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Resolution No. 291129] RESOLUTION NO. 2911 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, 11 and 16, CONCERNING CONTINUED EMPLOYMENT, PROMOTION, TEMPORARY ASSIGNMENTS; PAY ADMINISTRATION, OVERTIME, TRAINING TIME; PRE -DISCIPLINARY PROCEDURAL DUE PROCESS; AND EMPLOYEE PERFORMANCE FOR EMPLOYEES OF THE CITY OF CYPRESS AND THE 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, 11 and 16 are hereby amended to read as follows: CHAPTER 4. APPLICATIONS, APPLICANTS AND EMPLOYMENT. Section 4.13 Continued Employment (Change First Paragraph to Read as Follows:) Continued employment of non-exempt and permanent employees with the City of Cypress shall be subject to satisfactory work performance, necessity for the performance of work and the availability of funds. Section 4.17 Promotion (Change First Paragraph to Read as Follows:) 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. To be eligible to compete in a promotional examina- tion, an employee must have City experience in a lower classification in the same occupational field performing work that is sufficiently preparatory for the work of the promotional classification. The City Manager shall determine the appropriate positions from which employees may be drawn to compete in a promotional examination. Section 4.20 Temporary Assignment and Appointment (Reword as Follows:) In special circumstances, when in the best interest of the City, the City Manager may approve a temporary assignment of a probationary or permanent employee to a higher level classification. In such temporary assignments lasting thirty (30) consecutive calendar days or more, the employee shall be entitled to be compensated at a step of the salary range that is closest to providing a 5% salary increase. Such assignment shall not exceed one (1) year. However, where the temporary assignment is a replacement of an employee on vacation leave or leave of absence, no compensation increase for the temporary assignment shall be provided. CHAPTER 5. COMPENSATION AND HOURS. Section 5.03 Pay Administration (Add Subsection B-3 as Fallows:) B. Anniversary dates shall be established as follows: 3. Anniversary dates shall change upon promotion or reclassification. Anniversary dates shall not change following demotion or transfers. Section 5.14 Overtime (Add the Following to the Second Paragraph:) The City Manager may designate the work schedule of a non -safety position as flexible whenever the position is vacant or the incumbent mutually agrees to a flexible work schedule designation. A position whose work schedule has been designated as flexible may be exempt from overtime compensation if, in the opinion of the department head, the work hours of the position can be adjusted to equal forty (40) hours per week. 292 Section 5.16 Overtime Not Applicable (Change the First Sentence to Read as Follows, and Delete the Last Two Sentences of the Section:) Overtime compensation provisions shall not apply to Council appointed officers or officers whose appointment is subject to Council confirmation, department heads and other such classifications designated as Management. Section 5.23 Training Time (Reword the Last Sentence to Read as Follows:) Reimbursement for lodging shall apply to training courses which require over- night lodging. CHAPTER 11. DISCIPLINARY ACTIONS. Section 11.02 Fre-disciplinary Procedural Due Process (Change the Word "Pre -removal" in the First Paragraph to the Word "Pre -disciplinary.") CHAPTER 16. EMPLOYEE CONDUCT. Section 16.03 Employee Performance (Add Subsection "R" as Follows:) R. Intoxication or consumption of alcohol on the job. These amendments shall become effective December 31, 1984. 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 22nd day of April 1985. ATTEST: CITY COF CYPRESS STATE OF CALIFORNIA) SS COUNTY OR ORANGE ) OR OF THE CITY OF CYPRESS 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 22nd day of April 1985; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK 0 THE CY OF CYPRESS