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HomeMy WebLinkAboutCC Resolution 5802 (Personnel Rules and Regulations)PERSONNEL RULES AND REGULATIONS CITY OF SAN RAFAEL Adopted: November 5, 1979 Resolution No. 5802 ORIGINAL y RESOLUTION NO. 5802 A RESOLUTION OF THE CITY OF SAN RAFAEL ESTABLISHING PERSONNEL RULES AND REGULATIONS FOR THE CLASSIFIED SERVICE OF THE CITY OF SAN RAFAEL TABLE OF CONTENTS Chapter Subject Page No. 1 Enabling Provisions 2 2 Definition of Terms 5 3 Employment 10 4 Examinations 11 5 Eligible Lists 12 6 Certification and Appointment 13 7 Transfer 15 8 Reduction in Force and Reinstatement 16 9 Change of Employment Status 17 10 Classification and Salary Plan 18 11 Probationary Period 20 12 Disciplinary Action 21 13 Termination of Employment 24 14 Health Standards 25 15 Vacation, Sick Leave, Holiday Pay and Leave Benefits 28 16 Grievance Procedure 32 17 Miscellaneous 34 NOTE: Any reference to provisions relating to Fire Department personnel contained in these rules is null and void. 96 A/2 RESOLUTION NO. 5802 CHAPTER 1 ENABLING PROVISIONS SECTION 1. Adoption of Classified Service Pursuant to the authority granted to the legislative body of any City within the State of California under the provisions of Government Code Section 45001 and Ordinance No. 1357 , the following resolution creating a Classified Service System is hereby adopted by the City of San Rafael. SECTION 2. Classified Service The provisions of this resolution shall apply to all regular full time permanent classified employees of this City with the exception of Fire,Manage- ment, Confidential and Unclassified positions listed in the Salary Resolution. SECTION 3. Authority of the City Manager The authority to appoint and remove for cause, all employees within the Classified Service, and the authority to administer and supervise all employees within the Classified Service is vested with the City Manager. SECTION 4. Status of Employees Holding Positions on Date of Adoption Any person holding a position or employment in the Classified Service at the time this resolution takes effect, who shall have continuously served in such position for a period of at least one (1) year for all employees except eighteen (18) months for all Police Officers, immediately prior to such effec- tive date, shall become a Classified Service employee, and shall thereafter be subject in all respects to the provisions of this resolution. Any other persons holding positions or employment in the Classified Service shall be regarded as holding their positions or employment as seasonal employees, temporary employees, or probationers who are serving out the balance of their probationary period before their appointment becomes complete. SECTION 5. Administrative Procedures The City Manager may, at his discretion, issue Administrative Procedures to supplement both this resolution and any rules and regulations adopted. SECTION 6. Establishment of Personnel Board of Appeals (a) CREATED. There is hereby created a Personnel Board of Appeals to consist of three (3) members, to be appointed by a four-fifths (4/5) vote of the City Council, from among the qualified electors of the City, and serve without compensation. (b) TERM. Each member of the Personnel Board of Appeals shall serve a four (4) year term. Annually, on or before July 1, the Personnel Board of Appeals shall elect a chairman. - 2 - 96 A/3 RESOLUTION NO. 5802 CHAPTER 1, Enabling Provisions, cont. (c) VACANCIES. Vacancies on the Personnel Board of Appeals shall be filled by appointment by the City Council for the unexpired term. Each member shall serve until his successor is appointed and qualified. (d) REMOVAL. A member of the Personnel Board of Appeals may be removed from his office prior to the expiration of his term by a four—fifths (4/5) vote of the City Council. (e) SECRETARY. The Personnel Director will serve as Secretary to the Personnel Board of Appeals. SECTION 7. Duties of the Personnel Board of Appeals. (a) STATUTORY DUTIES. The Personnel Board of Appeals shall perform the duties and exercise the powers provided for in Part 2, Division 4, of Title 3, of the Government Code of the State of California. (b) ORDER OF BUSINESS. The Personnel Board of Appeals shall determine the order of business for the conduct of its meeting and shall meet on call of the chairman or two (2) members of the Board. (c) QUORUM. Two members of the Board shall constitute a quorum for the transaction of business. (d) HEAR APPEALS. The Personnel Board of Appeals may hear appeals of any regular full time, classified employee in the City Service relative to any disciplinary action, dismissal, or demotion, and shall certify its findings and decision to the City Council or the official from whose order the appeal was taken. The appealable action may be stayed pending appeal. For the purposes of this chapter, a salary step reduction, withholding a salary step increase, or withdrawing a merit step increase, are not disciplinary actions and are not appealable. A regular full time classified employee may, within ten (10) days from the date of the charges, file a written demand with the secretary, re— questing that the Personnel Board of Appeals shall review such action in which event the secretary shall, without delay, file a copy of said charges and the answer of the employee, together with such other information as may be provided for in the rules and regulations, with said Personnel Board of Appeals. Said Personnel Board of Appeals shall make, or cause to be made, such investigation as it may deem necessary, and within twenty (20) days thereafter shall hold a public hearing, at which time it shall hear evidence for and against the party aggrieved. During the course of such public hearing, the rules of evidence need not apply. After the matter is submitted and hearings held, the Personnel Board of Appeals will deliberate in executive session; thereupon written conclusions or -3- 96 A/4 RESOLUTION NO. 5802 CHAPTER 1, Enabling Provisions, cont. findings shall be rendered within ten (10) days and certified to the City Council or official from whose order the appeal was taken. The official from whose order the appeal was taken may thereupon affirm, revoke, or modify the action as in the judgment of such officer shall be deemed warranted. The appellant or official may appeal the decision and