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Home My WebLink About85-71 - Uniform Personnel Policies for City EmployeesRESOLUTION NO. 85 - -71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING UNIFORM PERSONNEL POLICIES FOR CITY EMPLOYEES WITH ANNUAL REVIEW BY THE CITY MANAGER WHEREAS, Section 2.28.020 of the Newport Beach Municipal Code provides that: upon the recommendation of the City Manager, the City Council shall also establish, by resolution, uniform personnel policies for City employees relating to Classifica- tion, compensation, leaves of absence and other conditions of employment. Different policies may be provided for different classes„ or for different positions in a class as the needs of the City require. WHEREAS, Section 2.28.030 of the Newport Beach Municipal Code provides that: the City Manager shall review the provisions of the resolutions at least annually, and recommend changes deemed necessary to remove inequities, or to meet the opera- tional needs of the City. WHEREAS, the City Manager has recommended to the City Council certain revisions to the Uniform Personnel Policies deemed necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Uniform Personnel Policies for Fiscal Year 1985 - 1986, as further described in Exhibit "A" attached hereto, and incorporated herein by reference, be and hereby are adopted. ADOPTED this 9th day of September, 1985. ATTEST: City Clerk 0 • • PERSONNEL POLICY RESOLUTION • • EXHIBIT "A" e� /,% C1 • 0 CITY OF NEWPORT BEACH PERSONNEL POLICIES RESOLUTION NO.'' 0 September 9, 1985 0 • SECTION NUMBER TABLE OF CONTENTS SECTION VI - -- COMPENSATION PLAN---- ---- ---------------- - - -- -- 10 600. SECTION I - - -- PURPOSE --------------------------------- - - - - -- 1 601. SECTION II - -- DEFINITIONS ------------------------------ - - - - -- 1 602. Salaries and - Special Compensation 1 SECTION III -- TERMS AND CONDITIONS OF EMPLOYMENT ------ - - - - -- SECTION VII -- 300. Employment Standard ---------------------- - - - - -- 1 700. 301. City's Responsibility to Employees ------ - - - - -- 2 701. 302. Fair Employment --------- •---------------- - - - - -- 2 • 702. 303. Selection Procedures --=- •---------------- - - - - -- 2 703. 304. Certification ----------- •---------------- - - - - -- 2 704. 305. Probation Period -------- •---------------- - -- - -- 2 705. 306. Attendance -------------- ---------------- - - - - -- 3 706. 307. Other Employment -------- •---------------- - - - - -- 4 707. 308. Performance Evaluation -- •---------------- - - - - -- 5 708. SECTION IV - -- TRAINING--------------------------------- - - - - -- 6 • 401. Required Training ------- ---------------- - - - - -- 6 710. 402. Tuition Reimbursement Program ----------- - - - - -- 6 SECTION V - -- CLASSIFICATION PLAN ----- •---------------- - - - - -- 9 500. Preparation of Classification Plan ------ - - - - -- 9 501. Adoption of Classification Plan --------- - - - - -- 9 502. Administration and Maintenance of Classification Plan ----------------- - - - - -- 9 SECTION VI - -- COMPENSATION PLAN---- ---- ---------------- - - -- -- 10 600. Preparation ----------------------------- - - - - -- 10 601. Content --------------------------------- - - -- -- 10 602. Salaries and - Special Compensation Provisions -------------------------- - - - - -- 10 SECTION VII -- ATTENDANCE AND LEAVES OF ABSENCE -------- - - - - -- 22 700. Attendance ------------------------------ - - - - -- 22 701. Anniversary Date ------------------------ - - - - -- 22 • 702. Vacation Leave -------------------------- - - - - -- 22 703. Sick Leave --------- --- ---------- -------- - - -- -- 25 704. Holiday Leave --------------------------- - - - - -- 30 705. Bereavement Leave ----------------------- - - - - -- 31 706. Maternity Leave ------------------------- - - - - -- 32 707. Leave of Absence - With -Pay --------------- - - - - -- 32 708. Leave of Absence - Without -Pay ------------ - - - - -- 33 709. Military Leave -------------------------- - - - - -- 34 710. Absence Without Leave ------------------- - - - - -- 34 i El SECTION NUMBER TABLE OF CONTENTS • SECTION VIII. -- ON- THE -JOB- INJURY--- ---=-=------------------- - - - - -- 35 801. Medical Attention------- ==-- ----------------- - - - - -- 35 802. Industrial Accident Reporting Procedure------ - - - - -- 36 803. Industrial Accident Leaver------------------- - - - - -- 38 SECTION IX. -- DISCIPLINARY CODE---------------------------- - - - - -- 41 900. General----------- - - - - -- --- -- --------------- - - - - -- 41 901. Disciplinary Procedure----------------------- - - - - -- 41 902. Appeal Procedure----------------------------- - - - - -- 42 • SECTION X. -- MISCELLANEOUS PROVISIONS--w 43 1000. Civil Service Board------ --------------------- - - - - -- 43 1001. Memoranda of Understanding------------------- - - - - -- 43 1002. Avoidance of Inequities-- •------ ----- =-------------- 43 1003. Administrative Regulations------------------- - - - - -- 43 1004. City Smoking Regulation Policy--------------- - - - - -- 43 SECTION XI. -- SEVERABILITY ------------ •-------------------- - - - - -- 44 SECTION X. -- REPEAL ------------- ---- ----------------------------- 44 is ii • The City Council and all citizens of Newport Beach have the right to expect that the City will employ the best qualified person available, with preference to the citizens of Newport Beach, quali- fications being otherwise equal; that the tenure of every City employee will be based on a demonstrated need for work performed, availability of funds, faithful and effective performance, proper personal conduct and continuing fitness for the position; and that each employee will be encouraged, trained and developed to assure optimum performance. -1 -• SECTION I. PURPOSE It is the purpose of the Personnel Policies detailed herein to define procedures and processes by which efficient and economical service to the public by employees of the City of Newport Beach can be facilitated through a fair and.equitable system of personnel management. SECTION II. DEFINITIONS . The following terms whenever used herein are defined as follows: CITY MANAGER: The City Manager of Newport Beach or his designated representatives for personnel matters. REGULAR EMPLOYEE: An employee who has successfully completed a probationary period in a permanent position. SEASONAL EMPLOYEE: A full -time or part -time employee occupying a position that is authorized in the budget and which exists for only a specified period of time. TEMPORARY EMPLOYEE: A full -time or part -time employee occupying a position not authorized in the budget and which is of very limited duration; or an employee occupying an authorized position for a • limited period due to the absence of a permanent employee. Y- RATED: A rate of pay higher than the established limits of the authorized salary range of a class. SECTION III. TERMS AND CONDITIONS OF EMPLOYMENT 300. Employment Standard • The City Council and all citizens of Newport Beach have the right to expect that the City will employ the best qualified person available, with preference to the citizens of Newport Beach, quali- fications being otherwise equal; that the tenure of every City employee will be based on a demonstrated need for work performed, availability of funds, faithful and effective performance, proper personal conduct and continuing fitness for the position; and that each employee will be encouraged, trained and developed to assure optimum performance. -1 -• 0 0 • 301. City's Responsibility to Employees All employees of the City of Newport Beach have the right to expect that they will be fully informed of their duties and responsibilities; that they will be provided with adequate administrative and super- visory direction; that they will be informed of how well they are performing their duties and their level of performance; that promo- tion will be made on the basis of merit and ability; that progress- ively improved work performance over an extended period will be recognized and rewarded and that incompetence will not be tolerated; and that employees will not be subject to disciplinary action without justification. 302. Fair Employment City employment will be based on merit. No appointment to, promotion to or removal from a position shall be affected or influenced in any manner by sex, race, color, creed, nationality, age, physical condi- tion, political or religious opinion or affiliation, unless such factor is a bona fide occupational qualification. • 303. Selection Procedures The City Manager shall be responsible for determining methods of evaluating applicants for positions in the City. The evaluation methods may include, but are not limited to, one or more of the following: written tests, oral tests; performance tests; physical agility tests; appraisals of education, training and experience; professional certification; physical examination; and psychological/ psychiatric examination. 304. Certification The City Manager shall determine those applicants eligible for appointment in accordance with Section 303. Department Directors may appoint and promote only from among those persons who are certified to them by the City Manager as being eligible for appointment. 305. Probation Period 305.1. Object • The probation period shall be regarded as part of the initial selec- tion process and shall be utilized for closely observing the employee's performance; for securing the most effective adjustment of an employee to a position; and for reviewing the performance of any employee who does not meet the required standards of the position to which he /she was appointed. -2- 0 0 Probation Period (Continued) • 305.2. Length An appointment from an employment list or promotional list is not permanent until satisfactory completion of a period of not less • than six (6) months for non--Civil Service employees and twelve (12) months for Civil Service employees. The Department Director may extend the probation period but in no event shall the total proba- tion period exceed twelve (12) months and eighteen (18) months, respect- ively. Such extension shall be documented in the manner prescribed by the City Manager. 