HomeMy WebLinkAboutRES 2005-36RESOLUTION NO. 2005- 36
RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL
RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE, VACATIONS, LEAVES OF ABSENCES, AND
OTHER REGULATIONS EFFECTIVE JULY 1, 2005;
RESCINDING RESOLUTION NO. 2004-29 IN ITS ENTIRETY.
1. WHEREAS, the purpose of the rules and regulations is to communicate
to employees the benefits, policies, and requirements of the job, as well as provide
guidance to supervisors in the administration of the personnel system;
2. WHEREAS, the City Council has determined that it is necessary to the
efficient operation and management of the City that rules and regulations be
maintained prescribing sick leave, vacation, leaves of absences, and other
regulations for the officers and employees of the City; and
3. WHEREAS, as the rules and regulations do not create any contract of
employment, expressed or implied, or any rights in the nature of a
contract;
4. WHEREAS, this Resolution will become effective on July 1, 2005;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Diamond Bar, California, as follows:
SECTION 1. COMPREHENSIVE .LOB CLASSIFICATION AND SALARY
SCHEDULES
Pursuant to Ordinance 03 (2005), a comprehensive job classification and salary
schedule for authorized full-time and part-time positions shall be established upon
adoption of a resolution by the City Council.
SECTION 2. JOB CLASS IFICATIOINS
For the purposes of the City's Personnel System, each position title shall correspond
to a job classification number as reflected in the job classification and salary
resolution.
A. Hourly Non -benefited Positions — Job Classification Range 500-899.
These positions are clas ified and referenced as either seasonal or
intermittent part-time.
2005--35
1. Seasonal Part-time — a sea!
40 hours per week on a se,
1000 hours per fiscal year.
Page 2
onal position is a position that is utilized up to
sonal or partial year basis, but not more than
2. Intermittent Part-time — an intermittent position is a position that is utilized
an average of 19 '/2 hours dr less per week and no more than 1000 hours
per fiscal year.
B. Hourly Benefited Positions — Job Classification Range 900 -999.
These positions are classified nd referenced as regular part-time. A regular
part-time position is a position hat is utilized twelve (12) months per year and
works an average of 20 or ore hours per week on a year-round basis.
Benefits for regular part-time employees shall be the same as provided for
non-exempt full-time employees on a pro -rated basis.
C. Full-time Non- Exempt Position — Job Classification Range 1000 -1599.
Positions in job classification rnge 1000-1599 are subject to the Fair Labor
Standards Act (FLSA) overtime, requirements.
D. Full-time Exempt Positions — Job Classification Range 1600 - 2600.
The City of Diamond Bar has determined various executive, administrative and
professional employees are exempt from the overtime requirements of the
FLSA. Employees in the j b classification range 1600 and above are
considered exempt.
E. Executive Management Positi 'ns — Job Classification Range 2900 - 3900 are
Executive Management positions, which are also classified as exempt.
Executive management positions may be terminated with or without cause, at
any time, at the will of the City,': in its sole discretion.
F. Employees who are requested jby the City to use bilingual skills during their
scheduled work hours on a recurring basis to further the business interests of
the City shall receive a bilingual premium pay differential in addition to their
regular pay. Any full-time or p. rt -time employee who is required, as an
essential part of his or her job, to provide non-English language services,
including Braille and sign language, routinely and consistently as part of his or
her regular job assignment as determined by the City will receive a Heavy
Usage Bilingual Premium Pay Differential of 5%. Any full-time or part-time
employee assigned occasionally to provide non-English language services,
including Braille and sign language, will receive a Moderate Usage Bilingual
Premium Pay Differential of 200. The employee must agree to use the
bilingual skill during his or her normal work shift regardless of assignment.
The Bilingual Premium Pay Differential will be reported to CalPERS as
Bilingual Premium Special As ignment Pay. However, any hours worked on
overtime are excluded from C IPERS reported "compensation earnable" in
California Government Code Section 20635.
2005-,36
Page 3
SECTION 3. ADVANCEMENT WITHIN THE SALARY SCHEDULE
A. New full-time and regular part-time employees shall be hired at the entry step
or any step at the discretion of the City Manager and must successfully
complete a one-year probation period. At the end of six months, the employee
will be given a performance evaluation and shall be eligible for the next step.
Every year thereafter, employges shall be given a performance evaluation and
shall move to each successive, step, as long as the employee's performance is
satisfactory or above.
B. Intermittent and seasonal part-time employees shall be hired at the entry step
or any step at the discretion of the City Manager and must successfully
complete a one-year probatio period. At the end of six months, the employee
will be given a performance evaluation. In order to receive a step increase, a
part-time employee must complete one year of service and worked a minimum
of 500 hours.
C. An employee that has received a one-year evaluation and has reached the top
step in their job classification shall be moved to a July 1 annual evaluation
date.
D. An employee shall receive their annual step increase on time regardless of
supervisor's completion of timely evaluation.
