HomeMy Public PortalAbout88-121AMENDED RESOLUTION NO. 88-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARSON AMENDING RESOLUTION 88-121 AND
ESTABLISHING BENEFITS FOR THOSE POSITIONS NOT
COVERED BY VARIOUS MEMORANDA OF
UNDERSTANDING, AS AMENDED.
THE CITY COUNCIL OF THE CITY OF CARSON HEREBY RESOLVES
AS FOLLOWS:
follows:
Section 1. Resolution 88-121 is amended to read as
ARTICLE I
DEFINITION OF TERMS
The following terms shall have the meanings set forth
in this article.
Section 1 - Acting Duty: The performance of a
temporary assignment by an employee in a classification with a
higher pay range than the employee's usual classification.
Department directors are not eligible for acting duty pay.
Section 2 - Classification: A position or positions
assigned to the same job title.
Section 3 - Dav: A calendar day.
Section 4 - Department Directors: An individual
assigned to any of the following classifications:
Director of Community Development
Director of Community Safety
Director of Finance and Administration
Director of Parks and Recreation
Director of Personnel
Director of Public Works
Deputy City Administrator
Section 5 - Confidential Employee: An individual
compensated through the city payroll and appointed to one of the
following classifications:
Administrative Program Specialist -City Administrator's
Office
Computer Systems Specialist
Personnel Analyst -Personnel Operations Division
Personnel Assistant -Personnel Operations Division
Executive Secretary
Stenographer Clerk -City Administrator's Office
Typist Clerk II -Personnel Operations Division
Chief Deputy City Clerk
Chief Deputy City Treasurer
Transcriber Typist -Personnel Operations Division
Senior Clerk -Personnel Operations Division
Typist Clerk I -Personnel Operations Division
Office Clerk -Personnel Operations Division
Section 6 - Unclassified Employee: Those employees
identified by Section 2903 of the Carson Municipal Code,
including:
City Administrator
Deputy City Administrator
Director of Community Development
Director of Community Safety
Director of Finance and Administration
Director of Parks and Recreation
Director of Personnel
Director of Public Works
Section 7 - Elected Officers: Those individuals
holding the position of City Clerk and City Treasurer.
Section 8 - Leave: An authorized absence from work.
Section 9 - Position: The duties and responsibilities
assigned to an employee within a classification.
Section 10 - Prevailing Pay Rate: The basic pay rate
within a pay range paid to an employee for the performance of the
duties of the classification.
Section 11 - Employee: An individual performing the
duties and responsibilities of the job titles listed in Sections
5 and 6 of this Article.
ARTICLE II
COMPENSATION
Section 1 - General Pay Rate Adjustment - Confidential
Employees: Effective July 1, 1988, the City shall adjust the
plan of compensation for confidential employees identified in
Article I, Section 5 by 4.4% above the plan of compensation in
effect for fiscal year 1987-1988. This shall apply only to
employees of the City as of the date of adoption of this
Resolution.
Section 2 - General Pay Rate Adjustment - Unclassified
Employees: Effective July 1, 1988, except as hereinafter
provided, the City shall adjust the compensation for the
unclassified employee positions identified in Article I, Section
6, upward by 4.4% above the compensation for such positions for
the fiscal year 1987-1988. Provided, however, that (i) such
adjustment shall be applicable only to department heads who are
currently employed by the City, and (ii) any unclassified
employee employed after July 1, 1988 will not be eligible for a
further cost of living adjustment until one year after date of
his or her employment.
Section 3 - City Clerk City Treasurer: Effective
July 1, 1987, the compensation for the City Clerk and City
Treasurer is adjusted upward by 4%, and effective July 1, 1988,
the compensation for the City Clerk and City Treasurer is
adjusted upward by 4.4% over the 1987-1988 compensation.
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890228 jLu A276.GRN (1)
Section 4 - Acting Duty Pay: This benefit shall not be
available to department directors or the City Administrator.
