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Resolution No. 247RESOLUTION NO. 247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A BASIC COMPENSATION PLAN FOR ALL EMPLOYEES IN THE MUNICIPAL SERVICE OF THE CITY OF CYPRESS, SETTING FORTH RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVES, VACATIONS, LEAVES OF ABSENCE, AND OTHER REGULATIONS, AND REPEALING ALL CONFLICTING RESOLUTIONS OF THE CITY COUNCIL. WHEREAS, Section 37206 of the Government Code requires the City Council prescribe the time and method of paying salaries and wages of officers and employees of the City; and, WHEREAS, the City Council has determined that it is necessary for the efficient operation and management of the City that rules and regulations be established prescribing sick leaves, vacations, leaves of absence and other regulations for the employees and officers of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: Compensation Plan. A Compensation Plan is hereby established for all officers and employees of the City of Cypress who are now employed or who will, in the future, be employed by the City of Cypress, a copy of which plan is attached hereto, incorporated herein, and made a part hereof, and designated as "Appendix A ". SECTION 2: Intent. It is the intent of this Resolution to recognize the following principles: A. Employment Standards. The City Council and all the citizens of Cypress have the right to expect that the City will employ the best qualified persons available, that the tenure of every City employee will be based on a demonstrated need for the work performed, avail- ability of funds, faithful and effective performance, proper personal conduct, and continuing fitness for his position, and that each employee will be encouraged, trained, and developed to assure optimum performance. B. City's Responsibility to Employee. Each employee of the City of Cypress has the right to expect that he will be fully informed of this duties and responsibilities, that he will be provided with adequate administrative and supervisory direction, that he will be informed of how well he is performing his duties and his level of performance, that promotions will be made on the basis of merit and ability, that progressively improved work performance over an extended period will be recognized and rewarded and that incompetence will not be tolerated, and that he will not be subject to sus- pension, demotion, or dismissal without justification.. SECTION 3: Administration and Maintenance of Classification Plan. The City Manager shall be responsible for, but may delegate, the administration and maintenance of the Classification Plan. At least annually, the City Manager shall direct a review of the existing Classification Plan to insure that it is effectively maintained 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 authorization. No reclassification of a position shall be made without the prior knowledge of the employee in the positions. Rnan1..1-4nn Nn 7L7 SECTION 4: Responsibilities of City Manager. Employees shall be paid at monthly or hourly rates as determined by the City Manager, subject to the provisions of this Section. At least annually the City Manager shall review the existing Compensation Plan and recommend to the City Council a salary range and salary rates for each class for which he is the appointing authority. In determining salary ranges and salary rates, consideration shall be given to both basic pay and working conditions in comparable public and private employment in the recruitment area. SECTION 5: Administration of Basic Compensation Plan. A. Entrance Salary Rates (1) In General. Except as otherwise provided herein, all new employees shall be appointed at the first step of the salary range in effect for the class in which the appointment is made. The City Manager may, however, authorize initial City employment at a salary rate up to and including the third step of the salary range. (2) Temporary Appointees. Persons employed or re- employed for temporary or seasonal service, may upon written recommendation by the Department Head and approval by the City Manager, be compensated at any rate established for the class. B. Merit Steps. Each employee will not advance automatically from year to year without regard to quality of service. The plan furnishes incentives which will encourage employees to put forth increasing efforts as they advance through the steps of the plan. C. Step Increases. The five steps of the salary range shall be interpreted and applied as follows: (1) The first step is the minimum rate and is normally the hiring rate for the class. (2) The second step is an incentive adjustment to encourage the employee to improve his work. Employees may be eligible for this adjustment any time after the completion of six months of service at the first step. The adjustment shall be made only if recommended by the Department Head and if approved by the City Manager. (3) The third step is an incentive adjustment to encourage an employee to improve his work. The column heading shall establish the normal length of service for advancement to the next higher step, except that advancement to any step may be made for outstanding qualifications or exceptional circumstances on the recommendation of the Department Head, concurred in by the City Manager. (4) The fourth step of the range is an incentive adjustment to encourage an employee to improve his work. The column heading shall establish the normal length of service for advancement to the next higher step, except that advancement to any step may be made for outstanding qualifications or exceptional circumstances on the recommendation of the Department Head, concurred in by the City Manager. 