HomeMy WebLinkAboutRES 2002-28RESOL
RESOLUTION OF THE CITY OF DIAMC
REGULATIONS REGARDING THE PA
LEAVES OF ABSI
RESCINDING RESO
THE CITY COUNCIL OF THE CITY
AND DETERMINES AS FOLLOWS:
NO. 2002-_28_
BAR SETTING FORTH PERSONNEL RULES AND
ENT OF SALARIES, SICK LEAVE, VACATIONS,
AND OTHER REGULATIONS;
sI NO. 2001-43 IN ITS ENTIRETY.
DIAMOND BAR HEREBY RESOLVES, ORDERS,
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;
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,
WHEREAS, the City Council has dete ined that it is necessary to the efficient operation and
management of the City that rules and regulatio s be maintained prescribing sick leave, vacation, leaves
of absences, and other regulations for the officers and employees of the City; and
NOW, THEREFORE BE IT RESOL
California, as follows:
SECTION 1. COMPREHENSIVE
Pursuant to Ordinance 21 (1989), the a
authorized full-time and part-time positions
Council.
SECTION 2. JOB CLASSIFICATI
by the City Council of the City of Diamond Bar,
CLASSIFICATION AND SALARY SCHEDULES
3rehensive job classification and salary schedule for
be established upon adoption of a resolution by the City
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 E alary resolution.
A. Hourly Non -benefited Positions — Positions numbered 100-899.
These positions are classified and referenced as either seasonal or intermittent part-time.
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 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 calendar year.
B. Hourly Benefited Positions — Positions numbered 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 exempt full-time employees on a pro -rated basis.
2002-28
C. Full-time Non- Exempt Positions — Posi
Positions in job classifications number(
(FLSA) overtime requirements.
D. Full-time Exempt Positions — Positions n
The City of Diamond Bar has determine
employees are exempt from the overtii
classifications numbered 1600 and above
E. Executive Management Positions —
positions which are also classified as
SECTION 3. ADVANCEMENT
Rules Resolution
Page 2
)ns numbered 1000-1599.
1000-1599 are subject to the Fair Labor Standards Act
ribered 1600-1999.
that various executive, administrative and professional
requirements of the FLSA. Employees in the job
.e considered exempt.
numbered 2000-3999 are Executive Management
THESALARYSCHEDULE
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, so 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.
C. An employee that has received a one -ye evaluation and has reached the top step in their job
classification shall be moved to a July 1 ual evaluation date.
D. An employee shall receive their annual
of timely evaluation.
SECTION 4. PROBATION
increase on time regardless of supervisor's completion
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 determi a 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 Ieave 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
given notice in writing prior to the expiry
C. During the probationary period an
without the right of appeal.
ild be extended, the probationary employee shall be
of the original probationary period.
may be rejected at any time without cause and
2002-28
Rules Resolution
Page 3
SECTION 5. MILEAGE
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.
SECTION 6. HEALTH, DENTAL, VISION, LIFE, DEFERRED COMPENSATION,
LONGTERM DISABILITY AND UNEMPLOYMENT INSURANCE.
All designated officials, full-time emp oyees and designated regular part-time employees are
eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and
unemployment insurance within the City's gro p insurance carrier(s), with the administrative cost and
premiums paid by the City to a maximum a tablished in Section 7, after 30 days of employment.
Dependents of employees are eligible for health, dental and vision insurance.
SECTION 7. FRINGE BENEFIT P.
An employee benefit program is auth rized wherein all designated employees, full-time and
designated regular part-time employees have ahoice of medical and/or fringe benefits, as described in
Section 6, in an amount not to exceed $720.00 month (pro -rated for regular part-time employees), paid
by the City.
A. Members of the City Council and ernployee� defined as exempt shall receive an additional $30.00 per
month to be applied as described in Section .
B. All eligible employees shall participate in the Life, Dental and Vision Insurance programs. The City
shall pay the cost of the employee in addition to the benefit program described in Section 6 or Section
7(A). Monies in excess of the City `s 457 Plati shall be paid off annually each December.
