Resolution No. 3704RESOLUTION NO. 3704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND
ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS,
AMENDING RESOLUTION NO. 1635, RULES AND REGULATIONS, CHAPTERS 1,
4, 5 AND 11 CONCERNING EMPLOYMENT CLASSIFICATIONS FOR EMPLOYEES
OF THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK
DISTRICT.
WHEREAS, the City Council of the City of Cypress, is
authorized and directed, under the provisions of the Personnel
Ordinance, to adopt and, from time to time, to amend City Rules
and Regulations for the administration of the Personnel System;
and,
WHEREAS, the City Council deems it necessary to amend the
Personnel Rules and Regulations affecting City /District
employees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cypress, and acting as ex- officio Board of Directors of
the Cypress Recreation and Park District, that the following
Chapters 1, 4, 5 and 11 are hereby amended to read as follows:
SECTION 1:
BE IT RESOLVED by the City Council of the City of Cypress,
that the following Chapters: 1, 4, 5 and 11 are hereby amended to
read as follows:
CHAPTER 1. GENERAL
Section 1.05 Exceptions to the Applications of the Rules and
Requlations.(Reword A - J as follows, definition of emergency
employment has been moved to Chapter 4, Section 4.11.)
The Rules and Regulations shall apply to all offices,
positions and employments in the service of the City, except the
following:
A. Elective officers;
B. Members of appointing boards, commissions and
committees;
C. Persons engaged under contract to supply expert,
professional and technical services;
D. Volunteer personnel (such as volunteer firemen);
E. The City Manager;
F. The City Attorney;
G. Assistant City Manager, and Assistant to the City
Manager;
H. Heads of departments;
I. Persons whose appointments to a position are temporary,
emergency or provisional.
CHAPTER 4. APPLICATIONS, APPLICANTS AND EMPLOYMENT
Section 4.11 Types of Appointment. (Reword as follows:)
Employment in the City service is divided into the following
categories:
`v A. Regular full -time: shall be the appointment of a person
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who works a minimum of 40 hours per week on a continuing and
regularly scheduled basis, who has passed the probationary
period. Positions in this category are fully eligible for:
certain City benefits including the Public Employees Retirement
System (PERS) as defined by current law and contract.
B. Regular part - time: shall be the appointment of a person
who works less than 40 hours but more than 19 hours per week on a
continuing and regularly scheduled basis, who has passed the
probationary period. Positions in this category are eligible for
certain City benefits on an accrued basis given the number of
hours worked and are eligible to participate in PERS as defined
by current law and contract..
C. Probationary: shall be the appoint.ment in which the
employee must serve a probationary period of a certain designated
time span to demonstrate fitness for the position.
D. Provisional: shall be the appointment of a person with
the minimum requirements for the position in the class, in the
absence of a current employment list. Such appointments shall be
for a limited per i. od of time not to exceed six (6) months or
until an employment list is established, whichever is shorter.
E. Emergency: shall be the appointment of a person to a
position to meet the immediate needs of an emergency condition
such as a major fire, flood, earthquake, or crime, which
threatens life or property.
F. Temporary: shall be the appointment of a person to any of
the following positions:
1. A seasonal work position;
2. A temporary position appointed for a period of less than
one (.1) Year;
3. A t.e_rnporary appointment may be extended beyond one (1 )
year given the approval of the Ci t.y Manager or his designee. A
temporary position will not change to another status by working
beyond the period or ginal ly expected, designated or extended.
4. A position in any of the following classifications shall
be considered temporary regardless of the length of employment:
Administrative Intern (Any Department
Aquatics Tnstruct.or
Aquatics Specialist
Attendant
Crossing Guard
Crossing Guarc3 /Liaison
Day Camp Specialist.
Early Childhood Education Aide
Early Childhood Education Instructor
Early Childhood Education Specialist.
Leader
Maintenance Aide
Maintenance Attendant
Media Intern
Park Ranger
Playground Specialist
Police Aide
Police Officer Trainee
Pool Manager
Reserve Police Officer
Senior Leader..
5. Any of the above positions may be designated as regular
positions by the City Manager with the approval of the City
Council. The City Manager shall have the authority to add or
delete classifications from this list;
6. Any of the above positions may be eligible to participate
in the Public Employee Retirement System (PERS) upon the
completion of 1000 work hours in a fiscal year as defined under
current law and by the City's PERS contract and the Orange County
Employees' Retirement. System, except as noted in #7 below;
7. The following temporary job classifications are exempt
from participat :ion in PERS regardless of the number of hours
worked in a temporary status:
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Administrative Intern
Crossing Guard
Crossing Guard /Liaison
Maintenance Aide
Police Aide
Engineering Intern
Employees whose appointments are temporary, provisional or
emergency shall not be covered by the City's health, life,
dental, disability or retirement programs, except as required by
the City's Public Employees' Retirement System (PERS) contract
and the Orange County Employees' Retirement System. Temporary,
provisional or emergency positions do not accrue vacation or sick
leave benefits.