305.3. Rejection During Probation During the probation period, or any extension thereof, an employee may be rejected at any time by the Department Director without cause and without right of appeal. Notification of rejection shall be furnished the employee in writing and a copy shall be retained in the employee's personnel file together with such other forms as may be prescribed by the City Manager. • 306. Attendance 306.1. Work Week The work week for full -time positions, except as listed below, shall be 40 hours, or as determined by the Department Director and approved by the City Manager. 306.1.1. Fire Department The average work week for Fire Department positions having 12 -hour shifts shall be 56.0 hours. 306.2. Work Shift For all full -time positions except those in the Fire Department, the work shift shall be between 8 to 10 hours as determined by the Department Director and approved by the City Manager. For all such Fire Department positions, except those designated by the Fire Chief, • the work shift shall be 12 hours. 306.3. Work Schedule The work schedule for each position shall be established by the Department Director. —3— 0 0 307. Other Employment • A condition of employment wit.h,the City of Newport Beach is that all regular full -time and part -time appointments are to be the principal employment of employees filling such positions. 307.1. Restrictions • Outside or secondary jobs may be permitted regular employees if such job neither violates the conflict of interest principle or is detrimental to the City by virtue of association, untoward effects on employee efficiency, or through the introduction of greater exposure to injury or sickness. 307.2. Notification Each employee who is working for the City in a regular full -time or half -time position and is working or desires to take an outside or secondary job with another employer shall file a notification of outside employment statement with his /her Department Director indicating: • a. the nature of the ;job b. the name and address of the firm C. the number of hours worked each week d. the work schedule Department Directors shall forward a copy of the notice to the Personnel Office for retention in the employee's personnel file. Resubmission of such notices shall be required yearly for as long as the employee retains the outside or secondary job. 307.3. Review Department Directors shall review the notification of outside or secondary employment taking into consideration the restrictions imposed by Section 307.1. The California Workers' Compensation Manual should be consulted as a guide to relative job hazards when evaluating the possible effects the outside employment might have. If Department Directors feel that such outside or secondary employ- ment or intended employment violates any of the restrictions imposed • by Section 307.1., they shall discuss the possible area of conflict with the employee. -4- i Other Employment (Continued) • In addition, employees should be made aware that if any of the following conditions are found to exist as a result of such outside employment, they shall be subject to whatever action is deemed appropriate by the Department Director or the City Manager: a. an employee's secondary employment is adversely affecting job performance or is in any way interfering with City employment. b. City -owned equipment, supplies, facilities or uniforms have been utilized while engaging in outside employment. c. The employee is associated with an enterprise which provides or performs a service to the City over which the employee has any regulatory responsibility or influence in the capacity of a City employee. d. The employee solicited on behalf of the enterprise repre- sented in a secondary employment during the employee's working hours for the City. • 308. Performance Evaluation The City Manager shall be responsible for establishing and adminis- tering an Employee Performance Evaluation System. • -5- SECTION IV. TRAINING • 401. Required Training 401.1. Definition Required training is defined as mandatory attendance by an employee • at a formal training course during duty or off -duty time. 401.2. Limitations Approval will be limited to those training courses which are required because of the purchase of new equipment or the advent of new technical matter or Procedures which would require formal training by the employee. Conventions, seminars, workshops, short courses, institutes, etc., are not included because of the difficulty of establishing criteria which are consistent with those used to evaluate more traditional courses. Employees participating in such programs will continue to use Departmental funds budgeted for that purpose. • 401.3. Compensation Employees shall be reimbursed for all necessary expenses incurred while attending a required training course. Payment of overtime and transportation costs will be in accordance with applicable sections of this Personnel Policies Resolution. 401.4. ADDlication Applications for attendance by employees at required training courses will be in the format prescribed by the City Manager and must be approved by the Department Director. 401.5. Approval The City Manager shall determine the necessity for the training course requested and its applicability for funding under this section. 402. Tuition Reimbursement Program • 402.1. Objective The objective of the Tuition Reimbursement Program is to encourage employees to participate in off -duty instruction which will be immediately and mutually beneficial to the employees and the City. 0 0 Tuition Reimbursement Program (continued) • 402.2.1. Employees All regular full -time employees, except as noted, performing their duties satisfactorily, are eligible for this Program. Fire Captain, Fire Engineer, Fire Paramedic and Firefighter classes are not eligible for- tuition reimbursement. • 402.2.2. Courses The following criteria shall be used to determine the eligibility of courses for tuition reimbursement: a. Courses must be directly related to the duties performed by the employees. b. Courses must have reasonable potential for resulting in savings or more efficient service to the City. c. Courses must be taken at accredited institutions. Correspondence courses from reputable institutions will be considered only when equivalent courses are not available. • 402.3. Limitations 402.3.1. Number of Units Reimbursement is limited to $450 per semesteror $300 per quarter: maximum reimbursement is $900 oer fiscal year. Reimbursement for Sworn Police classes is limited to $350 per fiscal vear for each individual. 402.3.2. Courses Courses are not eligible for tuition reimbursement if they: a. Are taken to bring unsatisfactory performance up to an acceptable level. b. Are taken to acquire skills or knowledge which the employee was deemed to have when appointed. c. Duplicate available in- service training. d. Duplicate training which the employee has already had. e. Are part of a work experience program and involve no class room participation. • 402.3.3. Grade Reimbursement will be made only for those courses completed with a minimum final grade of "C" or its equivalent in an undergraduate course, or "B" or its equivalent in a graduate level course. No reimbursement shall be made for audited courses or incomplete courses. -7- 0 • • r Tuition Reimbursement Program (continued) 402.4._ Application i Application for tuition reimbursement shall be in the format prescribed by the City Manager. Prepayment or postpayment of the cost of tuition, text books and required materials may be requested. No payment shall be made for the expense of travel, parking, meals, normal supplies or other incidental costs. 402.4.1. Prepayment To obtain prepayment of authorized expenses, application must be made at least two weeks prior to the starting date of the course. An itemized list of all expenses for which payment is requested shall accompany the application. Con- firmation of the grade received and receipts for all expenses prepaid must be submitted within 60 days after completion of the course. If the employee fails to submit the informa- tion required or fails. to complete the course satisfactorily, the amount prepaid will be deducted from the employee's next paycheck. 402.4.2. Postpayment To obtain postpayment of authorized expenses, application must be made within 60 days of the completion of a course. Confirmation of the grade received and an itemized list with receipts for all expenses claimed must accompany the application. 402.5. Repayment Upon Termination If an employee leaves the City service within one (1) year after the completion of any course or courses for which reimbursement by the City has been made, the reimbursed cost of such course or courses shall be deducted from the employee's terminal paycheck. 402.6. Approval Authority The City Manager shall be the final approval authority for all requests submitted. Applications must bear the signature of the employee and must be approved by the Department Director. 402.7. Control of Property All books and other required materials which have been paid for by the City under this program are the property of the City of Newport Beach and shall be turned in by the employee to their Department Director upon completion of the course. Department Directors shall be responsible for establishing and maintaining a system of control for all such books and materials. Employees desiring reimbursement for books shall first determine that the book is not available within their Department. 0 0 SECTION V. CLASSIFICATION PLAN • 500. Preparation of Classification Plan 500.1. Classification of Positioi 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 education, experience, abilities and personal traits. 500.2. 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 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. 500.3. Interpretation of Class Specifications All class specifications shall describe typical duties which em- ployees occupying positions in the class may properly be required to perform. Class specifications are explanatory, but not restric- tive. The listing of particular tasks shall not preclude the assignment of others of related kind or character or requiring lesser skills. 501. Adoption of Classification Plan Classes of positions in the Classification Plan shall be established and listed by Resolution of the City Council. 502. Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the Classification Plan. At least annually,, the . City Manager shall direct a review of the existing Classification Plan to ensure that it is effectively maintained and that it reflects any significant changes in duties and responsibilities of positions. