Resolution No. 2371-/
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RESOLUTION NO 2371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO 1635, RULES AND REGULATIONS
CHAPTERS 5, 6, 8, 9, 10, 11, 12, 13, 14 and 16, CONCERN-
ING OVERTIME HOLIDAYS, CALL BACK PAY, COURT TIME, AND
TRAINING TIME REJECTION OF A PROBATIONARY EMPLOYEE,
CESSATION OF ACCRUAL OF VACATION, ON -THE -JOB -INJURY•
AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY, JURY DUTY,
SUSPENSION. GRIEVANCE PROCEEDINGS, CITY RIGHTS, EDUCA-
TIONAL INCENTIVE PAY AND INCOMPATIBLE ACTIVITIES FOR
EMPLOYEES OF THE CITY OF CYPRESS
BE IT RESOLVED by the City Council of the City of Cypress, California that
Chapter 5 Section 5 14 "Overtime Section 5 17 "Holidays," Section 5 18
"Employees Required to Work on Holidays," Section 5 21 'Call Back Pay "
Section 5 22 'Court Time," and Section 5 23 "Training Time," Chapter 6
Section 6 04 "Rejection of a Probationary Employee." Chapter 8 Section 8 04
"Cessation of Accrual of Vacation," and Section 8 08 "Vacation - Miscellaneous,"
Chapter 9 Section 9 10 "On -the -job -injury," Chapter 10 Section 10 01
"Authorized Leave of Absence Without Pay," and Section 10 05 "Jury Duty,
Chapter 11 Section 11 03 'Suspension,' Chapter 12. Section 12 04 "Grievance
Proceedings;" Chapter 13 Section 13 02 "City Rights, Chapter 14 Section
14 05 'Educational Incentive Pay." and Chapter 16 Section 16 01 'Incompatible
Activity of City Employees*" of the Personnel Rules and Regulations are hereby
amended and added to read as follows
CHAPTER 5 COMPENSATION AND HOURS
Section 5 14 Overtime
Change Second paragraph as follows Overtime work for permanent and
probationary employees shall be defined as any hours worked beyond an eight (8)
hour work day or forty (40) hour work week for the individual
Time worked in excess of the normal work week due to changes in days off
or shifts shall not be considered as overtime Shift changes shall not be made
to avoid the payment of overtime
Change Third paragraph as follows Authorized overtime shall be compensated
for at the rate of one and one-half (11/2) times the straight time hourly equivalent
of the monthly salary or by allowing compensatory time off at the rate of one and
one-half (12) hours for each hour of overtime worked Employees shall be permitted
to accumulate a maximum of twenty-four (24) hours of compensatory time and any
hours in excess of twenty-four (24) hours on the books at any one time shall be
paid by the City to the employee Should an employee desire to take compensatory
time off, he shall file a written request with the department head who shall grant
time off unless it interferes with the normal operation of the department
Section 5 17 Holidays
For pay purposes the following holidays are recognized as municipal holidays
for permanent and probationary employees and officials; said employees shall receive
these holidays off with pay New Year's Day, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Admission Day, Veterans' Day, Thanksgiving Day the
Day after Thanksgiving Day, Christmas Eve Day and Christmas Day
All employees shall receive two (2) floating holidays (sixteen (16) hours)per
calendar year Floating holidays may be taken subject to approval of the department
head after consideration of the department workload and other staffing considerations
such as, but not limited to leave schedules of other employees already approved,
sick leave and position vacancies New employees hired prior to June 30 of a given
year shall receive the full two (2) floating holidays New employees hired after
July 1 of a given year shall be eligible for one (1) floating holiday If, because
of administrative requirements an employee is unable to use one or both floating
holidays, the employee may apply for and be granted cash payment for any such
unused floating holiday Payment shall be made no later than the date on which
payment is made for the last payroll period of a calendar year
Section 5 17 Holidays (Continued)
When any holiday, recognized by the City, falls on a Sunday, the following
Monday shall be considered the holiday- when any day recognized by the City as
a holiday falls on a Saturday the preceding Friday shall be considered the
holiday
Religious holidays requested off shall be done so in writing to the depart-
ment head If approved such time shall be charged against accumulated compensa-
tory time off or sick leave
Section 5 18 Employees Required to Work on Holidays
Add following sentence to second paragraph. Said additional pay equal to
and in lieu of time off for said holiday shall be eight (8) hours at the employee's
regular straight time hourly rate of pay
Section 5 21 Call Back Pay
Employees shall be paid for time worked when called back or out to duty for
other than a normal shift or work day assignment and departing from the work
premises as follows Employees called back or out to work as defined herein shall
be paid one and one-half (12) times the employee's regular straight time hourly
