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CITY OF NEWPORT BEACH
RESOLUTION N0. 5a
Effective August 1, 1960
PAGE NO.
SECTION I. DEFINITIONS 1
SECTION II. INTENT 4
A. Employment Standards 4
B. City's Responsibility to Employee 4
SECTION III. CLASSIFICATION PLAN 4
A. Preparation of Classification Plan 4
1. Classification of Positions 4
2. Preparation and Content of Class Specifications 4
3. Interpretation of Class Specifications 4
B. Adoption of Classification Plan 4
C. Administration and Maintenance of Classification Plan 4
SECTION IV. COMPENSATION PLAN 5
A. Salary Ranges and Salary Bates 5
1. Full-time Regular, Probationary, and Acting Appointments 5
2. Other Appointments 5
B. Hours of Work 5
1. Work Week 5
2. Work Shift 5
3. Work Schedule 5
C. Responsibilities of City Manager 5
D. Administration of Compensation Plan 5
1. Entrance Salary Rates 5
a. In General 5
b. Temporary Appointees 6
c. Department Reads and Other Rey Personnel 6
2. Advancement Within Salary Range 6
a. Probationary and Regular.Appointees 6
b, Department Heads and Other Key Personnel' 6
3. _Compensation on Demotion 6
a. Involuntary Demotion 7
b. Voluntary Demotion 7
.4. Probation Period 7
a. Compensation on Failure to Complete Probation Period 7
b. Extension of Probation Period 7
(1) Leave of Absence 7
(2) Additional Period for Performance Evaluation 7
SECTION V. SPECIAL CREENSATION PROVISIONS PAGE 8 NO.
A.
Reinstatement
8
1. Limitations
8
2. Compensation
8
B.
Compensation on Position Reclassification
8
1. Class with Same Salary Range
8
2. Class with Higher Salary Range
8
3. Class with Lower Salary Range
8
C.
Compensation on Transfer
8
D.
Compensation for Portion of Pay Period
8
E.
Changes in Class Salary Range
9
F.
Compensation for Acting Appointments
9
G.
Changes in Salary Anniversary Date
9
H.
Compensation for Overtime
9
1. Full -time Probationary and Regular Appointees
9
a. Standby Duty
9
b. Call -back Duty
10
c. Incidental Overtime
10
2. Fire Department Personnel on 12 -hour Shifts
10
a. Shift Hold -over
10
b. Standby Duty
10
c. Fire or Similar Emergency
10
3. Police Department Personnel in Detective Bureau
10
4. Department Heads and Other Key Personnel
10
5. Other Employees
10
6. Court Time
10
7. Accumulation of Compensatory Time Off
10
S. Special Overtime
11
9. Jury Duty
11
SECTION
VI. LEAVES OF ABSENCE
11
A. Vacation Leave 11
1. Basis for Accrual 11
a. Full -time Probationary, Regular, and Acting Appoint-
ments 11
b. Fire Department Personnel on 12 -hour Shifts 11
c. Part-time Probationary, Regular, and Acting Appoint-
ments 11
d. Other Appointments 11
e. Longevity Vacations 11
(1) Full-time Probationary, Regular, and Acting
Appointments 11
(2) Fire Department Personnel on 12 -hour Shifts 11
(3) Other Appointments 12
f. Accumulation of Vacation Leave 12
PAGE N0.
2. Method of use 12
3. Other Provisions 12
a. Terminal Vacation Pay 12
b. Vacation Schedules 12
c. Vacation Anniversary Date Changes 12
B. Sick Leave 12
1. Basis for Accrual 12
a. Full -time Probationary and Regular Appointees 12
b. Fire Department Personnel on 12 -hour Shifts 12
c. Part-time Probationary and Regular Appointees 13
d. Other Appointees 13
e. Accumulation of Sick Leave 13
2. Limitations on Use 13
a. Completion of Probation Period Required 13
b. Department Read's Approval Necessary 13
c. For Sickness Only 13
d. Sick Leave During Vacation 13
e. Other Limitations 13
3. Penalty for Sick Leave Abuse 14
4. Other Provisions 14
a. No Terminal Sick Leave Pay 14
b. Sick Leave Anniversary Date Changes 14
c. Extended Sick Leave 14
C. Holiday Leave 15
D. Industrial Accident Leave 15
1. Compensation 15
2. Accumulation of Leave Benefits 15
E. Bereavement Leave 16
F. Special Leave 16
1. 180 Calendar Days or Less 16
2. In Excess of 180 Calendar Days 16
G. Military Leave 16
H. Absence Without Leave 16
I. Compulsory Leaves of Absence or Termination 16
SECTION VII. DISCIPLINARY ACTIONS 16
A. Disciplinary Procedure 16
1. Reprimand 17
2. Suspension 17
a. Five Working Days or Less 17
b. In Excdss of Five Working Days 17
3.
B. APP
1.
2.
3.
Demotion or Dismissal 17
eal Procedure 17
Request for Reasons 17
Employee's Answer 17
Civil Service Board Review 17
w
PAGE NO.
SECTION V III. PROBATIONARY APPOINTKENT FOLWWING T ORARY APPOINT[lENT 17
SECTION I%. TRA1Vog
18
A. Required Training
18
B. Desirable Training
18
SECTION X. MISCELLANEOUS PROVISIONS
18
A. Consideration of Employee Requests
18
S. Continuity of Service Requirements
18
C. Avoidance of Inequities
19
D. Administrative Regulations
19
SECTION %I. REPEAL
19
SECTION' %II. EFFECTIVE DATE
19
DRAFT
7/15/60 RESOLOTION No. 5a 8
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BRACH
ESTABLISHING PERSONNEL POLICIES FOR ALL EMPLOYEES OF THE CITY
WHEREAS, Section 2200 of the Municipal Code provides that the City Council
by resolution shall establish personnel policies for all City employees upon recommenda-
tion of the City Manager, and;
WHEREAS, the City Manager has recommended that the following personnel policies
be adopted by the City Council;
NOW, TESRBPORE, BE IT ABSOLVED that the City Council of the City of Newport
Beach does hereby adopt the followinss
SECTION I. ,DEFINITIONS. The following terms, whenever used in this resolution, shall
be construed•as follows:
Acting appointments. The appointment for a limited period of a person who is
already a probationary or regular employee to a position in a higher class for
which there is no employment list; to a position in a higher class occupied by
a regular appointee can suspension; or to a position in a higher class occupied
by a probationary or regular appointee who is on an authorized leave of absence.