4.1 The City Administrator may appoint an employee to
acting duty status to perform the duties of a vacated or newly
created classification.
4.2 An employee may serve in an acting duty status
only until such time as the City Administrator makes a permanent
appointment to the classification, or until such time that the
incumbent employee returns to work.
4.3 An acting duty appointment may be effective for a
period of up to ninety (90) days except for unusual circumstances
as defined by the City Administrator. The City Administrator may
extend an acting appointment.
4.4 After satisfying the waiting period established in
subsection 4.6 below, an employee appointed to acting duty status
shall be paid a pay rate in the pay range for the acting duty
classification, and such acting duty pay rate shall be at least
5% more than the employee's prevailing pay rate immediately prior
to acquiring acting duty status. An employee shall not be paid
more than the maximum pay rate in the pay range for the acting
duty classification.
4.5 while serving in acting duty status, the employee
shall continue to receive any pay adjustments or advancements
granted to the employee's permanent classification.
4.6 An employee appointed to acting duty status shall
receive acting duty pay from the first day of the appointment, if
the appointment is for at least eight (8) hours.
4.7 An employee has the right to refuse any acting
assignment in writing with justification, as determined by the
Director of Personnel.
4.8 An employee appointed to acting duty status can
discontinue the acting duty assignment by notifying his immediate
supervisor in writing two (2) days in advance of the employee's
intention to return to regular status.
4.9 An employee may be removed from acting duty status
for a legitimate reason, at any time.
4.10 If an employee in a subordinate classification is
appointed to acting duty status in a higher classification and an
employee in a superior classification is bypassed, the employee
in the superior classification may submit a statement of
exception to the appointing authority through the Director of
Personnel.
Section 5 - Reimbursement: The city agrees to provide
elected officials and unclassified employees, excluding the City
Administrator and all clerical positions, except the position of
Executive Secretary, Chief Deputy City Clerk and Chief Deputy
City Treasurer, with six hundred dollars ($600.00) in
anticipation of expenditures such as annual physical, eye care,
books or other education materials, financial and legal
consultation fees, and professional development. Payments will
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890228 jlw A276.GRN (1)
be made through the payroll system within the first quarter of
each fiscal year.
Section 6 - Shift Differential Pay: Shift differential
pay to the position of computer systems specialist will continue
in force as follows:
6.1 When the employee is scheduled to work the first
shift, between the hours of 6:30 a.m. and 6:30 p.m., shift
differential shall not be paid.
6.2 When the employee is scheduled to work during the
second shift, between the hours of 2:00 p.m. and 11:00 p.m.,
shift differential pay calculated as 5% increase in the
employee's prevailing pay rate shall be paid.
6.3 When the employee is scheduled to work during the
third shift, between the hours of 11:00 p.m. and 7:00 a.m., shift
differential pay calculated as a 10% increase in the employee's
prevailing pay rate shall be paid.
6.4 Management shall be able to establish schedules
for the first, second and third shifts in accordance with the
city's operational requirements.
Section 7 - Advancement:
7.1 Advancement shall mean a pay rate increase given
to an employee contingent upon merit, within the pay range
established for the employee's classification. An employee's pay
rate increase shall be effective the first day of the payroll
period closest to the date the employee is granted the
advancement.
7.2 In addition, to those conditions provided for in
standard management procedures, confidential employees shall be
eligible for advancement when the employee's length of service in
their classification satisfies at a minimum the following
requirements•
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Rate
Rate
Rate
Rate
Rate
Rate
A
B
C
D
E
F
date of
6 mos.
12 mos.
after at
after at
after at
appoint-
after
after
least 12
least 12
least 12
ment
appt.
appt.
months in
months in
months in
Step C
Step D
Step E
Section
8 - Allowance For Mileage:
8.1 Except as otherwise provided in this section or
the City Administrator's Employment Agreement, the city shall
reimburse employees for use of their personal automobiles for
official city business at the rate of $.30 per mile.