E. An employee who is appointed to an acting position that is in a higher salary
range than that of the class in which the employee is normally assigned shall
receive acting compensation.:!,
1. Acting pay shall b
greater than 21 co
to the effective da
completion of appo
2. Such acting appo
Manager with a col
3. Compensation she
range or the stet
provide a minimu
whichever is greatE
SECTION 4. PROBATION
provided only for appointments with duration
secutive calendar days and shall be retroactive
of the acting appointment and continue until
stment.
fitments shall be made in writing by the City
� to the Human Resources Division.
I be at the entrance salary step of the higher
within the higher salary range, which would
i of 5% higher than the employee receives
The probationary period shat be regarded as a part of the testing process and
shall be utilized for closely obs rving the employee's work to determine the
employee's fitness for the position.
2005--36
Page 4
A. In an effort to monitor newly hired employees, the probation period for newly
hired employees is one year of actual and continuous service. Periods of time
on paid or unpaid leave exceeding five (5) days (consecutive or not) shall
automatically extend the probationary period by that number of days the
employee is on leave.
B. If it is determined that the probationary should be extended, the probationary
employee shall be given notice' in writing prior to the expiration of the original
probationary period.
C. During the probationary perio an employee may be rejected at any time
without cause and without the right of appeal.
SECTION 5. VEHICLE USE
A. Private automobiles are not to be used for the City business except as
authorized. The City Manager may authorize such use at the reimbursement
rate equal to that set forth by the Internal Revenue Service. Payments shall
be based upon the most direct route to and from the destination, and garage
and parking expenses shall be paid in addition to the current rate, upon
submission of paid receipts.
B. Executive Management Employees will receive a monthly car allowance of
$150 per month. This stipend ill be in lieu of any mileage reimbursement. If
additional garage and parking expenses are incurred, they are reimbursable.
SECTION 6. HEALTH BENEFIT ALLOTMENT
All designated officials, full-time employees and regular part-time employees
will be provided a monthly allotment o $820 a month (pro -rated for regular part-
time employees) which can be applied to selected benefit options as described in
Section 7.
A. Members of the City Council, Executive Management and employees defined
as full-time exempt shall receive an additional $30 per month to be applied as
described in Section 7.
B. Premiums for selected benefits options are paid from the monthly health
benefit allotment as described in section 7. The total of all premiums for
selected benefits that exceed the monthly health benefit allotment will be paid
at the employees' expense as a bi-weekly payroll deduction.
C. Employees who are not encumbering their entire health benefit allotment will
have those funds applied to a Section 457 deferred compensation plan offered
through the International City Management Association (ICMA). Monies in
2005--36
excess of the City's 457
Page 5
�n maximum shall be paid off annually each
December.
SECTION 7. HEALTH AND BENEFIT OPTIONS
A. All designated officials, full-time employees and designated regular part-time
employees (pro -rated for regu ar part-time employees) are eligible to receive
group health, dental, vision, We, deferred compensation, disability insurance
and employee assistance program within the City's group insurance carrier(s).
The administrative cost and p emiums are paid as described below. Eligible
dependents of designated officials and full-time and part-time employees are
eligible for health, dental and Vision insurance.
B. Premiums for selected benefits that are not paid by the City are paid from the
employee's monthly health benefit allotment to a maximum as described in
Section 6. The total of all premiums for selected benefits that exceed the
monthly health benefit allotm nt will be paid at the employees' expense as a
bi-weekly payroll deduction.
1. Health Plan: Designated officials and full-time and regular part-time
employees and their eligible dependents are eligible for health coverage
through the California Public Employees' Retirement System (CaIPERS).
Premiums vary depending on health plan selected. If selected, the
premium is deducted from the monthly health benefit allotment.
2. Dental Plan: Two dental p ans are available to designated officials and full-
time and regular part-time employees and their eligible dependents. The
City pays for employee coverage. If dependent coverage is selected, the
premium is deducted from the monthly health benefit allotment.
3. Vision Plan: One vision pl n is available to designated officials and full-time
and regular part-time employees and their eligible dependents. The City
pays for employee coverage. If dependent coverage is selected, the
premium is deducted from the monthly health benefit allotment.
4. Life/Accidental Death an(
death and dismemberme
($10,000 benefit) and ful
benefit). This benefit is F
time employees and at
Supplemental life insur
insurance is selected, th
benefit allotment.
Dismemberment Insurance: Life and accidental
t insurance is provided to all designated officials
time and regular part-time employees ($50,000
ovided at no cost to designated officials and full -
pro -rated cost to regular part-time employees.
nce is also available. If supplemental life
premium is deducted from the monthly health
5. Deferred Compensation: �A Section 457 deferred compensation plan is
made available to all designated officials and full-time and regular part-time
2005-•36
employees through the Inter
Employees not encumberin,
will have those excess fund:
elect to have additional c
deduction on a bi-weekly t
exceed limits under Section
Page 6
ational City Management Association (ICMA).
their entire monthly health benefit allotment
deferred into this plan. Employees may also
ntributions are their expense as a payroll
Isis. Total deferral contributions are not tc
57 of the Internal Revenue Code.