rate for each hour worked on callback Callback time shall commence from the time
the employee reports to the department offices or the scene of the incident
Section 5 22 Court Time (New Section)
An employee called back for a subpoenaed court appearance which arises out
of the course of his employment and which is not within two (2) hours of the
commencement or termination of his regular shift shall be compensated for a
minimum of two (2) hour period on all such subpoenaed court appearances at the
rate of one and one-half (11) times the employee's regular hourly rate of pay
Compensation provided for by this Section shall begin when the employee departs
from the department to go directly to Court All employees shall comply with
the "on-call" policies administered by the department Should an employee who is
subpoenaed to Court in the course of his employment be required to be in Court
in excess of the minimum of two (2) hours he shall receive pay at time and one-
half (111) his regular hourly rate of pay with the actual hours the employee is in
Court Lunch periods designated by the Court shall not be included in the computa-
tion of hours worked as overtime hours and shall be deducted from hours worked as
Court time
Section 5 23 Training Time (New Section)
When an employee is sent to a training program at the request of the City the
employee shall receive eight (8) hours of pay for each full day of training and
such eight (8) hours of pay shall be credited towards the computation of overtime
The department shall also pay such reasonable expenses as may be incurred by the
employee in traveling to and from the training course as well as for meals and
lodging The department head may request receipts for meals and lodging as well
as transportation, and for the purchase of any materials required by the training
course Reimbursement for transportation, meals and lodging shall only apply to
training courses which require overnight lodging and which are in excess of ninety
(90) miles from the City's departmental offices
CHAPTER 6 PROBATIONARY PERIOD
Section 6 04 Rejection of a Probationary Employee
During the probationary period, an employee may be suspended, demoted or
rejected at any time by the department head with approval of the City Manager
without the right of appeal, except sworn personnel who shall have the right
of appeal of termination in accordance with the Law Notification of rejection
in writing shall be served on the probationary employee and a copy filed with
the Personnel Officer A termination interview may be conducted with each
rejected probationer
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CHAPTER 8 VACATION LEAVE
Section 8 04 Cessation of Accrual of Vacation
The time at which an employee s vacation is to occur 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 year,
the department head, with the approval of the City Manager, may permit the
employee to take such deferred vacation during the following year
All City employees who have completed five (5) years or more of continuous
service shall be able to elect at their option payment for up to a maximum of
five (5) days (forty (40) hours) of accrued vacation on an annual basis Request
for payment of this election shall be made between June 1 and June 30 of each
year, and payment for this accrued vacation will be made on the earliest possible
payroll check in July These vacation hours will be deducted from the employee's
vacation accumulation account
Section 8 08 Vacation - Miscellaneous
Employees shall not work for the City during their vacation and, thereby,
receive double compensation from the City
CHAPTER 9 SICK LEAVE
Section 9 10 On -the -job -injury
When a permanent employee is disabled by injury or illness arising out of and
in the course of his duties for the City, he shall become entitled regardless of
his period of service with the City, to leave of absence for the period of such
disability, but not exceeding one (1) year or until such earlier date as he is
retired on permanent disability pension During the period of such disability,
the City shall pay only the difference between the employee's salary and any
amounts payable as temporary disability payments Any payments made pursuant to
this Section shall not be charged as sick leave provided however, no sick leave
or vacation benefits shall accrue during the period of such disability
Sworn employees, when disabled by injury or illness arising out of and in
the course of their duties as employees of the City shall be entitled to the bene-
fits and privileges of California Labor Code S4850 as the Section now exists or as
hereinafter amended Any payments made pursuant to this Section shall not be
charged as sick leave, sick leave and vacation benefits shall accrue during the
period of disability pursuant to the provisions of California Labor Code S4850
CHAPTER 10 OTHER LEAVES OF ABSENCE
Section 10 01 Authorized Leave of Absence Without Pay
Fourth paragraph is changed as follows: During any authorized leave of
absence without pay, an employee shall not be eligible to accumulate or receive
