HomeMy WebLinkAboutRES 89-68RESOLUTION NO. 89-68
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
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES,
ORDERS, AND DETERMINES AS FOLLOWS:
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 employees and
officers of the City; and
WHEREAS, it is necessary from time to time to establish
comprehensive wage and salary schedules and to fix the rates of
compensation to be paid to officers and employees of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Diamond Bar, California, as follows:
SECTION 1. COMPREHENSIVE WAGE AND SALARY PLAN
There is hereby established a Comprehensive Wage and Salary Plan
for employees of the City of Diamond Bar. The Comprehensive Wage
and Salary Plan is designed to provide for a fair and efficient
framework for the administration of wages and is based upon the
recommendations of the City Manager.
SECTION 2. SALARY SCHEDULE
Pursuant to Title , Article , Section of the Diamond Bar
Municipal Code, the Diamond Bar City Council hereby establishes
the salaries and the various full-time positions of the City of
Diamond Bar. As of July 1, 1989, compensation of the various
classes of positions shall be as shown on Schedule A (attached).
SECTION 3. FULL-TIME SALARY SCHEDULE GUIDELINES
New 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 may 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.
SECTION 4. PROBATION
In an effort to monitor newly -hired employees, the probation
period for newly -hired employees is one year.
Resolution No.
Page 2
SECTION 5. MILEAGE REIMBURSEMENT
Private automobiles are not to be used for City business except as
authorized. The City Manager may authorize such use at the
reimbursement rate of $0.24 per mile. 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, ACCIDENTAL, LIFE AND DISABILITY
INSURANCE, LONG TERM DISABILITY, UNEMPLOYMENT INSURANCE
All full-time employees are eligible to receive group health,
dental, deferred compensation, life, unemployment insurance, and
long-term disability insurance within the City's group insurance
carrier(s), with the administrative costs and premiums paid by the
City to a maximum established in Section 7 after 30 days of
employment. Dependents of employees are eligible for health and
dental insurance.
SECTION 7. FRINGE BENEFIT PACKAGE
An employee benefit program is authorized wherein all officers and
full-time employees have a choice of medical and/or fringe
benefits, as described in Section 6, in an amount not to exceed
$300 a month, paid by the City.
SECTION 8. PART-TIME HOURLY RANGE CHART
Hourly compensation for the various part-time positions shall be
as set forth in Schedule B (attached).
SECTION 9. STATUS OF EMPLOYMENT
All employees serve under the City Manager in accordance with
Government Code Section 34856. Pursuant to Government Code Section
36506, nothing in these rules and regulations shall be construed
to provide employees wi4h any tenure or property interest in
employment.
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 Employee's Retirement System
(PERS) as deferred income.
SECTION 11. PAY PERIODS
The compensation due to all officers and employees of the City
shall be on a bi-weekly basis.
Resolution No.
Page 3
SECTION 12. PAY DAYS
Warrants or checks in the payment of compensation shall be made
available by the City to employees and officers of the City on the
second Wednesday following the completion of each bi-weekly pay
period. in an event that pay day falls on a holiday, all warrants
or checks in payment of compensation shall be made available to the
City employee on the first work day preceding the holiday.
SECTION 13. WORKING HOURS AND OVERTIME
A. Eight (8) hours, exclusive of lunch period, shall
constitute a day's work for all full-time employees,
B. The official work week of the City of Diamond Bar shall
be five (5) working days of eight (8) hours each. It shall be the
duty of each Department Manager to arrange the work of their
Department so that each employee therein shall not work more than
five (5) 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.
C. Whenever an employee, other than an Administrative/
Executive 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 (1-1/2) times the regular rate
of pay, provided they have completed a full 40 hour work week.
D. Any full-time employee, other than an Administrative/
Executive employee, 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. There is nothing contained within this Section to exclude
the City from implementing a 4-10 Plan, at their option.
SECTION 14. ANNUAL VACATION
YEARS OF SERVICE VACATION ACCRUAL
1 - 5 10 days
6 - 10
15 days
it & up 20 days
A. A full-time employee, after twelve (12) months continuous
service with the City of Diamond Bar, shall be entitled to a
vacation of ten (10) work days per year to be accrued at a rate of
4.62 hours per pay period.
Resolution No.
Page 4
B. Vacation time may be accumulated to a maximum of twenty
(20) days. The City Manager may approve vacation time accruals
exceeding twenty (20) days.
