Loading...
Resolution No. 703RESOLUTION NO. 703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING RULES AND REGULATIONS PRESCRIBING METHODS OF EMPLOYMENT, FUNCTION OF THE CITY COUNCIL, ATTENDANCE AND LEAVES, TRANSFER AND PROMOTION OF EMPLOYEES, AND OTHER REGULATIONS FOR THE EMPLOYEES AND OFFICERS OF THE CITY OF CYPRESS WHEREAS, the City Council is authorized and directed under the provisions of Ordinance No. 177 to adopt rules and regulations for the administration of the personnel system created in said Ordinance, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress does hereby adopt the following rules: RULE I. PURPOSE AND DEFINITIONS RULE IA PURPOSE The objectives of these rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal government. These rules set forth in detail those procedures which insure similar treatment for those who compete for originalenployment and promotion, and define the obligations, rights, privileges, benefits and prohibitions which are placed upon all employees in the Competitive Service of the City. At the same time, within the limits of administrative feasibility, recog- nition shall be given to the fact that individuals differ, that no two indivi- duals react alike to reward and discipline or to uniform motivation and encour- agement. For this reason, considerable latitude shall be given to the Personnel Officer in the execution of his duties and responsibilities relating to employee morale and discipline. RULE IB DEFINITION OF TERMS The following terms, whenever used in these rules, shall be construed as follows: Section 1. "Advancement": A salary increase of one or more steps within the limits of the pay range established for a class. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. "Allocation": The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised. "Appointing power": The officers of the City who, in their individual capacities, or as a board, commission, or City Council, have the final authority to make the appointment to the position to be filled. "Class": All positions sufficiently similar in duties, authority, responsibility, and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion, and salary. "Competitive service": The positions and employments which are included or which may hereafter be included under the personnel system by ordinance. "Demotion": The movement of an employee from one class to another class having a lower maximum rate of pay. "Department Head": The officers of the City who have the authority to make recommendations to the appointing power regarding the appointment of the position to be filled. RESOLUTION NO. 703 101 102 Section 8. "Eligible": A person whose name is on an employment list. Section 9. "Employment list": A list of names of persons who have taken an examination for a class in the competitive service and passed, and are ranked on the list in the order of the score received. Section 10. "Examination": Section 11. (a) Assembled examination: An examination conducted at a specified time and place at which applicants are required to appear for competitive examination under the supervision of an examiner. (b) Unassembled examination: An examination consisting of an appraisal of training, experience, work history, or any other means of evaluating other relative qualifications of applicants without the necessity for their personal appearance at a specified place. "Permanent employee": An employee who has successfully completed his probationary period and has been retained as hereafter provided in these rules. Section 12. "Personnel Ordinance": Ordinance No. 177 which creates a personnel system for the City. Section 13. "Probationary period": A working test period during which an employee is required to demonstrate his fitness for the duties to which he is appointed by actual performance of the duties of the position. Section 14. "Promotion": The movement of an employee from one position to another which is allocated to a class with a higher max- imum rate of pay. Section 15. "Promotional list": An employment list resulting from a promotional examination. Section 16. "Promotional examination": An examination for a particular class, admission to the examinationteing limited to regular employees in the competitive service. Section 17. "Provisional appointment": An appointment acquired by a person who possesses the minimum qualifications established for a particular class and who has been appointed to a posi- tion in that class in the absence of available eligibles. Section 18. "Reduction": A salary decrease within the limits of the pay range established for a class. Section 19. "Reinstatement": The re-employment without examination of a former permanent employee within two years following his resignation from the City Service. Such action must have the approval of the department head and the Personnel Officer. Section 20. "Suspension": The temporary separation from the service of an employee without pay, for disciplinary purposes. Section 21. "Temporary appointment": An appointment of a person to a position of limited duration. Section 22. "Transfer": A change of an employee from one position to another position in the same class or another class having essentially the same maximum salary limits, involving the performance of similar duties and requiring substantially the same basic qualifications. RULE II. GENERAL PROVISIONS Sec. 1. Fair Employment: No question in any test, in any application form, orly any appointing power shall be so framed as to attempt to elicit information concerning race, color, ancestry, national origin, political or religious opinions or affiliations of an applicant. No appointment to, or removal from, a position in the competitive service