6. Short-term and Long-term Disability: A short-term and long-term disability
benefit is provided to all foil -time and regular part-time employees at no
cost to the employee. Thi benefit provides income replacement in the
event of a covered disabilit at 60% of salary up to a maximum of $1500
per week. There is a 15 -da elimination period for short-term disability.
7. Employee Assistance Prog
and regular part-time en
assessment, treatment an
personal, work, and family
to 5 -sessions of treatm
intervention and treatment
B. IRS Code Section 125 Ca
time and regular part-time
Cafeteria Plan. At the t
employee selects an amot
plan. The amount selectec
deduction. This is an optio
[m (EAP): All designated officials and full-time
loyees are eligible to receive face-to-face
follow-up to help resolve a broad range of
roblems. Employees are eligible to receive up
it with professional counselors for early
no cost the employee.
eteria Plans: All designated officials and full -
employees may enroll in the IRS Section 125
aginning of the plan year, each participating
nt up to the maximum set by the City for each
is calculated into a bi-weekly, pre -taxed payroll
►al benefit for eligible employees.
a) Insurance Plan Premium Conversion- Should the monthly cost of
health care insurance premiums exceed the benefit allotment and
result in payroll deductions, the amount of the qualifying deduction
may be designatedto be paid with pre-tax dollars.
b) Healthcare Flexible Spending Account- Also known as a Healthcare
Reimbursement Account, the employee may designate pre-tax
dollars, up to a maximum of $2,500 per calendar year for out of
pocket healthcare expenses not covered by their medical, dental, or
vision insurance pl ns.
c) Dependent Care F exible Spending Account- Also known as a Day
Care or Childcare Reimbursement Account, the designated pre-tax
dollars, up to a m 3ximum of $5,000 per household- per calendar
year, must be related to expenses which are for dependent care that
enables the employee to remain gainfully employed.
2005---36
SECTION 8. STATUS OF
All employees serve under
Section 34856. Per Government
regulations shall be construed tc
interest in employment.
ENT
the City Manager, pursuant to
C de Section 36506, nothing
provide employees with any
Page 7
Government Code
in these rules and
tenure or property
SECTION 9. SUBMITTAL OF (EMPLOYEE HOME AND EMERGENCY
CONTACT INFORMATION
All full-time and part-time emp oyees are required to complete an Emergency
Notification Form providing their hc me address, phone number and emergency
contact information to Human Resou ces. The Emergency Notification Form must be
submitted to Human Resources with n three (3) working days from date of hire. In
the event an employee's home and/or emergency contact information changes a new
Emergency Notification Form mut be completed and submitted to Human
Resources within (5) working days. All emergency notification information will also
be shared with the City's Emergency Preparedness Coordinator.
SECTION 10. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED
COMPENSATION
The City of Diamond Bar shall pay the employee contribution of said employee
salary to the State Public Employees' Retirement System (PERS) as deferred
income.
SECTION 11. PAY PERIODS
The compensation due to all fficers and employees of the City shall be paid
on a bi-weekly basis.
SECTION 12. PAY DAYS
Warrants, checks or electronic transfers in the payment of compensation shall
be made available by the City toemployees and officers of the City on the Friday
succeeding the close of any given pay period. In an event that pay day falls on a
holiday, all warrants, electronic transfers or checks in payment of compensation shall
be made available to the City employee on the last work day preceding the holiday.
SECTION 13. WORKING HOURS AND OVERTIME
A. Nine (9) hours Monday through Thursday and eight (8) hours on Friday,
exclusive of lunch period, shall constitute a day's work for all full time
employees participating in the 9180 flex plan. Employees participating in the
9180 -flex plan will work 80 hours in a nine -day period.
2005-36
Page 8
Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all
full time employees participatin in the traditional eight- (8) hour work
schedule.
B. The official work week of the
Thursday, 7:30 a.m. to 5:30 p.r
the duty of each Department H
that each employee therein
calendar week. The City Man
perform service in excess of fi
convenience so requires.
ty of Diamond Bar shall be Monday through
, and Friday, 7:30 a.m. to 4.30 p.m. It shall be
3d to arrange the work of their Department so
call not work more than five days in each
ter may require an employee to temporarily
(5) days per week when public necessity or
1. The work period will be begin at 12:01 p.m. on Friday and end the following
Friday at noon for all full-time employees on a traditional schedule and all
full-time employees scheduled to be off on Fridays in accordance with the
9180 work schedule.
2. The work period will begin at 12:01 p.m. on Monday and end the following
Monday at 12 noon for all full-time employees scheduled to be off on
Mondays in accordance with the 9180 schedule.
C. Whenever an employee, other han an exempt employee, shall be required to
work overtime, beyond 40 hours per week, such person shall receive
compensation for such overtime worked at one and one-half (1 '/2) times the
regular rate of pay, provided they have completed full 40 hour work week.
D. Any full time employee, other than an exempt, who is required to work on an
observed holiday beyond the regular 40 hour work week, shall be entitled to
pay at the rate of two (2) times the regular rate of pay provided they have
worked a 40 hour work week.
E. Hourly and non-exempt employees are prohibited from working overtime
without express authorization fr m the City Manager.
