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HomeMy Public PortalAboutResolution 92-3204 Personnel Rules and Regulations 1993-01-191 1 RESOLUTION NO. 93 -3204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA APPROVING AND ADOPTING THE CITY OF TEMPLE CITY'S PERSONNEL RULES AND REGULATIONS. WHEREAS, pursuant to the Temple City Municipal code, Article II, Chapter 3, Personnel Rules and Regulations have been prepared for the administration of the personnel system in the City of Temple City; and WIREAS, the Personnel Rules & Regulations provide a solid foundation for the administration of fair and consistent personnel policies; and WHEREAS, the Personnel Rules and Regulations also serve as a vehicle to communicate policies and procedures to employees of the City and provide guidance to supervisors in the administration of the personnel system; and WHEREAS, the Personnel Rules and Regulations have been reviewed by the appropriate authorities and is now ready for adoption: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Temple City does hereby approve and adopt the City of Temple City's Personnel Rules and Regulations as set forth in the attached documentation (Exhibit A) prepared by City staff and reviewed by the City Attorney. SECTION 2. That the City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED on the 19th day of January 1993. I, City Clerk of the City of Temple City hereby certify that the foregoing resolution, Resolution No. 93 -3204, was adopted by the City Council of the City of Temple City at a regular meeting held on the 19th day of January 1993, by the following vote: AYES: Councilmember - Budds, Wilson, Manning NOES: Councilmember -None ABSENT: Councilmember- Breazeal, McGowan ty Clerk 1 1 1 1 1 CITY OF TEMPLE CITY PERSONNEL RULES AND REGULATIONS January 1993 TABLE OF CONTENTS DEFINITION OF TERMS 3 RULE 1 - GENERAL PROVISIONS 5 RULE 2 - AFFIRMATIVE ACTION 7 RULE 3 - CLASSIFICATION PLAN 8 RULE 4 - EXAMINATION 10 RULE 5 - METHOD OF FILLING VACANCIES 11 RULE 6 - APPLICATIONS AND APPLICANTS 12 RULE 7 - PROBATIONARY PERIOD 13 RULE 8 - TRANSFER, PROMOTION AND DEMOTION 14 RULE 9 - DRUG -FREE WORKPLACE 16 RULE 10 - HARASSMENT POLICY 18 RULE 11 - RELATIONSHIP OF EMPLOYEES OF THE CITY 19 RULE 12 - WORKING CONDITIONS 20 RULE 13 - ATTENDANCE & LEAVES 21 RULE 14 - GRIEVANCE PROCEDURES 26 RULE 15 - DISCIPLINARY ACTIONS 28 RULE 16 - SEPARATION FROM SERVICE 31 RULE 17 - UNIFORMS 32 RULE 18 - OFFICIAL TRAVEL 33 RULE 19 - OUTSIDE EMPLOYMENT 34 RULE 20 - COMPENSATION 35 RULE 21 - SALARIES AND BENEFITS 36 Appendix TABLE I - FULL TIME SALARY SCHEDULE TABLE II - PART TIME SALARY SCHEDULE 1 1 1 1 1 1 DEFINITION OF TERMS The following terms, whenever used herein shall be defined as follows: "Advancement:" A salary increase of one or more steps within the limits of the pay range established for a class. "Allocation:" The official determination of the class in which a position shall be deemed to exist and the assignment of an individual position to an appropriate class on the basis of the duties performed, and the authority and responsibilities exercised. "Anniversary Date:" The date of hire or promotion; generally, the first day of employment with pay. "Appointing Power:" The City Manager shall be the appointing authority for all positions within the City except those directly appointed by the City Council or subject to election. "City:" The City of Temple City. "City Service:" All positions in all departments and offices of the City of Temple City that are subject to control and regulations by the Appointing Authority of the City of Temple City. "Class:" All positions sufficiently similar in duties, authority, and responsibility, and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion, and salary. "Compensation:" The salary, wage allowances and all other forms of valuable considerations, earned by or paid to any employee by reason of service in any position, but does not include allowances authorized and incurred as incidents to employment. "Continuous Service:" Employment with the City without break or interruption. Neither vacation leave, sick leave, bereavement leave, maternity leave, military leave, jury leave, nor other leaves of absences, if the employee returns to work within 120 days, whether with or without pay, shall be construed as a break or interruption in employment. "Council:" The City Council of the City of Temple City. "Demotion:" The movement of an employee from one class to another class having a lower maximum rate of pay. "Discipline :" The punishment of an employee by method of written reprimand, demotion, suspension, withholding of pay, reduction of pay, dismissal, or any other punitive measure. "Dismissal:" Discharge or termination of employment. "Employee:" A person legally occupying a position in the City service. 3 "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, admission to the examination being limited to permanent or probationary employees in the City service who meet the qualifications for the class. "Permanent Employee:" An employee who has successfully completed his/her probationary period and has been retained as hereafter provided in these rules. "Personnel Officer:" The City Manager or a duly authorized representative. "Position:" A group of current duties and responsibilities assigned or delegated by competent authority, requiring the full or part -time services of one person. "Probationary Period:" A working test period of 12 months during which an employee is required to demonstrate his fitness for the duties to which he is appointed by actual performance of the duties of the position. "Promotion:" The movement of an employee from one position to another which is allocated to a class having a higher maximum rate of pay. "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 on a temporary basis. "Reinstatement: " The re- employment without examination of a former permanent employee within two years following his/her resignation from the City service. "Relocation:" A reassignment or change in allocation of an individual position by raising it to a higher class, reducing it to a lower class or moving it to another class, at the same level on the basis of substantial changes in the kind, difficulty or responsibility of duties performed in such position. "Suspension:" The temporary separation from City service of an employee without pay, for disciplinary purposes. "Title, Class Title or Title of Class:" The designation given to, or name applied to, a class or to each position allocated to the class and to the legally appointed incumbent of each position allocated to the class. Its meaning is set forth in the corresponding class specification. "Transfer:" A change of an employee from one position to another position in the same class or in a comparable class, or from one department to another. 4 1 1 1 1 1 1 RULE 1 - GENERAL PROVISIONS SEC. 1 "Objectives:" The objectives of these Rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management. These Rules define the obligations, rights, privileges, benefits and prohibitions which are placed upon all employees in the City service of the City. Excluded from coverage of these Rules are: • Elective Officers • City Attorney • City Manager • Members of appointive boards, commissions and committees • Persons engaged under contract to supply expert professional or technical services for a definite period of time Permenant part -time, temporary and seasonal employees are excluded from coverage of Rule 6, Section 4; Rule 7; Rule 8, Section 2 and 3; Rule 12, Section 1; Rule 13; Rule 14; Rule 15; Rule 21, Sections 1, 2B, 2C, 2D, 3, and 4. A. Employment by the City of Temple City shall be based on merit and fitness, free of personal and political considerations, and independent of a person's race, color, religion, national origin, sex, age, or disability as defined in applicable State and Federal laws. B. Continuation of employment by persons covered by these rules shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds. C. The City will comply with all Federal and State employment discrimination laws including, but not limited to, Title VII -Civil Rights Act of 1964, Section 504 - the Rehabilitation Act of 1973, the Americans with Disabilities Act, the Civil Rights Act of 1991, and the California Fair Employment and Housing Act. SEC. 2 "Authority:" These Rules are applicable to the City service as adopted pursuant to Article II, Section Three of the City's Municipal Code. The City Manager shall have authority to appoint, promote, discipline, demote and dismiss all employees of the City included in the City service. SEC. 3 "Organizational Rights:" In order to ensure that the City of Temple City shall have the ability to carry out its functions to provide continuing public services, the City retains the sole and exclusive right, responsibility and authority to determine its mission, purpose, objectives and policies not specifically abridged herein which shall include, but not be limited to the following. • To determine the standards and levels of services to be rendered; operations to be performed; utilization of technology, equipment and facilities; means and method of operations; overall budgetary matters including, but not limited to, the right to contract or sub - contract any work, services or operations of any department. • To determine the policy of all departments and agencies of the City including the right to manage and direct the affairs of all departments in all respects. • To direct and manage the employees of all City departments. 