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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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.
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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
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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
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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
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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