F. Employees who are exempt from the Fair Labor Standards Act (FLSA)
overtime provisions are comp nsated on a salary basis and only deductions
from salary that are consistent with FLSA will be made.
G. There is nothing contained within this Section to exclude the City from
implementing a 4-10 or traditional Plan at their option.
SECTION 14. ANNUAL VACATION
The purpose of annual vacation leave is to enable each eligible employee annually to
return to his or her work mentally and physically refreshed. All eligible employees
shall be entitled to annual vacation le ve with pay as follows:
2005--35
A. A full time employee, pursuar
vacation, to be accrued at the
time employees are eligible f
upon hours scheduled to work.
YEARS OF SERVICE
Page 9
to the below schedule, shall be entitled to a
appropriate hours per pay period. Regular part -
►r vacation at a pro -rated accrual rate based
1 -5 80 ours
6-10 120 hours
11 & up 160 hours
ACCRUAL
3.08 hours per pay period
4.62 hours per pay period
6.15 hours per pay period
B. Vacation time may be accum lated to a maximum of 320 hours. Once the
320 -hour maximum accumulat on is exceeded, no further vacation leave shall
accrue until the employee redu es the accumulation below the maximum.
C. The total vacation allowance (shall be computed to the nearest whole day
based upon the number of full months of City service.
D. In the event one or more observed holidays follow accumulated vacation
leave, such days shall not be charged as vacation leave and the vacation
leave shall be extended accordingly for those employees eligible for such
holidays.
E. An employee shall take vacati n at such time during the calendar year based
upon due regard to the needs of the employee's services and the work
schedule.
F. Employees are eligible to
accumulated.
G. The time set for the vacat
approval of the City Council.
H. Employees who terminate
and accumulated vacation.
All vacation requests shall
employee's supervisor and
vacation leave, as it is accrued and/or
of the City Manager shall be subject to the
II be paid the salary equivalent to all accrued
made at least ten (10) days in advance and
Manager must give prior approval.
J. If an employee does not request time off in advance and simply does not show
up for work, the City Manager may deny the use of vacation time or other
benefit for the time off, and said employee is subject to disciplinary action
including discharge.
2005--36
Page 10
K. Exempt employees, for the purpose of accrual, shall be credited with previous
municipal experience, up to five (5) years of full-time service.
SECTION 15. SICK LEAVE
A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08
hours per pay period. Regular art -time employees are eligible for sick leave
and receive a pro -rated accrual rate based upon hours scheduled to work.
B. Employees are eligible to use sick leave, as it is accrued and/or accumulated.
C. Absence or illness may not be charged to sick leave if not already accrued
and/or accumulated.
D. Each full time employee shall a paid annually for all accrued sick leave in
excess of the maximum allows le accumulation of 200 hours at a rate of one-
half the employee's current wac a at the time of payment. Said payment is to
be made during the month of December, or at such other time as the City
Manager may determine, at his her absolute discretion, as appropriate.
E. Sick leave shall be allowed on y in case of necessity and actual sickness or
disability of the employee or dependent family members, as determined by the
City Manager. In order to receive sick leave with pay, the employee shall
notify the supervisor or Department Head prior to or within two (2) hours after
the time set for beginning daily duties. The City Manager may, if he/she
deems necessary, require the employee to file a Physician's Certificate or a
Personal Affidavit.
F. Sick leave shall not accrue t any employee for any month in which that
employee is on unpaid leave a d does not work a minimum of 80 hours in any
one month.
G. If an employee does not sho up for work and does not call in within two
hours, the City Manager may d ny use of sick leave for the unauthorized time
off and employee is subject to c isciplinary action.
H. Except as otherwise requiredy law, employees using all accumulated sick
leave may be deemed to have bandoned their employment.
After five (5) years of service, hen an employee retires, resigns or terminates
in good standing, that employe will be paid all accumulated sick leave at a
rate of one-half (1/2) of the employee's current rate of pay at his/her date of
termination.
J. Sick leave to attend to the illness of a child, parent, spouse, or domestic
partner of the employee (pursu nt to California Labor Code Section 233). Use
2405--35
Page 11
of sick leave for this purpose (as opposed to when used for an employee's
own illness), shall be limited to half the yearly sick leave entitlement in any one
(1) year period. The amount of leave available is limited to what the employee
accrued prior to utilizing sick leave for this purpose. Additionally, sick leave
taken for this purpose shall b allowed only in the case of necessity of and
actual illness of an employee's child, parent, spouse, or domestic partner as
determined by the City Manager. In order to receive sick leave with pay for
this purpose, the employee sh all notify the Department Head prior to or within
two (2) hours after the start of the employee's scheduled work shift. The City
Manager may, if he/she deems necessary, require the employee to file a
Physician's Certificate (regarding the illness of the employee's child, parent or
spouse) stating the cause of absence, Use of sick leave under this section
shall not extend the maximum period of leave to which an employee is entitled
under Family and Medical Lea a (Section 16).