C. All eligible employees may participate in thel City's 401(A) deferred compensation plan.
SECTION 8. STATUS OF
All employees serve under the City M ager, pursuant to Government Code Section 34856. Per
Government Code Section 36506, nothing in t ese 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
The City of Diamond Bar shall pay the eployee contribution of said employee salary to the State
Public Employees' Retirement System (PERS) a 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.
200-28
SECTION 11 - PAY DAYS
Warrants, checks or electronic transfers
by the City to employees and officers of the C
period. In an event that pay day falls on a holid
of compensation shall be made available to the (
Rules Resolution
Page 4
i the payment of compensation shall be made available
y on the Friday succeeding the close of any given pay
f, all warrants, electronic transfers or checks in payment
ry employee on the last work day preceding the holiday.
SECTION 12. WORKING HOURS AN OVERTIME
A. Nine (9) hours Monday through Thursday and eight (8) hours on Friday, exclusive of lunch
period, shall constitute a day's work fora 1 full time employees participating in the 9/80 flex plan.
Employees participating in the 9/80 -flex plan will work 80 hours in a nine -day period.
Eight (8) hours, exclusive of lunch peri
participating in the traditional eight- (8)
B. The official work week of the City of Di
to 5:30 p.m., and Friday, 7:30 a.m. to 4:
arrange the work of their Department so
days in each calendar week. The City M
service in excess of five (5) days per wee
1. The work period will be begin at 12
for all full-time employees on a trail
be off on Fridays in accordance with
shall constitute a day's work for all full time employees
ur work schedule.
pond Bar shall be Monday through Thursday, 7:30 a.m.
) p.m. It shall be the duty of each Department Head to
W each employee therein shall not work more than five
.lager may require an employee to temporarily perform
when public necessity or convenience so requires.
p.m. on Friday and end the following Friday at noon
ial schedule and all full-time employees scheduled to
9/80 work schedule.
2. The work period will begin at 12:01 jp.m. on Monday and end the following Monday at 12
noon for all full-time employees sche uled to be off on Mondays in accordance with the 9/80
schedule.
C. Whenever an employee, other than an e empt employee, shall be required to work overtime,
beyond 40 hours per week, such persons all receive compensation for such overtime worked at
one and one-half (1 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 wor ed a 40 hour work week.
E. Hourly and non-exempt employees are prohibited from working overtime without express
authorization from the City Manager.
F. There is nothing contained within this Se tion to exclude the City from implementing a 4-10 or
traditional Plan at their option.
200-28
SECTION 13. ANNUAL VACATION
The purpose of annual vacation leave is to enat
work mentally and physically refreshed. All eli
with pay as follows:
A. A full time employee, pursuant to the bi
at the appropriate hours per pay period.
pro -rated accrual rate based upon hours
Rules Resolution
Page 5
each eligible employee annually to return to his or her
,le employees shall be entitled to annual vacation leave
schedule, shall be entitled to a vacation, to be accrued
.alar part-time employees are eligible for vacation at a
luled to work.
YEARS OF SERVICE ANNUAL TACATION ACCRUAL
1 -5 80 hours 3.08 hours per pay period
6-10 120 hours 4.62 hours per pay period
11 & up 160 hours 6.15 hours per pay period
B. Vacation time may be accumulated to a maximum of 160 hours. Once the 160 -hour maximum
accumulation is exceeded, no further vacation leave shall accrue until the employee reduces the
accumulation below the maximum. The City Manager may approve vacation time accumulations
exceeding 160 hours, provided the vacation hours are scheduled to be expended within one month
of exceeding the maximum hours. The City Manager may also allow the vacation time to be
reduced through the pay out of vacation time. Requests for exceeding maximum accruals or
payout should be submitted in writing to tie City Manager.
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 holiday 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 lime during the calendar year based upon due regard to
the needs of the employee's services and the work schedule.
F. Vacation shall be taken during the year following which the vacation privilege has been earned.
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 �he salary equivalent to all accrued and accumulated
vacation.
