or abolished. Names places on such lists may be merged with any others already on the list. SEC. 3. Removal of Names From List: The name of any person appearing on an employment, re- employment or promotional list shall be removed by the Personnel Director if the eligible requests in writing that the name be removed or if the eligible fails to respond to a notice of certification mailed to the last designated address. The person affected shall be notified of the removal of the name by a notice mailed to the last known address. The names of persons on promotional employment lists who resign from the service shall automatically be dropped from such lists. RULE VII. METHOD OF FILLING VACANCIES SEC. 1. Types of Appointment: All vacancies in the competitive service shall be filled by transfer, demotion, re-employment, reinstatement, or from eligibles certified by the Personnel Director from an appropriate employment list, if available. In the absence of persons eligible for appointment in these ways, provisional appointments may be made in accordance with these personnel rules. SEC. 2. Notice to Personnel Director: If a vacancy in the competitive service is to be filled, the appointing power shall notify the Personnel Director in the manner prescribed. If there is no re- employment list available for the class, the appointing power shall have the right to decide whether to fill the vacancy by reinstatement, transfer, demotion, appointment from a promotional employment list, or appointment from an open employment list. SEC. 3. Certification of Eligibles: If the appointing power does not consider it in the Town's best interest to fill the vacancy be reinstatement, transfer, or demotion, or if it is not possible to fill the vacancy be re-employment, certification shall be made from an appropriate employment list, provided eligibles are available. When the appointing power requests a vacancy be filled by appointment from an open employment list, the Personnel Director should certify from the specified list the names of all individuals willing to accept appointment. Whenever there are fewer than three names of individuals willing to accept appointment on a promotional employment list or on an open employment list, the appointing power any make an appointment from among such eligibles or may request the Personnel Director to Town of Truckee Resolution Page 8 establish a new list. When so requested, the Personnel Director shall hold a new examination and establish a new employment list. SEC. 4. Appointment_: After interview and investigation, the appointing power shall make appointments from among those certified, and shall immediately notify the Personnel Director of the persons appointed. The person accepting appointment shall report to the Personnel Director, or the Personnel Director's designated representative, for processing on or before the date of appointment. If the applicant accepts the appointment and reports for duty within such period of time as the appointing authority shall prescribe, the applicant shall be deemed to be appointed; otherwise, the applicant shall be deemed to have declined the appointment. SEC. 5. Provisional Appointment: In the absence of there being names of individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be made by the appointing authority ora person meeting the minimum training and experience qualifications for the position. Such an appointment may be made during the period of suspension of an empl°yee °r pending final action on proceedings to review suspension, demotion or discharge of an employee, and such vacancy may be filled by the appointing authority subject to the provisions of the personnel ordinance and the personnel rules. A provisional employee may be removed at any time without the right of appeal or hearing. No provisional appointment shall exceed six months. A provisional appointee shall accrue the same benefits as probationary employees. Ifa provisional appointee is selected for a full-time position with the town, the time served as a provisional appointee shall be counted as time toward the fulfillment of the required probationary period. No special credit shall be allowed in meeting any qualifications or in the giving of any test or the establishment of any open-competitive promotional lists, for service rendered under a provisional appointment. SEC.6. Compensation for Temporary Additional Responsibility. Any employee assigned to a higher management or supervisory position ~vhere there is a temporarily unfilled position for more than fifteen (15) working days shall receive additional compensation of at least five percent (5%) over base pay. Such additional compensation begins on the sixteenth (16th) working day and terminates upon assumption of the duties by a regular employee to an open position. All assignments of temporary additional duty shall be approved by the Town Manager. Allowances beyond five percent (5%) may be approved by the Town Council upon a finding of special circumstances to warrant such special adjustment. For the position of Temporary Public Works Leadworker, the five percent (5%) salary adjustment should become effective immediately upon appointment by the Appointing Authority. RULE VIII. PROBATIONARY PERIOD SEC. 1. Regular Appointment Following Probationary Period: All original and promotional appointments shall be tentative and subject to a probationary period of not less than one year actual Town of Truckee Resolution Page 9 service to be determined for each class by the Personnel Director. The appointing authority may extend such probationary period up to six additional months. The Personnel Director shall notify the appointing authority and the probationer concerned two weeks prior to the termination of any probationary period. If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Personnel Director a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory and such employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of the termination shall be served on the terminated employee by the personnel Director after the expiration of the selection period. SEC. 2. Objective of Probationary Period: The probationary period shall be regarded as a part of the selection process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to his position. SEC. 3. Rejection of Probationer: During the probationary period, an employee may be rejected at any time by the appointing power without cause and without the right of appeal. Notification of rejection by the appointing authority shall be served on the probationer. SEC. 4. Rejection Following Promotion: Any employee rejected during the probationary period following a promotional appointment, or at the conclusion of the probationary period by reason of failure of the appointing power to file a statement that the employee's services have been satisfactory shall be reinstated to the position from which the employee was promoted unless charges are filed and the employee is discharged in the manner provided in the Personnel Ordinance and these rules for positions in the competitive service. If there is no vacancy in such position, the employee may request to be placed on a re-employment list. RULE IX. TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT SEC. 1. Transfer: No person shall be transferred to a position for which that person does not possess the minimum qualifications. Upon notice to the Personnel Director, an employee may be transferred by the appointing power or designee at any time from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties and requires substantially the same basic qualifications. If the transfer involves a change from one department to another, both department heads must consent thereto unless the Town Manager orders the transfer. 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 or the Rules. Town of Truckee Resolution Page 10 SEC. 2. Promotion: Insofar as consistent with the best interests of the service all vacancies in the competitive service shall be filled by promotion from within the competitive service, after a promotional examination has been given and a promotional list established. If, in the opinion of the Personnel Director, it is in the best interests of the municipal service, a vacancy in the position may be filled by an open-competitive examination instead of promotional examination, in which event the Personnel Director shall arrange for an open-competitive examination m~d for the preparation and certification of an open-competitive employment list. SEC. 3. Demotion: The appointing authority may demote an employee whose ability to perform the required duties falls below standard, or for disciplinary purposes. Upon request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position who does not possess the minimum qualifications. Disciplinary demotion action shall be in accordance with Rule X hereof. SEC. 4. Suspension: The appointing authority may suspend an employee from a position at any time for a disciplinary purpose. Suspension without pay shall not exceed thirty calendar days, nor shall any employee be penalized by suspension for more than thirty calendar days in any fiscal year. Department heads may suspend a subordinate employee for not more than three working days at any one time, and not more than once in a thirty calendar day period. Intended suspension action shall be reported immediately to the Personnel Director, and shall be taken in accordance with Rule X hereof. SEC. 5. Reinstatement: With the approval of the appointing authority, a regular employee or probationary employee who has completed at least six months of probationary service and who has resigned with a good record may be reinstated within two years of the effective date of resignation, to a vacant position in the same or comparable class, upon reinstatement, the employee shall be subject to the probationary period prescribed for the class. No credit for former employment shall be granted in computing salary, vacation, sick leave, or other benefits except on the specific recommendation of the appointing authority at time of reinstatement. RULE X. DISCIPLINARY ACTION SEC. 1. Policy: Prior to the suspension, demotion, reduction in pay, or discharge of a regular employee for disciplinary purposes, the procedure set forth in this rule shall be complied with. SEC. 2. Written Notice: Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include a statement of the reason(s) for the proposed action and the charges(s) being considered. SEC. 3. Employee Revie~v: The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based, and, if practicable, the employee shall be supplied with a copy of the documents. Town of Truckee Resolution Page 11 SEC. 4. Employee Response: Within five (5) working days after the employee has had the review opportunity provided above, the employee shall have the right to respond, orally or in writing, at the employee's option, to the appointing authority concerning the proposed action. SEC. 5. Relief of Duty: Notwithstanding the provisions of this Rule, upon the recommendation of the Personnel Director, the Town Manager may approve the temporary assignment of an employee to a status of leave with pay pending conduct or completion of such investigations or opportunity to respond as may be required to determine if disciplinary action is to be taken. SEC. 6. Appeal: Regular employees may appeal disciplinary actions pursuant to the grievance procedure established within these Personnel System Rules. RULE XI. LAYOFF POLICY AND PROCEDURE SEC. 1. Statement of Intent: Whenever, in the judgment of the Town Council, it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal. SEC. 2. Notification: Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar days prior notice. SEC. 3. Vacancy and Demotion: Except as otherwise provided, whenever there is a reduction in the workforce, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee who is the latest to be laid off in accordance with Section 6 is qualified. All persons so demoted shall have their names placed on the reemployment list. SEC. 4. Employee Rights: An employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in a lower class in the same class series or in a lower classification in which the affected employee once had permanent status. For the purpose of this section and Section 5, seniority includes all periods of full-time service at or above the classification level where layoff is to occur. SEC. 5. Seniority: In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Director within five (5) working days of receipt of notice of layoff. Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above the received in the class from which the employee was laid oft: Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or a class in the class series. Town of Truckee Resolution Page 12 SEC. 6. Employment Status: In each class of position, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority. In cases where there are two or more permanent employees in the class from which the layoff is to be made, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least thirty (30) days and no more than twelve (12) months prior to layoff as follows: First, all employees having ratings of "improvement needed;" Second, all employees having ratings of "competent;" Third, all employees having ratings of "outstanding." Employees within each rating category shall be laid off in inverse order of seniority in Town service. SEC. 7. Re-employment List: The names of persons laid off or demoted in accordance with these rules shall be entered upon a reemployment list. Lists from different departments or at different times for the same class of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list. SEC. 8. Duration of Re-employment List: Names of persons laid off shall be carried on a reemployment list for one year, except that persons appointed to permanent positions of the same level as that which laid off, shall, upon such appointment, be dropped from the list. Persons who refuse reemployment shall be dropped from the list. Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for the one year. RULE XII. SEPARATION FROM THE SERVICE SEC. 1. Discharge: An employee in the competitive service may be discharged at any time by the appointing authority. Whenever it is the intention of the appointing authority to discharge an employee in the competitive service, the Personnel Director shall be notified. Disciplinary discharge action shall be taken in accordance with Rule X. SEC. 2. Resignation: An employee wishing to leave the competitive service in good standing shall file with the appointing authority a written resignation stating the effective date and reasons for leaving at last t~vo weeks before leaving the service, unless such time limit is waived by the appointing authority. A statement as to the resigned employee's service performance and other pertinent information shall be forwarded to the Persormel Director. Failure to give notice as required by this rule shall be cause for denying future employment by the Town. Town of Truckee Resolution Page 13 RULE XIII. LEAVE REGULATIONS SEC. 1. Attendance: 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 of employees which shall be reported to the Personnel Director in the form and on the dates as specified. Failure on the part of an employee, absent without leave, to return to duty within twenty- four (24) hours after notice to return shall be cause for immediate discharge, and such employee automatically waives all rights under the personnel ordinance and these rules. The depositing in the United States mail of a first class letter, postage paid, addressed to the employee's last known place of address, shall be reasonable notice. SEC. 2. Military_ Leave: Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give the appointing authority an opportunity within the limits of military regulations to determine when such leave shall be taken. SEC. 3. Leave of Absence Without Pay: The Town Manager, with unrestricted discretion, may grant a regular or probationary employee leave of absence without pay or seniority for not to exceed three months. After three months, the leave of absence may be extended if so authorized. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. Upon expiration ora regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be deemed to be discharged. The depositing in the United States mail of a first class letter, postage paid~ addressed to the employee's last known place of address, shall be reasonable notice. Department heads may grant a regular or probationary employee leave of absence without pay for not to exceed one calendar week. Such leaves shall be reported to the Personnel Officer. SEC. 4. Annual Vacation Leave: The purpose of annual vacation leave is to enable each eligible employee annually to return to work mentally refreshed. All employees in the competitive service shall be entitled to annual vacation leave with pay except the following: (a) Employees who have served less than one year in the service of the Town. However, vacation credits for the time may be granted to each such employee who later receives a permanent appointment. (b) Employees who work on a provisional or seasonal basis, and all employees who are not regularly employed in regular positions. Town of Truckee Resolution Page 14 Eligible employees shall earn vacation credits as follows: Years of Service Number of Working Hours/Month Number of Working Days/Year 1-4 inclusive 5-12 inclusive 13 and over 6.6667 Hours per month 10 10 Hours per month 15 13.3334 hours per month 20 Eligible employees who work less than full time, but more than 1040 hours per year, shall be credited vacation on a pro-rated basis. An employee starting work after the 1 st day of a month will eam pro-rata credit of vacation benefits for that month. This rule will not run contrary to the provisions of this section. Pro-rata credits shall be determined by dividing a month into four quarters and benefits accruing in no less than two (2) hour increments. For purposes of computing annual vacation leave, a working day shall be considered as 1/5 of the number of working or duty hours in the established work week. The times during a calendar year at which an employee may take vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. If the requirements of the service are such that an employee cannot take part or all of annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. Any eligible employee, with the consent of the department head may defer annual vacation to the succeeding year, subject to the provisions of this rule. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. An employee may accumulate up to and including thirty (30) workdays of vacation leave. Employees who terminate employment shall be paid for all accrued vacation leave earned prior to the effective date of termination. No such payment shall be made for vacation accumulated contrary to the provisions of these rules. SEC. 5. Sick Leave: Sick leave with pay shall be granted to all probationary and regular employees within the competitive service who are regularly employed in permanent positions. Sick leave shall not be considered as a right which an employee may use with discretion, but shall be allowed only in case of necessity and actual personal sickness or disability. Town of Truckee Resolution Page 15 In order to receive compensation while absent on sick leave, the employee shall notify the immediate superior or the Personnel Officer prior to or within four hours after the time set for beginning daily duties, or as may be specified by the head of the department. The employee may be required to file a physician's certificate or a personal affidavit with the Personnel Officer, stating the cause of any absence. Any sick leave exceeding three (3) working days shall require a doctor's statement certifying that the employee's absence was due to personal illness or incapacity and that a condition prevented performance of position duties. For purposes of computing sick leave, a work day shall be considered as one-fifth (1/5) of the number of working or duty hours in the established work week for each employee. Sick leave shall be earned at the rate of one (1) work day for each calendar month of service. Unused sick leave shall be accumulated to a total of not more than thirty (30) working days. An employee starting work after the 1 st day of a month will earn pro-rata credit of vacation benefits for that month. This rule will not run contrary to the provisions of this section. Pro-rata credits shall be determined by dividing a month into four quarters and benefits accruing in no less than two (2) hour increments. Absence for a fraction or part of a day that is chargeable to sick leave in accordance with these provisions shall be charged proportionally in an amount not less than one-half (V2) hour. An employee receiving temporary disability payments under the worker's compensation laws may use accumulated sick leave in order to continue to maintain regular income. However, all employees receiving full salaries in lieu of temporary disability payments pursuant to Section 4850 of the Labor Code are entitled to accumulate sick leave during such period of disability. When accumulated sick leave is exhausted, the employee's pay shall terminate until such employee returns to work. However, an employee with vacation credits may, upon written request to the Personnel Officer, use all or any part of vacation credits as sick leave with pay only when sick leave is exhausted. The Personnel Officer may grant a leave of absence without pay for the duration of the illness. Eligible employees who work less than full time, but more than one thousand forty (1040) hours a year, shall be credited sick leave on a pro-rated basis. SEC. 6. Holidays: Municipal employees shall be entitled to the following holidays: New Year's Day Martin Luther King Jr. Day Lincoln's Birthday President's Day Memorial Day Independence Day Labor Day (January 1) (third Monday in January) (February 12) (third Monday in February) (last Monday in May) (July 4) (first Monday in September) Town of Truckee Resolution Page 16 Columbus Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day (second Monday in October) (November 11) (fourth Thursday in November) (fourth Friday in November) (December 25) In addition, every day designated by the President or Governor for a public fast, thanksgiving, or holiday and approved by the Town Council shall be a paid holiday for Town employees. In addition to the recognized holidays listed above, eligible employees will receive one floating holiday each year. This floating holiday xvill be earned on a quarterly prorata basis for new employees. A new employee will earn floating holiday hours for each quarter remaining in the fiscal year beginning with the quarter including the hire date. Any unused floating holiday hours at the end of the fiscal year will be added to the vacation hours balance. These holidays must be scheduled with the prior approval of the employee's supervisor. To be eligible for holiday pay, an employee must work on the regular work day before and the regular work day after a paid holiday or be on an approved paid leave of absence the day before and the day after. Approved paid leave of absence is defined as paid sick leave, paid vacation, paid floating holiday, or paid authorized leave of absence. All regular full-time employees who meet the "day before/after" criteria discussed above are eligible for holiday pay xvhether or not the Introductory Period has been completed. Holiday pay will be eight (8) hours compensation calculated on the