SECTION 16. FAMILY AND MEDICAL LEAVE
The family and medical leave policy complies with the California Government
Code, Sections 12945, 12945.2, and 19702.3, and the federal Family and Medical
Leave Act of 1993. California law shrill prevail unless preempted by federal law.
Copies of the state and federal acs are available in the Personnel Department.
Following is a summary of pertinent sections.
A. The family and medical leave allows for an eligible employee to take twelve
(12) weeks of leave in a twelve (12) month period for the birth, adoption, or
foster care of a child; the serious health condition of the employee's child,
parent, spouse, or domestic artner; or the employee's own serious health
condition.
B. During the twelve (12) week
benefit time such as vacation,
employee's request during th(
total time off does not exceed
In addition, accrued sick lea,
accordance with Section 15.
leave and accrued leave bala
still eligible to take the time, t
leave time (sick or vacation).
>eriod, paid leave may be charged to accrued
administrative leave and floating holidays, at the
family and medical leave period as long as the
Helve (12) weeks in a twelve (12) month period.
may be used at the employee's request, in
If the employee has extinguished their benefit
ce, but have a balance in their FMLA, they are
it must do so at no pay and with no accrual of
C. Health insurance benefits sh II continue for the duration of the family and
medical leave under the same conditions as if the employee had continued
employment. If the employee fails to return to work after the period of leave to
which the employee is entitled has expired, the City is entitled to recover the
premiums paid on behalf of the employee for maintaining coverage.
2005-36
Page 12
D. To be eligible for family and medical leave, the employee must be employed
by the City of Diamond Bar for at least 12 months and has worked at least
1,250 hours over the previous 12 -month period for the City of Diamond Bar.
E. The City will use a rolling 12 -month period measured backward from the date
the employee uses FMLA.
F. The City Manager may, if he/she deems necessary, required the employee to
file a Physicians Certificate or ersonal Affidavit stating the cause of absence.
G. When a husband and wife are both employed by the City of Diamond Bar, they
are limited to a total of 12 weeks collectively for family leave during the 12 -
month period.
H. Employee will be reinstated to he same position of employment held when the
employee's leave commenced; or reinstated to an equivalent position with
equivalent employment benefits, pay, and other terms and conditions of
employment, unless position ceased to exist for reasons unrelated to the
leave.
SECTION 17. CALIFORNIA PAID FAMILY LEAVE
California Paid Family Leave
(SDI). Unlike SDI, which partially s
disability, injury, or pregnancy, P
employee wage loss for individuals w
or bond with a new child. Benefits a
twelve (12) month period. Paid Farr
Employment Development Division I
deductions.
SECTION 18. PREGNANCY
is a component of State Disability Insurance
overs employee wage loss due to a personal
rid Family Leave Insurance partially covers
ho need to care for a seriously ill family member
-e available for a maximum of six (6) weeks in a
ily Leave and SDI are both administered by the
EDD) and funded entirely by mandatory payroll
SABILITY LEAVE
Separate from FMLA, when an employee is pregnant, they are eligible for six
weeks of leave for a normal childbirth and up to 16 weeks when there is certification
by a physician that there is a disability or related medical condition due to the
pregnancy.
A. During the Pregnancy Disab
accrued benefit time such
holidays, at the employee's i
used at the employee's re+
employee has extinguished ti
have a balance in their PDL,
so at no pay and with no acct
ity Leave Time, paid leave may be charged to
is vacation, administrative leave and floating
-quest. In addition, accrued sick leave may be
uest, in accordance with Section 15. If the
eir benefit leave and accrued leave balance, but
hey are still eligible to take the time, but must do
jai of leave time (sick or vacation).
2005--36
B. Health insurance benefits sh
Disability Leave under the sa
employment. If the employee
which the employee is entitle
premiums paid on behalf of th
Page 13
11 continue for the duration of the Pregnancy
ie conditions as if the employee had continued
ails to return to work after the period of leave to
has expired; the City is entitled to recover the
employee for maintaining coverage.
C. The City Manager may require the employee to file a physician's certificate or
personal affidavit if the leave is to be for more than a six-week period.
SECTION 19. BEREAVEMEN LEAVE
When circumstances are SL
conditions warrant, three (3) paid bE
event of death of a relative of a full -ti
domestic partner, parents, children,
grandchildren, half-brothers, half-sist
may be approved by the City Manage
h and the City Manager determines that
eavement leave days may be granted in the
ie employee. "Relative" is defined as spouse,
step -children, brother, sisters, grandparents,
-s, aunts, uncles, to the City employee or as
SECTION 20. UNAUTHORIZED LEAVE
If an employee does notsho up for work for three consecutive work days
without notifying said employee's supervisor or Department Head, said employee
shall be considered to have voluntarily terminated employment with the City.