I. 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 ir, advance and simply does not show up for work, the
City Manager may deny the use of vaca ion time or other benefit for the time off, and said
employee is subject to disciplinary, action including discharge.
2002-28
K. Exempt employees, for the purpose
experience, up to five (5) years of full -1
Rules Resolution
Page 6
accrual, shall be credited with previous municipal
service.
SECTION 14. SICK LEAVE
A. Sick leave with pay shall be accrued by 1 -time employees at a rate of 3.08 hours per pay period.
Regular part-time employees are eligible 1br sick leave receive such a pro -rated accrual rate based
upon how's scheduled to work.
B. Employees are eligible to use sick leave, as it is accrued and/or accumulated.
C. Unused sick leave may be accumulated to�a maximum total not to exceed 160 hours. Absence or
illness may not be charged to sick leave if of 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 160 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.
E.
Sick leave shall be allowed only in cast.
of necessity and actual sickness or disability of the
employee or dependent family members, its
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 emplo
ee 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 unauth
rized 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.
1.
After five (5) years of service, when anemployee
retires, resigns or terminates in good standing,
that employee 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 tennin
tion.
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. A
ditionally, sick leave taken for this purpose shall be
allowed only in the case of necessity of an
actual illness of an employee's child, parent, or spouse
as determined by the City Manager. In ord
r to receive sick leave with pay for this purpose, the
2002-28
employee shall notify the Department
employee's scheduled work shift. The I
employee to file a Physician's Certificat
spouse) or an Affidavit stating the cause
extend the maximum period of leave to
Leave (Section 16).
SECTION 15. FAMILY AND MEDICAL
Rules Resolution
Page 7
Head prior to or within (2 hours after the start of the
�ity Manager may, if he/she deems necessary, require the
e (regarding the illness of the employee's child, parent or
of absence. Use of sick leave under this section shall not
which an employee is entitled under Family and Medical
VE
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.
Copies of the state and federal acts are availabld 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, paJ
d 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, a
acrued sick leave may be used at the employee's request,
in accordance with Section 15. If the e
ployee 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
or the duration of the family and medical leave under the
same conditions as if the employee had
ontinued employment. If the employee fails to return to
work after the period of leave to which t
ie employee is entitled has expired, the City is entitled to
recover the premiums paid on behalf oft
ie employee for maintaining coverage.
D.
To be eligible for family and medical
eave, the employee must be employed by the City of
Diamond Bar for at Ieast 12 months anc
has worked at least 1,250 hours over the previous 12 -
month period for the City of Diamond Ba
r.
E.
The City will use a rolling 12 -month per
od 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 1
ave during the 12 -month period.
2002-28
H. Employee will be reinstated to the same
commenced; or reinstated to an equivalei
other terms and conditions of employme
the leave.
SECTION 16. PREGNANCY
In compliance with California law, the fc
when an employee is pregnant, they are eligible
16 weeks when there is certification by a physic
due to the pregnancy.
A. During the Pregnancy Disability Leave'
such as vacation, administrative leave
addition, accrued sick leave may be used
If the employee has extinguished their be
in their PDL, they are still eligible to to
of leave time (sick or vacation).
B. Health insurance benefits shall continue f
the same conditions as if the employee hay
to work after the period of leave to which
to recover the premiums paid on behalf of
C. The City Manager may require the employ
the leave is to be for more than a six-week
SECTION 17. BEREAVEMENT LEA
When circumstances are such and the Ci
paid bereavement leave days may be granted in
"Relative" is defined as spouse, parents, c
grandchildren, half-brothers, half-sisters, aunts,
the City Manager.
SECTION 18. UNAUTHORIZED LEA
Rules Resolution
Page 8
osition of employment held when the employee's leave
position with equivalent employment benefits, pay, and
, unless position ceased to exist for reasons unrelated to
LEAVE
wing section has been added. Separate from FMLA,
six weeks of leave for a normal childbirth and up to
that there is a disability or related medical condition
me, paid leave maybe charged to accrued benefit time
nd floating holidays, at the employee's request. In
the employee's request, in accordance with Section 15.