recommendation of the Personnel Board of Appeals to the City Council. The City Council will review findings of the Personnel Board of Appeals and affirm, deny, or modify the findings and action. The determination of the City Council is final and conclusive. (e) INVESTIGATIVE POWERS. In any investigation or hearing conducted by the Personnel Board of Appeals, it shall have the power to examine witnesses under oath, compel their attendance or production of evidence by subpoenas issued in the name of the City and attested by the secretary. It shall be the duty of the Police Chief to cause all such subpoenas to be served and refusal of the person to attend or to testify in answer to such subpoena shall subject the person to prosecu— tion in the same manner as set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council. Each member of the Personnel Board of Appeals shall have the power to administer oaths to witnesses. SECTION 8. Appointment of Personnel Director. The City Manager shall, with the approval of the City Council, appoint a Personnel Director for the City. The Personnel Director shall be responsible for the efficient and just administration of this ordinance, supplemental rules and regulations, and administrative procedures, and serve as secretary to the Personnel Board of Appeals. SECTION 9. Employment Constitutes Acceptance of Rules. In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the Personnel Ordinance, Rules C Regula— tions, Administrative Procedures, and regulations and directives of the depart— ment in which employed. 96 A/5 RESOLUTION NO. 5802 CHAPTER 2 DEFINITION OF TERMS For the purpose of this Resolution, Personnel Rules and Regulations, Adminis— trative Procedures, and departmental directives, the definitions specified below shall apply unless it is plainly evident from the context that a dif— ferent meaning is intended. Allocation — The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised. Applicant — Means a person who has filed an application for employment with the City. Appointment Authority — Shall mean the City Manager or designated official having the power of appointment and removal of employees. Appointment — Shall mean the offer to, and acceptance by, a person of a position in the Classified Service. Board — Means the Personnel Board of Appeals of the City of San Rafael. Certification — Shall mean the furnishing of names by the Personnel Director of eligible available candidates for employment from an Eligible List or in such manner as prescribed in these rules. City — Shall mean the City of San Rafael. City Council — Shall mean the City Council of San Rafael. Classification or (Class) — A position or group of positions sufficiently similar as to duties performed, responsibilities and authority thereof, employment standards, and such other qualifications designated by City authority that the same title, examination requirements and/or other tests of fitness and the same schedule of compensation may be applied to each position in the group. Classified Service — Shall mean all those positions and/or classifications, and the employees occupying such positions, with the exception of Fire, Management, Confidential, and Unclassified positions listed in the salary resolution. Classified Plan — Arrangement of positions into classes, together with speci— fications, describing each class by job title, duties, and em— ployment standards. Classified Employee — Means any person holding a full time permanent position in the Classified Service System. Day(s) — Shall mean calendar days unless otherwise specified as working days. -5- 96 A/6 RESOLUTION NO. 5802 CHAPTER 2, Definition of Terms, cont. Demotion - A change in status of an employee from a position in one class to a position in another class with lesser duties and responsibilities, lower qualifications, and a lower range of pay. Department - Means a separate unit of City Government and includes the offices of elected and appointed City officials. Department Head - Shall mean the individual who is designated the adminis- trative head of a department. Discharge - The separation from employment of an employee by an appointing authority. Dismissal - Same as Discharge. Eligible - A person who has successfully passed all competition and examination requirements for a classification for which he has made official application according to these rules and is on an Eligible List as promulgated by the City Manager. Eligible List - An officially promulgated list of eligibles for a specific classification in rank order of examination ratings, or as espe- cially provided by re-employment rights. The Eligible List will be effective for six (6) months with the possibility of an exten- sion for an additional six (6) months at the discretion of the City Manager. Employee - A person who is legally serving in a regular full time position in the Classified Service. Employment of Relatives - The employment of members of the immediate family as defined in these Rules, shall be prohibited. Employment Standards - Shall mean the general qualifications prescribed for the selection of an appointee to fill a vacancy. Exempt Position - Shall mean any position not included in the Classified Service. Examinations - (a) Open Examination: Shall mean an examination for a particular class which is open to all persons meeting the qualifications for the class. (b) Promotional Examination: Shall mean an examination for a particular class, admission to which is limited to permanent employees who meet the qualifications for the class. (c) Open Continuous Examination: shall mean an open examination which is administered periodically and as a result of which a new Open Eligible List is created. -6- 96 A/7 RESOLUTION NO. 5802 CHAPTER 2. Definition of Terms, cont. (d) Open and Promotional Examination: Shall mean an examination in which an Open Examination and a Promotional Examination are administered simultaneously, and as a result of which an Open Eligible List and a Promotional Eligible List are created. (e) Assembled Examination: A test conducted at a specified time and place at which applicants are required to appear for com— petitive examinations under the supervision of the Personnel Director. (f) Unassembled Examination: A test consisting of an appraisal of training experience, work history, or any other means for