fringe benefits except as specifically provided for in these Rules and Regulations
The City shall contribute to an employee's medical health plan, dental insurance
plan disability insurance plan, life insurance plan and retirement plan for the
first thirty (30) days of an employee's authorized leave of absence Thereafter,
the City shall not have any obligation to contribute to an employee's medical
health plan, dental insurance plan disability insurance plan, life insurance
plan and retirement plan
Section 10 05 Jury Duty
Add a third paragraph as follows• An employee shall not receive regular pay
for work and pay for jury service which shall be in excess of eight (8) hours pay
in any one day
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2g4TER 11 DISCIPLINARY ACTION AND EFFECT
Section 11 03 Suspension
Change second paragraph only as follows* During suspension from City service
for disciplinary cause an employee shall forfeit all rights, privileges and salary,
except he shall not forfeit his medical health plan, dental insurance plan retire-
ment plan, disability insurance or life insurance plan Should such suspension be
later modified or revoked the employee shall be entitled to receive payment to
compensate for loss of income and benefits during the period of suspension
CHAPTER 12 APPEAL, GRIEVANCE AND HEARING PROCEDURE
Section 12 04 Grievance Proceeding
A grievance shall be defined as a timely complaint by an employee or group of
employees or an Association concerning the interpretation or application of specific
provisions of these Rules and Regulations governing personnel practices or working
conditions of the City
Working days means calendar days exclusive of Saturdays, Sundays and legal
holidays recognized by the City
The time limits for filing written formal grievance shall be strictly construed,
but may be extended by mutual agreement evidenced, in writing, and signed by a
duly authorized representative of the City and the grieving party Failure of the
grieving party to comply with any of the time limits set forth hereunder shall
constitute waiver and bar further processing of the grievance Failure of the City
to comply with the time limits set forth in this Section shall automatically move
the grievance to the next level in the Grievance Procedure The grieving party may
request the assistance of an Association in presenting a grievance at any level of
review or may represent himself
An employee must first attempt to resolve a grievance on an informal basis by
discussion with his immediate supervisor without undue delay Every effort shall
be made to find an acceptable solution to the grievance by these informal means
at the most immediate level of supervision At no time may the informal process
go beyond the employee's immediate supervisor's supervisor In order that this
informal procedure may be responsive all parties involved shall expedite this
process In no case may more than ten (10) calendar days lapse from the date of
the alleged incident tiving rise to the grievance, or when the grievant knew or
should have reasonably become aware of the facts giving rise to the grievance
and the filing of a written formal grievance with the Personnel Office of the City
with a copy to the department head for whom the employee works Should the grievant
fail to file a written grievance within ten (10) calendar days from the date of the
incident giving rise to the grievance or when the grievant knew or should have
reasonably become aware of the facts giving rise to the grievance, the grievance
shall be barred and waived
A grievance shall be presented in writing to the employee's immediate manage-
ment supervisor, who shall render a decision and comments in writing and return
them to the employee within ten (10) calendar days after receipt of the grievance
If the employee does not agree with the supervisor s decision or if no answer have
been received within ten (10) calendar days the employee may present the grievance
in writing, to the department head Failure of the employee to take further action
within ten (10) calendar days after receipt of the written decision of the super-
visor, or within fifteen (15) calendar days if no decision is rendered shall
constitute a waiver of the grievance
The department head receiving the grievance or a designated representative of
the department head shall discuss the grievance with the employee, and/or the
employee's representative if any The department head shall render a decision and
comments in writing and return them to the employee within ten (10)
after receiving the grievance If the employee does not agree with
reached, of if no answer has been received within ten (10) calendar
employee may present the grievance in writing to the City Manager
employee to take further action within ten (10) calendar days after
department head's written decision, or within fifteen (15) calendar
decision is rendered, shall constitute waiver of the grievance
calendar days
the decision
days the
Failure of the