-fit leave and accrued leave balance, but have a balance
the time, but must do so at no pay and with no accrual
the duration of the Pregnancy Disability Leave under
continued employment. If the employee fails to return
ie employee is entitled has expired; the City is entitled
ie employee for maintaining coverage.
to file a physician's certificate or personal affidavit if
Manager determines that conditions warrant, three (3)
e event of death of a relative of a full-time employee.
ldren, step -children, brother, sisters, grandparents,
cies, to the City employee or as may be approved by
If an employee does not show up for work for three consecutive work days without notifying said
employee's supervisor or Department Head, sai 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 fi
out of or in the course of that employee's empl
the employee may elect to apply pro -rated
compensation of an amount of the difference
Compensation Act and that employee's regular
employment with the City on account of injury arising
ent as determined by the Workers' Compensation Act,
ued sick leave, if any, to such absence to receive
ween the compensation received under the Workers'
not to exceed the amount of the employee's earned
2002-28
sick leave. An employee in such instance may
after sick leave is exhausted. The City will p
regular salary as it relates to an on-the-job injury
SECTION 20. JURY DUTY
Rules Resolution
Page 9
also elect to use any earned vacation time in like manner
ry the employee up to three (3) days of that employee's
and if not covered by Workers' Compensation.
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 atte
hours of work, holidays, and leave. Dep
Absence of any employee without leave may
at their work in accordance with the rules regarding
its shall keep attendance records of all employees.
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
)
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
1)
7. Thanksgiving Day
8. Day following Thanksgiving
Day
9. Christmas Eve (December
4)
10. Christmas Day (December
5)
11. Sixteen (16) Floating Holiday
Hours
C. If an observed holiday falls on a nine O
hour work day under the 9/80 work schedule, those
employees on the 9/80 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
O hour work day under the 9/80 work schedule, those
employees on the 9/80 schedule shall
employees on the traditional work schedule
a receive eight (8) hours of holiday pay and those
shall receive eight (8) hours of holiday pay.
2002-28
Rules Resolution
Page 10
SECTION 23. FLOATING HOLIDAY
A. Each full time employee is allowed sixteen (16) hours per calendar year, January through
December. Regular part-time employees ire 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 indvance, and approval must be given by the employee's
supervisor and Department Head.
D. An employee is eligible to use floating
E. Floating Holiday hours may be used in
exhausted.
SECTION 24. TRAINING PLAN
hours as they are accrued.
of sick leave only if all other benefit time has been
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
year, except as otherwise prescribed by law.
SECTION 26. RESIGNATION
granted by the City Manager and shall not exceed one
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.
SECTION 27. ANTI -NEPOTISM
A. Relatives of those listed below may not be,
1. City Council Members;
2. Standing Board and Commi:
3. Management Team Member
5. Employees of the City Mana
6. Employees of the Personnel
ON
anywhere in the City organization:
ion members;
of the City;
er's Department; or
2002-28
B. The employment of a relative within a dE
1. Perform joint duties;
2. Share responsibility of au
3. Function in the same chai
4. Work on the same shift at
C. For business reasons of supervision,
spouse under the direct supervision of
Rules Resolution
Page 11
is prohibited when they:
of command; and
ie same work site.
ty, security or morale, the City may refuse to place one
other spouse.
D. For business reasons of supervision, saf ty, security or morale, an employer may refuse to place -
both spouses in the same department, di iision, or facility if the work involves potential conflicts
of interest or other hazards greater for mE rried 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 recei�es 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 riot implicated. Any appeal of the enforcement of this
section shall be in accordance to the Citys grievance procedures.
SECTION 28. NON-DISCRIMINATIO
The City of Diamond Bar does hereby af irrn 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, den y the benefits to, or subject to discrimination any person
on the basis of race, color, sex, religious affiliatiori, national origin, age or disability, thereby affirming the
City of Diamond Bar's posture as an equal opport inity 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 t the contents of the evaluation. The employee must
submit this response to the Department H ad 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 beco es an official part of the evaluation.