shall be affected or influenced in any manner by an consideration of race, color, ancestry, natural origin, political or religious opinion or affiliation. RESOLUTION NO. 703 103 SEC. 2. Violation of rules: Violation of the provisions of these rules shall be grounds for dismissal, rejection or suspension. SEC. 3. Amendment and revision of rules: Recommendations for amendment and revisions of these rules may be made by the Personnel Officer. Prior to consideration, any amendment or revision shall be publicly posted at such places as the City Council shall prescribe, for at least five consecutive days together with notice of the time, place and date of hearings by the City Council. At the time of consideration, any interested person may appear and be heard. Amendments and revisions shall become effective upon adoption by the City Council following such hearings. RULE III. CITY COUNCIL'S ACTION ON PERSONNEL MATTERS SEC. 1. Meetings: Personnel sessions of the City Council shall be held at the regularly called City Council meetings. Any meeting may be adjourned to a time certain and to a place designated by the Mayor. In addition, the City Council may hold special meetings upon the call of the Mayor or a majority of the members of the Council. A majority of the members of the Council shall constitute a quorum for the transaction of business. Meetings shall be conducted in accordance with such rules and procedures as may be adopted by the City Council. SEC. 2. Public hearings: Hearings conducted by the City Council shall be public, and subject to the "Brown Act", Government Code Section 54950 et seq., and shall be conducted in private if they pertain to the appointment, employment, or dismissal of a City employee or pertain to the hearing of a complaint or charge brought against an officer or employee of the City, unless such officer or employee requests a public hearing. Said body also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. The hearing need not be conductedaccording to technical rules relating to evidence and witnesses. RULE IV. CLASSIFICATION SEC. 1. Preparation of plan: The Personnel Officer, or a person or agency employed for that pupose, shall ascertain and record the duties and responsibilitiescf all positions in the competitive service, and, after consul- tation with the appointing power and heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the competitive service defined by class specifications, including title, a description of typical duties and responsibilities of positions in each calss, a statement of the training, experience and other qualifications to be required of applicants for positions in each class. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibili- ties, authority, and characterdd work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class. SEC. 2. Adoption of plan: Before the classification plan or any part thereof shall become effective, it shall first be approved in whole or in part by the City Council. Upon adoption by the Council by resolution, the provi- sions of the classification plan shall be observed in the handling of all personnel actions and activities. The classification plan shall be amended or revised as occasion requires in the same manner as originally established. SEC. 3. Allocation of positions: Following the adoption of the classifi- cation plan, the Personnel Officer shall allocate every position in the competi- tive service to one of the classes established by the plan. SEC. 4. New positions: When a new position is created, before the same may be filled, the appointing power shall notify the Personnel Officer, and, except as otherwise provided by ordinance or these rules, no person shall be appointed or employed to fill any such position urlil the classification plan shall have been amended to provide therefor and an appropriate employment list has been established for such position. SEC. 5. Reclassification: Positions, the duties of materially so as to necessitate reclassification, shall be Personnel Officer to a more appropriate class, whether new in the same manner as originally classified and allocated. shall not be used for the purpose of avoiding restrictions or promotions. which have changed allocated by the or already created, Reclassifications surrounding demotions RESOLUTION NO. 703 104 SEC. 6. Amending the Classification Plan: The City Council may create new classes, and revise or abolish existing classes. RULE V. COMPENSATION SEC. 1 Preparation of plan: The Personnel Officer or the person or agency employed for that purpose shall prepare a pay plan covering all classes of positions in the competitive service, showing a minimum and maximum rates of pay. In arriving at such salary ranges, consideration shall be given to prevailing rates of pay for comparable work in other public and in private employment, including consideration of conditions of work as well as basic pay; to current costs of living; to suggestions of department heads; and to the City's financial condition and policies. The Personnel Officer or the person or agency employed for that purpose shall thereafter make such further studies of the compensation plan as may be requested by the City Council. SEC. 2 Adoption of plan: The Personnel Officer shall submit the proposed pay plan to the City Council. The Council shall adopt or amend and adopt the proposed plan. Thereafter, no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position unless the salary schedule for the class is amended in the same manner as herein provided for its adoption. RULE VI. APPLICATIONS AND APPLICANTS SEC. 1 Announcement: All examinations for classes in the competitive service shall bepublished by posting announcements in the