employee's straight-time pay rate (as of the date of the holiday). Employees working a flex schedule (i.e. four tens) will be compensated eight (8) hours for a paid holiday. Ifa recognized holiday occurs when an eligible employee is on an approved paid leave of absence, that day off will not be subtracted from the employee's paid leave. Management has the right and the responsibility to schedule work hours. This includes the right to schedule employees to work on holidays and to schedule work to avoid working on holidays. Employees who are required to work more than thirty-two (32) hours in a week containing a recognized holiday will be paid at an overtime rate for those hours in excess of thirty-two (32). When a recognized holiday falls on Saturday, the preceding Friday shall be observed as a holidayo When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Paid time off for holidays will be counted as hours worked for the purpose of determining overtime. SEC. 7. Medical Examinations: The Personnel Officer may require an employee returning after any absence to pass such medical examination as deemed satisfactory for reinstatement. SEC. 8. Revocation of Sick Leave: The Personnel Officer shall revoke pay and sick leave time if the employee is not in fact sick or has engaged in private or other public work while on such leave. Town of Truckee Resolution Page 17 SEC. 9. Military Leave: When under such circumstances as referred to in Section lc of Rule XlII, the employee shall be paid for such leave in accordance with the provisions of state law. (Res. No. 2041, 9/20/82) SEC. 10. Bereavement Leave: Bereavement leave with pay shall be granted to all regular and probationary employees upon the death ora family member. "Family members" to be identified by the employee as one with whom the employee has had a close extended relationship, or any relative living in the same permanent residence as employee. Such leave of absence is not to exceed three (3) days, or five (5) days if out-of-state travel is required. Salary may be reduce in the amount required to pay a substitute. Additional leave for other reasons may be granted at the discretion of the Personnel Officer. SEC. 11. Jury. Duty: Every classified employee of the Town who is called or required to serve as a trial juror, upon notification and appropriate verification submitted to the supervisor, shall be entitled to be absent from duties with the Town during the period of such service or while necessarily being present in court as a result of such call. The employee may retain such amount as may be received for jury duty. RULE XIV. GENERAL PROVISIONS SEC. 1. Personnel Records: The Personnel Director shall maintain a service or personnel record for each employee in the service of the Town showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent by the Personnel Director. SEC. 2. Change-of-Status Report: Every appointment, transfer, promotion, demotion, change of salary rate, or any other temporary or permanent change in status of employees shall be reported to the Personnel Director in such manner as he may prescribe. SEC. 3. Salary Advancements: Probationary employees are eligible for one step salary advancement coinciding with the completion of the probationary period. Permanent employees who have not reached the top step of their salary range are eligible for a one step salary advancement annually on the anniversary date of employment. Advancements shall not be automatic, but shall depend upon increased service value of an employee to the Town as evidenced by performance evaluations. Employees who are promoted shall receive an increase in salary to the next higher step in the new salary range over that which such employee had been receiving in the lower class, provided, however, that a salary increase of no less than five (5%) shall be granted with each promotion. Salary advancements shall be recommended by the Department Head and approved by the Personnel Officer. SEC. 4. Nepotism Prohibition: No person shall be considered for employment who is related within the third degree, whether by blood or marriage, to any person then employed in the Town Department in which the applicant is seeking employment, or so related to any Town Officer or appointed official, whatsoever, except that the Town Council may by unanimous vote of all members Town of Truckee Resolution Page 18 present, provided that them are at least four (4) members so present, find that be reason of unusual qualifications of the applicant, or the existence of other unusual circumstances, the best interest of the Town would be served by permitting such person to be considered for employment; provided, however, that the provisions of this Section shall not apply to temporary or part-time positions not included in the competitive service. SEC. 5. Medical Examinations: Each person employed by the Town shall be subject to satisfactorily completing a physical examination by a qualified medical examiner. Expense for such examination shall be borne by the Town. The Town may require periodic physical examinations of employees. Expense for such examinations shall be borne by the Town. SEC. 6. Fair Employment: No questions in any test, or in any application form, or by any appointing authority, shall be so framed as to attempt to elicit information concerning race, color, ancestry, national origin, religious creed, or political opinions or affiliations of an applicant. No appointment to or removal from a position in the competitive service shall be affected or influenced in any manner by any consideration of race, color, ancestry, national origin, religious creed, or political opinion or affiliation. SEC. 7. Violation of Rules: Violation of the provisions of these rules shall be grounds for rejection, suspension, demotion or dismissal. SEC 1. Statement of Intent. It is the purpose of this policy to establish a clear process to resolve issues raised by