513 (5) The fifth step of the range is an incentive adjustment to encourage an employee to improve his work. The column heading shall establish the normal length of service for advancement to the next higher step, except that advancement to any step may be made for outstanding qualifications or exceptional circumstances on the recommendation of the Department Head, concurred in by the City Manager. D. Each promotion shall carry a salary increase. E. Probation Period. Except as otherwise provided herein, a six month probation period shall apply to all appoint- ments except temporary appointment, acting appointment, appointments to positions designated by resolution of the City Council as Department Head or Key personnel position. SECTION 6: Compensation for Overtime. Subject to approval of the City Manager and to the following provisions, a Department Head may prescribe reasonable periods of overtime work to meet operational needs of his department. Except as otherwise provided herein, overtime shall either be paid at the hourly equivalent of the employee's monthly salary rate or granted as equivalent compensatory time off. The method of compensation shall be at the discretion of the Department Head, subject to approval of the City Manager. A. Incidental Overtime. Incidental overtime is not compen- sable. It is defined as overtime of less than one -half hour that is non - recurrent and which is not standby duty, call -back duty, or court time. B. Police Department Personnel in Detective Bureau. Police Department personnel assigned by the Police Chief to the Detective Bureau, except the clerical staff, shall not be eligible to receive paid overtime compensation for service in the Detective Bureau unless approved by the City Manager, subject to the discretion of the Police Chief and to Paragraph F of this section; however, they may take com- pensatory time off for unusual amounts of overtime worked. C. Department Heads and Other Key Personnel. Department Heads and other key personnel shall not be eligible for paid overtime. Compensatory time off for work beyond the normal work week may be granted at the discretion of the City Manager. D. Other Employees. Other employees shall be paid at the hourly rate established for their class based on the number of hours actually worked. E. 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. F. Accumulation of Compensatory Time Off. Accumulated over- time must be taken off or paid for no later than the end of the month following the month in which it was worked, provided, however, that such accumulated overtime may be taken off or paid for at a later date if the City Manager in writing authorizes such procedure prior to the time such overtime is worked. D ,..... l .. i .... )T.. )J.7 G. Jury Duty. When called to serve on a jury, all employees shall have time off for the period of actual service required on such jury. Such employees will be paid the difference between their regular salary and the amount they receive for jury duty. SECTION 7: Vacations. All full time employees, after being in the continuous service of the City of Cypress for at least twelve months, shall be entitled to a vacation which shall consist of ten (10) working days for each full year of service performed. In the event one or more municipal holidays falls within a vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. The time during the calendar year at which an employee shall take his vacation shall be determined with due regard for the wishes of the employee and particular regard for the needs of the service. The full vacation leave shall be taken at one time. However, the City Manager under appropriate circumstances may permit a modification of this requirement. Vacations may be taken during the year following which the vacation privilege has been earned, except that upon approval of the City Manager, vacations may be accumulated for a period not to exceed four (4) calendar weeks or twenty (20) working days. In the event that an employee is separated from his employment or receives a leave of absence over three months with the City, after completing at least one (1) year's service, such an employee shall be paid for any vacation leave which has accrued in the year in which he or she is separated. SECTION 8: On theJob Iniury. Whenever any person is compelled to be absent from his employ- ment with the City on account of injury arising out of and in the course of his employment as determined by the Workmen's Compensation Act, he shall receive full compensation during the first seven (7) work days of such absence to be paid by the City. Thereafter he shall be paid in full (the City to make up the difference in addition to the Workmen's Compensation stipend) for the following period of time as herein set forth depending upon the length of service with the City. (a) Ten (10) work days for employees who have worked for the City an accumulative period of one (1) year. (b) Twenty (20) work days for employees who have worked for the City an accumulative period of two full years. (c) Thirty (30) work days for employees who have worked for the City an accumulative period of three (3) years and over. Thereafter during such absence he may elect to apply prorated accrued sick leave, if any, to such absence and to receive compensa- tion therefor in an amount equal to the difference between the compensation received by him under the Workmen's Compensation Act and his regular City pay, not to exceed the amount of his earned sick leave. An employee in such instance, may also elect to use any earned vacation time and equivalent time off for overtime in like manner after his sick leave is exhausted. An employee shall not be entitled to any of the privileges contained in this section if he is injured while working for or performing services for an employer other than the City of Cypress. D - - -� -_ -_ u- 1A7 SECTION 9: Attendance. 