5 " To determine policies, procedures and standards for selection, training and promotion of employees. " To determine the appropriate job classifications, organizational structure and level of personnel by which the operations of all City departments are conducted. " To relieve employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or inefficient in terms of the utilization of resources to meet public needs. " To maintain the efficiency and effectiveness of government operations. " To determine the size and composition of all departments and to establish work schedules and assignments. " To establish performance standards for employees of City departments including, but not limited to, quality and quantity standards. " To maintain or adopt bona fide health plans which provide additional or greater benefits to employees with dependents than to employees with fewer or no dependents. Benefits shall not be conditioned upon whether an employee is "head of household," "principal wage earner," "secondary wage earner," or other similar status. " To take whatever actions may be necessary to carry out the mission of the City departments in situations of emergency. " To establish and promulgate rules and regulations, policies and procedures relating to productivity, efficiency, conduct and safety, as well as rules and regulations, policies and procedures designed to comply with applicable jurisdiction and legislative enactments. SEC. 4 "Personnel Actions:" Any action concerning an employee's appointment or change in the status of employment shall be processed on a Personnel Action Notice Form. Each Department Manager shall prepare such form according to procedures established by the Personnel Officer. Any appointments or change in the status of employment shall become effective upon action of the Personnel Officer. All employees shall receive a copy of any personnel action taken concerning their status of employment. SEC. 5 "Personnel Records:" The Personnel Office shall maintain a personnel file for each employee in the City service. Information contained in these files shall include class title, the department to which assigned, salary, changes in employment status, disciplinary actions and such other information as may be considered pertinent. An employee shall be entitled to review his/her personnel file upon notice to the Personnel Officer. SEC. 6 "Severability:" If any section, subsection, sentence, clause or phase of these articles is found to be illegal or unconstitutional, such findings shall not affect the validity of the remaining portions of these articles. SEC. 7 "Amendment and Revision of Rules:" Amendments and revisions shall become effective upon adoption by the City Council. SEC. 8 "Violation of Rules:" Violation of the provisions of these rules shall be grounds for discipline. 6 1 1 1 1 1 1 RULE 2 - AFFIRMATIVE ACTION SEC. 1 "Equal Employment Opportunity:" The City of Temple City will not discriminate in employment on the basis of race, color, religion, national origin, sex, age, disability, or marital status, and will ensure that all employment decisions are based on job - related criteria. SEC. 2 "Affirmative Action:" The City believes in and adheres to affirmative action principles and practices, and maintains compliance with the requirements of the State of California and other government agencies. Discrimination in any form, by employees of the City, will not be tolerated. 7 RULE 3 - CLASSIFICATION PLAN SEC. 1 "Allocation of Positions:" The classification of positions for the purpose of these rules shall be as adopted by the City Council. The Council at any meeting thereof and after consideration of a recommendation by the City Manager, may by resolution create new classes or divide, combine or abolish existing classes. The allocation of a position or positions to the proper classification shall be based upon common job characteristics, which shall include the following: • basic tasks performed • basic skills and abilities required • minimum education, experience and training considered prerequisite or preferred for standard performance • working conditions • amount and type of supervision given • amount and type of supervision exercised SEC. 2 "Amendment and Maintenance of Plan:" Whenever one or more new positions are under consideration for possible establishment or whenever, because of any revision in organization or methods, a significant change of the duties or responsibilities of any existing position is to be made which may require the reallocation of such position, or whenever a new class is created to which any position may more appropriately be allocated, or whenever, because of the abolishment or combination of any existing positions or classes, an amendment of the classification plan is required, the City Manager, upon his/her own initiative, or written request of any employee, may initiate an inquiry of the classification of any position. On the basis of such investigation, the City Manager shall recommend such changes as he /she deems appropriate to the Council. SEC. 3 "Use of Class Title:" The title of the class shall be generally descriptive of the type and level of work performed by the positions allocated to it. The official class title shall be used in all Personnel or other City documents applicable or referring to the class, its positions or the employees appointed to it. SEC. 4 "Class Specification Manual:" A Class Specification Manual containing descriptions of all job classifications currently in the City service shall be kept in the Personnel Office. The class description is intended to clearly set forth the basic work tasks, knowledge, skills, abilities, and minimum employment qualifications applicable to each classification. The specifications, shall not be construed as an all-inclusive list of tasks performed; or be interpreted as restricting the assignment of related tasks not specifically listed therein; or as limiting the authority of supervisory personnel to assign, direct and control the work of subordinate employees. Each class specification shall contain the following information: • the class title • a brief description of the scope, nature and responsibilities of the class • examples of typical tasks performed 8 1 1 1 1 1 1 • the knowledge, skills and abilities required • the minimum employment qualifications in terms of education, experience, training and personal or physical characteristics 9 RULE 4 - EXAMINATION 1 SEC. 1 "Nature and Types of Examination:" The selection techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subjects which, in the opinion of the Personnel Officer, 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. All tests will be job - related and consistent with business necessity as those terms are defined by the Americans with Disabilities Act of 1990. 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 interviews, interviews with representatives of other agencies (oral boards), performance tests, evaluation of daily work performance, work samples, medical tests, or any combination of these or other tests. SEC. 2 "Promotional E amination:" Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section one of this Rule or any combination of them. Only permanent or probationary employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations. 1 1 10 1 1 1 RULE 5 - METHOD OF FILLING VACANCIES SEC. 1 "Notice of Vacancy:" Whenever a vacancy in the City service is to be filled, the department manager shall notify the Personnel Office. If there is no reemployment list available for the class, the appointing power shall have the right to decide whether to fill the vacancy by reinstatement, transfer, demotion, promotion, or appointment from an open recruitment process. SEC. 2 " Appointment:" After interview and investigation, and upon recommendation by the department manager, the appointing power shall approve appointments and shall immediately notify the Personnel Officer of the persons appointed. The Personnel Officer will then make the offer for employment. The person accepting appointment shall present himself to the Personnel Officer, or his designated representative, for processing on or before the date of appointment. If the applicant accepts the appointment and presents himself for duty within such period of time as the appointing power shall prescribe, he shall be deemed to be appointed; otherwise, he shall be deemed to have declined the appointment. The initial compensation to be paid for employment in any position shall normally be Step One of the salary range. Where it is found to be difficult to obtain qualified personnel for a position or if a person of unusual qualifications is to be employed in a position, the City Manager may authorize hiring at a higher initial step. SEC. 3 "Provisional Appointment:" All vacancies in the City service shall be filled by appointment, transfer, demotion, reemployment, or reinstatement. In the absence of persons eligible for appointment in these ways, provisional appointments may be made by the appointing power of a person meeting the minimum training and experience qualifications for the position. No special credit shall be allowed in meeting any qualifications or in the giving of any test for service rendered under a provisional appointment. SEC. 4 "Immigration Reform and Control Act of 1987 (IRCA):" As a result of the Immigration Reform and Control Act of 1987, all persons hired after November 1, 1986, must provide proof of identity and the right to work in the United States. It is the policy of the City to abide by all legal requirements in the hiring of employees. Therefore, all Immigration and Naturalization Service (INS) procedures will be closely followed. The City will recruit, select, and hire applicants without regard to national origin or citizenship. After the applicant accepts employment, he /she will be required to establish his/her identity and employment eligibility in accordance with the regulations of the INS. 11 RULE 6 - APPLICATIONS AND APPLICANTS SEC. 1 "Announcement:" All vacancies and examinations for classes in the City service shall