8.2. The city shall reimburse department directors for
use of their personal automobiles for official city business at
the rate of three hundred dollars ($300.00) per month.
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890228 jlw A276.GRW (1)
Section 9 - Redemption of Accumulated Leave: Any
eligible employee covered by this resolution may redeem up to
eighty (80) hours of any accumulated leave in each calendar year
of this agreement. Sick leave shall be redeemed at a rate of one
(1) hour of pay for each two (2) hours of sick leave. All other
types of leave shall be redeemed at a rate of one (1) hour of
leave for one (1) hour of pay.
Section 10 - Redevelopment Agency Meeting Pay: The
city shall pay thirty dollars ($30.00) for attendance at each
adjourned or special Redevelopment Agency meeting to all persons
required to attend such meetings, except as otherwise provided in
the City Administrator's Agreement.
Section 11 - Overtime Compensation: Except for
department directors, the city shall provide employees with
overtime compensation subject to the Fair Labor Standards Act and
the following conditions:
11.1 Employees shall receive either pay, calculated at
one and one-half (1-1/2) times their prevailing pay rate, or
compensatory leave credited at one and one-half (1-1/2) hours,
for each hour of overtime work. Department directors shall have
the exclusive authority to schedule and authorize overtime work
and the city shall not compensate employees for unauthorized
overtime work. Department directors shall determine whether an
employee shall receive either pay or compensatory leave, if
eligible, as compensation for overtime work.
11.2 Except as otherwise provided, overtime work shall
be:
a. Work performed in excess of eight (8) hours
in a shift; or
b. Work performed in excess of forty (40) hours
in a work week;
C. Work performed on the first and second
scheduled days of rest;
d. Work performed at a time other than the
scheduled shift.
11.3 The first quarter hour of the first overtime hour
shall not be considered overtime work unless the employee works
more than a quarter hour of overtime. For purposes of
determining an employee's eligibility for overtime compensation,
authorized paid leave time shall be considered as hours of work.
11.4 When a department director decides that an
emergency exists and requires that employees work more than
four (4) hours between midnight and 8:00 a.m., such employee
shall receive, at the discretion of the department director,
either pay, calculated at two and one-half (2-1/2) times their
prevailing pay rate, or compensatory leave, credited at two and
one-half (2-1/2) hours, for each hour of emergency work. When
the department director requires that an employee work more than
eight (8) hours during an emergency, such employees shall not
return to work for at least (8) hours following completion of
their emergency work.
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890228 jlw A276.GRY (1)
11.5 Employees called in to work at a time other than
their scheduled shift shall receive overtime compensation for a
minimum of two (2) hours regardless of the number of hours
actually worked, except that if an employee does not report for
work within thirty (30) minutes after being called in, such
employee shall not be entitled to the two (2) hour minimum
compensation, but shall be compensated only for the time actually
worked.
ARTICLE III
INSURANCE AND RETIREMENT BENEFITS
Section 1 - Health Insurance Premium:
1.1 During fiscal year 1988-89, the city shall pay up
' to but not to exceed the amount of three hundred forty dollars
and three cents ($340.03) per month for health insurance,
provided by the city, for each employee, unclassified employee,
elected official and eligible dependents.
Section 2 - Dental Insurance Premium: During fiscal
year 1988-89, the city shall pay up to but not to exceed the
amount of forty-three dollars and sixty-eight cents ($43.68) per
month for dental insurance provided by the city for each
employee elected official and eligible dependents.
Section 3 - Life Insurance Premium: The city shall
provide each employee and elected official with term life
insurance coverage of not less than one hundred thousand dollars
($100,000.00) effective July 1, 1988. All employees and elected
officials shall have the right to purchase additional life
insurance through city sponsored programs using monies remaining
from the sum originally provided by the city for the employees'
health insurance.