Allocation. The allocation of a single position to the proper class in accordance
with the specifications for that class. Or, the assignment of a class to a salary
range or salary rate.
Appointment. The employment of a person in a position.
Class. A group of positions sufficiently similar in duties, responsibilities,
authority, and minimum qualifications for employment to permit combining them
under a single title and the equitable application of common standards of selection
and compensation.
Glassification Plan. The designation by City Council resolution of a title for
each class, together with the specifications for each class as prepared and main-
tained by the City Manager.
Class specifications. A written description of a class, setting forth factors and
condition a' which are essential characteristics of positions in the class.
Continuous service. The employment without break or interruption of an employee
having a probationary or regular appointment.
C3221neation Plan. The assignment by City Council resolution of salary ranges
and /or salary rates to each class.
Demotion. The voluntary or.involuatary reduction of a regular employee from a
position in one class to a position in another class having a lower maximum salary
rate.
40
The involuntary separation of an employee from the City service,
A person legally occupying a position.
Original appointment. A person's first appointment as a City employee.
Overtime, The working by a probationary or regular employee in a full4time position
of more hours thaij are required for a full work shift for the position.
Part -time position. A position having a work week of fewer hours than the work week
established for full -time positions in the class. A part -time position may be either
temporary or permanent.
Permanent position. A full -time or part -time position that is individually authorized
in the budget and which is expected to exist indefinitely.
Personnel Action Forma The multi - purpose form used for processing changes in an em-
ployee s salary rate, The
status,;or other matters contemplated in this resolution.
Position. A combination of qurrent duties and responsibilities assigned to a single
employee and performed on either a full -time or part -time basis.
Probationary appointment. The probationary employment of a person in a permanent
position. A probationary appointment is for a specified period, during which job
performance is evaluated as the basis for a subsequent regular appointment.
Probationary employee. An employee who has a probationary appointment to a permanent
Position.
Probation period. A working test period that is part of the selection process and
during which an employee is required to demonstrate his fitness for the duties of the
position to which he has been assigned by actual performance of such duties.As used in
this rasm'lution, the term 'initial probation period" shall mean an employee's first
probation period during his continuous City employment.
Probationary status. The status of a person who has a probationary appointment.
Promotion. The advancement of an employee from a position in one class to a position
in'another class having a higher maximum salary rate.
Reclassification. The reassignment of a position from one class to a different class
in accordance with a re- evaluation of the minimum qualifications, duties, and re-
sponsibilities of the position.
Regular appointment. The regular employment of a person in a permanent position. A
regular appointment follows successful completion of a probation period, when applic-
able, and signifies satisfactory performance of duties and responsibilities in the
permanent.position to which the employee is assigned.
Regular employee. An employee who has successfully completed his probation period in
a permanent position.
The status of an employee who has acquired a regular appointment.
Reinstatement. Theire- employment of a former employee.
Relec,tion. The involuntary separation from the City service of an employee who does
not successfully complete his probation period in a position and who does not have
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regular status in another position in a different classg or, the reduction of an employee
did not successfully complete his probation period in a position to another position
rn�
a different class in which he had previously acquired regular status.
Revrimand., An oral or written reprimand made as a disciplinary action.
Resignation. The voluntary separation of an employee from the City service.
Salary anniversary date. The future date on which a probationary or regular employee
is eligible!, on the basis of satisfactory job performance for a prescribed period, for
a merit salary advance within the salary range established for the class of position he
occupies.
Salary.range. The range of salary rates for a class.
Salary rate. The dollar amount of each step in a salary ranged or, the flat dollar
amount of salary for a class not having a salary range.
Salary step. The minimum through maximum salary increments of a 5 -step salary range
as designated by the letters As B, C, D. and B.
Suspension. As a disciplinary action, the temporary separation without pay of an em-
ployee from the City service.
Temporary appointment. An appointment to a temporary or permanent position for which
there is no employment list, for a limited period, of a person who is not already a
City employee. Unless approved by the City Manager, no person may be employed for
more than 120 calendar days in a calendar year under one or more temporary appointments.
Temporary position. A full -time or part -time position of limited duration.
Termination. The separation of an employee from the City service because of retirement,
resignation, death, or dismissal.
.Transfer. A change of an employee from one position to another position in the same
class or in .another class having the same maximum salary sate, involving the perform-
ance of basically similar duties, and requiring substantially the same minimum quali-
fications.
Vacancy. A position that is not occupied by an employee having either a probationary
or regular appointment to the position.
.Work schedule. The assignment of a position to a work ,shift or series of work shifts
in a 7- calendar day period.
Work shift. The number of working hours per day required of an employee occuping a
particular position.
Work week.. The number of working hours in a 7- calendar day period as established
for a particular position or class.
Merit salary advancement. The increase of an employee's salary within the salary
�ange established for the class of position he occupies as a result of satisfactory
ob performance in such position.
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SECTION II. INTENT. It is the intent of this resolution to recognize the following
�principles:
A. Employment Standards. The City Council and all the citizens of Newport Beach
have the right to expect that the City will employ the best qualified persons
available, with preference to the citizens of Newport Beach, qualifications being
otherwise equal; that the tenure of every City employee will be based on a demonstra-
ted need for the work performed, availability of funds, faithful and effective per-
formance, proper personal conduct, and continuing fitness for his position; and that
each employee will be encouraged, trained, and developed to assure optimum performance.
B. City's Responsibility to Employee. Each employee of the City of Newport Beach
has the right'to expect that he will be fully informed of his duties and responsi-
bilities; that he will be provided with adequate administrative and supervisory
direction; that he will be informed of how well he is performing his duties and his
level of performance; that promotions will be made on the basis of merit and ability;
that progressively improved work performance over an extehded period will be recog-
nized and rewarded and that incompetence will not be tolerated; and that he will not
be subject to suspension, demotion, or dismissal without justification.
SECTION III. Q ASSIPICATION PiAN.
