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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