Section 4 - Lona Term Disability Insurance Program:
The city shall pay the full cost of long term disability
insurance, provided by the city, for each employee and elected
official. The city shall provide a long term disability
insurance program which does not require employees to use all of
their accumulated sick leave before being eligible to receive
long term disability benefits. The long term disability
insurance program may require an employee to be substantially
disabled for sixty (60) calendar days before the employee may
receive long term disability benefits. During such sixty (60)
calendar day waiting period, at the employee's discretion, the
employee may use any accumulated vacation leave, sick leave,
compensatory leave, personal leave or administrative leave in
order to continue to receive the employee's regular salary or the
employee may be on a leave of absence without pay.
Section 5 - Maintenance Of Insurance Benefits: The
city shall maintain employee insurance benefits comparable to
those in effect as of June 30, 1986 for health, dental, long term
disability, and life insurance until such time as the city
implements the insurance benefits provided for in this Article.
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890228 jlu A276.GRW (1)
Section 6 - Public Employees Retirement System (PERS)
Insurance•
6.1 The city shall include eligible employees in the
Public Employees Retirement System (PERS) 2% at 60 plan and
specified optional public agency contract provisions.
6.2 The city shall provide the following optional
contract provisions:
a. The optional contract provision relating
to one year final compensation:
b. The optional contract provision relating
to military service credit as public service;
C. The optional contract provision relating
to the 1959 Survivors Program;
d. The optional contract provision relating
to city payment of the employee's normal member contribution so
long as the normal member contribution established by the Public
Employees Retirement System does not exceed 7% of the employee's
salary. In the event the amount of normal member contribution
exceeds 7% of the employee's salary, the employee shall be
personally responsible for making any such additional member
contribution.
Section 7 - Deferred Compensation Programs: The City
shall continue to sponsor deferred compensation programs. An
employee or elected official other than City Council members
shall have the right to deposit an amount of wages and/or monies
remaining from the sum provided for health insurance, subject to
Federal and State tax laws, into City deferred compensation
programs.
ARTICLE IV
SAFETY
Section 1 - Safety Responsibilities:
1.1 The city shall make a good faith effort to provide
and maintain a safe and healthful place of employment.
1.2 The city shall encourage employees to perform
their assigned duties safely using the practices, means, methods,
operations, and processes prescribed by law, occupational safety
or health standard, safety order, or safety rule and regulation.
Employees shall report any unsafe practices, equipment, or
hazardous conditions promptly to their immediate supervisor.
1.3 The city shall not require nor permit any employee
to go or be in any employment or place of employment not
reasonably safe and healthful.
1.4 The city shall not discipline any employee for
refusing to perform tasks in the performance of which any law,
occupational safety or health standard, or safety order would be
violated, and if such violation would create a real or apparent
hazard to the employee.
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890228 jLw A276.GRW (1)
Section 2 - Safety Devices And Safeguards: The city
shall furnish and the employee shall use safety devices and
safeguards. The city shall adopt and use practices, means,
methods, operations, and processes which are reasonably adequate
to render city employment safe and healthful.
ARTICLE V
CITY RIGHTS
Section 1 - Exclusive City Rights And Authority: The
city retains the exclusive right to manage and direct the
performance of city services and the work force performing such
services. The city retains the exclusive right to exercise its
right to manage and direct the performance of the city services
and the work force performing such services. The following
matters shall not be subject to the meet and confer process, but
shall be within the exclusive authority of the city. The
unclassified and confidential employees have no rights to meet
and confer on any of the city's rights or the effects of the
exercise of any of its rights.