A. Preparation of Classification Plan.
1. Classification of Positions. All positions in the City service shall be
grouped into classes. Each class shall include those positions sufficiently
similar in duties and responsibilities to require similar standards of educa-
tion, experience, abilities, and personal traits.
2. Preparation and Content of Class Specifications. The City Manager shall
be responsible for preparing and maintaining class specifications for all
positions. When the positions in any class are under Civil Service, the
specifications shall be subject to approval by the Civil Service Board. The
specifications shall include, but not be limited to, a list of typical duties
and a statement of the minimum qualifications required for appointment. It
shall be understood that all positions require the ability to read, write,
and speak the English language; to follow written and oral instructions; to
maintain satisfactory relations with co=workers and the public; and reliability,
sobriety, integrity, loyalty, and a record of orderly, law -abiding citizenship.
3. Interpretation of Class Specifications. All class specifications shall
describe typical duties which employees occupying positions in the class may
properly be required to perform. Class specifications are explanatory, but
not restrictive. The listing of particular tasks shall not preclude the
assignment of others of related kind or character or requiring lesser skills.
B. Adoption of Classification Plan. Classes of positions in the Classifications
plan shall be 'established and listed by resolution of the City Council.
C. Administration and Maintenance of Classification Plan. The City Manager shall
be responsible for, but may delegate, the administration and maintenance of the
Classification Plan. At least annually, the City Manager shall direct a review
of the existing Classification Plan to insure that it is effectively maintained
doand that it reflects any significant changes in duties and responsibilities of
positions.
-4m
The classification and reclassification of positions shall be the responsibility
of the City Manager, subject to budgetary authorisation and to Civil Service Board
approval when civil service positions are involved. No reclassification of a position
shall be made without the prior knowledge of the employee in the position.
SECTION IW. COMPBMSATM PLAN.
A. Salary Ranges and Salary Rates. The establishment of salary ranges and salary
rates and the allocation of classes thereto shall be by resolution of the City
Council.
The type of his appointment shall determine whether an employee's salary rate
shall be on a biweekly or hourly basis.
1.__ Fmll -time Reanlsr.Probationarv. and Acting Anuointmenta. An employee
having a regular, probationary, or acting appointment that is on a full -time
basis shall be compensated at a biweekly rate.
2. Other A000intments. An employee having any other type of appointment
shall be compensated at an hourly rate.
B. Hours of Work. finless otherwise prescribed in writing by the City Manager,
the work week, work shift, and work schedule for each position shall be as follows-.
1. Work Weak. The work week for all full -time positions, except those in the
Fire Department having 12 -hour work shifts, shall be 40 hours. The work week
for Fire Department positions having 12 -hour work shifts shall be 72 hours.
2. Work Shift. For all full -time positions except those in the Fire Depart-
ment the work shift shall be 8 hours. For all such Fire Department positions,
except those designated by the Fire Chief and approved by the City Manager,
the work shift shall be 12 hours; for the excepted positions the work.shift
shall be 8 hour.
3. Work Schedule. The work schedule for each position shall be as established
by the department head.
C. Responsibilities of City Manager. Employees shall be paid at biweekly or
hourly rates es determined by the City Manager, subject to the provisions of this
section.
At least annually the City Manager shall review the existing Compensation Plan
and recommend to the City Council a salary range and salary rates for each class
for which he is the appointing authority. In determining salary ranges and salary
rates, consideration shall be given to both basic pay and working conditions in
comparable public and private employment in the recruitment area.
D. Adanisttation of Compensation Plan.
1. Entrance Salary Rates.
AA ' be a In Oeaeral. Except as otherwise provided herein, all new employees
shall be at the first step of the salary range in effect for
the class in which the appointment is made. The City Manager may, how-
ever, authorize initial City employment at a salary rate up to and includ-
ing the third step of the salary range.
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b'. Temporary Appointees. Persons employed or re-employed for temporary
or seasonal service may, upon written recommendation by the department -
head and approval by the City Manager, be compensated at any rate estab-
lished for the class.
c. Department Heads and Other Key Personnel. The provisions of the com-
pensation Plan with respect to entrance salary rates shall not apply to
department heads and other key personnel positions to which any appointments
are made by the City Manager. Such positions shall be listed from time to
time by resolution of the City Council on recommendation of the City Manager,
2. Advancement Within Salary Range. Except as herein provided, the advance-
ment of an employee's salary within the salary range for his class shall be
based on the type of his appointment.
a. Probationary and Regular Appointees.
(1) Probationary appointees in positions to which they have been
originally or promotionally appointed shall, upon such appointment,
receive a new salary anniversary date, begin serving a probation
period, and, if promotionally appointed, advance to the first step
in the salary range of the higher position that constitutes a salary
Increase.
(2) Upon satisfactory completion of their probation periods, as
evidenced in writing by the department head and approved by the
City !tanager, they shall advance to the next higher step in the
salary range and become regular appointees. They shall receive
a new salary anniversary date upon such advance.
(3) Regular appointees who demonstrate continued satisfactory per-
formance shall earn eligibility for subsequent annual merit salary
advancements within the salary range upon written recommendation by
the department head and approval by the City Manager.
(4) If the department head declines to recommend an annual merit
salary advancement such advancement shall be withheld and the depart -
ffient head shall state his reasons in a wrieten evaluation of the
employee °s job performance for the period in which such performance
is being evaluated; such evaluation shall be reviewed by the depart-
ment head with the employee and a copy of the evaluation forwarded
to the City Manager. When, in the judgment of the department head,
the employee has at any time thereafter earned a merit increase, he
shall so ree�mmend in writing to the City Manager. Upon written
approval by the City Manager, the employee shall advance to the next
higher step in the salary range and receive a new salary anniversary
date.. Subsequent annual merit salary advancements shall be granted
in accordance with.Section IV, D, 2, a, (3) herein.
b. .Department Heads and Other Key Personnel. The provisions of the
Compensation Plan with respect to 'advancements within salary ranges
shall not apply to department heads and other key personnel. Such
employees may be advanced within salary ranges at the discretion of the
City Manager.