evaluating other relative qualifications of applicants without the necessity for their personal appearance at a specified place for an examination although they may be required to appear for an interview. Immediate Family — Immediate family shall be defined as employee's spouse, mother, father, child, sister, and brother. Incompetency — The term "incompetency" as contained in Section 19572, as amended, of the California Government Code, as being grounds for dismissal, shall in addition to the normal and usual meaning have the following use: Any permanent or chronic physical or mental ailment or defect which incapacitates any employee from the proper, safe, and efficient performance of the duties of his position. Lay—Off — Shall mean the termination of employment without prejudice due to lack of work or funds, abolishment of position, material change in job duties or organizational alterations. Military Vacancy — Means a position opening resulting from an employee being called to active military duty to fulfill a military obligation. Minimum Qualifications — Shall mean the lowest acceptable degree of skill, education, abilities, experience, and personal and physical char— acteristics which are prescribed for the selection of an appointee to fill a position vacancy. Oral Interview — Shall mean that part of an examination conducted by a compe— tent authority to evaluate the candidate's education, experience, and general qualifications pertinent to the position for which examined. Outside Employment — Shall mean employment which does not conflict with em— ployee's regular position with the City of San Rafael, and must have the prior authorization and approval of the City Manager. 96 A/8 RESOLUTION NO. 5802 CHAPTER 2, Definition of Terms, cont. Overtime — Shall mean actual time worked beyond forty (40) hours per week or the employee's standard duty week, whichever is longer. A work or duty week shall be defined as seven (7) consecutive calendar days. Overtime is compensable to the nearest half hour, and must have prior authorization and approval of the Department Head. Overtime Pay — Shall mean authorized payment granted to an employee for work in excess of a regular work day or work week, as prescribed in these rules. Part—time Position — Shall mean a position in the Classified Service in which the employee is authorized to work less than the standard work day, work week, work month, or an indefinite period. Permanent Status — Shall mean an appointment for an indefinite period to a permanent position in the Classified Service after satisfactory completion of a probationary period. Permanent Position — Shall mean a position, the duties of which do not termi— nate at a stated time. Personnel Officer — The City Manager shall be the Personnel Officer. The City Manager may delegate any or all of the powers and duties as Per— sonnel Officer to any other officer of the City, such as the Personnel Director. Position — Shall mean a specific office or employment provided by the budget, whether occupied or vacant, limited term or permanent, calling for the performance of certain duties. Probationary Appointment — Means an appointment for a definite probationary period. Probationary Period — A working test period during which an employee is re— quired to demonstrate his fitness for the position to which he is appointed by actual performance of the duties of the position. Promotion — The movement of an employee from one class to another class having a higher maximum rate of pay. Provisional Appointment — An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed in that particular class, in the absence of an available eligible. Reduction in Force — Shall mean the abolishment of any position or employment in the interest of sound management, due to the lack of work or funds or organizational alterations. Regular Employee — Shall mean an employee who has satisfactorily completed his probationary period and has achieved permanent status in the Classified Service. —8- 96 A/9 RESOLUTION NO. 5802 CHAPTER 2, Definition of Terms, cont. Reprimand - Shall mean a form of disciplinary action, either in verbal or written form. Resignation - Shall mean the voluntary termination of employment of an employee. Salary Resolution - Means that resolution adopted by the City Council de- tailing the salaries and benefits for each Classified employee. Salary Step Increase - An increase in pay established in the salary plan which may be granted to an employee for satisfactory performance and successful completion of prescribed periods of employment in the class. All step increases are based on satisfactory work performance and must be approved by both the employee's Department Head and the City Manager. Shift Personnel - An employee working a shift other than the normal working day. Suspension - The temporary suspension from the service of an employee without pay for disciplinary purposes. Sworn Personnel - Those employees of the Police and Fire Departments defined as sworn personnel by the Government Code, State of California. Temporary Appointment - Shall mean the appointment to any position in the Classified Service for a temporary period. Temporary Position - Shall mean a position, the duties of which are not permanent in nature. Termination - The separation of an employee from City Service. Termination may be by death, discharge, lay-off, resignation, retirement, work completion, lack of work or funds, or for non -disciplinary reasons. Title - Means the common designation of a position or group of positions composing a class. Transfer - Shall mean a change from one position to another in the same or com- parable class or from department to department. Waiver - Shall mean the refusal of offer of employment by a candidate whose name is on an Eligible List, or the unavailability of a candidate for appointment to a given position. Y -Rate - Means a salary approved for an individual whose present salary ex- ceeds the highest step of the range for the class to which he is reclassified. A Y -Rated salary is frozen and may not be increased until the highest step of the salary range of the new class ex- ceeds the Y -Rated salary. -9- 96 A/lo RESOLUTION NO. 5802 CHAPTER 3 GMPI f1VMFNT SECTION 1. All applications shall be made upon official forms furnished by the Personnel Department, filled out as therein directed, and