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authori- zation and to Civil Service Board approval when positions in the classified service are involved. No reclassification of a position shall be made without the prior knowledge of the employee in the position. -g- • SECTION VI. COMPENSATION PLAN 600. Preparation The City Manager shall be responsible for the preparation of a Compensation Plan following City Council approval of any adjust- ments in wages, fringe benefits and other matters related thereto, 601. Content The Compensation Plan shall establish salary ranges and salary rates, allocate classes thereto and provide for special compensa- tion provisions. 602. Salaries and Special Compensation Provisions The provisions of the following sections pertaining to salary upon appointment, merit advancements within salary ranges and compensation for overtime shall not pertain to Department Directors and key personnel positions which are designated by • the City Manager. Such employees may be advanced within the salary ranges at the discretion of the City Manager. Department Directors and key personnel shall not be eligible for paid over - time; however, compensatory time off for work beyond the normal work week may be granted at the discretion of the City Manager or Department Director. 602.1. Salary Upon Appointment Except as otherwise provided herein, all new employees shall be compensated at the entry rate of the salary range in effect for the class in which appointment is made. 602.1.1. Appointment at Advanced Rate Department Directors are authorized to appoint new employees up to "C" step in the salary range when it is determined by the Department Director that there is a direct and measurable benefit for the City for such appointment. Appointment at the higher salary step may be authorized by the Personnel Director. The factors to be considered include: The quality • and quantity of the appointee's previous experience, education and training; the difficulty in recruiting qualified applicants; employment and salary status and a determination that the per- formance of the appointee has a significant impact on City or Departmental programs and policies. -10- 0 0 Salaries and Special Compensation Provisions (Continued) 602.1.2. Reemployment of Permanent Employees On written recommendation of the Department Director and approval by the City Manager, a former employee may be • reemployed in the class of position he /she occupied at the time of his /her termination irrespective of the exist- ence 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 reemployment lists for such class. b. The employee must have completed at least one year continuous service in the class immediately prior to termination. C. Termination of City employment was under favorable conditions. d. Reemployment occurs after termination of City employment within one (1) year for non -Civil Service • employees and two (2) years for Civil Service employees. e. The employee may be required to serve a probation period. f. The employee may be required to take a medical exami- nation at his /her own expense and as prescribed by the City Manager. 602.1.2.1. Compensation The compensation of a former City employee who is re- employed in the class of position occupied at termina- tion shall be as determined by the City Manager. There shall be no reinstatement of any benefits or seniority accrued during the previous employment period. 602.1.3. Reemployment of Temporary and Seasonal Employees The City Manager may authorize compensation at any rate within the salary range for persons reemployed for temporary or seasonal service. • 602.2. Merit Advancement Within Salary Ranges 602.2.1. General Salary increases within a range shall not be automatic. They shall be based on merit: and granted only upon affirmative action of the Department Director and approval by the City Manager. 602.2.2. Effective Date All merit advancements shall be effective on the first day of the first pay period following the eligibility date. -11- Salaries and Special Comp Wtion Provisions (Continued) . 602.2.3. Completion of initial Working Period Upon satisfactory completion of the initial six month working period, as evidenced in writing by the Department Director, • the City Manager may authorize advancement of an employee to the next higher rate in the salary range. 602.2.3.1. Merit Advancement Eligibility Date The date on which an employee becomes eligible for con- sideration for further merit advancements within the • salary range shall be determined by the date of appoint- ment and the month in which the initial advancement was received. Such eligibility date shall be determined by the Personnel Department for all employees and furnished to each Department. 602.2.4. Annual Merit Advancements Regular appointees who demonstrate progressively improved per- formance shall earn eligibility for annual merit advancements within the salary range based on their eligibility date. Upon recommendation by the Department Director, the City Manager may authorize advancement of an eligible employee to the next higher rate in the salary range. • 602.2.5. Temporary and Seasonal Employees Temporary and Seasonal employees shall not be eligible for merit increases within the salary range except for those classes of positions approved by the City Manager. 602.2.6. Permanent Appointment From a Temporary Status Notwithstanding the other provisions of this Personnel Policies Resolution, a temporary appointee in a class who, without 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 six months of satisfactory service, including his /her temporary service, as evidenced by the Department Director__ and approved by the City Manager. The employee shall acquire a merit advance eligibility date on such advance and shall earn eligibility for subsequent annual merit advances in accordance with Section 602.2.4. herein. • The salary advance provision of this Section shall not apply when a temporary appointee in a class receives, without a break in his/ her continuous service, a probationary appointment to a position in a different class having a higher salary range. The merit ad- vancement date of such appointee shall be as specified in Section 602.2.3. herein. The employee's probation period shall commence with the date of the probationary appointment. Satisfactory completion of such probation period shall be written recommendation of the Department Director and approval of the City Manager. -12- Salaries and Special Compensation Provisions (Continued) • 602.3 Compensation on Promotion A regular or probationary employee who is promoted to a position in class with a higher salary range shall be compensated at the entry step of the higher salary range, or at the step within the higher • salary range which would provide no less than 5 percent above the the base salary rate the employee was receiving prior to the promo- tion. Upon recommendation of the Department Director, the City Manager may authorize advancement to the next higher step in the higher salary range beyond the step increase guaranteeing at least 5 percent. 602.4. Compensation on Demotion 602.4.1. Involuntary Demotion 602.4.1.1. Unsatisfactory Performance • An employee who is involuntarily demoted to a position in a class with a lower salary range because of unsatis- factory performance shall have his /her salary rate reduced to the entry rate of the class to which he /she is demoted and will be required to serve a probationary period unless he /she had previously been promoted from the lower class. If promoted, the employee will be compensated at the same rate he /she was receiving prior to his /her promotion and will be returned to the same probationary /regular status he /she had prior to his /her promotion. 602.4.1.2. Other Than Unsatisfactory Performance An employee who is involuntarily demoted to a position in a class with a lower salary range for any reason other than unsatisfactory performance shall have his /her salary reduced to any rate in the lower range that does not constitute an increase in salary; shall retain his /her original salary anniversary date; and may be required to serve a probationary period. Determination of the • appropriate salary rate and probationary status will be made by the Department Director. -1.3- 0 Salaries and Special Compensation Provisions (Continued) • 602.4.2. Voluntary Demotion An employee who is demoted at his /her own request to a posi- tion in a class with lower salary range shall have his /her salary reduced to any rate in the lower salary range that • does not constitute an increase in salary. Determination of the appropriate salary -rate and probationary status will be made by the Department Director. 602.4.2.1. Y -Rated If an employee is. Y -rated and requests a voluntary demotion, his /her salary shall be reduced by at least the amount of the difference between the maximum salary of the class from which he /she is being demoted and the maximum salary of the new class. 602.5. Compensation on Position Reclassification • The salary rate of an employee in a position that is reclassified shall be determined as follows: 602.5.1. Class with Same Salary Range If the position salary range as is appointed to of the employee also apply to a not a change in is reclassified to a class with the same the previous class, and if the incumbent the reclassified position, the salary rate shall not change. This provision shall change of class title, provided there is the basic duties of the position. 602.5.2. Class with Higher Salary Range If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, the incumbent shall be compensated at the same relative position in the new salary range as held in the previous salary range. • 602.5.3. Class with Lower Salary Range If the position is reclassified to a class with a lower salary range than the previous class and if the incumbent is appointed to the reclassified position, the incumbent's salary rate shall not change. If his /her salary is greater than the maximum rate of the lower salary range, his /her salary shall be Y -rated and shall not change during continuous service until the maximum of the new range exceeds the salary of the employee. -14- 0 0 Salaries and Special Compensation Provisions (Continued) .6. Compensation for Actinq Appointments Subject to the following limitations, an employee who • is required on the basis of an acting appointment to service in a class with a higher salary range than that of the class in which he /she is normally assigned shall receive the entrance salary rate of the higher range, or the rate within the higher salary range which would provide a minimum of 5 percent or a maximum of 7.5 percent higher than the rate he /she receives, whichever • is greater. 