3. Compensation on Demotion.
ohm
0
40
a. Involuntary Demotion. An employee who is involuntarily demoted shall
have his salary rate reduced to the nearest lower salary rate of the class
of position to which he is demoted. He shall not be required to serve a
probation period in the lower position. The effective date of his demotion
shall become his new salary anniversary date and he shall subsequently earn
eligibility for annual merit salary advances in accordance with Section IV,
D, 28 a, (3) herein.
b. Voluntary Demotion. An employee who is demoted at his own request shall
have his salary reduced to the same salary rate in the lower salary range
that he was receiving prior to the demotion; if his salary rate prior to
the demotion was higher than the maximum salary rate of the lower position
he shall receive the latter. The employee shall not be required to serve
a probation period in the lower position, and he shall retain the salary
anniversary date he had in the higher position.
4. Probation Period. Except as otherwise provided herein, a 6-mouths proba-
tion period shall apply to all appointments except temporary appointments,
acting appointments, and appointments to positions designated by resolution of
the City Council as department head or key personnel positions.
a. Compensation on Failure to Complete Probation Period. The compensa-
tion of an employee who is rejected during his probation period in a class
of position and who is assigned to a class of position having a lower
salary range shall be as follows:
If the employee had previously completed a probation period in the
lower position he shall not be required to serve another one; his last
salary rate and salary anniversary date in the lower position shall be
his new salary rate and salary anniversary date upon reassignment to that
position; and he shall earn eligibility to receive subsequent annual merit
salary advancements in accordance with Section IV, D, 2, a, (3) herein.
If the employee bad not previously completed a probation period in
the lower position the effective date of his reassignment to that position
shall be his new salary anniversary date; he shall be required to 'serve a
probation period; and he shall earn eligibility to receive subsequent merit
salary advancements in accordance with Section N, D, 2, a herein.
b. Extension of Probation Period.
(1) leave of Absence. Temporary military leave or any leave of ab-
sence without pay exceeding 15 calendar days shall cause the employee's
probation period to be extended by the number of calendar days of
such leave that are in excess of 15 calendar days.
(2) Additional Period for Performance Evaluation. On written recom-
mendation by the department head and written approval by the City
Manager, an employee's probation period may be extended for a maximum
of 6 months beyond the normal 6 months period. The purpose of such
extension shall be to allow the department head additional time to
evaluate the employee's job performance.
After the first six months of the probation period have elapsed,
the employee shall be advised in writing whether he has successfully
completed his probation period. If not, and if an extension of his
probation period has been approved, he shall be advised in writing
of his status when such extension expires.
m7.
On the expiration of such extension, the provisions of Section
Iva D, 2. a, (2) of this resolution shall apply.
A. Reinstatement.
1. Limitations. On recommendation by the department head and approval by the
City Manager, a former employee may be reinstated to the class of position he
occupied at the time of his termination, irrespective of the exis.tance of an
open or promotional employment list for the class, subject to the following
conditions:
a. There must be a vacant position in the class and no re-employment lists
for such class.
b. He had completed at least one year of continuous service in the class
immediately prior to his termination.
c. He terminated his City employment under favorable circumstances.
d. The reinstatement must occur within one year after his termination.
e.. He may be required to serve a probation period.
f. He may be required to take a medical examination at his expense and as
prescribed by the City Manager.
2. Compensation. The compensation of a former City employee who is reinstated
in the class of position he occupied at termination shall be as determined by
the City Manager.
B. Compensation on Position Reclassification. The salary of an employee in a
position that is reclassified shall be determined as follows:
1. Class with Same Salary Range. If the position is reclassified to a class
with the same salary range as the previous.class, and if the encumbent is
appointed to the reclassified position, the salary rate and the salary anniver-
sary date of the employee shall not change. This provision shall also apply to
a change of class title, provided there is no change in the basic duties of the
position.
2. -Class with Higher Salary Range. I£ the position is reclassified to a class
wiSh`a higher salary range than the previous class, and if the encumbent is
appointed to the reclassified position, the change in his salary shall be governed
by'Section IV, D, 2, a, (1) herein.
3. Class with Lower Salary Range. If tha position is reclassified to a class
with a lower salary range than the previous class, and if the encumbent is
appointed to the reclassified position, his salary shall not change unless it
is greater than the maximum step of the lower salary range, in which case it
shall be reduced to the maximum step of the new range. The employee's salary
anniversary date shall not change and he shall not be required to serve a new
probation period.
C. Compensation on Transfer. The salary rate and salary anniversary date of an
employee who is transferred shall not change.
D. Compensation for Portion of Pay Period. A regular or probationary appointee
serving on a full -time basis who works less than a full biweekly pay period, except
ag..
when on authorized leave of absence with pay, shall receive as compensation for such
period an amount equal to the number of hours worked times the employee's hourly rate.
The number of hours worked in such biweekly,pay period shall include paid holidays.
_. .Changes in Class Salary Range. If a class is allocated to a different salary
range an employee in a position in that class shall be compensated at the same step
in the new range as he was receiving in the previous range, and his salary anniver-
sary date shall not change.
X. Compensation for Acting Appointments. Subject to the following limitations, an
employee who is required on the basis of an acting appointment to serve in a class
with a higher salary range than that of the class in which he is normally assigned
shall receive the entrance salary rate of the higher salary range or one rate higher
than the rate he normally receives, whichever is greater.
1. The written approval of the City Manager shall be required.
2. The employee shall perform all the duties and assume all the responsibilities
of the higher class.
3. Only after the employee has served the following number of hours in the
higher class may he be compensated at a higher rate. Such hours may be
accumulated during one or more acting appointments, provided they are
for at least one work week:
_stab ,,shed work week for class
40
72
$ours to _be worked before
additional compensation
may be granted
120
216'
After the employee has worked the required hours in the higher class, he
shall receive additional compensation for subsequent acting appointments in
that class, provided that any such subsequent acting appointment of less than
a normal work week(i.e., 5 consecutive 8mhour shifts or 6 consecutive 12 =hour
shifts)shall not be compensable at a higher rate.
G. Changes in Salary Anniversary Date. The granting of any leave of absence with-
out pay exceeding 30 calendar days shall result in a new salary anniversary date for
the employee. Such date shall be based on his original salary anniversary date plus
the number of calendar days o£ his leave in excess of 30 calendar days.