be publicized by posting announcements in the City Hall, on official bulletin boards, and by such other methods as the Personnel Officer deems advisable. The announcements shall specify the title and pay of the class for which the examination is announced; the nature of the work of the class; the manner of making applications; whether the position is at -will or regular, the time and place of examination if applicable and if known; the method of applying the closing date for the application if one has been established; and other pertinent information. SEC. 2 "Application Forms:" Applications shall be made as prescribed on the job vacancy announcement. Application forms shall require information covering training, experience, and other pertinent information, and may include certificates of one or more examining physicians, references and fingerprinting if appropriate. All applications must be signed by the person applying. SEC. 3 "Disqualifications:" The Personnel Officer shall reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position or is not a citizen of the United States, except when citizenship is not required by State law. Applications shall be rejected if the applicant is physically or psychologically unfit for the performance of the duties of the position to which the person seeks employment, as determined by a physician selected by the City and the City could not reasonably accommodate the applicant; has made any false statement of any material fact; or practiced fraud or deception in making the employment application. Whenever an application is rejected, notice of such rejection shall be given to the applicant by the Personnel Officer. Defective applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired. SEC. 4 "Pre- employment Physical Examination:" In order to be eligible for employment with the City of Temple City, candidates who have been granted a conditional offer of employment shall be required to pass a physical examination, the character of which shall be in accordance with standards consistent with applicable State and Federal laws. In the event that a candidate fails to pass such physical examination, the candidate's Department Manager and the Personnel Officer may allow said candidate to seek medical attention, at their own cost, to cure or eliminate the medical problem within a reasonable period of time, or the Department Manager may recommend to the Personnel Officer not to employ the candidate. 12 1 1 1 1 1 1 RULE 7 - PROBATIONARY PERIOD SEC. 1 "Objective of Probationary Period:" The probationary period shall be regarded as a part of the testing 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. 2 Probationary Periods /Appointments to Positions:" All original and promotional employee appointments shall be subject to a probationary period of not less than one year actual service, and may be extended an additional 90 days at the discretion of the City Manager. If a probationary employee's probationary period is extended, the employee shall be given written notice of the extension prior to the expiration of the probationary period. An oral or written review of progress shall be conducted by the supervisor after six months of service. 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. The department manager shall notify the Personnel Officer and the probationer concerned prior to the termination of any probationary period through a formal evaluation of on-the-job performance. SEC. 4 "Rejection Following Promotion:" An employee rejected during the probationary period from a position to which he /she was promoted shall be reinstated to the former position unless he /she is discharged for a reason which would have been sufficient to cause his/her discharge from his/her former position. SEC. 5 "Extension of Probationary Period for Absences from Work:" Absences from work for twelve (12) or more calendar days during the probationary period, regardless of the reason or cause for the absence, shall automatically, and without further notice provided to the employee, cause the probationary period to be extended by the total number of calendar days of the absence. Approved vacation leave will not be considered a break in service for purposes of this section. 13 RULE 8 - TRANSFER, PROMOTION AND DEMOTION SEC. 1 "Transfer:" A. Voluntary Transfer: A permanent employee may initiate a request to transfer to another position in the same or lower classification for which the employee is qualified in the opinion of the Personnel Officer by submitting a written request to transfer. If the department manager for whom the employee now works and the department manager for whom the employee wishes to work both approve the request for voluntary transfer, the employee will be transferred to the new position when the first vacancy becomes available. B. Involuntary Transfer: Upon approval by the Personnel Officer, an employee may be transferred by the appointing power 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. The Personnel Officer must be notified by the department manager two weeks prior to the effective date of transfer. If the transfer involves a change from one department to another, both department managers must consent thereto unless the City Manager orders the transfer for purposes of economy or efficiency. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in these rules. No person shall be transferred to a position for which he does not possess the minimum qualifications. C. In the case of the transfer of any employee from one position to another in the same class, or to another class to which the same salary range is applicable, the employee shall remain at the same salary step and retain his original anniversary date. SEC. 2 "Promotion:" A. In case of the promotion of any employee in the City service to a position in a class with a higher salary range, such employee may receive a rate of pay in their new range which provides for a salary increase of three percent (3 %), but in any case no lower than the first step in the new range. In the event an employee is promoted on their anniversary date, he /she shall first receive any within -range increase he /she has earned and then the promotional salary adjustment provided. Upon promotion or reclassification, a new anniversary date shall be established for purposes of eligibility for future step increases, as of the effective date of the promotion. B. If, in the opinion of the Personnel Officer, a vacancy in the position could be filled better by an open- competitive examination instead of promotional examination, then he /she shall arrange for an open- competitive examination. 14 1 1 1 1 1 1 SEC. 3 "Demotion:" A. The appointing power may demote an employee whose ability to perform his required duties falls below standard (non - disciplinary demotion) or for disciplinary purposes. Upon request of the employee, and with the consent of the appointing power, demotion may be made to a vacant position. No employee shall be demoted to a position for which he /she does not possess the minimum qualifications. Written notice of the demotion shall be given the employee, upon approval by the Personnel Officer. A copy shall be filed in the employee's personnel file. B. In the case of demotion of any employee in the City service to a class with a lower range, the employee shall be placed in the highest step in the lower salary range which does not represent a Mary increase, unless the demotion is for disciplinary purposes in which case a salary decrease may be instituted subject to the provisions covering disciplinary actions. If demotion is not for disciplinary purposes, the employee shall retain his original anniversary date. 15 RULE 9 - DRUG -FREE WORKPLACE SEC. 1 "Policy:" It is City policy that employees shall not be under the influence of, or be in possession of alcohol or drugs; nor possess alcohol or drugs while on City property, at work locations, or while on duty or subject to being called to City duty; sell or provide drugs or alcohol to any other employee, or to any person while such employee is on duty or subject to being called, nor have their ability to work impaired as a result of the use of alcohol or drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify his/her supervisor, before beginning work, when taking medications or drugs which could foreseeably interfere with the safe and effective performance of duties or operation of City equipment can result in discipline, up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required. The City reserves the right to search, without employee consent, all areas and property in which the City maintains control or joint control with the employee. Otherwise, the City may notify the appropriate law enforcement agency that an employee may have illegal drugs in his /her possession or in an area not jointly or fully controlled by the City. Refusal to submit immediately to an alcohol and/or drug analysis when requested by City management or law enforcement personnel or refusal to submit to a search of personal properties if requested by law enforcement personnel may constitute insubordination and may be grounds for discipline, up to and including termination. Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable time until he /she can be safely transported from the work site. A City - sponsored employee assistance program is available to employees for voluntary consulting or referral. SEC. 2 "Employee Responsibilities:" Under the terms and conditions of Administrative Policy No. 4.01 an employee must: • Not report to work or be subject to duty while his/her ability to perform job duties is impaired due to on- or off -duty alcohol or drug use; • Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or while subject to duty, on breaks, during meal periods or at anytime while on City property; • Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty or subject to being called; • Submit immediately to an alcohol and drug test when requested by a responsible City representative; • Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or non - prescription, which may interfere with the safe and effective performance of duties or operation of City equipment; 16 1 1 1 1 1 ■ Provide, within 24 hours of request, bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive (the prescription must be in the employee's name); and • Have on record a signed statement of his/her agreement to follow the requirements of the City's policy. Employees must, as a condition of employment, abide by the terms of this policy and report any conviction under a criminal drug statute for violations occurring on or off City premises while conducting City business. A report of conviction must be made to the Personnel Officer within five (5) days after conviction, as mandated by the Drug -free Workplace Act of 1988. 17 RULE 10 - HARASSMENT POLICY SEC. 1 'Policy:" Harassment of an applicant or employee by a supervisor, management employee, or co- worker on the basis of race, religion, color, national origin, ancestry, disability, medical condition, marital status, sex or age will not be tolerated. Disciplinary action, up to and including termination, will be instituted for behavior described in Administrative Policy 4.03. Any retaliation against a person for filing a harassment charge or making a harassment complaint is prohibited. Employees found to be retaliating against another employee shall be subject to disciplinary action, up to and including termination. SEC. 2 "Applicability:" This policy applies to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training. 18 1 1 1 1 1 1 RULE 11 - RELATIONSHIP OF EMPLOYEES OF THE CITY SEC. 1 "Policy:" It is the policy of the City of Temple City not to discriminate in its employment and personnel actions with respect to its employees and applicants for employment on the basis of marital status of blood or other type of relationship. No employee or applicant for employment shall be improperly denied employment or benefits of employment on the basis of his or her marital status. SEC. 2 "Definition:" Marital status is defined as an individual's state of marriage, non - marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state. Relationship shall include, for purposes of this Rule, any marital or blood relationship or any other relationship similar to blood or marital relationship, as when an employee is the father, mother, grandmother, grandfather, grandchild, brother, sister, father -in -law, mother -in -law, step -son, step - daughter or child of another employee of the City. SEC. 3 "Management Rights:" Notwithstanding the above provisions, the City retains the following rights: A. To refuse to permit one party to a relationship to be under the direct supervision of the other party to the relationship, where such employment has the potential for creating an adverse impact on supervision, safety, security or morale. B. To refuse to permit both parties to a relationship to work in the same department, division or facility where such employment has the potential for creating an adverse impact on supervision, safety, security or morale, or where such employment involves potential conflicts of interest or other hazards greater for persons in such a relationship than for other persons. SEC. 4 "Continued Employment:" If co- employees marry, the Personnel Officer shall make reasonable efforts to assign job duties so as to minimize problems of supervision, safety, security or morale. Such efforts may include, without limitation, affording either or both affected employees the opportunity to be transferred to another department, or to permit continued employment by both parties without change if he /she fords that any adverse impact on the public service would be insignificant. The Personnel Officer may place reasonable conditions on such continued employment to the extent necessary to ensure that problems of supervision, safety, security or morale are kept to a minimum. SEC. 5 "Discrimination: " Any employment action which must be taken because of a problem with supervision, safety, security or morale shall be taken in a non - discriminatory manner. SEC. 6 "Determination:" Determinations made pursuant to this Rule shall be made on a case -by -case basis. In making any determination pursuant to this Rule, the Personnel Officer may take into account all relevant factors concerning each employee involved in a covered relationship, including job duties, history of employment, and potential for advancement within the City service. 19 RULE 12 - WORKING CONDPI'IONS SEC. 1 "Hours of Work:" The regular hours of work for those classifications covered by these rules shall be as follows: ▪ A normal work week shall consist of 40 hours. • A normal work day may consist of eight (8) hours per day on the basis of a five -day work week. SEC. 2 "Work Periods:" The basic work period for those classifications covered by these Rules shall be established as Sunday through Saturday, except for some employees in the Park Maintenance Worker classification, whose work period is established as Monday through Sunday. The City reserves the right to assign a different work period when it is deemed to be beneficial to the City. SEC. 3 "No Smoking in City Facilities:" Smoking will be prohibited in all City facilities. This eliminates smoking in all places in these buildings, including private offices, restroom facilities and break/lunch facilities. 20 1 1 1 1 1 1 RULE 13 - ATTENDANCE & LEAVES SEC. 1 "Authority to Grant Leaves:" The City Council may provide for the granting and administration of various employee leaves including, but not necessarily limited to, the following. • Vacation • Holidays • Sick leave • Bereavement Leave • Occupational Disability Leave • Maternity Leave • Military Leave • Jury Leave SEC. 2 "Vacation:" A. Each full time employee eligible for benefits shall be entitled to annual vacation leave with pay and shall earn vacation days as follows: 0 Year of Service Vacation Accrual 1 through 5 6 years 7 years 8 years and over 10 working days per year 12 working days per year 14 working days per year 15 working days per year For the purpose of vacation credit, a working day shall equal eight hours. B. Vacation time shall begin to accumulate as of the first day of employment and may be taken once an initial eight hours has been accumulated. Vacation leave shall be taken at the convenience of the City. C. Unused vacation time may be accumulated to a maximum of 30 days (240 hours) per employee at any one time. The City Manager may approve a higher accrual on an individual basis due to staffmg requirements unposed by the City. D. In the case of discharge or death of a full time employee, said employee or his/her estate shall be paid the monetary value of the earned vacation as provided in this section. SEC. 3 "Holidays:" A. With the exceptions provided herein, holidays for employees covered under these rules shall be as follows: • New Year's Day • Washington's Birthday • Memorial Day • Fourth of July • Labor Day 21 " Thanksgiving Day " The Friday after Thanksgiving Day " Christmas Day " As well as three (3) floating holidays, two (2) of which shall be determined by the City Council in July of each fiscal year. Unless otherwise determined by the City, the actual dates for each of the foregoing holidays shall be the dates adopted by the State of California for its employees. B. If any of the foregoing holidays falls on a Saturday or Sunday, the preceding Friday or following Monday respectively shall be a holiday. C. For the purposes of this section, a holiday shall be considered as eight (8) hours. SEC. 4 "Sick Leave :" Sick leave with pay shall not be considered as a privilege which an employee may use at his/her discretion, but shall be allowed for any full-time employee who is incapacitated from the performance of his or her duties by non - service connected illness or injury, by pregnancy, or by public health requirements. A. Each full time employee shall earn sick leave at the following rate: eight (8) hours per month (12 working days /96 hours per year). Of the 96 hours, up to 40 may be used for the illness of family members. "Family members" are defined in Section 5, "Bereavement Leave." B. Sick leave shall begin to accumulate as of the first day of employment and may be taken once an initial eight (8) hours has been accumulated. Unused sick leave may be accumulated without limit and additional sick leave beyond that earned may be authorized by the City Council in unusual circumstances. C. The employee may be required to file a physician's or dentist's statement, or a personal affidavit with the Personnel Office stating the nature of the illness causing the absence before sick leave pay will be granted. In all cases, absences of sick leave for five (5) or more days shall require a doctor's release. D. Holidays occurring during sick leave shall not be counted as a day of sick leave. E. Full time employees who have accrued at least 13 months of sick leave (104 hours) may convert one day (8 hours) of sick leave to vacation time on an hour to hour basis, subject to the provisions of Administrative Policy 4.02. No more than one day of sick leave time may be converted each fiscal year. F. Notwithstanding any other resolution, order, rule, regulation, guideline, or policy to the contrary, upon separation from service with the City, for any reason, including but not limited to death, resignation, termination, retirement, or retirement for disability, no employee shall be entitled to compensation in any manner whatsoever for any unused sick leave accumulations. G. Abuse of sick leave may be grounds for