602.6.1. Limitations a. The acting appointment must be a position in a higher class occupied by a permanent employee on suspension or on an authorized leave of ,absence; or to a position for which a vacancy exists. b. The written approval of the City Manager shall be required. c. The employee must serve the minimum number • of hours indicated below in the higher class at his /her normal rate of pay prior to being compensated at a higher rate; Scheduled Work Week Minimum Hours After an employee has worked the minimum required hours in the higher class, he /she shall be compen- sated at the higher salary rate retroactively to the 40th hour (League employees will be retroactively compensated to the first hour) of such acting appointment. Any subsequent acting appointments of less than a normal work week shall not be compensable at a higher rate. 602.6.2. Move -up Pay Fire Sworn Personnel who are required for any reason to perform the duties attendant to a classification with a higher salary range, will • be paid move -up pay equal to 5 percent of the regular base pay for the period of time the employee is actually performing those duties; provided, however, the employee shall receive such pay only after the employee has performed those duties fpr One Hundred and Twenty (120) hours, while in the employ of the Newport Beach Fire Department. -15- • • 0 Salaries and Special Compensation Provisions (Continued) 602.7. Compensation for Overtime 602.7.1. Normal Overtime 602.7.1.1. Definitions Miscellaneous Employee: An a miscel aneous member of the Retirement System (P.E.R.S.). Public Safety E:m�lo ewe: An a pu is safety member of the Retirement System (P.E.R.S.). employee designated as Public Employees employee designated as Public Employees Non - exempt Employee: An employee covered by the provisions of this section. Exempt Employee: An employee, who by virtue o the a typ�work performed and the salary paid, is exempt from the provisions of this section. Exempt employees will be designated by the City Manager. 602.7.1.2. Exempt Employee Employees designated as exempt from the provisions of this section shall be compensated for normal overtime at the hourly equivalent of the employee's bi- weekly salary rate or granted equivalent compensatory time off. In all cases, the method of compensation shall be at the discretion of the Department Director. Normal overtime is defined as any scheduled hours worked in excess of the basic work week (or basic work shift for public safety employees). Reporting of overtime on payroll forms-will be as prescribed by the Finance Director. 602.7.1.3. Miscellaneous Employees Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 -hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. 602.7.1.3.1. Definition of Hours Worked Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. -16- 0 Salaries and Special Compensation Provisions (Continued) • 602:7.1.,3.2. Compensation Normal overtime for all non - exempt employees shall be paid at one - and -one half (1k) times the hourly rate of the employee's bi- weekly • salary rate. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. 6023J.4.' Public Safety Employees • Normal overtime is defined as any scheduled work time in excess of the basic work shift except incidental overtime which is defined below: 602.7.1.4.1. Compensation k For Fire Personnel and Marine Safety Personnel, normal overtime shall be paid.at_ the hourly equiva- lent of the employee's bi- Weekly salary rate. For Police Personnel, other than Police Officer and Police Dispatcher, normal overtime shall be converted to compensator time off at one - and -one half (1;) times the normal rate, or paid at one - and- one- half.(l�.) times the hourly equivalent of the employee's bi- weekly salary rate. Police Officers and Police Dispatchers shall be paid at the overtime rate of 1.59 times the hourly rate. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. 602.7.2. Special Overtime Except as noted, the following provisions shall apply to all full -time, regular and probationary employees. Fire Department personnel are not eligible for Special Overtime. -.17- Salaries and SDecial CmmnPnsatinn Provisions (Continued) 602.7.2.1. Standby Duty • a. Defined (1) To be ready to respond immediately to calls for service; (2) To be reachable by telephone; (3) To remain within a specified distance from • his /her work station; and, (4) To refrain from activities which might impair the employee's ability to perform his /her assigned duties. b. Compensation Stand -by duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Such compensation on holidays shall be at the rate of two 2) hours of overtime compensation for each eight 8) hours of stand -by duty. Should the employee be required to return to work while on stand -by status, the • provisions pertaining to compensation for call -back pay shall apply for the actual period of time the employee is in a work status. 602.7.2.2. Call -Back Duty a. Defined Call -back duty requires the employee to respond to a request to return to his /her work station after the normal work shift has been completed and the employee has left his /her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call -back duty. b. Compensation All personnel eli�ible for overtime pay shall be guaranteed two (2 hours pay, or pay for one -and- one -half (12) times the number of hours worked, whichever, is greater. Reporting of overtime on pay- roll forms will be as prescribed by the Finance Director. in 0 0 Salaries and Special Compensation Provisions (Continued) • 602.7.3. Fire Department Personnel on 12 -hour Shifts Fire Department personnel on 12 -hour shifts shall receive over- time compensation as follows: • 602.7.3.1. Shift; Hold -Over x If an employee is required to work an extra 12 -hour shift, or one or more hours thereof, because of the absence of another employee assigned to that shift, such overtime shall be compensable at the hourly equivalent of his /her biweekly salary based on a 56.0 hour week, or by equiva- lent compensatory time off. The method of compensation shall be at the discretion of the Department Director. 602.7.3.2. Stand -by Duty �' An employee who is required to return to work during his/ her off -duty hours for stand -by duty, as distinquished • from actual firefighting or similar emergency, shall be compensated at the same rate as employees on shift hold- over. 602.7.3.3. Fire or Similar Emeraencv If an employee who is not on stand -by or shift hold -over is required to return to work or to continue on duty during his /her off -duty hours for actual firefighting, or similar emergency designated by the Department Director, the employee shall receive a minimum of three (3) hours overtime compensa- tion for the first: hour and one (1) hour overtime compensa- tion for each hour thereafter. Such overtime compensation shall be at the hourly equivalent of his /her bi- weekly salary based on a 56.0 hour work week or equivalent time off. The method of compensation shall be at the discretion of the Department Director. 602.7.4. Miscellaneous; Provisions 602.7.4.1. 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 two (2) hours of such compensation. Fire Department employees who are required to stand -by to appear in Court during their off -duty hours in connection with City business shall be compensated at the rate of four (4) hrs. of straight overtime for each eight (8) hours of such stand-by designation. 0" i • Salaries and Special Compensation Provisions (Continued) 602.7.4.2. Overtime During Off= Duty Hours Police and Fire personnel assigned by the Department Director to work as Police Officers or Firefighters • during their off -duty hours for private employers shall receive paid overtime compensation at the hourly rate specified in the Compensation Plan. 602.7.4.3. Temporary and Seasonal Employees Employees classified as temporary or seasonal, except Marine Dept. employees, shall be paid for overtime in the same manner as Miscellaneous Employees as outlined in Section 602.7.1.3. above. Marine Dept.employees shall be paid at the hourly equivalent for hours worked. 602.7.4.4. Accumulation of Compensatory Time Off Police Department employees may accumulate up to eighty (80) • hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Police Chief. 602.7.4.5. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than one -half hour that is non - recurrent. b. Compensation Incidental overtime is not compensable. 602.8. Jury Duty No deduction shall be made in the salary of an employee who serves on a jury if he /she has remitted to the City the fee paid for such service. is If the employee chooses to retain the jury fee, he /she will be charged compensatory time off, vacation time or be placed on a leave - without -pay status, accordingly, for the time spent on jury duty. An employee accepted for jury duty shall immediately notify his /her Department Director in writing whether or not he /she shall remit the jury fee to the City and, if not, his /her status while performing such jury duty. -20- Salaries and Special Compensation Provisions (Continued) 602.9. Witness Fees • No deduction shall be made in the salary of an employee who is subpoenaed to testify in a judicial or quasi - judicial proceeding as a material or expert witness if he /she remits to the City any fee received for being a witness. If the employee chooses to retain the witness fee, he /she will be charged compensatory time off, vacation time, or be placed on leave- without -pay status, • accordingly, for the time spent testifying. If the employee incurs personal mileage expenses while appearing as a witness, he /she may retain that portion of the witness fee attributable to mileage and remit the difference to the City. An employee subpoenaed to appear pursuant to an official subpoena shall immediately notify his /her Department Director in writing whether or not he /she shall remit the witness fee to the City and, if not, his /her status while serving as a witness. In addition, employees served with subpoenas shall notify the City attorney's Office immediately upon being served. 