R. Compensation for Overtime. Subject to approval by the City Manager and to the
following provisions, a' department head may prescribe reasonable periods of overtime
work to meet operational needs of his department.
Except as otherwise provided herein, overtime shall either be paid'at the hourly
equivalent of the employee's biweekly salary rate or granted as equivalent compensa-
tory time off. The method of compensation shall be at the discretion of the depart®
ment head.
1. ,Full-time Probationary and Regular Appointees. The following provisions
shall apply to all ;full-time regular and' probationary appointees, except Fire
Department personnel'on 12mhour shifts and Police Department personnel assigned
to the Detective Bureaus
a. Standby Duty. Standby duty in classes designated..by the City Manager
shall be compensated at the rate of 1 hour of overtime compensation for
each 8 hours of such duty. Such compensation on holidays shall be at the
rate of 2 hours of overtime compensation for each 8 hours of standby duty.
-9.
b. Call-back Duty. In addition to standby compensation, if any, employees
in classes designated by the City Manager shall receive a minimum of 2 hours
overtime compensation for any call which requires them to return to duty.
c. Incidental Overtime. Incidental overtime is not compensable. It is
defined as overtime of less than k hour that is non - recurrent and which is
not standby duty, call-back duty, or court time.
2. Fire Department Personnel on 12-hour Shifts. Fire Department personnel on
12-hour shifts shall receive overtime compensation as follows:
a. Shift Hold -over. If an employee is required to work an extra 12-hour
'shift, or 1 or more hours thereof, because of the absence of another
employee assigned to that shift, such overtime shall be compensatle at the
hourly equivalent of his biweekly salary based on a 72 -hour week or by
equivalent compensatory time off.
b. Standby Duty. An employee who is required to return to work during
his off -duty hours for standby duty, as distinguished from actual fire-
fighting or similar emergency, shall be compensated at the same rate as
employees on shift hold -over.
c. Fire or Similar Emergency. If an employee who is not on standby or
shift hold -over duty is required to return to work or to continue on duty
during his off -duty hours for actual fire - fighting or similar emergency
designated by the department head, he shall receive a minimum of 3 hours
overtime compensation for the first hour and 1 hour overtime compensation
for each hour thereafter. Such overtime compensation shall be at the
hourly equivalent of his biweekly salary based on a 72-hour work week or
equivalent compensatory time off.
3. Police Department Personnel in Detective Bureau. Police Department personnel
assigned by the Police Chief to the Detective Bureau, except the clerical staff,
shall not be eligible to receive paid overtime compensation for service in the
Detective Bureau unless approved by the City Manager; subject to the discretion
of the Police Chief and to paragraph 7 of this subsection, however, they may
take compensatory time off for unusual amounts of overtime worked.
A flat rate for each pay period to cover all miscellaneous expenses incurred
in the performance of their duties and normal overtime worked shall be specified
by the City Council and added to their salaries.
4. Department Heads and Other &ey Personnel, Department heads and other key
personnel shall not be eligible for paid overtime. Compensatory time off for
work beyond the normal work week may be granted at the discretion of the City
Manager.
5. Other Employees. Other employees, except Paid Call Firemen, shall be paid
at the hourly rate established for their class based on the number of hours
actually worked.
6. Court Time. Employees who are required to appear in court during their off -
duty hours in connection with City business shall receive overtime compensation
for the number of hours they spend in court, with a minimum of 2 hours of such
compensation.
7. Accumulation of Compensatory Time Off. Accumulated overtime most be taken
off or paid for no later than the end of the month following the month in which
it was worked; provided, however, that such accumulated overtime may be taken
off or paid for at a later date if the City Manager in writing authorizes such
procedure prior to the time such overtime is worked.
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8. Special Overtime. Police and Fire personnel assigned by the department
head to work as policemen or firemen during their off -duty hours for private
employers shall receive paid overtime compensation at an hourly rate specified
in the Compensation Plan.
1 dury Duty. No deduction shall be made in the salary of an employee who
serves on a jury if he has waived or remitted to the City his fee for such jury
duty. If he has not so waived or remitted the jury fee, he shall be paid only
for the time he actually works in his City position. An employee accepted for
jury duty shall immediately notify his department head in writing whether or
not he waives or remits his jury fee to the City.
SECTION VI. LEAVES OF ABSENCE. For the purpose of computing his entitlement to leaves
of absence, an employee s continuous service shall be based on the effective date on which
he received his initial probationary appointment in the City service. Such date shall be
the employee's anniversary date for vacation and sick leave purposes, subject to the pro-
visions contained herein.
A. Vacation Leave.
1. Basislfor Accrual.
a. Full -time Probationary. Regular, and Acting Appointments. An employee
having a full -time probationary, regular, or acting appointment, except
Fire Department personnel on 12 -hour shifts, shall accrue vacation leave
with pay at the rate of one working day for each full month of continuous
service in which the employee has worked or has been on authorized leave
of absence with pay.
b. Fire Department Personnel on 12 -hour Shifts. Fire Department personnel
on 12 -hour shifts shall accrue vacation leave with pay at the rate of one
and one half calendar days for each full month of continuous service in
which the employee has worked or has been on authorized leave of absence
with pay.
c. Part -time Probationary. Regplar, and Acting Appointments, An employee
having a probationary, regular, or,acting appointment that is less then
full -time but is half -time or more shall receive vacation leave with pay
at the rate of one half working day for each full month of continuous
service in which the employee has worked or has been on authorized leave
of absence with pay.
d. Other Appointments. Employees having temporary or less than half-
time appointments shall not be entitled to receive vacation leave with
pay-
e: Longevity Vacations. Employees who have completed fifteen or more
years of continuous service shall thereafter accrue longevity vacations
as follows:
(1) Full -time Probationary, , and Acting Appointments. An
employee having a probationary, regales, or acting appointment that
is on a full -time basis, except Fire Department personnel on 12 -hour
shifts, shall accrue one and one fourth working days vacation for
each full month of continuous service in which the employee has
worked or has been on authorized leave of absence with pay.
(2) Fire Department Personnel on 12 -hour Shifts. Fire Department
personnel on 12 -hour shifts shall accrue two calendar days vacation
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leave for each full month of continuous service in which the employee
has worked or has been on authorized leave of absence with pay.