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 municipal 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. 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 the salary
equivalent to all accrued vacation earned after one ( 1 ) year of
service has been completed, prior to the effective date of
termination.
I. All vacation requests shall be made at least five ( 5 )
days in advance and prior approval must be given by employee's
supervisor and department head.
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. A week's vacation shall be posted to the initial credit
of the Deputy City Clerk, the City Clerk, the Planning Director
and the Senior Accountant if employed between July 1, 1989 and June
30, 1990.
SECTION 15. SICK LEAVE
A. Sick leave with pay shall be granted full-time employees
at a rate of 2.77 hours per pay period.
B. After six (6) months of continuous service, the employee
is eligible to use sick leave.
C. Unused sick leave shall be accrued to a maximum total not
to exceed 144 hours. Absence or illness may not be charged to sick
leave if not already accumulated.
Resolution No.
Page 5
D. Each full-time employee shall be paid for all accrued
sick leave in excess of the maximum 144 hours at a rate of one-half
(1/2) allowed to be accrued. Accrual of sick leave and buy-back
will be calculated on a calendar basis.
The accrued sick leave over maximum shall be paid once a year at
the employee's current wage at the time of payment. Said payment
is to be made on the first day in December, at such time as the
City Manager may determine at his/her absolute discretion as
appropriate.
After five (5) years of service, when an employee retires, resigns
or terminates in good standing, that employee will be paid all
accrued sick leave at a rate of one-half (1/2) of the employee's
current rate of pay at termination.
E. Sick leave shall be allowed only in case of necessity and
actual s ;:kness or disability of the employee, as determined by the
City Manager. In order to receive sick leave with pay, the
employee shall notify the 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 stating the
cause of absence.
F. Sick leave shall not accrue to any employee for any month
in which that employee is on vacation, sick leave, or does not work
a maximum of seven (7), eight (8) hour working days in any one
month or combination thereof.
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. Employees using all accumulated sick leave may be deemed
to have abandoned their epnployment.
SECTION 16. 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, brothers, sisters, grandparents, grandchildren,
half-brothers, half-sisters, aunts, uncles, or other individuals
related by blood or marriage living in the same household as the
City employee.
Resolution No.
Page 6
SECTION 17. 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 18. 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
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 19. 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.
Compensation for any full-time employee on jury duty shall be
determined and verified by the City Manager. It shall be the duty
of full-time employees requesting compensation under this provision
to obtain for and to present to the City Manager any and all
information as requested !necessary to verify times and dates of
such employee's jury duty.
SECTION 20. ATTENDANCE
Full-time employees shall be in attendance at their work in
accordance with the rules regarding hours of work, holidays, and
leaves. Departments shall keep attendance records of all
employees. Absence of any employee without leave may result in
possible disciplinary action including discharge.
SECTION 21. HOLIDAYS
A. The Diamond Bar's observed paid holidays are as follows:
1. New Year's Day (January 1)
Resolution No.
Page 7
2. Washington's Birthday (observed third Monday in
February)
3. Memorial Day (observed 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 Day (December 25)
10. Floating Holiday (1)
B. 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.
SECTION 22. FLOATING HOLIDAYS
A. Each full-time employee is allowed one (1) floating holiday (8
hours) per calendar year, January through December.
B. Floating Holidays 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. A full-time employee is eligible to use a floating holiday
after 30 days of continuos employment.
E. Floating holidays may be used in lieu of sick leave only if
all other benefit time has been exhausted.
SECTION 23. 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 City expense.
.SECTION 24. LEAVE OF ABSENCE
Leave of absence without pay may only be granted by the City
Manager.
Resolution No.
Page 8
SECTION 25. 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.
SECTION 26. ANTI -NEPOTISM PROVISION
A. Relatives of those listed below may not be employed
anywhere in the City organization:
1. City Councilmembers;
2. Standing Board and Commission members;
3. Administrative/Executive employees of the City;
4. Employees of the City Manager's Department; or
5. Employees of the Personnel Department.
B. The employment of relatives 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, step -child, 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 living in the
same household as the City employee.
Resolution No.
Page 9
F. "Employee" means any person who receives a City paycheck
for services rendered to the City.
SECTION 27. 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 of, or subject to
discrimination any person on the basis of race, religion,
nationality, sex, age, or handicap, thereby affirming the City of
Diamond Bar's posture as an equal opportunity employer.