receipt of the
days if no
Section 12 04 Grievance Proceeding (Continued)
The City Manager, or his designated representative upon receipt of the
grievance, shall discuss the grievance with the employee and/or the employee s
designated representative The City Manager shall render a decision in writing
to the employee within fifteen (15) calendar days after receiving the grievance
If the employee does not agree with the decision of the City Manager further
appeal may be made in accordance with the Personnel Rules and Regulations of the
City of Cypress and in accordance with Law
CHAPTER 13 EMPLOYER AND EMPLOYEE RELATIONS
Section 13 02 City Rights (New Section)
The City reserves, retains and is vested with, solely and exclusively, all
rights of management which have not been expressly abridged by specific provision
or by Law to manage the City as such rights existed prior to the execution of
Memorandums of Understanding The sole and exclusive rights of management as
they are not abridged by Agreements or by Law, shall include, but not be limited
to the following rights:
To manage the City generally and to determine the issues of policy
To determine the existence or non-existence of facts which are the
basis of the management decision
To determine the necessity and organization of any service or activity
conducted by the City and expand or diminish service
To determine the nature manner means and technology and extend of
services to be provided to the public
Methods of financing
Types of equipment or technology to be used
To determine and/or change the facilities methods, technology, means,
and size of the work force by which the City operations are to be
conducted
To determine and change the number of locations, relocations, and types
of operations processes and materials to be used in carrying out all
City functions including, but not limited to, the right to contract for
or sub -contract any work or operation
To assign work to and schedule employees in
as determined by the City, and to establish
assignments
To relieve employees from duties for
plinary reasons
To establish and modify productivity
standards
To discharge
lack of
accordancw with requirements
and change work schedules and
work or similar non -disci -
and performance programs and
suspend demote or otherwise discipline employees for proper
cause in accordance with the provisions and procedures set forth in
departmental disciplinary procedures
To determine job classification and to reclassify employees
To hire, transfer, promote and demote employees for non -disciplinary
reasons in accordance with these Rules and Regulations
To determine policies, procedures and the standards for selection,
training and promotion of employees
To establish employee performance standards including, but not limited
to, quality and quantity standards, and to require compliance therewith
To maintain order and efficiency in its facilities and operations
To establish and promulgate and/or modify rules and regulations to
maintain order and safety in the City which are not in contravention with
Agreements
To take any and all necessary action to carry out the mission of the City
in emergencies
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of Law, whenever the contemplated exercise
of management's rights shall impact on a significant number of employees of a
bargaining unit, the City agrees to meet and confer in good faith with representa-
tives of the Associations regarding the impact of the contemplated exercise of such
rights prior to exercising such rights unless the matter of the exercise of such
rights is provided for in the Agreements
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21:.016iPTER 14 EMPLOYEE TRAINING AND EDUCATION PROGRAMS
Section 14 05 Educational Incentive Pay
Change Second paragraph only as follows: All non -management permanent City
employees obtaining Associate and Bachelor Degrees from accredited colleges or
universities shall be compensated by the following schedule: Associate Degree -
5% Bachelor Degree - 71/2% Employees hired prior to July 1 1979 shall receive
10% over base salary for possession of a Master's Degree received prior to that
date
CHAPTER 16 MISCELLANEOUS
Section 16 01 Incompatible Activity of City Employees
Add one sentence to first paragraph as follows No City officer or employee
shall engage in any political activity of any kind whatsoever during working
hours or while on City property
These amendments to become effective January 5, 1981
PASSED AND ADOPTED by the City Council of the City of Cypress at its
regular meeting held on the 23rd day of March 1981.
C -61e(4 -1!_e_/
MAYOR OF THE CIT OF CYPRESS
ATTEST'
CITY CERK 0 THE OF CYPRESS
STATE OF CALIFORNIA) SS
COUNTY OF ORANGE )
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 23rd day of March 1981; by the following roll call vote*
AYES 4 COUNCIL MEMBERS Lacayo, Mullen, Rowan and Evans
NOES. 1 COUNCIL MEMBERS. Coronado
ABSENT* 0 COUNCIL MEMBERS' None
CIT4LiageTY OF CYPRESS
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