(3) Other Appointments. Employees having temporary or less than
full -time appointments shall not be entitled to receive longevity
vacations.
f. Accumulation of Vacation Leave. Accumulation of vacation leave in
excess of that earned for one year of service is prohibited, unless approved
by the department head. In no case shall any accumulation of vacation
leave exceed that earned for two years of service.
Vacation leave accumulated in excess of that normally earned for two
years of service shall be forfeited.
2. Method of Use. Vacation leave taken shall not be in excess of that actually
earned at the time it is taken, and in no case may it be taken prior to the
completion of the employee's probation period.
3. Other Provisions.
a. Terminal Vacation Pay. Any employee who has accrued vacation leave,
who has completed his probation period, and whose employment terminates
shall receive terminal vacation pay for such accrued vacation based an
the hourly equivalent of the salary he received at the time of his
termination.
An employee who terminates while serving a probation period in a
position to which he has been promoted shall receive terminal vacation pay
based on the hourly equivalent of the salary he received immediately prior
to his promotion, provided he has successfully completed his probation
period in the position from which he was promoted. An employee who has not
completed a probation period in at least one position shall not receive
terminal.vacation pay.
b. Vacation Schedules. Vacations shall be scheduled as determined by the
department head, taking into consideration whenever possible the seniority
and wishes of the employee.
c. Vacation Anniversary Date Changes. Any leave of absence without pay
exceeding fifteen consecutive days shall result in a new vacation anniver-
sary date. Such date shall be based on the employee's original vacation
anniversary date plus the number of consecutive days of his leave of
absence without pay that is in excess of fifteen consecutive days.
8. Sick Leave.
1. Basis for Accrual.
a. Full -time Probational and Regular Appointees. An employee having a
full -time probationary or regular appointment, except Fire Department
personnel on 12 -hour shifts, shall accrue sick leave with pay at the rate
of one working day for each full month of continuous service in which the
employee has worked or has been on authorized leave of absence with pay.
lIb. Fire Department Personnel on 12 -hoar Shifts. Fire Department person-
nel on 12 -hour shifts shall accrue sick leave with pay at the rate of lke
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Il12 -hour shifts for each full month of continuous service in which the
employee has worked or has been on authorized leave of absence with pay.
'49 c. Part -time Probationary and Regular Appointees. An employee having
a probationary or regular appointment that is less than full -timed but is
half -time or more, shall accrue sick leave with pay at the rate of I work-
ing day for each full month of continuous service in which the employee
has worked or has been on authorized leave of absence with pay.
d. Other Appointees. Employees having temporary or less than half-time
appointments shall not be entitled to receive sick leave with pay.
IOa. Accumulation of Sick Leave. Sick leave may be accumulated without
limit.
2. Limitations an Use.
a. Completion of Probation Period Re uq iced. Sick leave taken shall not
be in excess of that actually earned at the time it is taken, and in no
case may it be taken prior to the completion of the employee's initial
probation period.
b. Department Head's Approval Necessary. Sick leave may be granted only
with the approval of the department head and only in case of a bona fide
illness of the employee. The department head may require a physician's
certificate or other evidence of the adequacy of the reason for the
employee's absence during the period for which sick leave was requested.
c. For Sickness Only. Sick leave shall be used for sickness of the
employee and shall not be used in lieu of or added to vacation. At the
option of the employee, however, accrued vacation leave and /or compensa-
tory time off may be used for sickness when all his sick leave has been
taken.
An employee who continues to be disabled or ill after he has taken
the maximum industrial accident leave provided in Section vI, D herein
may use a proportionate amount of his accumulated sick leave to supple-
ment temporary disability indemnity so that he will receive the equiva-
lent of his full salary.
d. Sick Leave During vacation. An employee who becomes ill while on
vacation may have such ,period of illness charged to his accumulated sick
leave instead of to vacation provided:
(1) Immediately upon return to duty the employee submits to his
department head a written request for sick leave and a written
statement signed by his physician describing_ the nature and
dates of the illness.
(2)e The department.head recommends and the City Manager approves
/' the granting of such sick leave.
a. Other Limit: ions. No employee shall be entitled to accrue or to
take sick leave with pay while absent from duty for any of the following
reasons:
(1) Disability or illness arising from compensated employment other
than with the City of Newport Beach.
(2) Leave of absence without pay.
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�(3) Absence because of intoxication or for the purpose of recovering
from intoxication,
3. Penalty Eor Sick Leave Abuse. When in the judgment of the department head,
the employee a reason for being absent because of alleged sickness is inadequate,
he shall indicate on the payroll form that the absence was absence without leave;
the department head shall also submit.a Personnel Action Form indicating a sus-
pension for each day or portion of a day of such absence. As a minimum disci-
plinary action, 2 days of accumulated sick leave shall be deducted from the
employee's sick leave accumulation for each day or portion of a day of such sus-
pension.
4. Other Provisions.
a. No Terminal Sick Leave Pay. No payment shall be granted to an employee
for accrued sick leave at the time of his termination. Termination of an
employee's continuous service, except by reason of lay-off for lack of work
or funds, shall abrogate all sick leave accrued at the time of such termi-
nation, regardless of whether the employee subsequently re- enters the City
service.
b. _Sick Leave Anniversary Date C nee. The provisions of this resolution
applicable to vacation anniversary date changes arising from-the granting
of a leave of absence without pay in excess of 30 calendar days or any
suspension shall also apply to sick leave anniversary dates.
c. M tended Sick Leave. On written request of the employee and recommen-
dation by the department head, the City Manager may authorize in writing
a leave of absence without pay for the purpose of recovering from an ill-
ness, provided:
(1) The employee has used all his accumulated sick leave and vacation.
(2) The employee has been continuously employed in the City service
for at least 1 year.
(3) The employee presents to his department head for referral to and
consideration by the City Manager a written explanation of the
employee's illness and an estimate of the time needed for re-
covery signed by the employee's physician.
(4) Prior to resuming his duties the employee may be required to take
a medical examination at his expense and as prescribed by the
City Manager. The employment record and the results of such
examination shall be considered by the City Manager in determi-
ning the employee's fitness to return to work..
(5) The maximum period of such leave shall be 3 calendar months.