SECTION 28. EMPLOYEE PERFORMANCE EVALUATION APPEALS
PROCEDURES
It is the intent of the City to offer fair and equitable appeals
procedure 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. This response must be submitted to the department
head within five (5) working days immediately following 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 employee chooses to continue to appeal following
the response from the reviewing official, the employee must submit
an additional written reponse. to the Personnel Director within
five (5) working days of er receipt of the reviewing official's
response.
E. The Personnel Director 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.
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 Director.
G. The City Manager shall review the appeal with the
employee, supervisor, department head and Personnel Director. The
Resolution No.
Page 10
decision shall be rendered in writing within five (5) working days
by the City Manager and shall be final.
SECTION 29. PRE-EMPLOYMENT EXAMS
All individuals who become a candidate for City employment must
successfully pass pre-employment 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 30. EMERGENCY CALL -OUT POLICY
The following Emergency Call -Out Policy shall be adhered to:
A. When a full-time employee, other than an Administrative/
Executive employee, is called out for a City emergency, 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 at the overtime rate outlined
in Section 13.
SECTION 31. ADMINISTRATIVE LEAVE
Administrative/Executive employees are allowed two (2) days
of administrative leave per fiscal year. One (1) additional day
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
week. This would allow for a maximum of three (3) days per fiscal
year.
A. Administrative/Executive employees do not receive paid
overtime, and this leave s to recognize those employees who work
over and above 40 hours p r week.
B. Following is a list of Administrative/Executive
positions:
Senior Accountant/Assistant Finance Director
Supt. of Parks and Maintenance
Administrative Assistant
Secretary to City Manager
City Clerk
Planning Director
C. Administrative leave may not be accumulated and carried
over to the following year. It must be used by June 30 each fiscal
year. Leave may be granted in hourly increments.
Resolution No.
Page 11
D. 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.
SECTION 32. MEDICARE
Pursuant to Revenue Billing 86-88 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 33. 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 34. EXTENDED BENEFITS - COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
provides for the continuation of health care coverage to certain
employees who terminate 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
18 months, at their expense.
ADOPTED AND APPROVED this 1st day of August , 1989,
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was introduced at a
regular meeting of the City Council of the City of Diamond Bar held
on the 1st day of August , 1989, and was finally adopted at
a regular meeting of the City Council of the City of Diamond Bar
held on the 1st day of August , 1989, by the following vote:
Resolution No.
Page 12
AYES: COUNCIL MEMBERS: Forbing, Miller, Werner, Mayor
Pro Tem Horcher, Mayor Papen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
LYWA BURGESS, City Clerk
City of Diamond Bar
SCHEDULE A
Page 1
SALARY SCHEDULE
EFFECTIVE JULY 1, 1989
RANGE
ENTRY
A
B
C
D
1
$1040
$1092
$1147
$1206
$1267
2
1213
1276
1340
1407
1479
3
1410
1481
1555
1633
1715
4
1423
1494
1569
1647
1729
5
1541
1618
1699
1784
1873
6
1568
1646
1728
1814
1905
7
1624
1705
1790
1880
1974
8
1638
1720
1806
1896
1991
9
1700
1785
1874
1968
2066
10
1875
1969
2067
2171
2279
11
1984
2083
2187
2296
2411
12
2004
2104
2209
2319
2435
13
2128
2234
2346
2463
2586
14
2306
2421
I
2542
2669
2802
15
2358
2476
2600
2730
2867
16
2665
2798
2938
3085
3239
17
2972
3121
3277
3441
3613
18
3404
3574
3753
3941
4138
NUMBER OF FULL-TIME
POSITION AUTHORIZED POSITIONS
RECEPTIONIST/CLERK
SCHEDULE A
Page 2
SALARY RANGE
(JR CLERK TYPIST)
1
3
MAINTENANCE WORKER I
1
5
DEPUTY CITY CLERK
1
PLANNING SECRETARY
0
ADMINISTRATIVE ASSISTANT
0
ASST. SUPT. OF PARKS & MAINT.
0
EXEC. SECY./OFC. MANAGER
1
14
ACCOUNTANT
0
CITY CLERK
1
SUPT. OF PARKS & MAINTENANCE
1
14
ASST. TO CITY MANAGER
0
DEPUTY FINANCE DIRECTOR
1
DIRECTOR OF PLANNING
0
CODE ENFORCEMENT OFCR.
0
TOTAL AUTHORIZED POSITIONS
EXCLUDING CITY MANAGER
* To be set at a future date
8