HomeMy Public PortalAbout93-013 RESOLUTION NO. 93-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON
ESTABLISHING BENEFITS FOR THOSE POSITIONS NOT COVERED BY
VARIOUS MEMORANDA OF UNDERSTANDING
THE CITY COUNCIL OF THE CITY OF CARSON HEREBY RESOLVES
AS FOLLOWS:
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 - DAY:
A calendar day.
SECTION 4 -DEPARTMENT DIRECTORS:
An individual assigned to any of the following classifications:
Director of Community Development
Director of Engineering Services
Director of Facilities & Maintenance
Director of Finance
Director of Public Safety
Director of Recreation & Community Services
Deputy City Administrator
SECTION 5 - CONFIDENTIAL EMPLOYEE:
An individual compensated through the City payroll and appointed to one of the following
classifications:
Personnel Manager
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 Engineering Services
Director of Facilities & Maintenance
Director of Finance
Director of Public Safety
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Director of Recreation & Community Services
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:
The city agrees to repay those employees currently employed with the city the thirty (30) hours
of pay lost due to the furlough agreed to in fiscal year 1991-92. The employee must have lost
the thirty (30) hours of pay to be eligible for the repayment.
SECTION 2 - GENERAL PAY RATE ADJUSTMENT -UNCLASSIFIED EMPLOYEES:
The city agrees to repay those employees currently employed with the city the thirty (30) hours
of pay lost due to the furlough agreed to in fiscal year 1991-92. The employee must have lost
the thirty (30) hours of pay to be eligible for the repayment.
SECTION 2A - CITY ADMINISTRATOR PROVISIONS:
All provisions of this resolution apply to the City Administrator with the exception of
automobile allowance which is contained in a separate contract.
SECTION 3 - CITY CLERK/CITY TREASURER:
The compensation for the City Clerk/City Treasurer is established pursuant to Article H,
Chapter 2, Section 2207 of the City of Carson Municipal Code.
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.
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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 Personnel Manager.
4.8 An employee appointed to acting duty status can discontinue the acting duty
assignment by notifying his or her 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-RE]AMURSEMENT:
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 dollar ($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
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 a 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 S - 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
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personal automobiles for official city business at the rate of$.35 per mile, effective
February 1, 1993.
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.
SECTION 9 - REDEMPTION OF ACCUMULATED LEAVE:
Any eligible employee covered by this resolution my 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;
b. Work performed in excess of forty (40) hours in a work week;
C. Work performed on the first, second and third 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 eight (8) hours following the completion of their emergency work.
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:
Effective August 1, 1992, the city shall pay up to, but not to exceed the amount of four
hundred seventy two dollars and three cents ($472.03) per month for health insurance, for each
confidential employee, unclassified department director, elected official and eligible
dependents.
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SECTION 2 - DENTAL INSURANCE PREMIUM:
For the duration of this resolution, the city shall pay up to, but not to exceed the amount of
fifty-seven dollars and twenty-seven cents ($57.27) per month for dental insurance provided by
the city for each confidential employee, unclassified department director, 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 term life insurance
through city sponsored programs using monies remaining from the sum originally provided by
the city for the employees' health insurance.
SECTION 4 - LONG 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.
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.
SECTION 8 - VISION CARE PLAN:
The city shall sponsor a Vision Care Plan for confidential employees and unclassified
Department Directors. Employees shall pay the premium for the Vision Care Plan and
increases in the premium for the duration of the resolution. Employees may use their left over
health insurance monies to pay the premium for Vision Care.
ARTICLE IV
SAFETY
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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.
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.
SECTION 3 - USE OF VETERANS PARK SPORTS COMPLEX:
Effective August 1, 1992, all city employees and their families shall be entitled to use all
facilities and programs at Veterans Sports Complex at the rates below:
Employee - $100.00 per year
Employee and family - $150.00 per year
For the purposes of this section, family shall mean those family members eligible for coverage
under the PERS Health Insurance provided by the city.
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;
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h. Initiate disciplinary action for legitimate reasons;
i. Determine policies, procedure, 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;
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 employees 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
rvHSCELLANEOUS 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 employees' use of vacation leave interferes with
departmental operations, the department director shall permit employees
to use vacation leave at the employees' discretion.
b. Employees shall be credited with vacation leave at the following rates:
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,
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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 four hundred
(400) hours of vacation leave. All vacation leave accrued in excess of
four hundred (400) 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 ten (10) 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 certificate 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
regularly inform the department director of their physical condition.
L 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 lst;
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;
December 25th;
Three (3) floating holidays;
Every day proclaimed by the President, Governor,
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or Mayor of this city as a public holiday
b. When any day granted as a holiday falls on a Friday, Saturday or
Sunday, the following Monday shall be considered the holiday. In order
to be paid for the 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.
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 administrative 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 not 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 not 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.
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b. An employee shall not accrue more that fifty (50) hours of compensatory
leave. An employee may carry over to the next calendar up to fifty (50)
hours of compensatory leave.
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' compensation 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 sick (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 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 Personnel Manager, take off enough
working hours which when added to the voting hours available outside of
working hours will enable the employee to vote. The Personnel
Manager 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.
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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
Personnel Manager of that fact at least two (2) work periods in advance.
At least ten (10) days before every statewide election, the Personnel
Manager shall post the provision 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.
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 confidential employees and
unclassified Department Directors 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, 1992 and shall remain in full force and effect up to and
including the 30th day of June, 1993.
3.3 This resolution supersedes Resolution 88-121, as amended by Resolutions 89-096
and 89-111.
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PASSED, APPROVED AND ADOPTED this end day of February , 1993.
MIC4AEL I. miTbmA
MAYOR
ATTEST
HELEN KAWAGO�
CITY CLERK
APPROVED AS TO FORM
40 ly, Nar A.5 re C&A,-rew r
—TCITY ATTORNEY
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 four; that the foregoing
resolution, being Resolution No. 93-013 was duly and regularly adopted by the City Council
of said City at a regular meeting of said Council, duly and regularly held on the 2nd day of
February, 1993, and that the same was so passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Calas, Fajardo, Muise-Perez and Mitoma
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
C&Qj'� �
City Clerk, City of Carson California
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