SECTION 21. ON-THE-JOB INJURY
Whenever a person is compe
on account of injury arising out of or
determined by the Workers' Compen
rated accrued sick leave, if any, to
amount of the difference between
Compensation Act and that employe
employee's earned sick leave. An e
any earned vacation time in like ma
pay the employee up to three (3) da
to an on-the-job injury and if not COVE
SECTION 22. JURY DUTY/
If a full-time employee is Calle
pay while actually performing jury s
employee as payment for services
mileage paid to the employee, as a
item to the City. Regular part-time
such as a pro -rated accrual rate bas
true if an employee is required by la
ed to be absent from employment with the City
n the course of that employee's employment as
ration Act, the employee may elect to apply pro -
such absence to receive compensation of an
ie compensation received under the Workers'
:'s regular pay, not to exceed the amount of the
iployee in such instance may also elect to use
ner after sick leave is exhausted. The City will
s of that employee's regular salary as it relates
-ed by Workers' Compensation.
URT WITNESS LEAVE
I for jury duty, such person shall receive regular
�rvice, however, any amount received by such
as juror shall be reimbursed to the City. All
uror shall not be considered as a reimbursable
mployees who are eligible for jury duty receive
;d upon hours scheduled to work. The same is
i (e.g., under subpoena) to testify in court. The
2.005--36
Page lei
employee must give reasonable notice to their supervisor that he or she is required to
serve.
SECTION 23. ELECTION LEA
If a full time employee does no
to vote at a statewide election, the vc
working time, which when added to the
will enable the voter to vote. Regula
leave based upon hours scheduled ti
taken off for voting shall be without lo;
at the beginning or end of the regula
free time for voting and the least tir
otherwise mutually agreed upon. The
working days' notice that time off for vc
SECTION 24. SCHOOL VISIT
Full time and regular part time e
hours of leave for the purpose of pa
Vacation or floating holiday leave mus
time off cannot exceed eight (8) hou
employee has exhausted all accrued v
without pay may be taken for this purpc
have sufficient time outside of working hours
er may, without loss of pay, take off enough
voting time available outside of working hours
part time employees are eligible for election
work. No more than two hours of the time
of pay. The time off for voting shall be only
work shift, whichever allows for the greatest
e off from the regular working shift, unless
mployee shall give the supervisor at least two
ing is desired.
VE
nployees are permitted to use up to forty (40)
icipating in their children's school activities.
be used for this purpose, and the request for
in any calendar month. In the event the
cation leave and floating holiday hours, leave
>e and all hour restrictions apply.
SECTION 25. MILITARY DUTY LEAVE
Employees may be granted unp id leave, as well as reemployment and job
protection rights, when they leave their job to enlist or participate in military or reserve
services in accordance with the provisi ns of current federal and state law.
SECTION 26. POLITICAL LEA
Political leave shall be granted to any employee who is declared a candidate
for public office subject to the provisions of Section 31: Leave without Pay
SECTION 27. ATTENDANCE
Full time employees shall be ir attendance at their work in accordance with
the rules regarding hours of work, holidays, and leave. Departments shall keep
attendance records of all employees. Absence of any employee without leave may
result in possible disciplinary action, including discharge.
2005f-36
SECTION 28. HOLIDAYS
A. Holidays which fall on Satur
and holidays which fall on Su
Paid holidays are only for the
B. The City of Diamond Bar's obs
1.
New Year's Day
2.
President's Day
3.
Memorial Day (ot
4.
Independence D�
5.
Labor Day (obsei
6.
Veteran's Day (N
7.
Thanksgiving Da,,
8.
Day following Th;
9.
Christmas Eve (C
10.
Christmas Day (C
11.
Sixteen (16) Floa
Page 15
iy shall be observed on the preceding Friday,
Jay shall be observed on the following Monday.
bserved days.
,rued paid holidays are as follows:
January1)
)bserved the third Monday in February)
served the last Monday in May)
y (July 4)
red first Monday in September)
fvember 11)
nksgiving Day
acember 24)
ecember 25)
ing Holiday Hours
C. If an observed holiday falls or a nine (9) hour work day under the 9180 work
schedule, those employees or the 9180 schedule shall receive nine (9) hours
of holiday pay and those employees on a traditional work schedule shall
receive eight hours of holiday pay.
D. If an observed holiday falls on an eight (8) hour work day under the 9180 work
schedule, those employees on the 9180 schedule shall be receive eight (8)
hours of holiday pay and those employees on the traditional work schedule
shall receive eight (8) hours of holiday pay.
SECTION 29. FLOATING HOLIDAY HOURS
A. Each full time employee is allowed sixteen (16) hours per calendar year,
January through December. Regular part-time employees are allowed
prorated floating holiday hours per calendar year, January through December
based upon hours scheduled to work.
B
C
D
E
Floating Holiday hours are noncumulative and must be used during the above
period or said employee will lose the allocated hours.
Each employee must submit a request in advance, and approval must be
given by the employee's supe isor and Department Head.
An employee is eligible to use floating holiday hours as they are accrued.
Floating Holiday hours may be used in lieu of sick leave only if all other benefit
time has been exhausted.
2005--36
SECTION 30. TRAINING PLAN
The City Manager and em
specialized training in the form of sy
City's expense.