filed in the office of the Personnel Director on or before the closing date specified in the examination announcement or postmarked before midnight of that date. SECTION 2. Upon receipt by the Personnel Department, all applications shall immediately be stamped with the date. SECTION 3. Applicants taking more than one examination must file a separate and complete application for each such examination unless specified otherwise in the examination announcement. SECTION 4. All application forms and examination papers are confidential records of the City and under no circumstances will they be returned to the applicants or displayed publicly. SECTION 5. The Personnel Director shall refuse to examine an applicant or may, after examination, disqualify such applicant or remove his name from an Employ— ment List, or refuse to certify an eligible name on an Eligible List if: (a) The applicant is found to lack any of the preliminary requirements announced for the examination for the class of position; (b) The applicant is so disabled as to be rendered unfit for the per— formance of the duties of the class; (c) The applicant is addicted to use of narcotics or the habitual use of intoxicating liquors to excess; (d) The applicant has made a false statement of material fact in his application; (e) The applicant has directly or indirectly obtained information re— garding examinations to which, as an applicant, he is not entitled; (f) The applicant has refused to take and subscribe to the Loyalty Oath or affirmation prescribed by Title 2, Division 5, Part 1, Chapter 4 of the Government Code of California; (g) The applicant has been convicted of an infamous crime or other crime involving moral turpitude; (h) The applicant has not submitted the application correctly or within the prescribed time limits; (i) The applicant has been dismissed from employment for cause by the City. SECTION 6. Candidates for employment with the City shall not be discriminated against because of race, color, sex, national origin, or religious belief. SECTION 7. No person in any manner concerned in preparing, conducting, or holding an examination shall apply for such examination. SECTION 8. The statements of training and experience are to be interpreted as standards, and any reasonable equivalent combination may be accepted by the Personnel Director. — 10 — 96 A/11 RESOLUTION NO. 5802 CHAPTER 4 EXAMINATIONS The purpose of all examinations shall be to determine the qualifications and fitness of each applicant. SECTION 1. All examinations shall be competitive and impartial, and shall be suitable to test fairly the relative capacities of the persons examined to discharge the duties of the position to which they seek employment. SECTION 2. The Personnel Director may call for examinations upon receipt of an approved Personnel Requisition. SECTION 3. Examinations may be assembled or unassembled, written or oral, or in form of a demonstration of skill, or any combination of these; and any in— vestigation of character, personality, education, and experience; and any test of intelligence, capacity, technical knowledge, manual skill, work samples, medical tests, physical fitness, or any combination of these or other tests which the Personnel Director in conjunction with the Department Head deems appropriate. SECTION 4. Public notices of examinations shall be available in the City Personnel Office. SECTION 5. A continuous examination may be administered for certain employment classes and in such manner as specified. SECTION 6. All applicants taking the examination shall be informed by the Personnel Director as soon as practical upon receipt of the test results as to whether or not they passed or failed. Qualified candidates shall be informed of the time and place for the oral interview. SECTION 7. Failure to pass an examination shall not constitute grounds for prohibiting a person from re—applying for that particular examination or any other examination when public notice of such examination is again posted. SECTION 8. Failure in one part of the examination may be grounds for declaring the applicant as failing in the entire examination, or as disqualified for subsequent parts of an examination. SECTION 9. No examination is complete until the grades and results thereof have been determined and the Eligible List has been established. SECTION 10. Promotion in the Classified Service may be based on competitive examination, and records of efficiency, character, conduct, or any other gen— erally accepted qualification deemed necessary or reliable in obtaining a passing grade. A promotional examination shall first be given to current regu— lar City employees, and a list shall be created and appointment shall be made in the same manner as an original appointment. If qualified applicants are not found as a result of the promotional examination, an open competitive examination will be given. SECTION 11. The City Manager shall determine whether examinations for any position shall be a promotional or open examination. SECTION 12. Qualified regular City employees will be permitted to compete on a promotional basis. — 11 96 A/12 RESOLUTION NO. 5802 CHAPTER 5 ELIGIBLE LISTS SECTION 1. Upon completion of an examination, the Personnel Director may have prepared and submit to the City Manager for approval an Eligible List con— sisting of the names of candidates who qualified in the examination, in the numerical order in which they have been rated, giving their ratings and any other data deemed pertinent for the purpose. SECTION 2. Eligible Lists shall remain in effect for six (6) months from the established date and can be extended for an additional six (6) months by the City Manager. Eligible Lists may be in full force as long as two (2) more eligible names than the number of vacancies remain on the Eligible List. SECTION 3. The Personnel Director may remove the name of an eligible from the Eligible List if the eligible has been certified and rejected or passed over two (2) times by the appointing authority. SECTION 4. Whenever a person accepts a permanent appointment to a position his/her name shall be removed from the Eligible List for such position. SECTION 5. Upon the expiration of a military vacancy any person having been appointed to fill such vacancy from an Eligible List shall have his/her name restored thereto or to the next