58 Full -time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep daily attendance records of all employees. Failure to report on the part of an employee absent without leave for more than eight (8) work- hours'shall be cause for discharge. SECTION 10: Holidays. The following holidays shall be recognized as legal holidays: New Year's Day Washington's Birthday Lincoln's Birthday Memorial Day Independence Day When a holiday falls on Saturday Monday shall be observed. SECTION 11: Mileage Allowance. Labor Day Armistice Day Day before Christmas Christmas Day Thanksgiving Day or Sunday, the following Every officer or employee who is required to use a private automobile in the discharge of service of the City shall, after receiving the approval of the City manager, receive compensation for the use of such automobile at the rate of ten (.10) cents per mile. SECTION 12: Computation of Advancement Dates: The anniversary date for persons employed or promoted between the first day of the month and the fifteenth day of the month, inclusive, shall be computed from the first day of the month in which employed or promoted; for persons employed or promoted between the sixteenth day of the month and the last day of the month, inclusive, the anniversary date shall be computed from the first day of the month following the date of the appointment or promotion. SECTION 13: Pay Periods. All officers and employees of the City of Cypress shall be paid on a semi - monthly basis. In the event a pay day falls on a holiday, all warrants or checks in payment and compensation shall be made available to the City employees on the first work day preceding the holidays. SECTION 14: Discharge. Employees shall be discharged for flagrant violations of accepted rules of conduct. It is expected that an employee resigning from the City will give the City at least two weeks' written notice. Nothing contained in this Resolution shall be construed as granting any employee or official of the City any vested interest in any salary or position. Furthermore, nothing contained herein is intended to prevent the City from terminating the employment of any employee or officer of the City at any time. This Resolution may be changed or modified at any time by the City. Resolutinn Nn 947 SECTION 15: Key Personnel. The following listed positions are deemed "Key Personnel" and as such are not eligible for overtime compensation: City Attorney City Clerk City Manager Administrative Assistant Director of Finance Purchasing Agent Assistant Director of Finance Director of Public Works Assistant City Engineer Directorof Planning Police Chief Police Captain Police Lieutenant Superintendent of Building and Safety Assistant Superintendent of Building and Safety. SECTION 16: Group Insurance. All full -time employees are eligible for group hospitalization insurance, the City to pay the entire cost thereof for its employees and their dependants, except the sum of One Dollar ($1.00) per month. There is no probationary period for this insurance coverage. Each employee shall pay for the life insurance coverage in full. SECTION 17: Sick Leave. Sick leave with pay shall be granted each full time employee at the rate of one work day of each calendar month of service. Unused sick leave may be accumulated at a total of ninety (90) work days. Absence for illness may not be charged to sick leave not already accumulated. Unused sick leave shall not be considered in calculating severance pay. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee as determined by the City Manager. In order to receive sick leave with pay the employee shall notify his Department Head prior to or within four (4) hours after the time set for beginning his.daily duties. When circumstances are such and the City Manager determines that conditions warrant, an absence may be allowed with full pay, in the event of serious illness where death appears to be imminent, or death to members of the immediate family for a full time employee, such absence not to exceed three (3) working days in any one year. Immediate family is defined as mother, father, grand- mother, grandfather, spouse, sister, brother, child. Upon return from an absence of one (1) or more days, the employee shall file with the Department Head, upon request, a physician's certificate or a personal affidavit stating the cause of absence. This section shall not apply to sickness or injury arising out of or in the course of employment by the City. SECTION 18: All conflicting resolutions of the City of Cypress are hereby repealed. PASSED AND ADOPTED this 29th day of March, 1962, by the follow- ing called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ATTEST: TTV f./ L•DV Arrowood, Denni, McCarney, Van Dyke and Baroldi None None 1 AV(1Q Schedule No. Beginning Rate A APPENDIX "A" After 6 Months After One Year in Step A in Next Lower Class B C D E 1 297 313 330 347 365 2 313 330 347 365 386 3 330 347 365 386 406 4 347 365 386 406 429 5 365 386 406 429 452 6 386 406 429 452 477 7 406 429 452 477 504 8 429 452 477 504 531 9 452 477 504 531 560 10 477 504 531 560 591 11 504 531 560 591 624 12 531 560 591 624 658 13 560 591 624 658 696 14 591 624 658 696 734 15 624 658 696 734 775 16 658 696 734 775 819 17 696 734 775 819 864 Schedule No. 1 ($297 -$365) Clerk- Typist Schedule No. 2 ($313 - $386) Police Dispatcher Stenographer Schedule No. 4 ($347 - $429) Account Clerk Laborer Schedule No. 5 ($365 - $452) Maintenance Man I Schedule No. 6 ($386 - $477) Maintenance Man II Schedule No. 7 ($406 - $504) Draftsman Secretary Schedule No. 8 ($429 - $531) Police Officer Light Equipment Operator SALARIES ESTABLISHED BY CITY COUNCIL: City Manager City Attorney City Clerk Reserve Police Officers Schedule No. 9 ($452 - $560) Building Inspector Heavy Equipment Operator Schedule No. 11 ($504 - $624) Accountant /Purchasing Deputy City Clerk Public Works Inspector Public Works Supervisor Schedule No. 12 ($531 - $658) Field Engineer Police Sergeant Schedule No. 13 ($560 - $696) Chief Building Inspector Schedule No. 15 ($624 - $775) Planning Assistant /Secretary Schedule No. 17 ($696 - $864) Director of Public Works City Engineer Chief of Police Administrative Assistant GO