City Hall, on official bulletin boards, and in such other places as the Personnel Officer deems advisable, including at least one newspaper of general circulation in the City. The announcements shall specify the title and pay range of the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the performance of the work of the class; the dates, time, place and manner of making applications; and other pertinent information. SEC. 2 Application forms: Applications shall be made on forms provided by the Personnel Officer. Such forms shall require information covering training, experience, and other pertinent information, and may include certificates of one or more examining physicians, a photograph, references and fingerprinting. All applications must be signed by the person applying. SEC. 3 Disqualification: The Personnel Officer shall reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications also shall be rejected if the applicant is not a citizen of the United States, is physically unfit for the performance of duties of the position to which he seeks appointment, is addicted to the habitual excessive use of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has made any false statement of any material fact, or practiced, or attempted to practice, any deception or fraud in his application. Whenever an application is rejected, notice of such rejection with statement or reason shall be mailed to the applicant by the Personnel Officer. Defective applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired. RULE VII. EXAMINATIONS SEC. 1 Nature and types of examinations: The selection techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of such recognized personnel selection techniques as achievement tests, aptitude tests, evaluation of personality and background through personal interviews, performance tests, evaluation of daily work performance, work samples, or phusical agility tests or any combination of them. RESOLUTION NO. 703 1013 SEC. 2 Promotional examinations: Promotional examinations may he con- ducted whenever, in the opinion of the Personnel Officer, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section 1 of this rule, or any combination of them. Only permanent employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations. SEC. 3 Conduct of examinations: The Personnel Officer shall recommend to the City Council the manner and methods and by whom examinations shall be prepared and administered. The City Council, upon recommendation of the Personnel Officer, may contract with any competent agency or individual for the performance by such agency or individual of the responsibility for preparing and administering examinations. In the absence of such a contract, the Person- nel Officer shall perform such duties. The Personnel Officer shall arrange for the use of public buildings and equipment for the conduct of examinations and shall render such assistance as shall be required with respect thereto. SEC. 4 Scoring examinations and qualifying scores: A candidate's score in a given examination shall be the average of his scores on each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination may be grounds for declaring such applicants as failing in the entire examination or as disqualified for subse- quent parts of an examination. The Personnel Officer may, at his discretion, include as a part of the examination, tests which are qualifying only. SEC. 5. Notification of examination results and review of papers: Each candidate in an examination shall be given written notice of the results thereof and if successful, of his final earned score and rank on the employment list. Any candidate shall have the right to inspect his own examination papers within thirty days after the notices of examination results were mailed. Any error in computation, if called to the attention of the Personnel Officer within this period, shall be corrected. Such corrections shall not, however, invalidate appointments previously made. RULE VIII. EMPLOYMENT LISTS SEC. 1 Employment Lists: As sson as possible after the completion of an examination, the Personnel Officer shall prepare and keep available an employment list, consisting of the names of candidates who qualified in the examination, arranged in order of final scores, fron the highest to the lowest qualifying score. The employment list shall then be submitted to the City Council. SEC. 2 Duration of employment lists: Employment lists shall become effective upon the approval thereof by the City Council, and upon its certifica- tion that the list was legally prepared and represents the relative ratings of the persons whose names appear on it. Employment lists shall remain in effect for one year, unless sooner exhausted, and may be extended, prior to their expira- tion dates, by action of the City Council for additional six month periods, but in no event shall any employment list remain in effect for more than two years. SEC. 3. Re-employment lists: The names of probationary and permanent employees who have been laid off shall be placed on appropriate re-employment lis6 in the order of their competencey, from highest to lowest. Such names shall remain thereon for a period of two years unless such persons are sooner re-employed. When a re-employment list is to be used to fill vacancies, the City Council shall certify from the top of such list the number of names equal to the number of vacancies to be filled, and the appointing power shall appoint such persons to fill the vacancies. SEC. 4 Removal of names from lists: The name of any person appearing on an employment, re-employment or promotional list shall he removed by the Personnel Officer if the eligible requests in writing that his hame be removed, if