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HomeMy WebLinkAboutRES 2004-29RESOLUTION NO. 2004- 29 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, 2004; RESCINDING RESOLUTION NO. 2003-45 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, express or implied, or any rights in the nature of a contract; 4. WHEREAS, this Resolution will become effective on July 1, 2004; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: SECTION 1. COMPREHENSIVE JOB CLASSIFICATION AND SALARY SCHEDULES Pursuant to Ordinance 21 (1989), 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 CLASSIFICATIONS 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 100-899. These positions are classified and referenced as either seasonal or intermittent part-time. 2004-29 Page 2 1. Seasonal Part-time — a seasonal position is a position that is utilized up to 40 hours per week on a seasonal or partial year basis, but not more than 1000 hours per fiscal year. 2. Intermittent Part-time — an intermittent position is a position that is utilized an average of 19 % hours or 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 and referenced as regular part-time. A regular part-time position is a position that is utilized twelve (12) months per year and works an average of 20 or more 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 Positions — Job Classification Range 1000-1599. Positions in job classification range 1000-1599 are subject to the Fair Labor Standards Act (FLSA) overtime requirements. D. Full-time Exempt Positions — Job Classification Range 1600-1999. 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 job classification range 1600 and above are considered exempt. E. Executive Management Positions — Job Classification Range 2000-3999 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. 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, employees 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 probation 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. 2004-29 Page 3 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. SECTION 4, PROBATION The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work to determine the employee's fitness for the position. 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 period 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 will 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 of $795 a month (pro -rated for regular part- time employees) which can be applied to selected benefit options as described in Section 7. 2004-29 Page 4 A. Members of the City Council, Executive Management and employees defined as full-time exempt shall receive an additional $30.00 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 excess of the City's 457 Plan 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 regular part-time employees) are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and employee assistance program within the City's group insurance carrier(s). The administrative cost and premiums 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 allotment will be paid at the employees' expense as a bi-weekly payroll deduction. 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 plans 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 plan is available to designated officials and full-time and regular part-time employees and their eligible dependents. The City 2004-29 Page 5 pays for employee coverage. If dependent coverage is selected, the premium is deducted from the monthly health benefit allotment. 4. Life/Accidental Death and Dismemberment Insurance: Life and accidental death and dismemberment insurance is provided to all designated officials ($10,000 benefit) and full-time and regular part-time employees ($50,000 benefit). This benefit is provided at no cost to designated officials and full- time employees and at a pro -rated cost to regular part-time employees. Supplemental life insurance is also available. If supplemental life insurance is selected, the premium is deducted from the monthly health benefit allotment. 5. Deferred Compensation: A Section 457 deferred compensation plan is made available to all designated officials and full-time and regular part-time employees through the International City Management Association (ICMA). Employees not encumbering their entire monthly health benefit allotment will have those excess funds deferred into this plan. Employees may also elect to have additional contributions are their expense as a payroll deduction on a bi-weekly basis. Total deferral contributions are not to exceed limits under Section 457 of the Internal Revenue Code. 6. Short-term and Long-term Disability: A short-term and long-term disability benefit is provided to all full-time and regular part-time employees at no cost to the employee. This benefit provides income replacement in the event of a covered disability at 60% of salary up to a maximum of $1500 per week. There is a 15 -day elimination period for short-term disability. 7. Employee Assistance Program (EAP) — All designated officials and full- time and regular part-time employees are eligible to receive face-to-face assessment, treatment and follow-up to help resolve a broad range of personal, work, and family problems. Employees are eligible to receive up to 5 -sessions of treatment with professional counselors for early intervention and treatment at no cost the employee. SECTION 8. STATUS OF EMPLOYMENT All employees serve under the City Manager, pursuant to Government Code Section 34856. Per Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION 9. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED COMPENSATION 2004-29 Page 6 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 10. PAY PERIODS The compensation due to all officers and employees of the City shall be paid on a bi-weekly basis. SECTION 11. PAY DAYS Warrants, checks or electronic transfers in the payment of compensation shall be made available by the City to employees 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 12. 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. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees participating in the traditional eight- (8) hour work schedule. B. The official work week of the City of Diamond Bar shall be Monday through Thursday, 7:30 a.m. to 5:30 p.m., and Friday, 7:30 a.m. to 4:30 p.m. It shall be the duty of each Department Head to arrange the work of their Department so that each employee therein shall not work more than five days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. 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. 2004-29 Page 7 C. Whenever an employee, other than 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 (1 112) 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 from the City Manager. F. Employees who are exempt from the Fair Labor Standards Act (FLSA) overtime provisions are compensated 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 13. 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 leave with pay as follows: A. A full time employee, pursuant to the below schedule, shall be entitled to a vacation, to be accrued at the appropriate hours per pay period. Regular part- time employees are eligible for vacation at a pro -rated accrual rate based upon hours scheduled to work. YEARS OF SERVICE AN N UALVACATI O N 80 hours 120 hours 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 accumulated to a maximum of 320 hours. Once the 320 -hour maximum accumulation is exceeded, no further vacation leave shall accrue until the employee reduces 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. 2004-29 Page S 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 vacation 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 use vacation leave, as it is accrued and/or accumulated. G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. H. Employees who terminate shall be paid the salary equivalent to all accrued and accumulated vacation. All vacation requests shall be made at least ten (10) days in advance and employee's supervisor and City 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. 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 14. 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 part-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 be paid annually for all accrued sick leave in excess of the maximum allowable accumulation of 200 hours at a rate of one- half the employee's current wage 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. 2004-29 Page 9 E. Sick leave shall be allowed only 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 to any employee for any month in which that employee is on unpaid leave and does not work a minimum of 80 hours in any one month. G. if an employee does not show up for work and does not call in within two hours, the City Manager may deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action. H. Except as otherwise required by law, employees using all accumulated sick leave may be deemed to have abandoned their employment. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (112) 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, or spouse of the employee (pursuant to California Labor Code Section 233). Use 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 be allowed only in the case of necessity of and actual illness of an employee's child, parent, or spouse as determined by the City Manager. In order to receive sick leave with pay for this purpose, the employee shall notify the Department Head prior to or within (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) or an Affidavit 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 Leave (Section 16). SECTION 15. 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 shall prevail unless preempted by federal law. 2004-29 Page 10 Copies of the state and federal acts 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 or spouse; or the employee's own serious health condition. B. During the twelve (12) week period, paid leave may be charged to accrued benefit time such as vacation, administrative leave and floating holidays, at the employee's request during the family and medical leave period as long as the total time off does not exceed twelve (12) weeks in a twelve (12) month period. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 15. If the employee has extinguished their benefit leave and accrued leave balance, but have a balance in their FMLA, they are still eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vacation). C. Health insurance benefits shall 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. 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 Personal 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 the 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. 2004-29 Page 11 SECTION 16. PREGNANCY DISABILITY LEAVE In compliance with California law, the following section has been added. 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 Disability Leave Time, paid leave may be charged to accrued benefit time such as vacation, administrative leave and floating holidays, at the employee's request. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 15. If the employee has extinguished their benefit leave and accrued leave balance, but have a balance in their PDL, they are still eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vacation). B. Health insurance benefits shall continue for the duration of the Pregnancy Disability 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. 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 17. BEREAVEMENT LEAVE When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full-time employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, half- brothers, half-sisters, aunts, uncles, to the City employee or as may be approved by the City Manager. SECTION 18. UNAUTHORIZED LEAVE If an employee does not show 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 19. ON-THE-JOB INJURY Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro- rated accrued sick leave, if any, to such absence to receive compensation of an 2004-29 Page 12 amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on-the-job injury and if not covered by Workers' Compensation. SECTION 20. JURY DUTY If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury service, however, any amount received ' by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee, as a juror shall not be considered as a reimbursable item to the City. Regular part-time employees who are eligible for jury duty receive such as a pro -rated accrual rate based upon hours scheduled to work. SECTION 21. ATTENDANCE Full time employees shall be in 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. SECTION 22. HOLIDAYS A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. President's Day (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Sixteen (16) Floating Holiday Hours C. If an observed holiday falls on a nine (9) hour work day under the 9180 work schedule, those employees on 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. 2004-29 Page 13 D. If an observed holiday falls on an eight (8) hour work day under the 9180 work schedule, those employees on the 9/80 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 23. 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. Floating Holiday hours are not cumulative and must be used during the above period or said employee will lose the allocated hours. C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Head. D. An employee is eligible to use floating holiday hours as they are accrued. E. Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been exhausted. SECTION 24. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. SECTION 25. LEAVE OF ABSENCE Leave of absence without pay may only be granted by the City Manager and shall not exceed one year, except as otherwise prescribed by law. SECTION 26. RESIGNATION An employee wishing to terminate 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. 2004-29 Page 14 SECTION 27. ANTI -NEPOTISM PROVISION A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council Members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 5. Employees of the City Manager's Department; or 6. Employees of the Personnel Department. B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. C. For business reasons of supervision, 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 28. NON-DISCRIMINATION The City of Diamond Bar does hereby affirm to adopt and support a policy of non-discrimination with regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will not exclude from participation in, deny the benefits to, or subject to discrimination any person on the basis of race, 2004-29 Page 15 color, sex, religious affiliation, national origin, age or disability, thereby affirming the City of Diamond Bar's posture as an equal opportunity employer. SECTION 29. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES It is the intent of the City to offer fair and equitable appeals procedures for employee's performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. 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 the response from the reviewing official, the employee must submit an additional 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, a written appeal may be submitted to the City Manager by the employee within five '(5) working days following the decision rendered in writing by the Personnel Officer. G. The City Manager shall review the appeal with the employee, supervisor, Department -Head and Personnel Officer. The decision shall be rendered in writing within fifteen (15) working days by the City Manager, and the decision of the City Manager shall be final. SECTION 30. POST OFFER PHYSICAL 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. 2004-29 Page 16 SECTION 31. EMERGENCY CALL -OUT POLICY The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee or part-time, 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. SECTION 32. 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 accumulated 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 33. 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 34. 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 35. EXTENDED BENEFITS — COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for the time period set forth by law, at their expense. 2004-29 Page 17 SECTION 36. TUITION REIMBURSEMENT Subject to Council fiscal year budget authorization, each full-time and regular part-time (on a pro -rated basis) employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), which have been approved by the Personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of °C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. SECTION 37. PART TIME EMPLOYEES' RETIREMENT Effective July 1, 1991, intermittent and seasonal part-time employees will be covered by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to the maximum provided by law. The employer's tax rate is the same. Election workers and emergency workers are excepted from coverage, under this section. Regular part-time employees are covered under the State Public Employees' Retirement System (PERS). SECTION 36. 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. 2004-29 Page 18 SECTION 39. Resolution No. 2003-45 is hereby repealed in its entirety. PASSED, ADOPTED AND APPROVED THIS 15th day of June , 2004 1, Linda C. Lowry, City Manager of the City of Diamond Bar, do 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 i 5th day of T,,,,A , 2004, by the following vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: Linda C. Lowry, City of Diamond Bar 2004--29