602.10. Use of Private Vehicle • Employees are authorized compensation for use of their private vehicles while traveling on City business. Within a radius of one - hundred (100) miles, reimbursement will be made at the rate of twenty- and -6ne -half (20.5) cents per mile for actual business miles travelled. Beyond the one - hundred (100) mile radius, reimbursement will be made at air coach fare, economy class fare, or twenty- and -one- half (20.5) cents per mile, whichever is the least expensive. C -21- L SECTION VII. ATTENDANCE AND LEAVES OF ABSENCE 700. _iAttendance Employees shall be in attendance in accordance with the provisions of this Personnel Policies Resolution governing hours of work, • leaves and holidays. All Departments shall maintain daily atten- dance records for employees which shall be reported to the Finance Department on forms and dates specified by the Finance Director. 701. Anniversary Date For the purpose of computing entitlement to vacation and sick leave accrual, an employee's continuous service shall be based on the effective date on which he /she received his /her initial probationary appointment to the City service. Such date shall be the employee's anniversary date for vacation and sick leave purposes, subject to the provisions contained herein. 702. Vacation Leave • 702.1. Purpose • The purpose of vacation leave is to provide a rest period which will enable the employee to return to work physically and mentally refreshed. 702.2. Eligibility All employees shall be entitled to accrue vacation leave- with -pay except the following: a. Employees having temporary or seasonal appointments. b. Employees on leave of absence without pay or suspension without pay. -22- • Vacation Leave (Continued) 702.3 Basis for Accrual /Fill =time Employees • Employees entitled to vacation leave- with -pay shall accrue such leave based on years of continuous service and the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedule: is • Years of Hours in Normal Work Week Continuous Service 40 44 (averade) FIRE DEPARTMENT (Personnel Working an Average 56.0- hour -week) 0 but less than 5 Accrual per Month (Hours) 0 but less than 5 8.00 8.80 5 but less than 9 9.33 10.26 9 but less than 13 10.67 11.73 13 but less than 17 12.00 13.20 17 but less than 21 13.33 14.67 21 but less than-25 14.67 16.14 25 and over 16.00 17.60 FIRE DEPARTMENT (Personnel Working an Average 56.0- hour -week) 0 but less than 5 5 but less than 9 9 but less than 13 13 but less than 17 17 but less than 21 21 but less than 25 25 and over -23- 12.00 Hours 14.00 Hours 16.00 Hours 18.00 Hours 20.00 Hours 22.00 Hours 24.00 Hours 0 Vacation Leave (Continued) • 702.4. Limit on Accumulation Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each • year with the following exception: with the approval of the Department Director, an employee may accrue vacation days in excess of the two -year limit provided all such excess accumulation is taken by March 31st of the following year. 702.5. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry -level Police Officers, may it be taken prior to the completion of an employee's initial probationary period. Entry -level Police Officers may use vacation after the the completion of the initial twelve (12) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration whenever possible the seniority and wishes of the employee. Vacation leave may be • granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. 702.6. Terminal Vacation Pa Any employee, except for entry -level Police Officer, who has accrued vacation leave, who has completed his /her initial probationary period, and whose employment terminates shall be compensated for such accrued vacation based on the hourly equivalent of the salary he /she was receiving at the time of his /her termination. After the completion of the initial twelve (12) months of probationary period, entry -level Police Officers shall receive terminal vacation pay if they have maintained a satisfactory or higher performance evaluation rating throughout the probation period. An employee who terminates while serving a probationary period in a position to which he /she has been promoted shall receive terminal vacation pay based on the hourly equivalent of the salary received immediately prior to promotion, provided he /she had successfully completed a probation period in the position from which he /she was • promoted. Except as noted above for entry - level Police Officers, an employee who has not completed a probation period in at least one position shall not receive terminal vacation pay. -P4- 0 9 Vacation Leave (Continued) • 702.7. Holidays Occuring During Vacation In the event one or more holidays observed by the City falls within the period an employee is on vacation leave, such day or • days shall not be charged against the vacation accrual. 702.8. Vacation Anniversary Date Changes Any leave of absence - without -pay or suspension- without -pay shall result in a new vacation anniversary date. Such date shall be based on the employee's original vacation anniversary date plus the number of consecutive days of the leave of absence or suspension. 703. Sick Leave 703.1. Defined • As used in this Personnel Policies Resolution, sick leave means the necessary absence from duty of an employee because of: a. Non - occupational injury or illness. b. Medical or dental examination or treatment, by a licensed practioner when such absence during working hours is authorized by the Department Director. c. Exposure to a contagious disease when quarantine is imposed by health authorities or when it is determined by the City Physician that the presence of the employee on duty would endanger the health of others. d. A physical impairment which, in the opinion of the Department Director, might place the employee in a position of further endangering his /her well -being if returned to work. e. Pregnancy, delivery and recovery therefrom. f. Family illness to "include the spouse, son or daughter which requires the presence of the employee. 703.2. Probatio • with the a. b. Eligibility iary and regular employees are eligible to accrue sick leave following exceptions: Employees having temporary or seasonal appointments. Employees on leave of absence - without -pay, or suspension - without -pay. -25- • • 0 Sick Leave (Continued) 0 703.3. Basis for Accrual /Full -time employees Full -time, regular employees based on the number of hours in the position to which they are with the following schedule: Hours in Normal Work Week 40 56 shall accrue sick leave a normal work week for assigned in accordance Accrual per Month 8.00 hours 12.00 hours 703.4. Method of Use 703.4.1. General Sick leave may not be taken in excess of that actually accrued. • Except as noted, an employee serving his /her initial probation period is eligible to use his /her accumulated sick leave provided that if for any reason his /her City employment is terminated prior to the completion of such probation period, his /her final paycheck shall be reduced by the value of the sick leave he /she has taken. After completion of the initial twelve (12) months of probation period, entry - 'level Police Officers shall not have used - sick -leave deducted from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probation period. Sick leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. 703.4.2. Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 703.1. Limitation of Family Illness: except • as noted, employees may use up to one (1) eight (8) hour day; Police Department employees, Employees League, Employees Associa- tion,-Department Directors an-d Key= Management personnel may use up to five (5) eight (8) hour days; Firefighters Association members may use up to four (4) twelve (12) hour days per calendar year. The Department Director may require a Physician's certification or other evidence of the adequacy of the reason for the employee's absence during the period for which sick leave was requested. -26- 0 Ll Sick Leave (Continued) • 703.4.3. During Vacation Leave An employee who is admitted to a hospital or confined to bed under medical orders while on vacation leave may have the period of illness charged to his /her accumulated sick leave instead of vacation leave under the following conditions: Immediately upon return to duty, the employee submits a written request to his /her Department Director for sick leave and a written statement signed by his /her attending physician describing the nature and dates of illness and the period of disablement. The Department Director recommends and the City Manager approves the granting of such sick leave. 703.4.4. During Holid�kys Sick leave shall not be applied to absences which occur on a day designated as a City holiday. • 703.5. Abuse of Sick Leave Sick leave is a privilege granted to employees and abuse of this privilege will neither be tolerated or condoned. Department Directors will be responsible for controlling the use of sick leave by employees to the extent of requiring physician's certifications or other evidence of illness, injury, appointments, etc. If the Department Director does not consider the evidence adequate, he /she shall disapprove the request for sick leave and indicate on the proper forms that such absence shall be absence - without -leave and shall be uncompensated. Additional disciplinary measures, including dismissal, may be imposed by the Department Director when any employee fraudulently obtains sick leave or abuses the sick leave privilege. 703.6. Extended Sick Leave 703:6.1. General isOn written request of the employee and recommendation of the Department Director, the City Manager may authorize a leave of absence - without -pay for the purpose of recovering from an illness or injury provided: a. The employee has used all his /her accumulated sick leave. b. The employee furnishes to the Department Director a certi- fication from the attending physician stating the nature of the illness and an estimate of the time needed for full recovery. -27- 0 Sick Leave (continued) • 703.6.2. Employees not Covered by Disability Insurance Employees who have elected not to participate in the City's Disability Insurance Plan may request utilization of accrued vacation leave or compensatory time -off after exhaustion of accrued sick leave in lieu of leave of absence- without -pay. If approved by the Department Director, the employee shall be reported on the proper payroll forms in the appropriate status until exhaustion of such vacation leave and compensatory time off.. Requests for leave of absence without pay to cover any further period of extended illness or injury will be in accord- ance with Section 703.6.1. 