Resolution No. 3759RESOLUTION NO. 3759
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 4,
5,6,8,9,10 AND 15 CONCERNING LAYOFF PROCEDURE, TRANSFER, SALARY
INCREASE FOLLOWING PROMOTION, RECOGNIZED HOLIDAYS, REGULAR
APPOINTMENTS FOLLOWING PROBATIONARY PERIOD, VACATION LEAVE
ELIGIBILITY, RELATED LEAVE CHARGEABLE TO SICK LEAVE, BEREAVEMENT
LEAVE, MATERNITY LEAVE OF ABSENCE AND FAMILY LEAVE FOR EMPLOYEES
OF THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT.
WHEREAS, The City Council of the City of Cypress, and acting
as ex- officio Board of Directors of the Cypress Recreation and
Park District, is authorized and directed, under the provisions
of the Personnel Ordinance, to adopt and, from time to time, to
amend City /District 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 4, 5, 6, 8, 9, 10, and 15 are hereby amended to read as
follows:
CHAPTER 4. APPLICATIONS, APPLICANTS & EMPLOYMENT
Section 4.14. Layoff Procedure (New Section Replaces Old
Section And Rename Section, Layoff Policy)
Whenever there shall be a need for layoff, employees within
the class(es) of position(s) involved shall be terminated in the
following order: emergency, provisional, temporary,
probationary, regular. The order of layoff of regular employees
shall be based upon recommendation of the department head. The
department head shall take into consideration such things as
tenure, job performance and the City's Affirmative Action Plan.
Regular employees, subsequently laid off, shall be given ten (10)
working days" notice, and written notice of the reasons for such
action. Regular employees in good standing (those deemed to have
produced satisfactory service) shall be placed on appropriate
employment lists and will have precedence for employment over
persons whose names appear on employment lists for the same class
of position.
An employee may be terminated by the department head when
deemed necessary or convenient as a result of substantial changes
in duties or organization, abolition of position, shortages of
work funds, or completion of work for which employment was made.
Such termination shall not be subject to appeal. Regular
employees not certified as having provided satisfactory services
may interpret such layoff action as discharge and may request
"appeal proceedings" as provided for in the Personnel Rules and
Regulations.
Section 4.16. Transfer (Add sentence at the end of first
paragraph and add second paragraph)
The City Manager may require a transferring employee to
serve a new probationary period.
For purposes of this Agreement, a transfer shall not include
the reassignment of personnel within the internal operation of
the department as may be made from time to time by the department
head.
CHAPTER 5. COMPENSATION AND HOURS
Section 5.05. Salary Increases Following Promotion (New
Section Replaces Old Section)
When an employee in the City is promoted to a position with
a higher salary range, such employee shall automatically be
entitled to the lowest step in the higher salary range that would
represent a salary increase of at least 5% over the base salary
received immediately prior to the promotion.
Section 5.17. Holidays (Replace Second Paragraph And Rename
Section, Recognized Holidays)
On January 1 of each calendar year, current employees shall
be credited with three (3) floating holidays (24 working hours).
Employees hired after January 1, but before September 1 of the
calendar year, will be credited with three (3) floating holidays.
Floating holidays may be taken subject to approval of the
department head after consideration of the department workload
and other staffing considerations such as, but not limited to,
leave schedules of other employees already approved, sick leave
and position vacancies. Floating holidays must be taken as paid
time off in the calendar year of crediting. There shall be no
cash payment for unused floating holidays.
CHAPTER 6. PROBATIONARY PERIOD
Section 6.01. Regular Appointments Following Probationary
Period (New Section Replaces Old Section)
The original appointment of every employee, other than those
whose appointment is exempt, shall be tentative and subject to a
probationary period of twelve (12) months of service, except
police officers who shall be required to serve a probationary
period of eighteen (18) months of service.
The promotional appointment of every regular employee shall
be tentative and subject to a probationary period of six (6)
months, except police officers who shall serve an eighteen (18)
month probationary period.
The Personnel Director shall notify the department head and
the probationer concerned, two weeks prior to the termination of
the probationary period.
If the service of the probationary employee has been
satisfactory, the department head shall file with the Personnel
Officer a statement, in writing, to such effect stating that the
retention of such employee in the service is desired. No actions
changing an employee's status from probationary to regular shall
be made or become effective until approved by the City Manager or
his designee.
CHAPTER 8. VACATION LEAVE
Section 8.02 Eligibility (Replace Old Section With New
Section)
The following shall apply except as otherwise provided in
any MOU between the City and the recognized employees'
associations: all regular, full -time and part -time employees,
having completed a minimum of six (6) months continuous service
with the City, and annually, thereafter, shall be eligible for a
paid vacation at his then current rate of pay.
CHAPTER 9. SICK LEAVE
Section 9.09. Related Leave Chargeable to Sick Leave (Omit
First Paragraph Only)
CHAPTER 10. OTHER LEAVES OF ABSENCE
Section 10.02. Bereavement Leave (New Section replaces Old
Section)
Regular and probationary full -time employees may be granted
a bereavement leave of absence by reason of death in the
immediate family which shall be restricted and limited to Father,
Mother, Brother, Sister, Spouse, Child, Grandmother, Grandfather,
Mother -In -Law, or Father -In -Law. Upon approval of said leave,
the employee shall be allowed a maximum of five (5) working days.
Employees shall receive eight (8) hours of pay for each day lost
from work of bereavement leave they are entitled to as set forth
above.
Section 10.04. Maternity Leave of Absence (Replace First
Paragraph And Rename Section, Pregnancy Disability Leave Of
Absence)
An employee who is disabled due to pregnancy shall be
granted a pregnancy disability leave for a minimum period of four
(4) months provided that a lesser period may be granted upon the
request of the employee.
Section 10.06. Family Leave (New Section and Section No.)
Upon a demonstration of need and subject to the following
conditions, an employee may take sick leave and /or unpaid leave
to care for his /her newborn infant, whether acquired through
parentage or adoption, or a seriously ill or injured family
member.
1. Proof of birth or adoption of a newborn infant or the
serious illness /injury of the family member must be submitted to
the City.
2. A maximum of four hundred (400) working hours of family
leave, in any combination of sick leave and unpaid leave, may be
taken during any two (2) year period.
3. Requests for family leave must be submitted, in writing,
to the concerned employee's supervisor at the earliest possible
date preceding the time when the leave is to begin.
4. Operational needs of the City shall be relevant in
determinations regarding the granting of family leave.
5. In the event of an extended family leave, the employee
may be required to periodically report on the status of the
situation giving rise to the leave.
6. Family leave may be granted only upon the recommendation
of employee's department head and approval of the City Manager or
his designee.
For employees on unpaid leave, accrual of sick leave and
vacation, and the administration of other benefit plans will be
in accordance with the provisions of Section 10.01 above.
Section 10.07. Unauthorized Leave Of Absence (New Section
No. Only)
CHAPTER 15. EMPLOYEE TRAINING AND EDUCATION PROGRAMS
Section 15.05. Education Incentive Pay (Omit Section)
Section 15.06. Training for Affirmative Action (Change
Section No. Only To 15.05)
These amendments shall become effective December 25, 1989.
PASSED AND ADOPTED by the City Council of the City of
Cypress, and acting as ex- officio Board of Directors of the
Cypress Recreation and Park District, at a regular meeting held
on the 29th day of May, 1990.
Y OF THE CITY OF OF
ATTEST:
CITY CLE K OF THE C Y 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 adopted at
a regular meeting of the said City Council held on the 29th day
of May, 1990; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Kanel
/ji.,...:
CIT CLER' OF T CITY OF CYPRESS
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