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Resolution No. 151RESOLUTION NO. 151 A RESOLUTION OF THE CITY COUNCIL 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 to 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CYPRESS AS FOLLOWS: SECTION 1: All conflicting Resolutions of the City are hereby repealed. SECTION 2: METHOD CF PAYMENT: All wages and salaries due officers and employees o:f the City of Cypess scall be warrants drawn on City Funds. SECTION 3: PAY PERIODS: All officers and employees of the City of Cypress shall be paid on a semi-monthly basis. In the event a payday falls on a holiday, all warrants or checks in payment and compensation shall be made available to the City employees on the fii:st work day preceding the holiday. SECTION 4: COMPENSATION FOR LESS THAN A FULL PAY PERIOD: Any person holding a position the compensation for w'.iich is fixed by the month, who works less than a fall pay period, except when on earned vacation, holiday, or paid sick leave, shall be computed at the regular hourly equivalent of their monthly rate. SECTION 5: DORKING HOURS WORK WEEK AND OVER -TIME: Eight (8) hours, exclusive of lunch periods, shall constitute a day's work for all employees. The official work week of the City of Cypress shall be five (5) working days of eight (8) hours each. Whenever any pe: son employed in a position, the compensation of which is fixed at a daily or hourly )_ate, shall be required to work overtime, such person shall receive compensation for such overtime proportionate to the Gaily or hou,ly rate at which he is employed. Any employee occupying a position at a monthly salary who is required to work on a holiday shall be entitled to equivalent time off. SECTION 6: MILEAGE ALLOWANCE: 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 com- pensation for the use of such automobile at the rate of ten (10) cents per mile. 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 lceve, such days shall nct be charged as vacation leave and the vacation leave shall be extended accozdi.ngly for thoce employees eligible for such holidays. -1- 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. Vacatior 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: SICK LEAVE: Sick leave with pay shall be granted each full time employee at the rate of one work day for 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 charged to sick leave in the event of serious illness or death to members of the immediate family of a full time employee which absence shall not exceed three (3) working days in any one year. Upon return from an absence of one (1) or more days, the employee shall file with the Department Head 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 9: ON THE JOB INJURY: Whenever any person is compelled to be absent from his 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 Con,per:J3tion 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 (3O; work days for employees who have worked for the City an accurAulative 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 roceive compenuation therefore in an amount equal to the difference between tha compensation received by him under the Workmen's Compensation Act and his regular City pay, not to exceed the amcu'.it of his earned sick leav . An employee in such instance, may also elect to use any e..tned vacation time and equivalent time off for overtime in like manner after his sick leave is e:.hausted. -2- An employee shall not be entitled to any of the privileges contained in Section 8 and Section 9, if he is injured while working for or performing services for an employer other than the City of Cypress. SECTION 10: ATTENDANCE: 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 on the part of an employee absent without leave for more than eight (8) work hours, shall be cause for discharge. SECTION 11: HOLIDAYS: The following holidays shall be recognized as legal holidays: New Year's Day Washington's Birthday Lincoln's Birthday Memorial Day Independence Day Labor Day Armistice Day Day before Christmas Christmas Day Thanksgiving Day When a holiday falls on Saturday or Sunday, the following Monday shall be observed. SECTION 12: DISCHARGE: Employees shall be discharged without notice 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. SECTION 13: LEAVE OF ABSENCE: Leave of absence without pay may be granted by the appointing authority for a period not to exceed ten work days. Leave of absence without pay in excess of ten (10) work days shall not be granted without the express consent of the City Council. SECTION 14: GROUP INSURANCE: Effective February 1, 1961 all full time employees are eligible for group hospitalization insurance, the City to pay the entire cost of employee and dependents and the employee to pay the sum of One Dollar ($1.00) per month towards the cost. There is no probationary period for full time employees. Each employee shall pay for the life insurance coverage in full. SECTION 15: Nothing contained in this Resolution shall be construed as granting to 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 of Cypress at any time. This Resolution may be changed or modified at any time by the City Council of the City of Cypress. ADOPTED, SIGNED AUD APPROVED this ATTEST: CITY CLERK 20th day of February , 1961. I hereby certify that the foregoing Resolution was duly and regularly passed by the City Council of the City of Cypress at a regular meeting thereof held this 20th day of February , 1961. -3- v,_ CITY CLERK c) a