703.6.3. Employees Covered by Disability Insurance . Employees participating in the City's Disability Insurance Plan shall meet all provisions of the terms of the policy regarding use of sick leave. Requests for leave of absence- without-pay to cover the period of extended illness or injury will be in accordance with Section 703.6.1. Employees may request partial use of accrued vacation and compensatory time - off to offset any loss of pay while on disability insurance. 703.6.4. Maximum Period The normal period of such leave of absence - without -pay shall be a maximum of three calendar months. There may be only one extension and it may be for only three 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 /her position and the length of time the City can reasonably afford to fill the position on a temporary basis, or not have the duties performed. 703.6.5. Return to Duv Prior to resuming his /her duties the employee may be required to submit to a physical examination at his /her expense and as prescribed by the City Manager. The employee's personnel record and the results of such examination shall be considered by the • City Manager in determining the employee's fitness to return to work. 0 • Sick Leave (Continued) 40 703.7. Payment for Unused Sick Leave Upon paid retirement, termination in good standing or death, an • employee or his /her estate shall be paid for a percentage of the employee's first 800 hours (1200 hours for Fire Personnel on a 12 -hour Shift) of unused sick leave in the amount computed as provided below: Percent of Unused Years of Service Sick Leave Paid For Less than 10 None 10 but less than 15 25.0% 15 but less than 2;0 37.5% 20 or more 50.0% Years of service as defined herein shall mean full -time, continuous service in a regular position with the City of Newport Beach. Employees • who are allowed to resign in lieu of dismissal will not be considered to be terminated in good standing and will not be eligible for compen- sation. 703.8. Sick Leave Anniversary Date Changes • The provisions of this Personnel Policies Resolution applicable to vacation anniversary date changes arising from the granting of a leave of absence - without -pay, or suspension- without -pay, shall also apply to sick leave anniversary dates. -29- • 704. E • • Holiday Leave Subject to the provisions contained herein, the following days shall be observed as paid holidays by all employees_in_p_e_rmanent positions except sworn, Police personnel, Fire personnel represented by Firefighters Assn., personnel whose days off are other than Saturday and Sunday, and other personnel whose work assignments, in the judgment of the Department Director, require their presence on the job. For each designated holiday, except the Floating Holiday, such excepted personnel shall receive an extra day of vacation or equivalent pay whichever in the judgment of the Department Director best serves the interest of the Department. Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Friday following Thanksgiving Christmas Eve Christmas Day New Year's Eve New Year's Day Washington's Birthday Memorial Day Floating Holiday July 4 1st Monday in September 2nd Monday in October November 11 4th Thursday in November Last Half of Working Day December 25 Last Half of Working Day January 1 3rd Monday in February Last Monday in May Employee's Date of Birth With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on Sunday, the following Monday will be observed instead. If Christmas Eve or New Year's Eve occurs on Saturday or Sunday, the employee shall receive one -half a vacation day for each holiday added to his /her accumulated total. When any other designated holiday occurs on Saturday, the employee shall receive an additional vacation day added to his /her accumulated total. -30- W • • Holiday Leave (Continued) In addition to the designated holidays listed, other days or portions of days may be authorized by official proclamation of the Mayor. The Mayor may take such action to coincide with special holidays declared by the President of the United States, • the Governor of the State of California, or when, in the opinion of the Mayor, a significantly important local event merits such action. 704.1. Hours Paid Employee League members scheduled to work 44 hours and 36 hours during a two -week work schedule will, when a holiday occurs during a work schedule, receive only an eight (8) hours pay for said holiday. 705. Bereavement Leave 705.1. Defined • The necessary absence from duty by an employee having a regular or probationary appointment because of the death of terminal illness of a member of his/her immediate family. 705.1.1. Immediate Family For the purposes of this Section, immediate family shall mean father, mother, brother, sister, wife, husband or child. For members of the Fire-fighters, City Employees, Professional/ _ Technical employees, League employees, Department Directors and key personnel, the immediate family shall include the employee's spouse's mother,...fat.b.er_,_.br,.other and sister. 705.2. Maximum Allowed Such leave shall be limited to five (5) working days per calendar year. The limit for Fire Department personnel on 12 -hour shifts is seven and - one -half (7.5) shifts. . 705.3. Probationary Employees Except for entry -level Police Officers, an employee serving his /her initial probation period who takes leave under this Section and who for any reason terminates his /her City employment prior to the com- pletion of such probation period shall have his /her final paycheck reduced by the value of the leave he /she has taken. After the com- pletion of the initial twelve (12) months probationary period, entry - level Police Officers shall not have used - bereavement leave deducted from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probation period. -31- • • The absence of an employee from his /her regular work area, for reasons other than physical illness or injury or mental illness, during which he /she continues to receive regular salary and entitlement to all benefits. The regular work area is defined as the geographical area to which the employee is typically and appropriately assigned to work during the usual course of employment. 707.2. Applicability • The provisions of this Section shall apply only to those employees who are entitled to receive leave - with -pay. -32- 706. Maternity Disability Leave • 706.1. Notification In all cases of pregnancy disability leave, the employee shall furnish the City a statement from her attending physician giving the anticipated date of delivery and the opinion of the physician as to her ability to perform her normal work assignment. 706.2. Status of Employee 706.2.1. Regular Duty A pregnant employee may work as long as, and return to duty as soon as, in the opinion of her attending physician and a City- designated physician, she is physically able to perform the duties of her position. 706.2.2. Sick Leave Employees who become disabled due to pregnancy are authorized to use accrued sick leave for absence necessitated by such • pregnancy, delivery and normal recovery therefrom. 706.2.3. Extended Sick Leave Pregnant employees may request leave of absence - without -pay upon depletion of accrued sick leave in the same manner as that prescribed in Section 703.6. 707. Leave of Absence -With -Pay 707.1. Defined The absence of an employee from his /her regular work area, for reasons other than physical illness or injury or mental illness, during which he /she continues to receive regular salary and entitlement to all benefits. The regular work area is defined as the geographical area to which the employee is typically and appropriately assigned to work during the usual course of employment. 707.2. Applicability • The provisions of this Section shall apply only to those employees who are entitled to receive leave - with -pay. -32- Leave of Absence - with -Pay (Continued) • 707.3. Authorization Upon written recommendation of the Department Director, the City Manager may authorize leave of absence - with -pay for a period or periods not to exceed 180 calendar days in a calendar • year for purposes which: a. Contribute to the employee's effectiveness in his /her . assigned duties and responsibilities; and, b. Are deemed to be beneficial to the City. 708. Leave of Absence - Without -Pay 708.1. Defined The authorized absence of an employee from his /her regular work area during which regular salary and entitlement to all benefits are discontinued. • 708.2. Applicability The provisions of this Section shall apply only to those employees who are entitled to receive leave with pay. 708.3. Authorization Upon written recommendation of the Department Director, the City Manager may authorize leave of absence - without -pay for a period or periods not to exceed 180 calendar days in a calendar year for purposes which are deemed beneficial to the City. 708.4. Extension of Sick Leave Requests for leave of absence- without -pay to extend sick leave or maternity leave will be governed by procedures established in Sections 703.6. and 706. 708.5. Limitations • a. Other than for purposes of extending sick leave or maternity leave, no leave of absence - without -pay will be granted unless the employee has first used all accrued vacation leave and compensatory time off. b. Should an employee terminate while on leave of absence- without- pay any compensation due the employee will be computed on the base rate of pay Vie /she was receiving at the time the leave of absence - without: -pay began. -33- Leave of Absence - Without -Pay (Continued) • 708.6. Return to Duty An employee must give two (2) weeks notice prior to the date on which .he /she will return to work. If the employee does not give two (2) weeks notice, the Department Director shall not be required to return the employee to duty until two (2) weeks • after the employee has given such notice. 