Eligible List like the one on which his/her name previously appeared and in the place corresponding to his/her general average in the examination, except where he/she has voluntarily resigned from the City Service or has been dismissed therefrom for cause. SECTION 6. Eligibles must continue to possess the qualifications necessary for original application, or loss of eligibility shall result. — 12 — 96 A/13 RESOLUTION NO. 5802 CHAPTER 6 CERTIFICATION AND APPOINTMENT SECTION 1. When a vacancy occurs in a department, the Department Head shall request, on forms furnished by the Personnel Director, certification of eli— gible persons from an Eligible List for such position. SECTION 2. Certification shall be made in the order in which names appear on Eligible Lists, in the following priority: Re—employment Lists, Promotional Eligible Lists, and Open Eligible Lists. SECTION 3. Persons whose names would otherwise be certified but who notify the Department that they are unavailable for appointment shall not be certified to a Department. Each instance that this occurs shall constitute a waiver by the eligible person. SECTION 4. The Personnel Director shall canvass the existing Eligible List to determine availability of eligibles before certifying a list to a Department Head who has submitted a personnel requisition. SECTION 5. Upon receiving a certification, the Appointing Authority shall interview those individuals certified, and/or review their application forms or other material relevant to the appointment. SECTION 6. If two (2) more eligible names than the number of vacancies remain on the Eligible List, they shall be certified to the requesting Department Head who shall interview them and if not selected, the Department Head may request certification from a new Eligible List. SECTION 7. The Appointing Authority may select for appointment any eligible candidate from among those certified, and shall report to the Personnel Direc— tor on the Certification Form as to whether candidates not selected were: "rejected," "passed over," or "not considered," and the reasons therefor. SECTION 8. The number of eligible names certified shall exceed by two (2) the number of vacancies indicated by the requesting department. SECTION 9. In addition to the eligible applicants the Personnel Director may certify the names of persons who are on employment lists for the following reasons: (a) Candidates for transfer or voluntary demotion; (b) Candidates for re—employment; (c) Candidates on incomplete lists set aside (the number of eligible names does not exceed by two (2) the number of vacancies); (d) Candidates eligible for related classes. - 13 - 96 A/14 RESOLUTION NO. 5802 CHAPTER 6, Certification and Appointment, cont. SECTION 10. Certification in the case of continuous examination or other examinations as determined by the Personnel Director, may be made from an Eligible List which shall exceed by two (2) the number of vacancies regardless of the date of the establishment of the list. SECTION 11. In the event an Eligible List contains fewer than two (2) more eligible names than the number of vacancies, the City Manager may approve its certification or may make a temporary appointment until such time as three (3) names are certified, provided that such temporary appointment does not exceed six (6) months' duration. SECTION 12. Persons hired on a temporary appointment shall be notified in writing on forms furnished by the Personnel Department that such appointment is of a temporary nature and does not entitle them to preference for, or right to, a permanent position. Original notification shall be signed by the employee and returned to the Personnel Department. SECTION 13. Temporary, part—time and seasonal employees shall not be entitled to sick leave, vacation pay, paid holiday, or the right of appeal. SECTION 14. The duration of time in which a person is employed in a temporary and/or seasonal position shall not be counted as part of the probationary period if that person receives a probationary appointment. The probationary period starts from the date of appointment to a permanent position. SECTION 15. Final approval of appointment to any position of employment is contingent upon the eligible individual's ability to pass a medical examination administered by a licensed physician commissioned for such service by the City. — 14 96 A/15 RESOLUTION NO. 5802 CHAPTER 7 TRANSFERS SECTION 1. The City Manager may authorize the transfer of an employee from one position to another of the same or comparable class of work and where the same general type of examination is given for entrance to such a position. SECTION 2. Transfers from one department to another department having a different jurisdiction or different functions shall be done only with the con— sent of the Department Heads involved, unless such a transfer is ordered by the City Manager for purpose of economy or efficiency. SECTION 3. Any person transferred to a different position shall possess the minimum qualifications for the position. - 15 - 96 A/16 RESOLUTION NO. 5802 CHAPTER 8 REDUCTION IN FORCE AND REINSTATEMENT SECTION 1. Reduction in Force. The Appointing Authority may lay off, without prejudice, any permanent employee because of lack of work or funds, or organizational alterations, or for reasons of economy or efficiency, or as directed by the City Council. SECTION 2. Temporary and Probationary Employees. Temporary employees shall be laid off before probationary employees, and probationary employees shall be laid off before permanent employees in the affected classification. SECTION 3. Lay—Off. The Appointing Authority may lay off an employee in the Classified Serv— ice because of material change in duties or organization or shortage of work or funds. In effecting any lay—off, the Appointing Authority shall consider the employee's performance, and as a nonmandatory guideline, the employee's seniority. Five (5) days before the effective date of a lay—off, the Appointing Authority shall notify the Personnel Director 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 employee laid off shall be placed on the appropriate list as provided by these rules. SECTION 4. Re—Employment Lists. All individuals laid off or reduced shall have re—employment rights, as designated in Section 5 below. SECTION 5. A permanent employee in good standing