The consideration of the merits, necessity, or
organization of any service or activity conducted by the city
shall include but not be limited to the city's right to:
a. Determine issues of public policy;
b. Determine and change the facilities, methods,
means, and personnel by which city operations are to be
conducted;
C. Expand or diminish services;
d. Determine and change the number of locations,
relocations, and types of operations and processes and materials
to be employed in carrying out all city functions, including but
not limited to the right to subcontract any work or operation;
e. Determine the size and composition of the work
force, to assign work to employees in accordance with
requirements as determined by the city, and to establish and
change work assignments;
f. Determine job classifications;
g. Appoint, transfer, promote, demote and lay off
employees for lack of work or other appropriate reasons;
h. Initiate disciplinary action for legitimate
reasons;
i. Determine policies, procedures, and standards for
selection, training, and promotion of employees;
j. Establish employee performance standards,
including but not limited to quality and quantity standards;
k. Maintain the efficiency of governmental
operations;
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890228 j(w A276.GRW (1)
1. Exercise complete control and discretion over its
organization, and the technology of performing its work and
services;
M. Establish reasonable work and safety rules and
regulations in order to maintain the efficiency and economy
desirable in the performance of city services;
n. Determine any and all necessary actions to carry
out its missions in emergencies.
The exclusive decision making authority of the city on
matters involving city rights and authority shall not be in any
way, directly or indirectly, subject to the grievance procedure.
The employee may grieve the impact of the exercise of exclusive
city rights and authority that directly relate to matters not
reserved to the city.
Section 2 - Concerted Refusal To Work:
2.1 If an employee participates in any manner in any
strike, work stoppage, slowdown, sick -in or other concerted
refusal to work or participates in any manner in any picketing or
impediment to work in support of any such strike, work stoppage,
slowdown, sick -in or other concerted refusal to work or induces
other employees of the city to engage in such activities, such
employee shall be subject to discharge by the city.
2.2 The city shall not lock out employees.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 1 - Department Directors: The authority of the
city to institute disciplinary action against department
directors and the rights of department directors with respect to
such disciplinary action shall be governed by the provisions of
Ordinance No. 78-455 of the city amending the Carson Municipal
Code, Chapter, 9, Article II, Section 2903.
Section 2 - Leaves, Holidays And Benefits:
2.1 Court Service. Employees summoned to any court to
perform jury service, or to provide testimony regarding events
observed in the course and scope of their employment, or as
directed by the city council's designee, shall be paid their
prevailing pay rate during such court service.
2.2 Vacation Leave. The city shall provide employees
with vacation leave subject to the following conditions:
a. Department directors have the exclusive
authority to assign vacation leave. Unless the employee's use of
vacation leave interferes with departmental operations, the
department director shall permit employees to use vacation leave
at the employee's discretion.
b. Employees shall be credited with vacation
leave at the following rates:
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890228 jlw A276.GRW (1)
i. Eight (8) hours for each month of
service or major portion thereof from the date of appointment;
ii. Ten (10) hours for each month of service
or major portion thereof upon commencement of the employee's
sixth year of service; and
iii. Thirteen and thirty-three hundredths
(13.33) hours for each month of service or major portion thereof
upon commencement of the employee's eleventh year of service.
C. Employees shall not be credited with vacation
leave for leaves of absence without pay exceeding eighty (80)
working hours in any calendar month.
d. Employees may use vacation leave only after
completing their initial six (6) months of service. Employees
shall not use less than one (1) hour of vacation leave at any one
time.
e. Employees may carry over to the next
calendar year up to three hundred sixty (360) hours of vacation
leave. All vacation leave accrued in excess of three hundred
sixty (360) hours shall be used within the calendar year in which
the employee accrued such excess vacation leave. Exceptions to
this rule may be approved by the City Administrator.
2.3 Sick Leave. The city shall provide employees with
sick leave subject to the following conditions:
a. Employees shall be credited with sick leave
at the rate of eight (8) hours of sick leave for each month of
service or major portion thereof. Sick leave shall not be
credited for leaves of absence without pay exceeding eighty (80)
working hours in any calendar month.
b. Employees may accrue a maximum of one
thousand forty (1,040) hours of sick leave hours. Employees may
use accrued sick leave only after completing their initial month
of service.