discipline. Abuse will be determined on a case -by -case basis. Although, pursuant to Paragraph C above, an employee may be required to file a physician's or dentist's statement, or a personal affidavit with the Personnel Office stating the nature of the illness caused by absences before sick leave pay will be granted, if it is determined that sick leave was abused; i.e., used in an unreasonable way, the employee may be subject to discipline. Sick leave abuse may include, but is not limited to, an unusual amount of Monday and Friday absences, 22 1 1 1 1 and use of sick leave for non - illness reasons. SEC. 5 "Bereavement Leave:" In the event of the death of a spouse, child, step - child, grandchild, step - grandchild, brother, sister, parent, legal guardian, step parent, grandparent, step- brother /sister, parent -in- law, each employee is entitled to bereavement leave with pay. Authorized bereavement leave shall be a maximum of twenty -four (24) working hours per incident per year but shall not accrue from year to year. It must be authorized by the department manager and approved by the Personnel Officer. The Personnel Officer shall be authorized to grant extraordinary bereavement leave beyond twenty -four hours annually. Such extraordinary bereavement leave with pay shall be deducted from sick leave. SEC. 6 "Disability:" A City employee who is entitled to temporary disability indemnity under the Labor Code may elect to take as much of his/her accumulated sick leave, or accumulated vacation (after accumulated sick leave becomes exhausted) as when added to his/her disability indemnity will result in a payment of full salary or wage. Under the terms of this paragraph, the City will apply only that portion of the sick leave or vacation time that is necessary that when added to the disability will equal the full pay rate. A City employee is not permitted to use any accumulated sick leave for a disability which is determined to be permanent. At the option of the employee, as an alternative to the above procedure, a City employee who is entitled to temporary disability indemnity under the Labor Code may elect to receive the above - mentioned sick leave and/or vacation leave in full, upon the execution of an agreement that he will assign all disability indemnity payments to the City upon receipt for deposit in the City treasury. SEC. 7 "Medical Leaves of Absence:" A. Statement of Rule: Disabilities caused or contributed to by pregnancy, childbirth or related medical conditions, for all job - related purposes, shall be treated the same as non - service related disabilities caused or contributed to by other medical conditions, under any disability insurance or sick leave plan available in connection with employment. Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any disability insurance or sick leave plan, formal or informal, shall be applied to disability due to pregnancy, childbirth or related medical conditions on the same terms and conditions as they are applied to other such disabilities. The basic principle is that female employees affected by pregnancy and related conditions be treated the same as other job applicants and employees on the basis of their ability or inability to work. B. Pregnancy Leave: An employee whose attending physician has certified that she is physically incapacitated from performing her duties due to pregnancy or childbirth is eligible to take leave without pay for a reasonable period of time; provided, such period shall not exceed four months (120 calendar days). Such leave need not be taken consecutively. 1. An employee requesting pregnancy leave shall submit, in writing, her intent to take leave. The leave request shall indicate whether the employee intends to return to work. 2. The request for pregnancy leave shall be submitted to the department manager and the Personnel Officer and be accompanied by a statement from the attending physician. A Personnel Action Notice shall be issued which indicates the probable length of time of the leave. 23 3. Such employee shall be entitled to utilize any accrued vacation, compensatory time or sick leave during the four month period of leave time. 4. Leave under this article is granted according to the health of the female employee. Leave for purposes of child care after the employee is medically able to return to work (except in cases as defined in Section 8 below) shall be granted to the employee on the same basis as leave for other non - medical reasons. 5. 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 just cause for discharge. SEC. 8 "Family Care Leave:" A. Defmition: Family care leave is defined as the use of accumulated paid leave, i.e., sick leave, vacation or compensatory time, or leave of absence without pay for absences necessitated by the birth of a child of an employee, placement of a child with an employee in connection with the adoption of a child by an employee, or to care for a child, parent, or spouse who has a serious health condition. B. Policy: Eligible employees may take up to four months leave in a 24 -month period. In order to be eligible to take family care leave, an employee must have one year of continuous service with the City and must be eligible for other benefits. An employee is not eligible to take family care leave in connection with the birth, adoption or serious illness of the employee's child if 1) the child's other parent is unemployed; 2) the child's other parent will be taking family care leave during the same period of time; or 3) the total amount of family care leave taken by both parents of the child will exceed four months in a 24 -month period. The provisions relating to family care leave are described in Administrative Policy 4.05. SEC. 9 "Military Leave:" Military leave shall be granted in accordance with the provisions of Section 395 et. seq. of the California Military and Veteran's Code and the Federal Vietnam Veterans Readjustment and Assistance Act, 38 U.S.C. Section 2021 et seq. All employees covered herein entitled to military leaves shall give the department manager adequate notice of requirement to report for duty and shall afford the City an opportunity within the limits of military regulations to determine when such leave shall be taken. SEC. 10 "Jury Leave :" Every employee who is called or required to serve as a juror shall be entitled to be absent from his or her duties without pay during the period of such service. An employee who is subpoenaed to appear in court in an official capacity shall be allowed to do so without loss of compensation. An employee subpoenaed to appear in court in a matter unrelated to his or her official capacity as an employee shall be permitted time off without pay, or if the employee chooses, to use accrued vacation, accrued compensatory time or administrative leave for this purpose. SEC. 11 "Leave of Absence Without Pay:" Leaves of absence without pay or seniority may be granted for a period not to exceed 120 days only when the City Manager fmds that such leave will be in the best interest of the City. No such leave shall be granted except upon written request of the employee. Upon expiration of a 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 the 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 just cause for discharge. 24 1 1 1 1 1 1 Employees on leave without pay of 30 days or more, but less than 120 days, may elect to pay the cost of continuing medical coverage or discontinuing coverage for the leave period. 25 RULE 14 - GRIEVANCE PROCEDURES This grievance procedure shall be the sole and exclusive procedure within the framework of the municipal government for resolving grievance disputes. SEC. 1 "Purpose of Grievance Procedures:" The grievance procedure, as outlined herein, is designed to afford permanent employees the means of obtaining further consideration of problems after every reasonable effort has failed to solve them through discussion. The grievance procedure shall be as informal as is practical. SEC. 2 "Matters subject to Grievance:" A grievance shall be considered as any matter (for which appeal is not otherwise provided for or prohibited) concerning a dispute regarding the violation, interpretation or application of written City or departmental policies, rules or regulations, the results of which affects an employee's terms and conditions of employment. The grievance procedure is not intended to be used: • for the purpose of resolving complaints, changes in wages, hours or working conditions • to challenge the content of employee evaluations or performance reviews • to challenge a reclassification, layoff, transfer or denial of reinstatement. SEC. 3 "Grievance Procedure:" A. Informal Grievance Procedure: An employee shall attempt to resolve a grievance through discussion with his immediate supervisor on an informal basis. If after such discussion the employee does not believe the problem has been satisfactorily resolved, he /she shall discuss it with his/her supervisor's immediate superior, if any. Every effort shall be made to fmd an acceptable solution by informal means at the lowest possible level of supervision. If the employee is not satisfied with the decision reached by the informal process, he /she may then file a formal grievance in writing. B. Formal Grievance Procedure: 1. First Level of Review: The employee shall present the formal grievance in writing to his/her department manager. Within 10 calendar days of receipt of the grievance, the department manager shall respond in writing. If the employee does not agree with the decision reached he may appeal the formal grievance within five calendar days of receipt of the response, in writing, to the City Manager. 