708.7. Changes in Anniversary Dates Anniversary dates for the purpose of salary advancement, vacation and sick leave accrual, retirement and any other benefits affected shall be extended by the amount of leave taken or by whatever time is required by law. 709. Military Leave An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the State of Calif- ornia Military and Veterans Code (Ch. 7, Section 395 et seq.). • An employee requesting such military leave shall present a copy of his /her military orders to his /her Department Director prior to the beginning of the leave. • 710. Absence without Leave An employee who is absent from duty shall report the reason for such absence to his /her Department Director or immediate supervisor prior to the date of expected absence whenever possible and in no case later than two hours after the beginning of his /her normal work shift. Absences not so reported will be considered Absence - without -Leave and will be so designated on the proper payroll forms. -34- 0 0 SECTION VIII. ON- THE -JOB INJURY • 801. Medical Attention Whenever an employee sustains an industrial injury or disability arising out of, and in the course of, City employment, and requires medical treatment, the employee shall be referred to an appropriate facility or doctor based on the nature and extent of the injury or . disability. The City Manager will establish a Medical Panel of Doctors specifi- cally to insure prompt treatment of employees under such circumstances and to facilitate efficient reporting and recording of the City's accident and injury experience. In the event Panel Doctors are unavailable, which may be the case during weekends and after normal working hours, industrial injury victims may be taken to a hospital facility. In accordance with Labor Code 4601, an employee may request one change of physicians, other than the doctor of initial treatment and may specify that a Chiropractor be included in the list of doctors offered for his /her selection. The employee may be treated • by a physician of his /her choice, other than the doctor selected for initial treatment, after 30 days from the date the injury was reported, as outlined in Labor Code 4600. Requests for such changes shall be directed to the Personnel Office. Upon written notification, prior to the date of a work injury, to the Personnel Office, an employee may designate his /her personal physician as his /her doctor of treatment for work injuries from the date of injury, under conditions outlined in Labor Code 4600. 801.1. Emergency If the injury or disability is of a serious and urgent nature and requires emergency medical treatment, the employee shall be referred to or transported to the nearest emergency treatment facility, generally the Emergency Room at Hoag Hospital. 801.2. Non - Emergency If the injury or disability is not of a serious and urgent nature and would require only normal medical treatment, the employee shall • be referred to the nearest: appropriate doctor as specified on the City Manager's Panel of Doctors. 801.3. First -Aid Referral of an employee for medical treatment will not be necessary in cases where the injury is of such a minor nature that ordinary first -aid treatment will suffice. -35- E • • 802. Industrial Accident Reporting Procedure In the event of injury to an employee which has arisen out of, and in the course of City employment, the employee's immediate supervisor • or superior shall investigate the contributing factors causing the injury and shall initiate the accident reporting forms authorized by the City Manager for this purpose. Reports of Injury shall be com- pleted immediately upon notice of such injury. Notice of injury will have been effected when the injured employee or other persons on his /her behalf, have reported the injury to the employee's supervisor or other appropriate superior. Employees are expected to report job - related injuries at the time they occur. Failure to comply within the time limitations specified in Section 5400 of the California Labor Code, and wherein the City has been misled or prejudiced by such failure, may cause industrial leave to be denied. • • 802.1. Reports of Injury Reports of injury will be completed in cases where: a. Injury to an employee occurs requiring treatment by a doctor. b. An accident occurs which may have resulted in serious injuries had an employee been more closely involved. c.. Ordinary first -aid has been administered and appears to be sufficient treatment but the likelihood of further complications, e.g. infections, exists or the injured employee insists on seeing a doctor. d. No apparent injury has resulted but the employee involved feels he /she should see a doctor, or in the judgment of the supervisor the employee should be treated by a doctor. 802.2. Fatal or Serious Injuries Fatal or serious injuries shall be reported immediately by telephone to the Personnel Department which in.turn will ensure compliance with Section 6409.1. of the California Labor Code regarding special pro- cedures in such cases. In the event of such fatal or serious injuries occur after normal working hours, notify the Personnel Department at next normal work day. -36- or on weekends, supervisors will the earliest possible time on the 0 0 Industrial Accident Reporting Procedure (Continued) 802.3. Doctor's Referral Slip • An employee, whose job - related injury was of such severity as to warrant treatment by a doctor, shall not be permitted to return to his /her job or any other job within the City, until he /she has presented a properly authenticated doctor's referral slip to his /her supervisor, or other acceptable assurance • indicating his /her physical health will not be endangered further in the performance of his /her regular duties or other duties to which he /she may be assigned. An employee who has returned to work following recovery from a job - related injury and later requires additional time off due to incapacitation arising from an original injury, shall be returned to his /her doctor of record by way of referral slip or other forms authorized by the City Manager. Industrial accident leave, as defined below, will not be granted for in- termittent time off unless incapacitation has been confirmed as outlined above. 802.4. Distribution of Industrial Injury Report Forms • 802.4.1. Original Co The original of the report shall accompany the injured employee to the assigned panel doctor as a referral slip. Referral slips should be retained by the doctor until the employee is released to resume work at which time it shall be the employee's obligation to obtain his /her completed referral slip and return this record to his /her supervisor, prior to being permitted to return to work. After noting qualifying comments by the doctor, if any, the referral slip shall be forwarded to the Personnel Department where it will become a part- of the employee's permanent record. 802.4.2. Supervisor's Copy One copy shall be retained by the originating supervisor as a continuing record of accidents /injuries among his /her employees. 802.4.3. Personnel Office Copy • One copy shall be forwarded to the Personnel Department Immediately. The Personnel Department shall ensure compliance with the California Labor Code regarding reporting of indus- trial accidents. -37- • • • Industrial Accident Reporting Procedure (Continued) 802.5. Immediacy of Treatment The relief of pain and suffering shall not be delayed for the sake of completing accident report forms. Under such circum- stances, the above procedures shall be accomplished as soon as feasible after treatment has been obtained. 803. Industrial Accident Leave 803.1. Defi Industrial accident leave is defined as the necessary and authorized absence from duty by an employee because of an injury or disability which has arisen out of, and in the course of, employment with the City. 803.2. Amount of Leave • 803.2.1. Full -Time Probationary and Regular Employees The following schedule shall be applicable to all full -time probationary and regular employees except Police and Fire Personnel covered under the provisions of Section 4850 of the California Labor Code. Amount of Employee's Continuous City Service At least one day but less than six months At least six months but less than five years Five years and over Maximum Industrial Accident Leave 20 working days 6 calendar months 1 calendar year 803.2.2. Police and Fire Personnel is Such personnel whose duties clearly place them within the scope of Section 4850 of the California Labor Code shall receive industrial accident leave to the extent provided for in the Law. • 0 Industrial Accident Leave (Continued) r1 L 803.2.3. Temporary and Seasonal Employees Temporary and seasonal employees,-- including those employees. assigned to the Police and Fire Departments who are not clearly within the scope of-Section 40 850 of the California Labor Code, shall not be entitled to industrial accident leave. Entitlement to Workers' Compensation benefits under the laws of California will be unaffected by this provision. 803.3. Compensation • An employee on authorized industrial accident leave shall, during such absence, receive that portion of his /her normal salary, which, when added to temporary disability benefits payable under the provisions of the Workers' Compensation Laws of California equal his /her normal salary provided: a. He /she is entitled to receive benefits within the scope of the law, and; b. The City's liability for payment of such portion shall be limited to the maximum periods specified in Section 803.2. 803.4. Extended Industrial Accident Leave An employee who continues to be disabled or ill after he /she has used all entitlements to industrial leave as specified in Section 803.2. may be granted, at the discretion of his /her Department Director, such portion of accrued sick leave necessary to assure receipt of the equivalent of his /her full salary. 803.4.1. Limitation • Sick leave will not normally be granted to extend industrial accident leave when it is evident that the employee will be incapable of performing the duties of the position to which he /she was assigned. If the employee is eligible for immediate retirement under the provisions of the Public Employees Retire- ment System (P.E.R.S.) then, in the interest of the employee, the Department Director may place the employee in sick leave status until retirement is effected, or expiration of sick leave, whichever is sooner. -39- Industrial Accident Leave (Continued) • 803.5. Workers' Compensation Benefits Employees who have expended the maximum industrial accident leave allowance plus sick leave extensions, if any, and continue to be temporarily disabled shall, barring recourse to other provisions • of this Personnel Policies Resolution, cease to receive supple- mental wages under. this Section. Entitlement to Workers' Compensa- tion benefits will be unaffected. 