he fails to respond to a notice of certification mailed to his last known address, or if he has been certified for appointment three times and has not been appointed. The person affected shall be notified of the removal of his name by a notice mailed to his last known address. The names of persons on promotional employment lists who resign from the service shall automatically le dropped from such lists. RESOLUTION NO. 703 106 RULE IX. METHOD OF FILLING VACANCIES SEC. 1. Types of appointment: All vacancies in the competitive service shall be filled by re-employment, reinstatement, transfer, demotion, or from eligibles certified by the City Council from an appropriate employ- ment or promotionallist, if available. In the absence of persons eligible for appointment in these ways, provisional appointmentsmay be permitted in accordance with the personnel ordinance and these rules. SEC. 2. Notice to Personnel Officer: Whenever a vacancy in the com- petitive service is to he filled, the department head shall notify the Personnel Officer. After approval has been secured from the Appointing Power, the Personnel Officer shall advise the department head as to the mailability of employees for re-employment, reinstatement, requests for transfers, or demotion and of eligibles on employment or promotional lists for the class. SEC. 3. Certification of eligibles: The department head shall indicate whether it is desired to fill the vacancy by reinstatement, transfer, or demotion, or whether certification from a promotional or employment list is preferred. If appointment is to be made from an employment or promotional list, the names of all persons willing to accept appointment shall be certified. SEC. 4. Order of certification: Whenever certification is to be made, the employment lists, if each exists, shall be used in the following order: re-employment list, promotional list, open -competitive list. Whe- ever there are fewer than three names on a promotional list or an open - competitive list, the department head may make an appointment from among such eligibles or may request the Personnel Officer to establish a new list. When so requested the Personnel Officer shall hold a new examina- tion and establish a new employment list. If a new list is established, all persons on the old list shall be required to take any examinations to be eligible for placement on the new list. SEC. 5 Appointment: After interview and investigation, the department head with the approval of the Appointing Power shall make appointments from among those certified, and shall immediately notify the Personnel Officer of the person or persons appointed. The Personnel Officer shall thereupon notify the person appointed, and if the applicant accepts the appointment and presents himself for duty within such period of time as the appointing power shall prescribe, he shall be deemed to be appointed; otherwise, he shall be deemed to have declined the appointment. SEC. 6. Provisional appointments: In the absence of an appropriate appointment list, a provisional appointment may he made by a department head upon approval of the Appointing Power of a person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by provisional appointment. The initial period of appointment for provisional employees shall not exceed ninety days. Upon a recommendation of the department head and approval of the Appointing Power, the employee may be appointed for an additional ninety (90) days. Thereafter, the City Council may, by a four-fifths vote, extend the period for any provisional appointment for not more than thirty days by any one action. No special credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promo- tional lists, for service rendered under a temporary appointment. SEC. 7. Emergency appointments: To meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake, which threatens public life or property, any legally competent officer or employee may employ such persons as may be needed for the duration of the emergency without regard to the personnel ordinance or rules affecting appointments. As soon as possible, such appointments shall be reported to the Personnel Officer. RULE X. PROBATIONARY PERIOD SEC. 1. Regular appointment following probationary period: All original and promotional appointments shall be tentative and subject to a probationary period of not less than six months, except police officer shall be required to serve a one year probationary period. The Personnel Officer shall notify the department head and the probationer concered two weeks prior to the termination of any probationary period. RFSllIITrON NO_ Ifll 107 If the service of the probationary employee has been satisfactory to the department head, then the department head shall file kith the Personnel Officer a statement in writing to such effect, stating that the retention of such employee in the service is desired. Such statement shall also be approved by the Appointing Power if the employee is to be retained. If such a statement is not filed, the employee will be deemed to be unsatisfactory and his employment terminated at the expiration of the probationary period. SEC. 2. Objective of probationary period: The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position, and for rejecting any probationary employee whose performance does not meet the required standards of work. SEC. 3. Rejection of probationer: During the probationary period, an employee may be rejected at any time by the department head upon approval of the Appointing Power without cause and without the right of appeal. Notification of rejection in writing shall be served on the probationer and a copy filed with the Personnel Officer. SEC. 4. Rejection following