who has been laid off may be reinstated without examination within twenty—four (24) months of the date of his lay—off to the position from which he was separated, or to any other position to which he would have been eligible to transfer. SECTION 6. Temporary appointments shall not constitute a reinstatement. SECTION 7. An employee who is granted military leaves of absence from the Classified Service shall be reinstated thereto as provided in Division 2, Part 1, Chapter 7 of the Military and Veterans' Code of California, Section 389 et seq.. SECTION 8. An employee wishing to leave the Classified Service in good standing shall file with his immediate supervisor, at least fourteen (14) days before leaving the service, a written resignation stating the effective date and reason for leaving. The resignation shall be forwarded to the Per— sonnel Director and City Manager. SECTION 9. The Appointing Authority may reinstate an employee who has re— signed in good standing, to his former position, if vacant, or to a vacant position in the same or comparable class within two (2) years of the effective date of his resignation. Restoration of seniority for employee benefits will be optional as part of the re—employment process. — 16 — 96 A117 CHAPTER 9 CHANGE OF EMPLOYMENT STATUS SECTION 1. Promotion. RESOLUTION NO. 5802 Because it is the policy of the City of San Rafael to encourage the ad- vancement of personnel within the Classified Service, promotional selection for vacancies will be conducted as the needs of the City require. Promotional op- portunities in which interdepartmental transfers are possible will be posted on bulletin boards in City buildings at least five (5) working days before the se- lection is made. Promotional examinations may be conducted as the need arises. SECTION 2. Demotion. The appointing authority may demote an employee when the following occurs: (a) The employee's ability to perform his required duties shall fall be- low acceptable standards; (b) The need for a position which an employee fills no longer exists; (c) An employee requests such a demotion. No employee shall be demoted to a classification for which he does not possess the minimum qualifications. When the action is initiated by the Appointing Authority, written notice of demotion shall be provided to an employee at least five (5) working days be- fore the effective date of the demotion, and a copy filed with the personnel clerk. A salary step reduction, withholding a salary step increase, or withdraw- ing a merit step increase within or above the salary range of the employee's position shall not be deemed a demotion. SECTION 3. Suspension. (a) By Department Head. Department Heads may suspend an employee for reasons stated in (b) below for not more than five (5) working days at any one time without the approval of the City Manager. Written notice of suspension shall be delivered to the employee suspended within five (5) working days after such action. (b) By City Manager. The City Manager may suspend an employee under his control from his position at any time for reasons of pending disciplinary action, for disciplinary reasons as set forth in this ordinance, or for other just cause, including, but not limited to, inefficiency, incompetency, physical disability, or mental incapa- city. Written notice of suspension shall be delivered to the em- ployee suspended within five (5) working days after such action. SECTION 4. Reinstatement. Refer to Chapter 8, Reduction in Force and Reinstatement. - 17 - 96 A/18 RESOLUTION NO. 5802 CHAPTER 10 CLASSIFICATION AND SALARY PLAN SECTION 1. Classification and Salary Plan. The salary plan shall provide for salary schedules, salary rates, salary ranges and steps and time intervals for salary review. Each position within the City Service shall be allocated to its appropri— ate class in the classification plan on the basis of duties and responsibili— ties. Each class shall be assigned a salary range or a rate established in the salary plan. All persons entering the City Service shall be compensated in ac— cordance with the salary plan then in effect. SECTION 2. Administration of Classification Plan and Salary Plan. The City Manager shall administer the salary plan for all employees of the Classified Service. All initial employment shall be at the first step of the salary range, provided that the City Manager may make an appointment to a position at an appropriate higher salary when, in his opinion, it is necessary in obtaining qualified personnel, or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. SECTION 3. Salary Step Increase. An employee may be considered for a step increase in accordance with the time intervals established in the salary plan. Advancement to a higher salary within a salary range may be granted for continued improvements and efficient and effective service by the employee in the performance of his duties. Ad— vancements shall be made only upon the recommendation of the Department Head concerned, with the approval of the City Manager, and are not automatic but based on acceptable work performance. SECTION 4. Merit Step Increase. Accelerated merit performance step increases of five percent (5%) may be granted an employee based upon the recommendation of the Department Head and approval of the City Manager. Employees at the maximum step of their salary range may be granted a merit performance step increase of five percent (5%) above and beyond their salary range. A merit step increase may be effective for up to one (1) year. A merit step increase may be withdrawn and is not a disciplinary action and is not appealable. SECTION 5. Salary Step Reduction. The salary of any employee may be decreased at any time to a lower salary within the salary range by the City Manager upon the recommendation of the Department Head when the quantity, quality, or manner of performance of service does not justify the salary being received. - 18 - 96 A/19 RESOLUTION NO. 5802 CHAPTER 10, Classification and Salary Plan, cont. SECTION 6. Exceptions to Normal Working Hours. The City Manager or Department Head is hereby authorized to schedule other working hours for employees or in emergency situations when the best interests of the City may be served by such readjustment of standard work hours. SECTION 7. Attendance. Employees shall be in attendance at their work or