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SECTION 1: All conflicting Resolutions of the City are hereby repealed.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