C. Employees may not use sick leave at their
discretion, but only in cases of actual personal sickness. Sick
leave may also be used for medical and dental appointments, and
pregnancy.
d. When an employee uses sick leave, a
department director may require the employee to present upon
return to work a personal certification stating the reason for
such sick leave. When an employee uses sick leave in excess of
twenty-four (24) consecutive working hours, the employee shall
present upon return to work a medical certification signed by a
physician or licensed medical practitioner stating the reason
for such sick leave.
e. When an employee wishes to use accrued sick
leave, the employee shall notify the department director either
before, or within one (1) hour after the time set for beginning
the work period, of the intended absence due to sickness, unless
the employee is incapacitated and physically unable to provide
the required notification. Employees on sick leave shall
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890228 jlw A276.GRW (1)
regularly inform the department director of their physical
condition.
f. When an employee separates from the city
service for whatever reason the employee shall be compensated for
one-half (1/2) the value of accrued sick leave. The value of
accrued sick leave shall be calculated using the employee's
prevailing pay rate on the date of the employee's separation from
city service. A rejected probationary employee shall not be paid
for any accrued sick leave.
g. The city shall provide unclassified employees
with thirty (30) days of sick leave at the time of hire. Sick
leave advanced to unclassified employees under this section shall
be considered to be loaned to the employee and the employee shall
not accrue ,additional sick leave for a thirty (30) month period.
2.4 Holiday Leave. The city shall provide employees
with the following holidays with pay subject to the following
conditions:
a. January 1st;
The third Monday in January;
The third Monday in February;
The last Monday in May;
July 4th;
The first Monday in September;
November 11th;
Thanksgiving Day;
The Friday following Thanksgiving Day;
December 25th;
Three (3) floating holidays;
Every day proclaimed by the President,
Governor, or Mayor of this City as a public
holiday.
b. When any day granted as a holiday falls on a
Saturday or a Sunday, the preceding Friday or following Monday
respectively shall be considered the holiday. In order to be
paid for a holiday, the employee must work the scheduled work
period immediately before the holiday unless the employee is
absent from the scheduled work period immediately before the
holiday on authorized paid leave.
C. In the event that the mayor or the city
council declares a portion of the day before Christmas (December
24th) or a portion of the day before New Year's Day (December
31st) to be a holiday, the employee must use such additional
holiday leave when granted, and such leave cannot be accrued.
Employees absent on other paid leave when such additional holiday
leave is granted shall not receive compensatory leave or
additional pay because of their absence.
d. Floating holiday leave shall be provided to
employees subject to the following conditions:
i. The employee's immediate supervisor has
the exclusive authority to approve floating holiday leave.
Unless the employee's use of floating holiday leave interferes
with departmental operations, the employee's immediate supervisor
shall permit employees to use floating holiday leave at the
employee's discretion.
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890228 jlw A276.GRW (1)
ii. Employees shall not use less than one
(1) hour of floating holiday leave at any one time.
iii. Employees are encouraged to use floating
holiday leave during the fiscal year. However, holiday leave
shall be converted to vacation leave if not used by the end of
the fiscal year.
iv. When an employee separates from the city
service for any reason, the city shall compensate the employee
for any floating holiday leave not taken for floating holidays
occurring prior to their separation date.
V. New employees will be credited with
floating holiday leave for floating holidays which occur
subsequent to their date of hire.
2.5 Administrative Leave. The city shall provide
unclassified employees (except as otherwise provided in the City
Administrator's Agreement) with administrative leave as time off
from work, instead of pay or compensatory leave credit for
overtime work, subject to the following conditions:
a. Unclassified employees shall be credited with
twenty (20) hours of administrative leave per month.
Unclassified employees may carry over to the next calendar year
up to eighty (80) hours of administrative leave. All admin-
istrative leave accrued in excess of eighty (80) hours shall be
used within the month in which the employee accrues such excess
administrative leave.
b. An unclassified employee shall use
administrative leave only upon written approval of his immediate
supervisor.