assigned duties at the time and place prescribed by the department to which they are assigned. - 19 - 96 A/20 RESOLUTION NO. 5802 CHAPTER 11 PROBATIONARY PERIOD SECTION 1. After passing an examination and accepting appointment, each employ- ee in the Classified Service shall serve a period of probation beginning on the date of appointment. Such period shall be for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position and determining employee's ability to work with other employees. SECTION 2. The probationary period on original appointment shall be for one 1 year for all employees except Police Officers who shall serve a probation- ary period of eighteen (18) months. For promotional appointments, all employees shall serve a one (1) year probationary period. SECTION 3. During the probationary period an employee may be rejected at any time by the Appointing Authority without the right of appeal. SECTION 4. On determining that a probationary employee's work is not satis- factory, the Department Head shall notify the City Manager and Personnel Di- rector in writing of his intention to terminate the employee. On receiving approval from the City Manager, the Department Head shall notify the employee of his termination. SECTION 5. The probationary period shall not include the time served under any temporary appointment. SECTION 6. Permanent status shall commence with the day following the expira- tion date of the probationary period and upon written notification to the em- ployee. SECTION 7. An employee serving a probationary period may be promoted to a position in a higher position classification provided he is certified from the appropriate Eligible List in accordance with these rules. The employee promoted in this manner shall serve a new probationary period for the position to which employee is promoted and the new probationary period and promotional appointment shall be effective the same date. SECTION 8. An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position employee held prior to his/her promotion. Provided, however, that if the cause for not passing the promotional probationary period was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. -20- 96 A/21 RESOLUTION NO. 5802 CHAPTER 12 DISCIPLINARY ACTION SECTION 1. Disciplinary Action; Definition. As used in this chapter, "disciplinary action" shall mean discharge, demo— tion, reprimand, disciplinary probation or suspension. SECTION 2. Causes for Disciplinary Action. Causes for disciplinary action against any employee may include, but shall not be limited to, the following: (a) Fraud in securing appointment; (b) Inexcusable neglect of duty; (c) Violation of safety rules; (d) Tardiness; (e) Possession, or under the influence of alcoholic beverages, non— prescription or unauthorized narcotics or dangerous drugs during working hours; (f) Refusal or failure to perform work assigned; (g) Unauthorized soliciting on non—City business on City property or time; (h) Inexcusable absence; (i) Conviction of a felony or conviction of a misdemeanor involving moral turpitude; (j) Overstaying lunch period or relief; (k) Mistreatment or discourteousness to the general public or fellow em— ployees or officers of the City; (1) Falsifying time reports, records, or payroll documents; (m) Disobedience to proper authority; (n) Misuse of City property; (o) Violation of any of the provisions of these working rules and regula— tions or departmental rules and regulations; (p) Falsification of City records; (q) Assault; (r) Theft; (s) Incompetency as defined in Government Code Section 19252; (t) Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, how— ever, the cumulative effect would warrant such action; (u) Failure to perform to an acceptable level of work quality and quantity; — 21 — 96 A/22 RESOLUTION NO. 5802 CHAPTER 12, Disciplinary Action, cont. (v) Suspended leave without pay pending resolution of a criminal indict- ment by a Grand Jury; (w) Insubordination. SECTION 3. Pre -Discipline Procedures. In all non -emergency disciplinary actions which result in a monetary loss, the City Council, appointing officer, or Department Head will: (a) Deliver to the concerned employee written notice of the proposed action. The written notice must include a statement of the reasons that disciplinary action is being proposed, such as insubordination, incompetence, etc., and must also include an unsigned copy of the charges being considered by Management. The reasons must be pre- pared with specificity and detail to insure that the employee is aware of the specific misconduct complained of by times, dates, places, etc., so that employee can admit or refute the factual allegations. (b) The employee must be shown the documents or materials upon which the proposed disciplinary action is based and, preferably, the employee should be supplied with a copy of those documents. (c) The employee must be advised that he/she has a right to respond, either orally or in writing, at employee's option, to the authority responsible for imposing the discipline. (d) Said employee shall have a maximum of fourteen (14) calendar days from receiving the written notification of the proposed action in which to respond. (e) If the proposed disciplinary punishment will involve a loss of pay, the deciding Management authority must be higher in rank than the Management authority proposing the disciplinary action. SECTION 4. Persons by Whom Disciplinary Action May be Taken; Notice; Service; Contents. Upon compliance with the pre -discipline procedures as outlined in Section 3 above, the City Manager or Department Head may take disciplinary action against an employee under Department Head's control by notifying the employee of the action, pending the service upon him/her of a written notice. Disciplinary action is valid only if a written notice is served on the employee and filed with the Personnel Director not later than five (5) working days after the date of such action. The notice shall be served upon the em- ployee, either personally or by registered mail, return receipt requested, and shall include: (a) A statement of the nature of the disciplinary action; (b) The effective date of the action; (c) A statement of the causes therefor; -22- 96 A/23 RESOLUTION NO. 5802 CHAPTER 12, Disciplinary Action, cont. (d) A statement in ordinary and concise language of the act or