2. City Manager Review: The City Manager or designated representative may discuss the grievance with the employee, and with other appropriate persons. The City Manager or designated representative may select the methods considered appropriate for the study of the issues and he /she shall render a written decision to the employee within 10 calendar days after receipt of the grievance appeal. The decision of the City Manager shall be final and binding within the framework of the municipal government. SEC. 4 "Conduct of Grievance Procedure:" The written information to be provided by the grievant shall include a clear, concise statement of the nature of the grievance; the circumstances involved, including 26 1 1 1 1 1 the date or dates on which the alleged violation, misinterpretation or misapplication occurred; any documents, witnesses or other relevant evidence; and the specific remedy sought. In the presentation of grievances at any supervisory or appeal level, employees are assured of freedom from discrimination or reprisal. 27 RULE 15 - DISCIPLINARY ACTIONS SEC. 1 "Definition:" Actions taken by the appointing authority cause to reprimand in writing, demote, reduce in pay, suspend without pay or discharge a permanent employee or to otherwise reduce the employee's compensation or benefits for cause shall be considered as disciplinary action and subject to the provisions contained in this article. Grounds for discipline shall include, but not be limited to: fraud in securing employment or making false statement on an application for employment. • incompetency, i.e., inability to comply with the minimum standard of an employee's position for a significant period of time. • inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee within his/her position. • willful disobedience and insubordination, a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position. • dishonesty, involving employment. • being under the influence of alcohol or dangerous drugs or narcotics while on duty. • excessive absenteeism. • inexcusable absence without leave. • abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is required, or misuse of sick leave. • discourteous treatment of the public or other employees. • improper or unauthorized use of City property. • refusal to subscribe to any oath or affirmation which is required by law in connection with City employment. • inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of City property. • any willful act of conduct undertaken in bad faith, either during or outside of duty hours which is of such a nature that it causes discredit to the City, the employee's department or division. • violation of the rules and regulations published by any department, or willful violation of any of the provisions of the ordinances, resolutions or policies which may be prescribed by the City. • outside employment not specifically authorized by the appointing authority. 28 1 1 1 1 1 1 • acceptance from any source of a reward, gift, or other form of renumeration in addition to regular compensation to an employee for the performance of his or her official duties. • improper political activity. The provisions of this article shall not apply to reductions in pay or benefits which are a part of a general plan to reduce salaries, wages or benefits, or to a general plan to eliminate positions or reduce services as determined by the City Council. SEC. 2 "Notice of Intent to Discipline:" Whenever the appropriate authority intends to suspend an employee for three days or more, demote the employee, reduce the employee in pay or dismiss the employee, the employee shall receive a written notice of intent to discipline from his/her department manager, including the disciplinary action intended, the effective date of the disciplinary action and the reasons therefore. Past disciplinary actions which may have a bearing on the disciplinary action or which support the severity of the penalty, shall also be included. SEC. 3 "Response to Charges:" Upon receipt of the notice of intent to discipline, the employee shall have the opportunity, within five calendar days, to respond in writing to the department manager or to the individual who enacts the discipline. Nothing contained herein shall limit the City of relieving an employee from duties if the employee is incapacitated so as to be unable to perform. SEC. 4 "Final Notice:" After the response or the expiration of the employee's time to respond to the notice of intent, the appropriate authority shall: 1) dismiss the notice of intent and take no disciplinary action against the employee; or 2) modify the intended disciplinary action; or 3) prepare and serve upon the employee a final notice of disciplinary action. The fmal notice of discipline shall include the disciplinary action taken, the specific charges upon which the action is based, a factual summary of the grounds upon which the charges are based, any written materials, reports and documents upon which the disciplinary action is based, the employee's right to appeal. SEC. 5 "Appeal Procedures:" A. Purpose: To provide an opportunity to permanent employees to appeal directly to the City Manager or his/her authorized representative relative to matters subject to appeal. Any permanent employee who is demoted, suspended or discharged as a result of disciplinary action for cause or whose benefits are reduced as a result of disciplinary action for cause shall have the right to appeal such action directly to the City Manager or his/her authorized representative. Appeal of disciplinary action shall be presented in writing to the City Manager or his/her authorized representative within ten calendar days after final notice to the employee of the disciplinary action to be imposed. Failure of the employee to file an appeal within ten calendar days shall constitute a waiver and shall bar the employee from further processing of the appeal. B. City Manager Review: The City Manager or designated representative shall review appeals. The following guidelines shall be used: 1. In the case of an appeal of a disciplinary action of five days suspension or less, the review shall be limited to the record presented at the departmental hearing. 29 2. In the case of an appeal involving more than five days suspension, the City Manager or his/her designee shall provide a full evidentiary hearing, if requested by the employee. These provisions shall not limit any constitutional right of the employee to a full evidentiary hearing. The City Manager shall render a written decision to the parties within 30 days after the receipt of the appeal. The decision of the City manager shall be final and binding within the framework of the city government. If and to the extent that the final decision in any such appeal is favorable to the employee, he /she shall suffer no loss of pay or other privilege. 30 1 1 1 1 1 1 RULE 16 - SEPARATION FROM SERVICE SEC. 1 "Layoff:" Whenever in the judgement of the Council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the City Manager may abolish any position or employment in the City service and layoff, demote (non - disciplinary) or transfer any employee holding such position or employment without filing written charges and without the right of appeal. Competency shall be observed in effecting such reduction in personnel and the order of layoff shall be made by the City Manager. Layoff shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary or permanent employee. The appointing power shall notify the Personnel Officer of the intended action with reasons therefor, and a copy of such notice shall be given the employees affected. The names of probationary and permanent employees laid off shall be placed upon re- employment lists for classes which, in the opinion of the Personnel Officer, require basically the same qualifications and duties and responsibilities of those of the class or positions from which layoff was made. SEC. 2 "Resignation:" An employee wishing to leave the City service in good standing shall notify the appointing power at least two weeks before leaving the service, unless such time limit is waived by such official. Failure to give notice as required by this Rule may be cause for denying future employment by the City. SEC. 3 "Separation:" Whenever an employee has been given a permanent and stationary rating by the Industrial Accident Commission of the State of California, return to the job must be based on the same medical information which the employee used in order to obtain the award. Unless these medical facts are very carefully considered, subsequent injuries or aggravations of the original injury can occur. It is the policy of the City that an employee return to duties he /she can perform safely without undue risk or further injury to himself/herself or other employees. It is, likewise, the policy of the City that if he /she cannot do so or if he /she is unable or unwilling to accept some other position which he /she is physically and otherwise qualified to perform, his/her employment will be terminated. The medical criteria presented to the Industrial Accident Commission by the employee and his/her doctor shall be obtained and utilized by the City and interpreted in terms of specific job restrictions and limitations. The department manager shall then interpret and apply such job restrictions and limitations to the specific physical requirements of the employee's position and make a recommendation to the City Manager. A determination shall be made by the City Manager as to whether or not the employee shall: • Return to the job. • Transfer to some other position for which he is qualified based upon physical ability and experience. ■ Separate from the City's employment. 31 RULE 17 - UNIFORMS For those positions for which a uniform is required, the City Council may provide for the replacement or reimbursement of the whole or partial cost of repair and replacement of such uniforms. 