C. When an unclassified employee separates from
the city service for any reason, the city shall compensate the
employee for any accrued administrative leave up to a maximum of
eighty (80) hours. The value of accrued administrative leave
shall be calculated using the employee's prevailing pay rate on
the date of his separation from city service.
2.6 Compensatory Leave. The city shall provide
employees exempt from the provisions of the Fair Labor Standards
Act with compensatory leave (except as otherwise provided in the
City Administrator's Agreement) subject to the following
conditions:
a. An employee exempt from the Fair Labor
Standards Act shall request use of compensatory leave in advance
by a written notice submitted to his supervisor. An employee
shall not use less than one (1) hour of compensatory leave at any
one time. Compensatory leave shall only be used at the
discretion of the employee's supervisor. An employee may
combine the use of compensatory leave with other authorized paid
leave if approved by the employee's department director.
b. An employee shall not accrue more than fifty
(50) hours of compensatory leave. An employee may carry over to
the next calendar up to fifty (50) hours of compensatory leave.
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890228 jtw A276.GRW (1)
C. When an employee separates from the city
service for any reason, the employee shall be compensated for any
accrued compensatory leave. The value of accrued compensatory
leave shall be calculated using the employee's prevailing pay
rate on the date of the employee's separation from city service.
2.7 Work Disability Leave. The city shall provide
employees (except as otherwise provided in the City
Administrator's Agreement) with work related disability leave
subject to the following conditions:
a. Except as otherwise provided, an employee
substantially disabled by bodily injury or sickness in the course
and scope of employment shall be paid his regular pay rate for
up to twenty six (26) weeks from the date of disability, or until
the city's workers compensation insurance carrier terminates
temporary disability payments either by means of a lump sum
settlement or a retirement with pension, whichever occurs first.
b. When an employee receives workers compen-
sation payments, the city shall pay the employee only the
difference between such workers compensation payments and the
employee's regular pay rate. During the time the employee is
substantially disabled, the employee shall continue to accrue
vacation leave, sick leave, personal leave, administrative leave,
and seniority for purposes of pay adjustments or advancements.
2.8 Long Term Disability Leave. The city shall
provide employees (except as otherwise provided in the City
Administrator's Agreement) with long term disability leave
subject to the following conditions:
a. Employees substantially disabled by bodily
injury or sickness outside the course and scope of employment and
employees still substantially disabled after twenty six (26)
weeks of work disability leave are eligible for long term
disability leave.
b. After a sixty (60) day waiting period of
substantial disability, the employee is eligible to receive a
monthly disability income, reduced by any deductible benefits, as
specified in the city's long term disability insurance program.
C. Pregnant employees shall be eligible for long
term disability leave subject to the same terms and conditions as
any other employee substantially disabled by bodily injury or
sickness outside the course and scope of employment.
2.9 Military Leave. The city shall grant military
leave to employees as provided in California Military and
Veterans Code Sections 389 through 395. Employees on ordered
military leave shall be paid their regular pay rate in addition
to their military pay.
2.10 Leave of Absence Without Pay. The appointing
authority has the exclusive authority to approve an employee's
request for a leave of absence from work, without pay. A leave
of absence without pay shall not be approved unless the employee
provides the appointing authority with a written reason for the
request. If the appointing authority approves a leave of
absence without pay for a period of ten (10) working days or
less, the employee shall not lose any seniority during the leave
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890228 jlu A276.GRN (1)
of absence. After the expiration of an approved leave of absence
without pay, the employee shall be reassigned to his former
classification.