promotion: Any employee rejected during the probationary period following a promuional appointment, or at the conclusion of the probationary period by reason of failure of the department head to file a statement that his services have been satisfactory, shall be reinstated to the position from which he was promoted unless charges are filed and he is discharged in the manner provided in the personnel ordinance and these rules for positions in the competitive service. RULE XI. ATTENDANCE AND LEAVES SEC. 1. Anniversary date: For the purpose of computing his entitlement to leaves of absence, an employee's continual service shall be based on his anniversary date, which shall be computed as follows: for those persons employed after the first day of the month and not later than the fifteenth day of the month, it shall be the first day of the month. For those persons employ- ed on the sixteenth day of the month to the last day of the month inclusive, the anniversary date shall be computed from the first day of the month following the date of appointment. Such date shall be the employee's anniversary date for vacation and sick leave purposes, subject to the conditions contained herein. SEC. 2. Purpose of the vacation: The purpose of annual vacation leave is to enable each eligible employee annually to return to his worl mentally refreshed. SEC. 3. Employees eligible for vacation: All employees in the competitive service shall be entitled to annual vacation leave with pay except the follow- ing: (a) Employees stills=rving their original probationary period in the service of the City. However, vacation credits for the time may be granted to each such employee who later receives a permanent appointment. (b) Employees who work on an intermittent or seasonal basis, and all employees who work less than half-time. SEC. 4. Part-time employees: An employee having a probationary or regular appointment that is less than full time but is half time or more, shall earn vacation on a pro -rated basis. SEC. 5. Method of computation: Regular leave with pay is granted to each regular and probationary employee except police at the rate of 5/6 of a calen- dar day per month for the first five years of employment. After the end of the fifth year of employment, the rate of all employees will be computed at the rate of 1 1/4 day per month. The employee shall take his vacation within one year from his anniversary date. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his credit during the year. Provided, however, that no employee shall be entitled to any regular vacation until he has completed twelve months of continuous service. RESOLUTION NO. 703 108 SEC. 6. Police personnel: Each member of the Police Department is hereby granted fifteen calendar days of regular vacation with pay for the first five years of service with the City under the provisions of the Government Code, Section 38634. At the end of the fifth year the rate shall be computed as specified in Section 5. Said vacations shall be sub- ject to all terms of these rules and regulations. SEC. 7. Vacation leave - when taken: Any vacation time accrued from one anniversary date to the next anniversary date shall not be used during that period but shall be used during the following year. Full vacation leave shall be taken at one time; however, upon recommendation of the department head, the City Managermay, under appropriate circumstances, allow a modification of the requirement. SEC. 8. Accumulation of vacation leave: The time of an employee's vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. If the requirements of the service are such that an employee must defer a part of his annual vacation in a particular calendar year, the appointing power may, with the approval of the City Manager, permit the employee to take such deferred vacation during the following year. However, the depart- ment may not require the employee to carry over more than 1 of his annual vacation. A written report of such deferred vacation, signed by the proper department head and the City Manager, noting the details, shall be kept on file with the Personnel Officer. All vacation leave exceeding the authorized accumulation shall be forfeited at the beginning of each employee's anniver- sary date. SEC. 9 Holidays during vacations: In the event one or more municipal holidays fall within an annual vacation, such holidays shall not be charged as vacation leave and the vacation leave shall be extended accordingly. SEC. 10. No vacation earned on leave of absence: Any leave of absence without pay shall not accrue vacation leave for each thirty -day period of such leave. SEC. 11. Terminal vacation pay: Employees who terminate employment after a six month period shall be paid in a lump sum for all accrued vaca- tion leave earned prior to the effective date of termination. No payment shall be made for vacation accumulated contrary to the provision of these rules. SEC. 12. Sick leave: Sick leave with pay shall be granted by the appointing power at the rate of one work day for each calendar month of service. Sick leave shall not be considered as a privilege which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disability. Unused sick leave shall be accumulated at the rate of twelve days per year to a total of not more than 90 work days. In order toieceive compensation while absent on sick leave, the employee shall notify his immediate superior or the Personnel Officer prior to, or within four hours after the time set for beginning his daily duties, or as may be specified by the head of his department. When absence is for more than one work &y, the employee shall file a physician's cerifi- cate or a personal affidavit with the Personnel Officer, stating the