32 1 1 1 1 1 1 RULE 18 - OFFICIAL TRAVEL SEC. 1 "Policy:" The City will reimburse employees for all reasonable, ordinary and necessary expenses incurred while conducting City business subject to the policies and procedures outlined in Administrative Policy 3.00. SEC. 2 "Automobile Allowance:" When transportation is not furnished by the City, a fixed monthly compensation may be allowed an employee for extraordinary use of his privately owned car in the performance of his regular duties within the City, provided an appropriation has been made therefor in the current budget. The City Manager may, from time to time, authorize a monthly Automobile Allowance to individual employees as he deems necessary. Likewise, the City Manager may discontinue such Automobile Allowance. Such discontinuance shall not provide a basis for filing a grievance. 33 RULE 19 - OUTSIDE EMPLOYMENT 1 No employee shall engage in any employment, activity or enterprise which is inconsistent, incompatible or in conflict with his/her duties as a City employee. Prior to accepting outside employment, the employee shall notify the department manager of the nature and extent of such employment. The department manager shall then notify the Personnel Officer. The Personnel Officer shall determine whether the employment is inconsistent, incompatible, or in conflict with the employee's duties as a City employee. 1 1 34 1 1 1 RULE 20 - COMPENSATION SEC. 1 "Rates of Compensation:" The rates of compensation to be provided for positions shall be as set forth in the appendix; Table I, Full-time Salaries and Table II, Part -time Salaries as attached hereto and made a part hereof. Unless otherwise provided, all rates of compensation shall be on a monthly basis. SEC. 2 "Basis for Compensation:" The salaries or rates of compensation prescribed in Table I are fixed on the basis of full-time service in full-time positions unless otherwise designated. The salaries or rates of compensation prescribed in Table II are fixed on the basis of hourly service in part -time positions unless otherwise designated. SEC. 3 "Rates of Pay Inclusive:" The rates of pay prescribed shall be deemed to include pay in every form, except for necessary expenses authorized and incurred incident to employment or except as herein provided. SEC. 4 "Applicability of Salary Ranges:" Subject to the provisions of these rules, the salary ranges set forth in the appendix shall be applicable to all positions allocated to the classifications provided in the appendix. From and after the adoption and effective date of these rules each employee in the City service shall be paid the salary or compensation for services rendered on behalf of the City in accordance with the salary range prescribed for the class of positions to which each employee's position is allocated. SEC. 5 "Periodic Salary Review:" Salaries of employees are typically be reviewed annually by the Council. The City Manager may collect such salary data and related information as may be necessary to assist the Council in said salary reviews. SEC. 6 "Pay Rates Upon Appointment:" Appointment is normally made at Step One of the appropriate range. A higher step may be used upon the approval of the City Manager, dependent on the q»alifications of the candidate and recruitment issues. 35 RULE 21 - SALARIES AND BENEFITS SEC. 1 "Performance -based Merit System:" The salary ranges provided herein are intended to recognize individual differences among positions allocated to the same class, the purpose of which is to provide employee incentive and reward employees for meritorious service and continued improvement within a particular position. All increases in snlAry within any range shall be made only on the basis of fully satisfactory performance and continued improvement. Increases in salary within any range shall be neither automatic nor a matter of right and shall be effected only upon the recommendation of the department manager, with approval of the City Manager, after completion of a thorough employee performance evaluation. The following general provisions shall govern the granting of step salary increases within the range: A. Consideration of advancement of an eligible employee from one step of the Wary range to the next shall be done by the department manager. Full time employees are eligible for a merit increase (salary ceiling permitting) on their anniversary date and annually thereafter. Advancement shall be effected only after the department manager has completed a thorough evaluation of the employee's performance in the position and has determined that the employee has improved his/her performance within the position resulting in increased value to the City. Advancement shall be made only upon such recommendation by the department manager and approval of the City Manager, and shall be granted as follows: Overall Performance Steps by the Employee Earned % Increase Unsatisfactory 0 0 Marginal 0 0 Satisfactory 1,2 or 3 1,2 or 3% Above Average 3 or 4 3 or 4% Excellent 5 or 6 5 or 6% B. Performance Defmitions are as follows: 1. Excellent Performance: The employee's performance has exceeded all expectations. 2. Above Average Performance: The employee's overall performance has significantly exceeded expected and required levels of performance. 3. Satisfactory Performance: The employee's overall performance has been at the level expected and required. 4. Marginal Performance: Considering the employee's previous experience, and job duties and responsibilities, the employee has performed some duties in a satisfactory manner, and that the employee's potential for satisfactory performance appears to be good. 5. Unsatisfactory Performance: On an overall basis, the employee has not performed up to the level to be expected, considering the employee's previous experience, and duties and responsibilities, and that the employee's potential for satisfactory performance appears to be poor or that the employee is either unwilling or unable to perform satisfactorily. 36 1 1 1 1 1 1 C. If in the opinion of the department manager the employee has not performed in a manner so as to merit step advancement, a recommendation for retention at present salary step shall be made to the City Manager. The reasons cited for retention shall also be made to the employee involved. The employee shall be entitled to place a written response in his/her personnel file. D. If the department manager determines, subsequent to completion of a thorough employee evaluation, that an employee has not performed in a manner so as to merit retention or advancement, he may recommend disciplinary action including reduction of an employee's salary step. A recommendation for reduction of an employee's salary step shall be made in writing to the City Manager. The reasons cited for reduction shall also be made in writing to the employee affected. E. All full time permanent and probationary employees shall be evaluated on their anniversary date based on goals and objectives set the previous year, whether or not the employee is eligible for a merit increase. A mid -year review of progress toward completion of goals and objectives shall be afforded employees to make any necessary adjustments in the event of changing circumstances and/or priorities. SEC. 2 "Overtime:" Overtime shall not be authorized without prior approval by the City Manager or designee. All compensation for overtime, whether payment or compensatory time off, must have the approval of the City Manager or designee. A. For employees subject to the provisions of the Fair Labor Standards Act, overtime shall be compensated at one and one -half times the regular rate (generally the base hourly rate) in the manner prescribed by the Fair Labor Standards Act. In determining an employee's eligibility for overtime compensation under this section, paid leaves of absences and unpaid leaves of absences shall be deducted from the total hours worked to the extent authorized by law. Paid leaves of absence which shall be deducted from "hours worked" include but may not be limited to: • Vacation ■ Sick leave • Administrative Leave • Compensatory Leave • Worker's Compensation Leave • Jury Duty ■ Bereavement Leave • Maternity Leave • Military Leave • Holiday Leave B. Employees who work more than 40 hours in a work period may take compensatory time off in lieu of overtime compensation. Compensatory time off, like overtime, is earned at time and one half each hour worked over 40 hours in a work period. The time when compensating time off may be taken shall be at the discretion of the department manager giving due consideration to the needs of the department and the wishes of the employee. Only employees eligible for overtime compensation shall be eligible for compensatory time off. C. Accumulation of compensatory time shall be limited to a maximum accumulation of 40 hours. 