2.11 Time Off for Voting. The city shall provide
employees with time off for voting subject to the following
conditions:
a. When an employee claims not to have
sufficient time outside of working hours to vote at a statewide
election, the employee may, without loss of pay, with the
approval of the Director of Personnel, take off enough working
hours which when added to the voting hours available outside of
working hours will enable the employee to vote. The Director of
Personnel may not authorize an employee to take off more than two
(2) hours from work for voting with pay. The time off authorized
for voting shall be only at the beginning or end of a work
period, whichever allows the employee the most time for voting
and the least time off from work.
b. If the employee knows or has reason to
believe that time off for voting shall be necessary on election
day, the employee shall notify the Director of Personnel of that
fact at least two (2) work periods in advance. At least ten (10)
days before every statewide election, the Director of Personnel
shall post the provisions of this section conspicuously at the
civic center or elsewhere so that the notice may be seen as
employees come or go to their place of work.
2.12 Personal Leave. The city shall provide employees
other than department directors with personal leave subject to
the following conditions:
a. Effective January 1st of each year, employees
shall be credited with forty (40) hours of personal leave.
Employees appointed after January 1st shall be credited with
personal leave upon appointment on a pro rata basis. Employees
may use forty (40) hours of personal leave upon advance notice to
the employee's immediate supervisor. Personal leave is for any
purpose and, unless the employee's use of personal leave
interferes with departmental operations, the employee's immediate
supervisor shall permit the employee to use personal leave at
the employee's discretion.
b. Personal leave shall be forfeited if not used
by the employee during the calendar year. An employee may use
personal leave along with any other authorized paid leave with
the approval of the department director. An employee shall not
use less than one (1) hour of personal leave at any one time.
Section 3 - Discretionary Leave: All discretionary
leave taken by department directors shall be approved, in
advance, by the City Administrator.
Section 4 - Legal Counsel: The city agrees to provide
legal counsel for employees in matters in which an employee must
provide a legal defense for job related matters other than a
grievance.
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890228 jlw A276.GRW (1)
ARTICLE VII
MODIFICATION AND DURATION
Section 1 - Modification And Waiver: This Resolution
contains all the terms, covenants and stipulations of employment
for unclassified, confidential and elected officials (except as
otherwise provided in individual agreements) and supersedes all
prior resolutions and practices. The city's Personnel Rules do
not apply to unclassified persons covered by this Resolution.
Except as provided in Article V. Section 1 of this Resolution and
subject to the provisions of the city's Municipal Code, the city
and the persons covered by this Resolution may, upon mutual
agreement, meet and discuss any subject or matter covered by this
Resolution.
Section 2 - Severability: In the event that any
article, section, or subsection of this Resolution shall be
declared invalid by any court or any state or federal law or
regulation, or should a decision by any court or any state or
federal law or regulation diminish the benefits provided by this
Resolution, or impose additional obligations on the city, the
city and the employees shall discuss the affected article,
section or subsection. In such event, all other articles,
sections or subsections of this Resolution not affected shall
continue in full force and effect.
Section 3 - Duration:
3.1 This Resolution shall be binding on the city and
the employees when adopted by city council.
3.2 Except as otherwise provided herein, this
Resolution shall be in full force and effect from the first day
of July, 1988 and shall remain in full force and effect up to
and including the 30th day of June, 1989."
PASSED, APPROVED AND ADOPTED this
1988.
ATTEST:,
404
--Ir
CITY CZERK
APPROVED AS TO FORM:
CVTY ATTORNEY
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890228 jlu A276.GRW (1)
1st day of
December
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson,
California, do hereby certify that the whole number of members of
the City Council of said City is five; that the foregoing
resolution, being Resolution No. 88- 121 was duly and regularly
adopted by the City Council of said City at an adjourned regular
meeting of said Council, duly and regularly held on the 1st day
of December , 1988, and that the same was so passed and adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL
MEMBERS:
Anderson, DeWitt, Mitoma and Calas
COUNCIL
MEMBERS:
None
COUNCIL
MEMBERS:
None
COUNCIL
MEMBERS:
Muise
City Cl
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890228 jlw A276.GRW (1)
, C
a