2002-28
D. If the Department Head does not
following the response from the i
written response to the Personnel
reviewing official's response.
Rules Resolution
Page 12
or if the employee chooses to continue to appeal
official, the employee must submit an additional
within five (5) working days after receipt of the
E. The Personnel Officer shall review the a aluation appeal within five (5) days with the employee,
supervisor and Department Head. Every ffort 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. 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 day 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 endered 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 must successfully pass a post -offer physical and
substance abuse exams 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 31. EMERGENCY CALL-OTJT 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 S ction 12.
SECTION 32. ADMINISTRATIVE LE
Exempt employees are allowed sixteen (16) 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 not be accumulated and carried over to the following year. It must be used by
June 30 of each fiscal year. Leave may be granted in hourly increments. Requests shall be submitted to
employee's immediate supervisor for approval, then forwarded to the City Manager for approval.
Administrative leave will be authorized at the convenience of the City and the work schedule.
2002-28
SECTION 33. MEDICARE
Pursuant to Revenue Billing 86-68 of
31, 1987 will have 1.45 percent of their base
The City will match the 1.45 percent as mand
SECTION 34. IMMIGRATION
In compliance with the Immigration
verify identity and entitlement to work in the
Rules Resolution
Page 13
Internal Revenue Code, all employees hired after March
ry deducted from their paycheck to be paid to Medicare.
I by law.
AND CONTROL ACT OF 1986
i and Control Act of 1986, all new employees must
States by providing required documentation.
SECTION 35. EXTENDED BENEFIT$ — COBRA
The Consolidated Omnibus Budget R,
continuation of health care coverage to certain e
of employees who die, become disabled or ai
coverage upon termination of service, wheth
misconduct), retirement or reduction in hours
continued coverage is available for the time peri+
SECTION 36. TUITION
Subject to Council fiscal year budget autl
rated basis) employee shall be entitled to rein
college -level or university -level educational co -
been approved by the Personnel Officer or his/hi
Reimbursement under this Section is contingent
"C" or better, or in those cases where no letter
with a "Pass" or "Credit" grade and submittal of
for which reimbursement is being requested.
approved/verified course; a syllabus, course re;
required for the course, plus a receipt bearing the
SECTION 37. PART TIME
-onciliation Act of 1985 (COBRA) provides for the
nployees who terminated employment and beneficiaries
: divorced. Employees become eligible for continued
r voluntary or not (other than termination for gross
worked. For these employees and their dependents,
3 set forth by law, at their expense.
rization, each full-time and regular part-time (on a pro-
ursement in the amount of $500 per fiscal year, for
;es (including tuition and related books), which have
designate as being job-related and of value to the City,
on the verification of the attainment of a letter grade of
•ade is given, verification of completion of the course
receipt for registration bearing the name of the course,
In the case of reimbursement for books for any
ing list or course outline showing the book as being
tie of the book shall be submitted.
S' RETIREMENT
Effective July 1, 1991, intermittent and seasonal part-time employees will be covered by a
retirement system, under Social Security (OAS I). 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 38. SEVERABILITY
The City Council declares that, should an provision, section, paragraph, sentence, or work of this
Resolution be rendered or declared invalid by an 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.
2002-28
Rules Resolution
Page 14
SECTION 39. Resolution No. 2001-43 is hereby repealed in its entirety.
ADOPTED AND APPROVED THIS 16 t hda of April '2002
Wen P. Chang, Mayor
I, LYNDA BURGESS, City Clerk of die 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 ] h t n day of , 2002, by the following vote:
AYES: COUNCIL
NOES: COUNCIL
Herrera, Huff, Zirbes,
MPT/O'Connor, M/Chang
None
ABSENT: COUNCIL MEMB RS: None
ABSTAIN: COUNCIL MEMB RS: None
ATTEST:
Lynda Burgess
City Clerk of the City of Diamond Bar
2002-28