SECTION 31. LEAVE OF
The City Manager may grant c
pay for a period not to exceed one (1
upon written request of the employ
Approval will be in writing. Upon expi
reasonable period of time after noti
reinstated in the classification held at
of an employee on leave to report pr
time after notice to return to duty,
absence shall not be counted as a i
continuous employment requirement 1
of absence without pay does not accn
while on leave. Such employee doe
vacation time that had been accumula
SECTION 32. RESIGNATION
Page 16
as of the City are eligible to request
iums, special courses, forums, etc., at the
WITHOUT PAY
regular employee a leave of absence without
year. No such leave shall be granted except
:e, setting forth the reason for the request.
ation of a regularly approved leave or within a
:e to return to duty, the employee shall be
ie time leave was granted. Failure on the part
�mptly at its expiration, or within a reasonable
fall be cause for discharge. Such leave of
reak in service for purposes of satisfying the
)r vacation allowance. An employee on leave
e sick leave, vacation time, or receive benefits
not lose or forfeit any sick leave or unpaid
ad prior to the time being granted.
An employee wishing to termi ate employment in good standing shall file a
written resignation with the City Manager stating the effective date and reasons for
leaving, at least two (2) weeks prior to the resignation. Failure to give such notice
shall mean the employee did not terminate in good standing, unless by reason of
hardship and upon that employee's request, the City Manager has waived the two-
week notice requirement.
SECTION 33. ANTI -NEPOTISM PROVISION
A. Relatives of those listed belo may not be employed anywhere in the City
organization:
1.
City Council Mem
2.
Standing Board a
3.
Management Tea
5.
Employees of the
6.
Employees of the
B. The employment of a relative v
1. Perform joint duti
2. Share responsibi
3. Function in the s;
4. Work on the sam
Commission members;
Members of the City;
ty Manager's Department; or
�rsonnel Department.
in a department is prohibited when they:
I of authority;
ie chain of command; and
shift at the same work site.
C
Page 17
For business reasons of supe ision, safety, security or morale, the City may
refuse to place one spouse under the direct supervision of the other spouse.
D. For business reasons of supervision, safety, security or morale, an employer
may refuse to place both spouses in the same department, division, or facility
if the work involves potential conflicts of interest or other hazards greater for
married couples than other persons.
E. "Relative" means child, stepchild, parent, grandparent, grandchild, brother,
sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent -in-law,
brother -in law, sister-in-law, or another individual related by blood or marriage.
F. "Employee" means any person who receives a City paycheck for services
rendered to the City.
G. For business reasons, these sections shall be enforced to address the
marriage of employees in the City's employment, within six (6) months of said
marriage.
H. Exceptions to this section may be made by the City Manager in unusual
circumstances where the concerns addressed by this policy are not implicated.
Any appeal of the enforcement of this section shall be in accordance to the
City's grievance procedures.
SECTION 34. NON-DISCRIMINATION
No person employed by the City of Diamond Bar or seeking employment with
the City, shall be discriminated against in recruitment, examination, appointment,
training, promotion, retention, discipline, or any other aspect of personnel
administration because of race, color, religion, national origin, ancestry, marital
status, sex, age, physical or mental disability, sexual orientation, political or religious
opinions or affiliations, taking of FMLA or pregnancy disability leave, religious creed,
medical condition, or any other characteristic protected by law.
SECTION 35. EMPLOYEE
PROCEDUR
It is the intent of the City
employee's performance evaluatio
A. Employee and supervisor
performance evaluation.
ERFORMANCE EVALUATION APPEALS
offer fair and equitable appeals procedures for
Below are the official guidelines.
meet to review and discuss the employee's
2005--36
Page 18
B. The employee may respond in writing to the contents of the evaluation. The
employee must submit this response to the Department Head within five (5)
working days immediately following receipt of the evaluation.
C. The Department Head, as the reviewing official, shall respond in writing to the
employee within five (5) working days. This response becomes an official part
of the evaluation.
D. If the Department Head does not respond or if the employee chooses to
continue to appeal following he response from the reviewing official, the
employee must submit an addi ional written response to the Personnel Officer
within five (5) working days after receipt of the reviewing official's response.
E. The Personnel Officer shall review the evaluation appeal within five (5) days
with the employee, supervisor and Department Head. Every effort will be
made at this level to resolve the appeal. If the Personnel Officer and City
Manager are the same, the appeal shall proceed directly to the City Manager.
F. If the matter is not settled, written appeal may be submitted to the City
Manager by the employee wit in five (5) working days following the decision
rendered in writing by the Per onnel Officer.
G. The City Manager shall re,
Department -Head and Pers
writing within fifteen (15) wo
of the City Manager shall be
SECTION 36. POST OFFER
w the appeal with the employee, supervisor,
nel Officer. The decision shall be rendered in
ng days by the City Manager, and the decision
gal.
HYSICAL EXAMS
As a condition of an offer of City employment all candidates must successfully
pass a post -offer physical and substance abuse exam and are subject to
fingerprinting and a background investigation. The candidates being considered for
employment will be sent to a City authorized physician at the City's expense.
SECTION 37. EMERGENCY CALL -OUT POLICY
The following Emergency Ca I -Out Policy shall be adhered to:
A. When a full time employee or parttime, other than an exempt employee, is
called out for a City emergency, the employee shall be given a minimum of
two hours pay, regardless of the amount of time it takes to rectify the problem.