803.6. Extension of Benefits Employees who are entitled to and are on industrial accident leave (803.2),sick leave extension (803.4) or other authorized absences which entitles the employee to normal pay status, shall during such authorized absences, continue to accrue vacation, holidays, sick leave and to earn eligibility for consideration for merit salary advancements. 803.7. Availability of Personnel • Employees on industrial accident leave must remain in the immediate area while recovering from job - related injuries and must be available for any appointments or consultation as may be required by the City or other authorized agency. 803.8. Appeals Board Appearances Any employee who does not regain his /her pre - injury condition following recovery from an injury sustained in the course of his/ her City employment but instead is permanently disabled to a measurable degree, even though the existence of disability is his/ her opinion alone, has the right to apply for a hearing before the Workers' Compensation Appeals Board, and to receive a determination as to the extent of permanent disability, if any. The time -off necessary to appear at his /her Appeals Board Hearing at the time it is scheduled shall be provided the employee by his /her Department Director. Time -off for this purpose will be considered industrial leave. • Notices of hearings before the Workers' Compensation Appeals Board will be distributed to the appropriate Department Director by the Personnel Department as they are received. The Department Director or his /her designated representative will attend the Appeals Board Hearing of employees assigned to their Departments. -40- • • SECTION IX. DISCIPLINARY CODE • 900. General 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 of 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 Rules and Regulations when an employee has regular status in the Civil Service System, the Civil Service Rules and Regulations shall prevail. 901. Disciplinary Procedure The following procedure shall be followed when, in the judgment of the Department Director, 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, insubordina- tion, or failure to observe departmental or City rules and regulations. Prior to any disciplinary action becoming effective, an employee shall be given notice of the proposed action, the reasons therefore, a copy of the charges and materials upon which the action is based, and a right to respond either orally or in writing to the Department Director initially imposing the discipline. 901.1. Reprimand If the reprimand is in writing the employee shall receive a copy thereof. The Department Director shall forward a copy to the City Manager's Office for retention in the employee's personnel file, and the employee shall be notified of such action. 901.2. Suspension Unless originally authorized or extended by written approval by the • City Manager on written recommendation by the Department Director, the maximum period of suspension shall be twenty (20) working days; such maximum period for Fire Department personnel on 12 -hour shifts shall be 24 shifts. 901.2.1. Five Working Days or Less The Department Director shall transmit a personnel action form for the information of the City Manager briefly describing the offense and the period of suspension. The Department Director shall when possible give a copy of such form to the employee before the form is transmitted to the City Manager. -41- 0 0 Disciplinary Procedure (Continued) • 901.2.2. In Excess of Five Working Days Prior to the effective date of the suspension when possible, the Department Director 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. 901.3. Demotion or Dismissal The Department Director 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. 902. Appeal Procedure • The appeal procedure described herein shall not apply if the employee is rejected, reprimanded or suspended during his /her probation period in the position he /she 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 on a temporary appointment or acting appointment basis. This subsection shall not apply to employees in the Civil Service System. 902.1. Employee's Answer Within ten (10) calendar days after the effective date of the disci- plinary action, the employee shall be entitled to submit to the City Manager, through his /her Department Director, a written request for review of the action taken. Such request will include copies of all materials pertaining to the disciplinary action. The City Manager shall then review the matter with the employee and the Department Director and uphold, modify or revoke the action taken. • 902.2. Civil Service Board Review Except for reprimands, after the City Manager has reviewed the case the employee may within twenty (20) calendar days 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 find- ings and recommendations, the City Manager shall uphold, modify or revoke the action taken and his decision thereon shall be final. -42- A � • • SECTION X. MISCELLANEOUS PROVISIONS 1000. Civil Service Board • The responsibilities and authority granted the Civil Service Board by the City Charter or the Municipal Code shall not be diminished by any provision of this Personnel Policies Resolution. When inconsistencies exist between rules established in this Resolution and those powers' granted to the Civil Service Board, the Civil Service Board shall have precedence. • 1001. Memoranda of Understanding In any case in which any provision of this Personnel Policies Resolu- tion is inconsistent with a provision embodied in any memorandum of understanding between a recogni'zed employee organization and the City, approved by the City Council and executed, the provision contained in such memorandum of understanding shall supercede the provision contained in this Resolution. 1002. Avoidance of Inequities The City Manager may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any of the provisions of this Personnel Policies Resolution. • 1003. Administrative Regulations The City Manager is authorized to issue written administrative personnel regulations to augment or clarity the provisions of this Personnel Policies Resolution. 1004. City Smoking Regulat16h:Policy 1.0 POLICY: The City's policy is to abide by both the letter and intent of the Newport Beach Municpal Ordinance #85 -19, which has been added to Chapter 6.25 of the Newport Beach Municipal Code, Regulating smoking in work places. 2.0 PROCEDURE: 2.1 Definitions a.) 'Employee' shall mean any person who is employed or under verbal written contract for monetary compensation. • b.) 'Work Places' shall mean all facilities under the control of employer including lobbies, hallways work areas, lounges, libraries, restrooms, conference or meeting rooms, traini. rooms, and elevators. c.) 'Work Area' shall mean the permanent work station of any employee and shall include the employee's desk, cubicle, counter space or enclosed vehicle. d.) 'Smoke= or 'smoking° shall include carrying or holding a lighted pipe, cigar, or cigarette of a kind or emitting or exhaling of smoke of any kind. -43- SECTION X. 1004 (Continued) 2.2 Regulated Spaces • a.) Those facilities which are designated as non- smoking areas are: 1. Lobbies 2. Hallways and passageways 3. Restrooms and lounges • 4. Meeting rooms 5. Conference rooms 6. Training rooms 7. A non - smoker's private office(s) (if designated by its occupant). 8. A non - smoker's immediate work area (if designated by its occupant). 9. A non - smoker who is assigned to operate an enclosed vehicle may designate the vehicle a non - smoking area. b.) All non - smoking areas will be so designated by a sign which clearly and conspicuously states 'NO SMOKING', in all capital lettering not less than one inch in height on a contrasting background, and /or the International 'no • smoking symbol. Such signs in hallways and passageway will be posted not less than 5 feet nor more than 8 feet above floor level. In meeting rooms, conference rooms, training rooms, and libraries such spaces will be clearly designated by signs on tables. 2.3 Non- Regulated Spaces: a.) Any area not designated by this policy or by the City's smoking regulation ordinance. b.) Any immediate work area, place, or station, not designated as such by its primary occupant or operator. 2.4 Complaints • a.) Complaints regarding smoking should be filed with the Department Director, who in turn will enact reasonable measures to satisfactorily resolve the complaint. b.) Any dispute arising between smokers and non- smokers, and non - smokers which cannot be satisfactorily resolved interdepartmentally, shall be referred to the Director of Personnel who will attempt to accommodate the desires of both smokers and non - smokers. In the event an accommodation cannot be reached at this level, the preference of the non- smoker shall prevail. -44- s 9 SECTION X. 1004 (continued) 2.5 Notification to Employees • a.) In accordance with Newport Beach Municipal Code- Section 1, Chapter 6.25: 1.) It is unlawful to willfully mutilate or destroy any signs required by -this Policy. • 2.) It is unlawful to smoke in any area posted as a non- smoking area. 3.) Violations of this section of the Newport Beach Municipal Code shall be an infraction and shall be punishable by a fine as provide in Section 1.04.010 of the Code. 4.) a.) A separate offense shall be deemed to exist for each and every day during any portion of which any violation of any provision of this ordinance is committed, continued or permitted by any person and shall be punishable accordingly. • b.) Any employee failing to respect and follow the requirements of this policy is subject to the City's disciplinary procedures. Repeated failure to follow this policy could result in discharge. 6� �� i f [! 1 P E11 A �� Tl �L•L17 0 �� If any section, subsection, sentence, clause, phrase or portion of this Personnel Policies Resolution, or any additions or amendments thereto, or application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons. The City Council hereby declares that it would have adopted this Resolu tion and each section, subsection, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconsti- tional. SECTION XII. REPEAL • Resolution No. 83 -89 and any amendments thereto are hereby repealed. -45--