cause of the absence. SEC. 13. Sick leave during vacation: An employee who becomes 111 while on vacation may have such period of illness charged to his accumulated sick leave instead of to vacation provided: (a) Immediately upon return to duty, the employee submits to his department head a written request for sick leave and a written statement signed by his physician describing the nature and dates of the illness. (b) The department head recommends and the City Manager approves the granting of such sick leave. SEC. 14. No payment for sick leave at termination: No payment shall be granted to any employee for accrued sick leave at the time of his ter- mination. Termination of an employee's continuous service, except by reason RESOLUTION NO. 703 10 of lay-off for lack of work or funds, shall abrogate all sick leave accrued at the time of such termination regardless of whether the employee subse- quently re-enters the City service. SEC. 15. Accrual of sick leave during leave of absence: Sick leave will be accrued for only the first fifteen days of a leave ofebsence without pay. SEC. 16. Extended sick leave: On written request of the employee and recommendation by the department head, the City Manager may authorize in writing a leave of absence without pay for the purpose of recovering from an illness, provided: (a) The employee has used all his accumulated sick leave. (b) The employee has been continuously employed in the City service for at least one year. (c) Theenployee presents to his department head for referral to and consideration by the City Manager, a written explanation of the employee's illness and an estimate of the time needed for recovery signed by the employee's physician. (d) Prior to resuming his duties, the employee may be required to take a medical examination at his expense and as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager in determining the employee's fitness to return to work. (e) The maximum period of such leave shall be three calendar months. If the employee desires an extension, he shall follow, prior to the termination of the intid leave, the procedure described in sub- paragraph (c) above. SEC. 17. On the job injury: Whenever any person is compelled to be absent from Hs employment 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 pro -rated accrued sick leave, if any, to such absence and to receive compensation 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. SEC. 18. On the job injury - Police and Fire personnel: Police and fire personnel covered by Section 4850 of the California Labor Code shall receive industrial accident leave according to the provisions of Section 4850 of the California Labor Code but not in excess of one (1) year. SEC. 19. Military leave: Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give the department head an opportunity within the limits of military regulations to determine when such leave shall be taken. RESOLUTION NO. 703 110 SEC. 20. Leave of absence: Leave of absence without pay may be granted by the department head with approval of the City Managerfor a period not to exceed ten (10) work days. The City Council may grant a permanent employee leave of absence with or without pay for a period not to exceed one (1) year. No such leave shall be granted except upon written request of the employee. Approval shall be in writing and a copy shall be filed with the Personnel Officer. Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the posi- tion held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. SEC. 2. Bereavement leave: Whenever an employee who is eligible to receive sick leave is compelled to be absent from duty by reason of the death or critical illness where death appears imminent of Father, Mother, Brother, Sister, Wife, Husband, Child, grandmother and grandfather, mother=in-law, and father-in-law, such employee shall, upon approval of his Department Head, be entitled to charge such absence to his accumulated sick leave to a maximum of three (3) working days in a calendar year. SEC. 22. Hours of work: All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays, and holidays continuously from 8:00 a.m. until 5:00 p.m. on week days. Employees shall be required to work a minimum of forty (40) hours on week days. Employees for whom necessity requires a different schedule than that generally applied, shall work according to regulations prepared by the respective supervising official and approved ty the City Council. SEC. 23. Attendance: 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 employees which shall be reported to the Personnel Officer in the form and on the dates he shall specify. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be cause for immediate discharge, and such employee automatically waives all rights under the personnel ordinance and rules. SEC. 24. Holidays: Municipal offices shall be closed on the following legal holidays: New Year's Day; Lincoln's Birthday; Washington's Birthday; Memorial Day; Independence Day; Labor Day; Admission Day; Armistice Day; Day before Christmas; Christmas; Good Friday from twelve o'clock noon until the hour of three post meridian; Thanksgiving Day, and every day an election is held throughout the State. When a holiday falls on Saturday, the preceding Firday shall be observed, and when a holiday falls on a Sunday, the following Monday shall be observed. RULE XII. PAY ADJUSTMENTS SEC. 1. Applications of rates: Employees occupying a position in the competitive service shall be paid a salary or wage within the range established for that position's class under the pay plan as provided in Rule V. The appointment. However, the department head may, with the approval of the City Manager when circumstances warrant