If the employee desires an extension he shall follow, prior to
the termination of the initial leave, the procedure described
in subparagraph (3), above.
There may be only 1 such extension and it may be only for
3 calendar months, unless in the judgment of the City Manager a
further extension would be justified in terms of the employee's
training and experience, the specialized duties of his position,
and the length of time the City can reasonably afford to fill
the position on a temporary basis or not have the duties per-
formed.
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C. Holiday Leave. The following days, and such other days or portions of days as
may be designated by motion of the City Council, shall be observed as paid holidays
by all employees in permanent positions except Police and Fire personnel on 12 -hour
shifts. For each designated holiday such Police and Fire personnel shall receive
an extra day of vacation or equivalent pay, whichever in the judgment of the depart -
ment head best serves the interests of the department.
January 1 (New Year's Day)
February.12 (Lincoln's Birthday)
February 22 (Washington's Birthday)
May 30 (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
October 12 (Columbus Day)
November 11 (Veterans' Day)
Fourth Thursday in November(Thanksgiving
Day)
December 25 (Christmas)
State -wide election days
When a holiday occurs on Sunday, the following Monday will be observed instead.
D. Industrial Accident Leave.
1. Compensation. An employee who is absent from duty because of an on- the -job
injury sustained during his City employment shall, during such absence, receive
that portion of his normal salary which, when added to compensation payments
made to him under the provisions of the California Workman's Compensation Law,
equals his normal salary, provided: he receives compensation payments under the
provisions of such Law; the City's payment of the portion of his normal salary
shall be limited to the maximum periods designated in the following schedules
Schedule A— In General. The following schedule shall be applicable to
all 'full -time probationary and regular employees except police and fire
personnel covered by the provisions of Section 4850 of the California
Labor Codes
Amount of employee's Maximum industrial
Continuous Gity service accident leave
At least 1 day and less
than 6 months
At least 6 months and
less than 5 years
5 years and over
20 working days
6 months
1 year
Schedule B -- Police and F$re Personnel. Police and fire personnel, as
described in Schedule A, immediately above, shall receive such industrial
accident leave compensation as is provided in Section 4850 of the California
Labor Code.
Schedule C -- Temporary and Less than half -time Personnel. The maximum
amount of industrial accident leave for all such personnel shall be 20
working days.
2. Accumulation of Leave Benefits. Any employee, except those having temporary
or less than half -time appointments., shall continue to accrue vacation, holidays
sick leave and to earn eligibility for consideration for merit salary increases
during an absence resulting from an on- the -job injury, provided he receives
compensation payments under the provisions of the California Workman's Compensa-
tion Law.
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E. Bereavemeat Leave. Whenever an employee who is eligible to receive sick leave
is compelled to be absent from duty by reason of the death or critical illness where
death appears imminent of father, mother, brother, sister, wife, husband, or child,
such employee shall, upon approval by his department head, be entitled to charge
such absence to his accumulated sick leave to a maximum of 5 working days in a
calendar year; such maximum for Fire Department personnel on 12 -hour shifts shall be
7'h shifts.'
F. Special Leave. The following provisions shall apply only to those employees
who are entitled to receive vacation leave with pay:
1. 180 Calendar Days or Less. Upon the written recommendation of the depart-
ment head, the City Manager may authorize special leaves of absence with or
without pay for a period or periods not to exceed 180 calendar days in a calen-
dar year for purposes deemed by the City Manager to be beneficial to the City.
2. In Bxcess of 180 Calendar Days. The City Council may, upon the recommenda-
tioa of the City `Manager, grant leaves of absence with or without pay in excess
of 180 calendar days for purposes deemed by the City Council to be beneficial
to the City.
6. Military Leave. An employee having a probationary or regular appointment shall
be entitled to such benefits as are provided in the California Military and Veterans
Code. An employee requesting such military leave shall present a copy of his mili-
tary orders to his departmant'head prior to the beginning of the leave.
H. Absence Without Leave. Any employee who is absent from duty shall report the
reason for such absence to his department head or immediate supervisor prior to the
date of expected absence whenever possible and in no case later than 2 hours after
the beginning of his normal work shift. Absences not reported in such manner may
be considered absence without leave. A deduction of pay shall be made for the dura-
tion of any absence without leave in accordance with Section V, D of this resolution.
I. Compulsory heaves of Absence or Termination. Termination or a compulsory
leave of absence without pay, whichever in the opinion of the department head best
serves the City's interests, shall be required of women employees who have completed
their sixth month of pregnancy. i
SBCTIOM VII. DISCIPIQM ACTIOMS. The tenure of every City employee shall be based on
reasonable standards of personal conduct and job performance. Failure to meet such
standards shall be grounds for appropriate disciplinary action, which shall be commensurate
with the seriousness of the offense and with due consideration to the employee's prior
performance record.
The provisions of this section shall constitute the City's disciplinary code. In the
event of a conflict between these provisions and civil service -law when an employee has
regular status 4n the Civil Service System, the civil service law shall prevail.
A. Disciplinary Procedure. The following procedure shall be followed when, is the
judgment of the department head, an employee has committed an act or omission that
Justifies the disciplinary action indicated. The grounds for such disciplinary
action shall be limited to incompetency, inefficiency, dishonesty, misconduct, in-
subordination, or failure to observe departmental or City rules and regulations.
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I., Reprimand. If the reprimand is in writing the employee shall receive A
copy thereof. The department head may forward a copy to the City Manager's
Office for retention in the employee's personal history file, and the employee
shall be notified of such action.
2. Suspemmsion, finless originally authorised or extended by written approval
by the a City Manager on written recommendation by the department head, the maxi-
mum period of suspension shall be 20 working days; such maximum period for Fire
Department personnel on 12-hour shifts shall be 24 shifts.
a. Five Working Days or Less. The department head shall transmit a Per-
sonnel Action Farm for the information of the City Manager, briefly describ-
ing the offense and the period of suspension. The department head shall
give a copy of such Form to the employee, when possible before the Form
is transmitted to the City Manager.
b: In Excess of Pike Workinst Dava. Prior to the effective date of the
suspension when possible, the department head shall submit a Personnel
Action Form for approval by the City Manager, briefly describing the
offense and the period of suspension. After such approval, a copy of
the Form shall be given to the employee.