B. The employee shall be paid overtime per Section 12.
2005--36
Page 19
SECTION 38. ADMINISTRATIVE LEAVE
Exempt employees are allowed eighteen (18) hours of administrative leave per
fiscal year. Executive Management employees are allowed thirty-six (36) hours of
administrative leave per fiscal year. Additional days of leave may be authorized by
the City Manager, based on the number of total hours the individual works over and
above 40 hours per work week.
Administrative leave may be accumu ated and carried over to the following year for a
maximum of two years. Administrative leave must be used by June 30 of the second
fiscal year. Requests shall be submitted to employee's immediate supervisor for
approval then forwarded to the City Manager for approval. Use of Administrative
leave will be authorized at the convenience of the City and the work schedule.
SECTION 39. MEDICARE
Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all
employees hired after March 31, 1987 will have 1.45 percent of their base salary
deducted from their paycheck to be paid to Medicare. The City will match the 1.45
percent as mandated by law.
SECTION 40. IMMIGRATION REFORM AND CONTROL ACT OF 1986
In compliance with the Immigration Reform and Control Act of 1986, all new
employees must verify identity and entitlement to work in the United States by
providing required documentation.
SECTION 41. EXTENDED
The Consolidated Omnibus
provides for the continuation of h
terminated employment and benefic
are divorced. Employees become E
service, whether voluntary or not
retirement or reduction in hours woi
continued coverage is available for
SECTION 42. TUITION RE
Subject to Council fiscal yer
part-time (on a pro -rated basis) er
amount of $1500 per fiscal year
courses (including tuition and rel
Personnel Officer or his/her desigr
Reimbursement under this Sect
attainment of a letter grade of "C" (
EFITS — COBRA
Budget Reconciliation Act of 1985 (COBRA)
alth care coverage to certain employees who
aries of employees who die, become disabled or
igible for continued coverage upon termination of
(other than termination for gross misconduct),
;ed. For these employees and their dependents,
ie time period set forth by law, at their expense.
RSEMENT
r budget authorization, each full-time and regular
iployee shall be entitled to reimbursement in the
for college -level or university -level educational
ted books), which have been approved by the
ate as being job-related and of value to the City.
:)n is contingent upon the verification of the
r better, or in those cases where no letter grade is
2005-36
given, verification of completion of th,
submittal of a receipt for registration
reimbursement is being requested. Ir
approved/verified course; a syllabus,
the book as being required for the COL
shall be submitted.
SECTION 43. PERSONAL
Page 20
course with a "Pass" or "Credit" grade and
bearing the - name of the course, for which
the case of reimbursement for books for any
:ourse reading list or course outline showing
se, plus a receipt bearing the title of the book
ER PURCHASE LOAN PROGRAM
All designated officials and full-time and regular part-time employees are
eligible to receive interest-free loans between $250 and $2,500 for the purpose of
financing a personal computer, a printer, and/or City -compatible software so they can
learn and gain experience by working with a personal computer away from the office
and outside of regular business h urs. An employee may purchase a more
expensive system, but he/she must pay the balance over $2,500. The loan covers
90% of the total price of the equipment/software being purchased. The employee
pays the remaining 10% of the purchase price at the time of purchase. Loans are
made on a first-come, first-served basis based on available funds. Once the money
for the employee loans has been o ligated, the fund will be replenished through
payroll deductions from outstanding owns. New loans will then be made as funds
become available. Loans will be for a maximum term of 24 months and will be repaid
through payroll deductions on a biwe kly basis.
SECTION 44. PART TIME EMPLOYEES' RETIREMENT
Effective July 1, 1991, inter
covered by a retirement system,
contribution rate shall be 5.2% on
employer's tax rate is the same.
except from coverage, under this
under the State Public Employees'
mi tent and seasonal part-time employees will be
u der Social Security (OASDI). An employee's
w ges up to the maximum provided by law. The
Election workers and emergency workers are
e tion. Regular part-time employees are covered
R tirement System (PERS).
SECTION 45. SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence, or work of this Resolution be rendered or declared invalid by any final
Court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences, and words of
this Resolution shall remain in full force and effect.
2005--36
SECTION 46. Resolution No.
PASSED, ADOPTED AND
Page 21
is hereby repealed in its entirety.
THIS 21s; day of ann- —2005-
Wen
,2005.
Wen Chang, Mayo
I, Linda C. Lowry, City Manager of the City of Diamond Ba,--& hereby certify
that the foregoing Resolution was passed, approved and adopted at a meeting of the
City Council of the City of Diamond Bar held on the day of
jul,,, , 2005, by the following vote:
AYES: COUNCIL MEMBERS. Herrera, Tanaka, Zirbea:
MPT/O'Connor, K/Chang
NOES: COUNCIL ME BERS: Ni mie
ABSENT: COUNCIL MEMBERS: Kone
ABSTAIN: COUNCIL MEMBERS: None
ATTEST:
Li da C. Lowry, City C rk
City of Diamond Bar
2005•-36