employees related to interpretation of personnel rules and any current Memorandum of Understanding. It is the desire of the Town to resolve all grievance issues at the lowest possible level within the organization; however, it is important to have a policy in place that assures employees that there are a series of appeal processes available to deal with grievance issues. SEC 2. Pre-Grievance Step. Potential grievances shall be discussed in informal conferences between the employee and the immediate supervisor outside of the bargaining unit. At least one informal meeting betxveen parties shall take place before the grievance procedure is invoked. If the potential grievance is not resolved at this step, then the aggrieved employee may declare that a grievance exists and the provisions of this Rule will be implemented. SEC 3. Formal Grievance. Step One. Within ten (10) working days of the occurrence or discovery of an alleged grievm~ce, the grievance shall be presented in writing to the Department Head or his/her designee. The grievance by the aggrieved or their representative shall contain information which identifies: 1. The aggrieved; 2. The specific nature of the grievance; 3. The time or place of its occurrence; 4. The section of these Rules or a current Memorandum of Understanding alleged to have been violated; Town of Truckee Resolution Page 19 5. The consideration given or steps taken to secure informal resolution; 6. The corrective action desired. A meeting shall take place if it is agreed by the parties that such a meeting would assist to clarify or resolve the grievance. The employee may be accompanied by his/her representative at the meeting. A decision shall be made within ten (10) working days of receipt of the grievance. A copy shall be sent to the aggrieved. Step Two. If the grievant is not satisfied with the Step One decision, he/she may appeal the decision in writing to the Town Manager or his/her designee within ten (10) working days after receiving a written decision at Step One. The Town Manager or his/her designee shall meet with the grievant and may include other persons involved in the grievance. The grievant may be accompanied by his/her representative. Additional meetings may be held as per mutual agreement. The Town Manager of his/her designee shall communicate his/her decision to the grievant in writing within ten (10) working days after receiving the grievance (unless there is a mutually agreed upon extension of time), which answer shall be final and binding on the grievant unless it is timely appealed in accordance with the procedures set forth in Step Three. Step Three. Any grievance as defined in these rules that has been properly and timely processed through the Grievance Procedures set forth in this section and that has not been settled at the conclusion thereof, may be appealed to a grievance hearing by the aggrieved party or their designee in writing. The failure to appeal a grievance to a grievance hearing in accordance with this Section in writing, within ten (10) working days after receipt of the written answer of the Town at Step Two of the Grievance Procedure shall constitute a waiver of the aggrieved party's right to appeal to this hearing, and the written answer of the Town at Step Two of the Grievance Procedure shall be final and binding on the aggrieved employee and the Town. Upon receipt of a properly filed request for a grievance hearing, the Town Council may select a Hearing Officer from the community who shall not be an employee of the Town and who shall also be approved by the aggrieved. The Hearing Officer shall establish a hearing date(s) as may be needed. The hearing officer shall be requested to render his/her decision within thirty (30) working days of the hearing, receipt of the transcription, or the briefs. The Hearing Officer's compensation and expenses shall be born equally by the aggrieved and the Town. Upon conclusion of the Hearing Officer's deliberations, that officer shall forward a written report of the record and decision to the To,~q~ Council fbr their review. A majority of the Town Council may determine that the matter shall be heard in its entirety before the Town Council. Should the Town Council not make that determination, then the decision of the Hearing Officer stands as written. The Town Council may choose to hear the entire issue without a hearing officer, at its discretion. Town of Truckee Resolution Page 20 SEC. 9. Amendment and Revision of Rules: Amendments and revisions may be suggested by an interested party and shall be submitted through the Personnel Officer. Proposed amendments or revisions to these rules shall be publicly posted for at least five consecutive days prior to consideration by Town Council. Advance notice on such proposed amendments or revisions will be given to recognized employee organizations on any amendments or revisions which affect them. During the process of consideration any recognized employee organization shall be consulted or any amendment or rule which affects them, and any other interested party may appear and be heard by the Town Council. Amendments and revisions shall become effective upon adoption by the Town Council, unless otherwise specified. SEC. 10. Memorandum of Understanding: In any case where the provisions of these Rules are in conflict with the provisions of a duly executed memorandum of understanding, the memorandum of understanding shall be controlling. The foregoing Resolution xvas introduced at a Regular Meeting of the Council of the Town of Truckee, held on the 20th day of July, 1995, by Council Member McCormack who moved its adoption, which motion being duly seconded by Council Member Drake was upon roll call carried and the Resolution adopted by the following vote: AYES: Council Members: Drake, Eagan, McCormack & Vice Mayor Carpenter NOES: None ABSENT: Mayor Cross eve A. Carpenter, vice ayor S e~ephen L?Wright, Tox~hq,)yl~rk