3. Demotion or Dismissal. The department head shall submit for approval by
the City Manager a Personnel Action Form briefly describing the offense. Upon
such approval, the demotion or dismissal shall be effective and a copy of the
Personnel Action Form shall be given to the employee.
B. Appeal Procedure. The appeal procedure described herein shall not apply if the
employee is rejected, reprimanded, or suspended during his probation period in the
position he occupies at the time of such action. Such procedure also shall not be
applicable if the disciplinary action is taken in connection with the employee's
service an a temporary appointment or acting appointment basis.
This sub - section shall not apply to employees in the Civil Service System.
1. Request for Reasons. Within 5 calendar days after the effective date
of the disciplinary action, the employee may, in writing, request of the
department head a written statement of the reasons for the action.
Within 5 calendar days after such written request, the department head
shall forward the statement of reasons to the employee.
2. Employee's Answer. Within 10 calendar days after the employee has received
such statement of reasons, he shall be entitled to submit to the City Manager,
through his department head, a written answer to such statement and to request
the City Manager to consider the case. The City Manager shall then review the
matter with the employee and the department head and uphold, modify, or revoke
the action taken.
3. Civil Service Board Review. Except for reprimands, after the City Manager
has reviewed the case the employee may submit to the Civil Service Board a
written statement requesting the Board to review the matter. Pursuant to Section
711 of the City Charter, the Board shall then conduct an investigation, hold a
hearing, and submit its findings and recommendations to the City Manager. After
considering such findings and recommendations, the City Manager shall uphold,
modify, or revoke the action taken and his decision thereon shall be final.
IONARY APPOINTMENT FOLLOWING TEgPOBARY APPOINTMENT. Notwithstanding
of this resolution, a temporary appointee in a class who, without
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a break in service, receives a probationary appointment to a position in the same class
shall be eligible for consideration for a merit salary advance after 6 months of satis --
ctory service, including his temporary service, as evidenced in writing by the depart -
Wnt head and approved by the City Manager, and shall accrue leave benefits from the date
his temporary appointment. He shall acquire a salary anniversary date on such advance
and shall earn eligibility for subsequent annual salary advances in accordance with
.,Section IV, D, 2 herein.
The employee's probation period shall commence with the date of his probationary
appointment. Satisfactory completion of such probation period shall be on written recom-
mendation of the department head and approval by the City Manager.
The salary advance provision of this section shall not apply when a temporary
appointee in a class receives, without a break in his continuous City service, a proba-
tionary appointment to a position in a different class having a higher salary range.
The salary anniversary date of such appointee shall be the date of his probationary
appointment.
SECTION ffi, TRAINING.
A. Required Training. An employee who is required by his department head to attend
a specified, off -duty training course shall receive reimbursement for the following:
overtime compensation; transportation cost where appropriate; cost of books; regis-
tration, and related expenses necessary for completion of the course.
B. Desirable Training. Desirable training is defined as off -duty instruction that
will be mutually and immediately beneficial to the employee and the City. prior to
enrolling in the class, an employee desiring partial reimbursement for his expenses
shall acquire his department head's approval as to course content and its relation-
ship to his City employment. On satisfactory completion of the course, the employee
shall submit to his department head a copy of the official transcript and an itemi-
zaEion of his expenses. On approval by the City Manager, the employee shall then
be reimbursed for the cost of registration and required text books. A copy of the
official transcript shall be forwarded to the City Manager's Office for retention
in the employee's personal history file.
SECTION X. MISCELLANEOMS MigIONS.
A. Consideration of BMR12jee Requests. Any employee shall have the right to
consideration by the City Manager of any request with respect to a claimed inequity
resulting from the strict application of any of the sections contained herein. The
employee shall submit to his department head a written statement of the claimed
inequity and his request; the department head shall promptly forward the statement,
the request, and his written recommendation to the City Manager.
B. Continuity of Service Requirements. Continuous service, as required for advance-
ment within salary ranges and for other purposes specified in this resolution, is
defined as City employment on a probationary, regular, or acting appointment basis .
without break or interruption.
Authorized leaves of absence without pay of 30 calendar days or less and leaves
of absence with pay for any period shall not constitute an interruption of an employee's
continuous service and shall not be deducted in computing his total City service.
Authorized leaves of absence without pay. in, excess of 30 calendar days shall be den.
ducted.in computing an employee!& total City service for advancement in salary range
and for other purposes specified in this resolution, but shall not serve to interrupt"
his continuous service.
C. Avoidance of Inequities. The City Manager may authorize special adjustments
F to avoid or eliminate inequities resulting from the strict a pplication of any of the
provisions of this resolution.
H. Administrative Regulations. The City Manager is authorized to issue written
administrative personnel regulations designed to augment or clarify the provisions
of this resolution. Prior to issuance, such regulations shall be referred for
approval by the City Attorney as to their conformance with the City Charter, this
resolution, and the City's civil service law. At least annually such regulations
shall be considered for possible incorporation in a revision of this resolution.
SECTION RI. REPEAL. Resolution No. 4895 and its amendments are hereby repealed.
SECTION RII. EFFECTIVE HATE. The provisions of this resolution shall be effective
August 1, 1960.
This resolution was adopted by the City Council of the City of Newport Beach at a
regular meeting on the 25th day of ,duly, by the following vote, to wit:
AYES, COUNCILMEN: :v
C�"7° ���,✓1 dllIk
NOES, COUNCILMEN • Yl uL
ABSENT COUNCILMEN.
ATTEST:
C ty CL irk /� D /f I ) 'f/fit
Lyf f�/ Mayor VIL u ,�N..w
.19.
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f
s
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according to the records
of the City of Newport Beach filed and maintained in my office,
the foregoing Resolution No, 5289 was duly and
regularly adopted, passed, and approved by the City Council of
the City of Newport Beach, California, at a regular meeting of
said City Council held at the regular meeting place thereof, on
the 25th day of July , 19 60 , by the following
vote, to wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN:
Dated this 26th
Kingsley, Atkinson, Cook, Hart, Lorenz
None
Stoddard, Somers
day of July
19 60 .
City C er an Ex icio Clerk of the
City Council, City of Newport Beach,
State of California.