it, appoint at other than the first step. Officers and employees re-employed after lay-off shall receive a rate within the range established for the class and agreed upon by the appointing power and the employee concerned. Transfers shall not affect an employee's salary rate. SEC. 2. Advancement: No salary advancement shall be made so as to exceed the maximum rate established in the pay plan for the class to which the advanced employee's position is allocated. Advancements shall not be automatic but shall depend upon increased service value of an employee to the City as exemplified by recommendations of his supervising official, length of service, performance record, special training undertaken, or other pertinent evidence. RULE XIII. TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATMENT SEC. 1. Transfer: After notice to the Personnel Officer, an employee may be transferred by the appointing power at any time from one position to another position in the same or comparable class. If the transfer involves RESOLITTTON N0.7O1 111 a change from the jurisdiction of one supervising official to another, both must consent thereto unless the City Council orders the transfer for purposes of economy or efficiency. Transfer shall not be used to effectuate a promo- tion, demotion, advancement, or reduction, each of which may be accomplished only as provided fi the personnel ordinance and in these rules. No person shall be transferred to a position for which he does not possess the minimum qualifications. SEC. 2. Promotion: Insofar as practicable and consistent with the best interests of the service, all vacancies in the competitive service shall be filled by promotion from within the competitive service, after a promotional examination has been given and a promotional list established. If, in the opinion of the department head, a vacancy in the position could be filled better by an open, competitive exmaination instead of a closed, promotional examination, then the department head may request the appointing power to instruct the Personnel Officer to call for applications for the vacancy and arrange for an open, competitive examination and for the preparation and certification of an eligible list. SEC. 3. Demotion: The department head upon approval of the appointing power may demote an employee whose ability to perform his required duties falls below standard, or for disciplinary purposes. Upon request of the employee, and with consent of the prospective supervising official, demotion may be made to a vacant position as a substitution for lay-off. No employee shall be demoted to a position for which he does not possess the minimum qualifications. Written notice of the demotion shall be given the employee before or within three days after the effective date of the demotion, and a copy filed with the Personnel Officer. SEC 4 Suspension: The appointing power may suspend an employee from his position at any time for the good of the service, for a disciplinary purpose, or for other just cause. Suspension without pay made by the appointing power shall not exceed thirty consecutive days nor be more than thirty days in any fiscal year. Department heads may suspend subordinate employees for not more than three working days at any one time for disciplinary purposes only. An employee may be required to work normal days off in lieu of suspension from normal work days. No employee shall be suspended by a department had for more than three days during a thirty day period. Suspension shall be reported immediately to the Personnel Officer by the appointing power or department head. SEC. 5. Reinstatement: With the approval of the appointing power, an employee who has resigned with a good record may be reinstated within two years to his former position, if vacant, or to a vacant position in the same or comparable class. RULE XIV. SEPARATION FROM THE SERVICE SEC. 1. Discharge: An employee 1n fie competitive service may be dis- charged at any time by the appointing power. Whenever it is the intention of the appointing power to discharge an employee in the competitive service, the Personnel Officer shall be notified. Any employee who has been discharged shal be entitled to receive a written statement of the reasons for such actions and to a hearing if he so requests, as provided in the personnel ordinance and these rules. SEC. 2. Lay -Off: The appointing power may lay off an employee in the competitive service because of material change in duties or organization or shortage of work or funds. Ten working days before the effective date of a lay-off, the appointing power shall notify the Personnel Officer of the intended action with reasons therefor, and a statement certifying whether or not the services of the employee have been satisfactory. A copy of such notice shall be given the employee affected. If certified as having given satisfactory service, the name of the empbyee laid off shall be placed on the appropriate employment list as provided by these rules. If not certified as having given satisfactory service, the employee laid off may interpret the action as a discharge and request a hearing as provided by the personnel ordinance and these rules. SEC. 3. Resignation: An employee wishing to leave the competitive service in good standing shall file with the supervising official at least two weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Personnel Officer with a statement by the appointing power or department head 112 as to the resigned employee's service performance and other pertinent information concerning the cause br resignation. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give notice shall be reported to the Personnel Officer by the department head immediately. RULE XV. APPEALS AND HEARINGS SEC. 1. Complaints: Any employee in the competitive service shall have the right to appeal to the City Council relative to any disciplinary action, dismissal, demotion, or alleged violation of the personnel ordinance or rules, except in instances where the right of appeal is prohibited by the personnel ordinance or these rules. The employee may file a complaint in writing with the Personnel Officer. It shall be the duty of the Personnel Officer to inform each of the City Council members and the appointing power or other person complained against of the filing of the complaint. SEC. 2. Time of hearings: Upon the making of a complaint, the City Council shall authorize a hearing within twenty (20) days after the request for the hearing was made. SEC. 3. Notice to person requesting hearin&: Whenever a hearing or complaint is to be held, the Personnel Officer shall notify the person requesting the hearing and the Appointing Power or other officer from whose action the appeal is being taken, of the date, time and place of the hearing. The hearing shall be open to the public only if requested by the Complaintant. SEC. G. Failure of employee to appear: Unless otherwise incapaci- tated, the person making the complaint shall appear personally at the hearing, and he may be represented by any person or attorney he shall select. Failure of the employee to appear at the hearing or to be represented by counsel shall be deemed a withdrawal of his complaint and the action of the Appointing Power shall be filed. SEC. 5. Appointment of a hearing officer: A. The City Council shall designate a Hearing Officer who will be empowered to conduct the hearing, take all evidence, and prepare a proposed decision in such form that it may be adopted as the decision in the case. A copy of the proposed&cision shall be filed with the City Council. The decision shall be available to the complaintant, Personnel Officer, the Appointing Power or any other ogicer from whose action the appeal was taken. The Council may adopt the proposedchcision in its entirety, amend the decision or reject the decision. The hearing need not be conducted according to technical rules relating to evidence and witnesses. B. If the proposed decision is not adopted as provided in sub- section "A", the Council may decide the case upon the record including the transcript without taking additional evidence. C. If the Council is not satisfied with the proposed decision of the original Hearing Officer, and, after review of the transcript, it is of the opinion that additional information is necessary, another, or the same, Hearing Officer shall be appointed to conduct another hearing. The person requesting the appeal shall be given the opportunity to present additional oral and written arguments before the Hearing Officer. At the conclusion of the hearing, a copy of the proposed ckcision shall be presented to the Council and to those persons specified in sub -section "A" above. The Council then shall render a decision which shall conform to the proposed decision either in its entirety or in part. The hearing need not be conducted according to technical rules relating to evidence and witnesses. D. Upon the conclusion of any investigation or hearing, the City Council shall cause its findings and recommendations to be prepared in written form and shall certify the same. Such finds shall be counter- signed by the Personnel Officer and filed as a permanent record of the City Council. The Personnel Officer shall deliver a certified copy of such findings to any other officer or employee affected by such findings and recommendations, or from whose action the appeal was taken. nrenTlimTnm MA RULE XVI. TRAINING OF EMPLOYEES SEC. 1. Responsibility for training. Responsibility for developing training programs for employees shall be assumed jointly by the City Council, the Personnel Officer and department heads. Such training programs may include lecture courses, demonstrations, assignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties. SEC. 2. Credit for training. Participation in and successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Personnel Officer. RULE XVII. REPORTS AND RECORDS SEC. 1. Roster cards. The Personnel Officer shall maintain a service or roster card for each employee in the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent. SEC. 2. Change -of -status -report: Every appointment, transfer, promotion, demotion, change of salary rate, and any other Wmporary or permanent change in status of employees shall be reported to the Personnel Officer in such manner as may be prescribed by these rules and regulations. SEC. 3. Destruction of records: Roster and payroll records shall be kept permanently, All other records relating to personnel, including corres- pondence, applications, examinations and reports may be destroyed after one year. Any temporary record may be destroyed at any time by the Personnel Board with the consent of the City Council and the City Attorney. RULE XVIII. COOPERATION SEC. 1. Cooperation of municipal officers and employees. Every officer and employee of the City of Cypress shall cooperate with the City Council and the Personnel Officer in order completely to fulfill the objectives and purposes of the personnel ordinance and these rules. All conflicting resolutions of the City of Cypress are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 13th day of June, 1966. ATTEST: �>1 CITY'CLERK 0 'TH CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the said City Council held on the 13th day of June, 1966, by the following vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CITY CLERK ( 2 1( y, F THE CETT OF CYPRESS noOnrermtraa 113