Temporary, provisional or emergency employees shall not have
any express or implied rights of employment and can be terminated
at any time, with or without cause or prior notice.
Section 4.14 Layoff. Procedure (Reword as follows:)
Whenever there shall be need for Layoffs, employees shall be
considered in the following order of employment categories:
A. Emergency
B. Provisional
C. Temporary
D. Probationary
E. Regular
The order of Layoff of regular employees shall be based upon
the recommendation of the department head. The depart.ment head
shall take into consideration factors such as tenure, job
performance and the City's Affirmative Action Program.
Regular employees, subsequently laid off, shall he given ten
(10) working days notice, and written notice of the reasons for
such action. Regular employees in good standing (those deemed to
have provided satisfactory service) shall he placed on
appropriate employment lists and will have precedence for
employment over persons whose names appear on employment lists
for the same class of positions.
CHAPTER 5. COMPENSATION AND HOURS
Section 5.04 Advancement. Within Salary Range (Reword as follows:)
In order to properly compensate an employee, advancement in
pay shall he based on merit.
Advancements in pay shall not he automatic, but shall depend
upon increased service value of the employee to the City. Each
depart.ment head and /or supervisor shall he responsible to
evaluate his employee fairly in an unbiased fashion for the
determination of job performance. Advancements shall be made
only upon recommendation of the department head with the approval
of the City Manager.
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A regular full -time employee or regular part -time employee
must be reviewed for performance advancement prior to completion
of six months' service from the date of the appointment. A
temporary or provisional employee shall be reviewed following the
completion of 1040 work hours from the date of appointment.
Thereafter, an employee must be reviewed at least once every
twelve months from the effective date of his last performance
step increase, special performance advancement or promotion.
Nothing shall restrict a department head from denying the
increase after evaluation, nor shall it prevent him from
recommending a special performance advancement in salary at any
time when unusual or outstanding achievement has been
demonstrated. Nothing shall restrict a department head from
conducting performance evaluations more frequently.
It shall be the responsibility of each supervisor to
establish realistic achievement levels for each step increase
within a salary range. Achievement levels may be formal or
informal and shall be reviewed by the department head for the
purpose of maintaining uniformity of standards throughout the
department.
Section 5.09 Standard Work Period (Reword as follows :)
The standard work day shall be eight (8) hours and the
standard work week shall be forty (40) hours for regular and
probationary full -time employees. Regular and probationary full-
time and part. -time employees having different hours for work days
and /or work weeks shall accumulate benefits based on the standard
day and /or week. Other employees may be assigned variable and
lesser work hours, work days and work weeks. Those employees
working between 20 and 40 hours per week will be entitled to one -
half of the benefits normally paid to regular full -time
employees.
CHAPTER 11. DISCIPLINARY ACTIONS
Section 11.02 Pre - disciplinary Procedural Due Process
Limitations (Reword first paragraphs and letters
A - 1: as follows:)
Procedural due process shall not apply to the following
classifications, positions and employments, who shall serve at
the pleasure of the appointing power and may be discharged
without. cause:
A. City Manager;
B. Assistant City Manager and Assistant to the City
Manager.
C. Heads of departments;
D. Emergency employees;
E. Temporary employees;
F. Provisional employee,;
G. Volunteer personnel; and
H. Persons engaged under contract to supply expert,
professional or technical services.
I. City At.tor. ney.
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SECTION 2:
Be it resolved that all references to "permanent" full -time
or part -time employee(s) is hereby changed to "regular" full -time
or part -time employee(s) as stated in Sections 2.01, 4.02, 4.04,
4.11, 4.13, 4.14, 4.15, 4.17, 4.20, 5.14, 5.17, 5.19, 5.20, 6.01,
7.01, 7.02, 7.04, 8.02, 8.03, 9.02, 9.07, 9.10, 10.02, 10.04,
10.05, 11.02, 15.05 and 16.02 of the Personnel Rules and
Regulations.
PASSED AND ADOPTED by the City Council of the City of
Cypress, at a regular meeting held on the 26th day of February,
1990.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK 0 H C."TY OF CYPRESS
STATE OF CALIFORNIA) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing resolution was duly adcpt.ed at
a regular meeting of the said City Council held on the 26th day
of February, 1990, by the following roll cal] vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
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CI OF O F
CITY CLERK OF THE
CYPRESS