37 D. Eligible employees required to staff a Commission or Council meeting, will receive overtime based on actual time worked, or a minimum of one hour, whichever is greater. E. Employees who are ordered to return to duty between the hours of midnight and six o'clock a.m. shall receive overtime based on actual time worked, or a minimum of two hours, whichever is greater. Employees who are ordered to return to duty at other times not during their regularly scheduled shift will receive overtime based on actual time worked, or a minimum of one hour, whichever is greater. SEC. 3 "Retirement:" A. Basic Retirement: The City shall provide employees covered by these rules with the retirement program commonly known as "The 2% at Age 60 Formula ", which is based on the retirement formula as set forth in the California Government Code. B. Additional Retirement Benefits: 1. The City shall provide employees covered by these rules with the retirement option program commonly referred to as "Retirement Credit in Unused Sick leave" which is based on the conversion formula as set forth in the California Government Code. 2. The City shall provide employees covered by these rules with the retirement option program commonly referred to as "59 Survivors Benefit" which is based on the schedule of benefits as set forth in the California Government Code. 3. The City shall provide employees covered by these rules with the retirement option program commonly referred to as "Post Retirement /Survivor's Benefit Option" which is based on the schedule of benefits as provided in the California Government Code. 4. The City shall provide employees covered by these rules with the retirement option program commonly referred to as "Single Highest Year" which is based on the schedule of benefits as set forth in the California Government Code. 5. The City shall provide employees covered by these rules with the retirement option program commonly referred to as "Military Service Credit Option" which is based on the conversion formula as set forth in the California Government Code. 6. The City shall pay to each full time employee an amount equivalent to the employee's regular percentage contribution to the Public Employees' Retirement System for those retirement benefits provided. Said contribution as a percentage shall be applied to each employee's base salary, excluding overtime, and shall be paid to the Public Employees' Retirement System on behalf of each respective participating employee to effect such employee's required contribution. Said contributions shall be in accordance with all pertinent laws and regulations. SEC. 4 "Management and Supervisory Employees:" The salary and benefit levels provided herein, in addition to the preceding, recognize that the supervisor is compensated for the successful performance and completion of goals and objectives to meet community needs regardless of the length of the work day. 38 1 1 1 1 1 1 The following positions shall be considered management or supervisory and subject to the compensation and supplemental benefit levels provided herein: • City Manager • Community Development Director • Community Services Director • Economic Development Director • Financial Services Director • Public Services Director • City Clerk • Assistant to the City Manager • Public Works Coordinator • Park Maintenance Superintendent • Associate Planner • Assistant Planner • Recreation Supervisor • Administrative Assistant A. Administrative Leave: Management and supervisory employees are considered exempt from overtime provisions of the Fair Labor Standards Act (FLSA) by virtue of their duties and that the City satisfies those aspects of the salary basis test required by the Department of Labor regulations implementing the FLSA. In lieu of overtime compensation, employees covered herein shall receive the following. 1. Positions number 1 through 8 above covered hereunder shall be credited on July 1 of each fiscal year with five (5) days of administrative leave. Positions number 9 through 14 above covered hereunder shall be credited on July 1 of each fiscal year with three (3) days of administrative leave. Credited leave days may be used at any time during the year with approval of the City Manager and given due consideration to the needs of the department. Administrative leave that is not used by the end of the fiscal year will be forfeited and not accumulated to the next fiscal year. 2. Management and supervisory employees hired during the fiscal year shall be credited with a prorata of administrative leave days based on the number of months of the fiscal year for which the individual is employed. B. Vacation: Positions number 1 through 8 above covered hereunder shall earn vacation at the rate of 15 working days per year beginning the first year of employment. SEC. 5 "Part -time Employees:" The City Council recognizes that part -time employees play an integral role in the efficient operation of Temple City. A. Compensation Plan: The schedule of classifications, pay ranges and steps listed in Table II constitutes the compensation plan applicable to all part -time employees. 39 B. Salaries: For part -time and temporary positions, the salaries or rates of compensation prescribed are fixed on the basis of an hourly rate. A part - time /temporary employee shall be eligible for recommendation to receive the step within range, where a range exists, for the class to which his/her position is allocated as determined by the following condition: one step increase in salary for completion of each 1,000 hours or one year of continuous service. The City Manager may further improve the step advancement of any employee upon the written recommendation of a department manager provided the department manager certifies that the employee has performed his/her work in an outstanding and exceptionally meritorious manner. C. Performance Evaluations: The Personnel Officer or designee shall provide a method of reporting of part -time employee performance which relates to quantity and quality of work, ability, reliability, discipline, attendance, and other factors, and shall prescribe forms for such performance evaluations. An employee must have a satisfactory performance evaluation in order to be eligible for a merit salary increase or promotion. Deficiencies in performance by an employee may result in a decrease in Hilary, suspension, demotion, or dismissal. Department managers or supervisors shall annually, or once each season, rate the performance of each part -time employee, with an initial evaluation six months from the date of hire. D. Retirement: In accordance with the Social Security Act, Section 11332, part -time and temporary employees will be eligible to participate in a qualified retirement plan of the City's choice. E. Benefits: Employees holding part -time or temporary positions shall not be provided any benefits other than those required by state or federal law. IPK \HAND \1831.1 40 1 1 1 1 1 1 IPK \MANU \1831.1 APPENDIX 41 CITY OF TEMPLE CITY FULL TIME EMPLOYEE CLASSES AND RANGES Effective January 1, 1993 for Fiscal Year 92 -93 Classification Steps 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Clerk Typist Intermediate Clerk Accounting Tech. I Building Clerk Senior Clerk Accounting Tech. II Secretary I Deputy City Clerk Secretary II Admin. Secretary 1,674 1,691 1,708 1725 1,742 1,759 1,777 1,795 1,813 1,831 1,849 1,867 1,886 1,905 1,849 1,867 1,886 1,905 1,924 1,943 1,962 1,982 2,002 2,022 2,042 2,062 2,083 2,104 1,849 1,867 1,886 1,905 1,924 1,943 1,962 1,982 2,002 2,022 2,042 2,062 2,083 2,104 1,849 1,867 1,886 1,905 1,924 1,943 1,962 1,982 2,002 2,022 2,042 2,062 2,083 2,104 2,023 2,043 2,063 2,084 2,105 2,126 2,147 2,168 2,190 2,212 2,234 2,256 2,279 2,302 2,023 2,043 2,063 2,084 2,105 2,126 2,147 2,168 2,190 2,212 2,234 2,256 2,279 2,302 2,126 2,147 2,168 2,190 2,212 2,234 2,256 2,279 2,302 2,325 2,348 2,371 2,395 2,419 2,348 2,371 2,395 2,419 2,443 2,467 2,492 2,517 2,542 2,567 2,593 2,619 2,645 2,671 2,348 2,371 2,395 2,419 2,443 2,467 2,492 2,517 2,542 2,567 2,593 2,619 2,645 2,671 2,807 2,835 2,863 2,892 2,921 2,950 2,980 3,010 3,040 3,070 3,101 3,132 3,163 3,195 Animal Control Officer 2,443 2,467 2,492 2,517 2,542 2,567 2,593 2,619 2,645 2,671 2,698 2,725 2,752 2,780 Code Enf. Officer 2,697 2,724 2,751 2,779 2,807 2,835 2,863 2,892 2,921 2,950 2,980 3,010 3,040 3,070 Asst. Planner 2,697 2,724 2,751 2,779 2,807 2,835 2,863 2,892 2,921 2,950 2,980 3,010 3,040 3,070 Assoc. Planner 3,392 3,426 3,460 3,495 3,530 3,565 3,601 3,637 3,673 3,710 3,747 3,784 3,822 3,860 Park Maint. Wkr. 1,962 1,982 2,002 2,022 2,042 2,062 2,083 2,104 2,125 2,146 2,167 2,189 2,211 2,233 Landscape Gardner 2,062 2,083 2,104 2,125 2,146 2,167 2,189 2,211 2,233 2,255 2,278 2,301 2,324 2,347 Tree Trimmer 2,212 2,234 2,256 2,279 2,302 2,325 2,348 2,371 2,395 2,419 2,443 2,467 2,492 2,517 Park Maint. Leadwkr. 2,348 2,371 2,395 2,419 2,443 2,467 2,492 2,517 2,542 2,567 2,593 2,619 2,645 2,671 Tree Trimmer Leadwkr. 2,443 2,467 2,492 2,517 2,542 2,567 2,593 2,619 2,645 2,671 2,698 2,725 2,752 2,780 Admin. Assistant Parks & Rec. Super. Park Maint. Supt. Public Works Coord. Asst. to the City Mgr. City Clerk Community Svcs. Dir. Econ. Develop. Dir. Comm. Develop. Dir. Financial Svcs. Dir. Public Svcs. Dir. City Manager 2,697 2,724 2,751 2,779 2,807 2,835 2,863 2,892 2,921 2,950 2,980 3,010 3,040 3,070 2,863 2,892 2,921 2,950 2,980 3,010 3,040 3,070 3,101 3,132 3,163 3,195 3,227 3,259 3,426 3,460 3,495 3,530 3,565 3,601 3,637 3,673 3,710 3,747 3,784 3,822 3,860 3,899 3,426 3,460 3,495 3,530 3,565 3,601 3,637 3,673 3,710 3,747 3,784 3,822 3,860 3,899 3,823 3,861 3,900 3,939 3,978 4,018 4,058 4,099 4,140 4,181 4,223 4,265 4,308 4,351 3,977 4,017 4,057 4,098 4,139 4,180 4,222 4,264 4,307 4,350 4,393 4,437 4,481 4,526 4,616 4,662 4,709 4,756 4,804 4,852 4,901 4,950 5,000 5,050 5,101 5,152 5,204 5,256 4,616 4,662 4,709 4,756 4,804 4,852 4,901 4,950 5,000 5,050 5,101 5,152 5,204 5,256 5,100 5,151 5,203 5,255 5,308 5,361 5,415 5,469 5,524 5,579 5,635 5,691 5,748 5,805 5,524 5,579 5,635 5,691 5,748 5,805 5,863 5,922 5,981 6,041 6,101 6,162 6,224 6,286 5,524 5,579 5,635 5,691 5,748 5,805 5,863 5,922 5,981 6,041 6,101 6,162 6,224 6,286 6,875 6,944 7,013 7,083 7,154 7,226 7,298 7,371 7,445 7,519 7,594 7,670 7,747 7,824 1 1 1 CITY OF TEMPLE CITY PART TIME EMPLOYEE CLASSES AND RANGES Effective January 1, 1993 for Fiscal Year 92 -93 Steps Classification 1 2 3 Account Clerk 9.53 9.90 10.29 Accounting Technician 10.65 11.07 11.50 Aide 9.53 9.90 10.29 Animal License Canvasser 6.14 6.74 7.35 Cashier/Typist 9.38 9.74 10.11 Community Services Specialist 9.19 9.80 10.42 Crossing Guard 5.81 6.14 6.43 Duplicating Services Operator 6.14 6.74 7.35 Intern 8.29 8.57 8.88 Maintenance Helper 8.87 9.19 9.53 Recreation Leader 5.53 6.15 6.75 Senior Typist 10.70 11.01 11.58 Life Guard Los Angeles County Rate Specialist Flat Rate TABLE II