omissions upon which the causes are based; (e) A statement advising the employee of his/her right to appeal from such action. SECTION 5. Right of Appeal. Any employee in the Classified Service shall have the right of appeal from any disciplinary action taken except as otherwise provided in these rules. -23- 96 A/23 CHAPTER 13 TERMINATION OF EMPLOYMENT SECTION 1. Resignation. RESOLUTION NO. 5802 An employee wishing to leave the service of the City in good standing either by resignation or retirement shall give the department concerned at least two (2) weeks' notice. Employees giving such notice will be allowed to remain on pay status for at least two (2) weeks, provided that the Personnel Ordinance and Administrative Procedures are observed. SECTION 2. Termination; Lack of Work or Funds. An employee may be terminated at Management discretion because of changes in duties or organization, abolition of position, shortage of work or funds, or completion of work for which employment was made. In cases involving regular employees, a written notice of termination will be given to the employee two (2) weeks prior to the effective date of termina— tion. SECTION 3. Termination; Non—Disciplinary Action. An employee may be terminated by the Appointing Authority at any time for cause or for the convenience of the City. The appointing power may lay off an employee in the Classified Service because of material change in duties or organization or shortage of work or funds. SECTION 4. Termination; Disciplinary Action. An employee may be terminated at any time for disciplinary action, as pro— vided in Chapter 12 of these rules. SECTION 5. Retirement; Applicable Regulations. Retirement from the City service shall, except as otherwise provided, be subject to the terms and conditions of the City's contract as amended from time to time, with the Marin County Retirement System. —24- 96 A/24 RESOLUTION NO. 5802 CHAPTER 14 HEALTH STANDARDS SECTION 1. Purpose, Physical Standards, and Administration. (a) Purpose. The medical examination is part of the examination pro— cess for applicants and probationary employees and a part of the evaluation process for all Classified, Management, Confidential, Miscellaneous and Unclassified employees. The purpose of these standards is to obtain, promote, retain, or return to employment employees free from any physical, psychiatric, or neurological defect or pathologic condition which would limit or interfere with the proper, full, and effective performance of the duties. (b) Physical Standards. The City Council shall establish, by resolution, minimum requirements for applicants seeking appointment to, and for employees serving in, the various positions of the Classified Service. Such requirements, when so established, shall be known as the "health standards." (c) Examination Standards — Regulations. The City Manager shall, upon recommendation of the Personnel Director and City Physician, adminis— ter the medical and health standards for each employment class and provide for regular periodic examinations for any or all classes of City employees. SECTION 2. Medical Examination as Part of Examination Process. (a) Medical Examination. Prior to appointment to any permanent position in the Classified service, an applicant or probationer may be asked to take and pass a physical examination given by the City Physician. An eligible on any list whose physical condition, as determined by such physical examination, does not conform to the health standards established for the class, may not be entitled to re—examination, and employee's name may be permanently removed from such list; provided, however, that such removal shall not prejudice his/her right to apply for and be examined for replacement on any succeeding list created for the class. An applicant may be medically disqualified in the absence of a disabling defect if, in the judgment of the medical examiner, a condition exists which may develop into a physical, psychiatric, or neurological limit or disability. (b) Report of Medical Examination. The report of the medical examina— tion shall be confidential and released only to the applicant. When applicant is disqualified as a result of the medical examination, he shall be so notified, stating the reasons for the medical disquali— fication. (c) Review of Medical Examination. (1) When applicant is disqualified because of failure to meet the medical or health standards, applicant may appeal to the City Physician in writing within five (5) working days after notifica— tion of the disqualification. The applicant may file with the appeal such written medical and laboratory reports, X—rays, photographs, or other exhibits, or written statements applicant -25- 96 A/25 CHAPTER 14, Health Standards, cont. may desire. If, upon review, re-examination is warranted, a All costs associated with this of the applicant. RESOLUTION NO. 5802 the City Physician deems that a n examination may be conducted. process are the responsibility (2) Based on a study of the re-examination results, the City Physi- cian's decision shall be final. (d) Surgical Operations. Applicant shall not be accepted for appointment subject to the performance of surgical operations, corrective therapy, or other medical care for the removal or cure of defects which would limit or interfere with the proper, full, and effective performance of applicant's duties. (e) Waiver. The above provisions in respect to medical examinations may be waived by the City Manager if, in the City Manager's determination, the employment of the applicant is in the best interests of the City of San Rafael. SECTION 3. Physical Examination and Standards for Regular, Miscellaneous and Management Employees. (a) Physical Examination at Request of City Manager. Whenever the City Manager, from the City Manager's personal observations, or upon recommendation of the Department Head, or from information received from any source whatsoever, believes that an employee has contracted an ailment or disability which may in any substantial degree interfere with the performance by employee of the duties of employee's position, or which may endanger the safety and life of fellow employees or the public, the City Manager may request that such employee submit to a physical examination, given by the City Physician and based upon the duties of employee's position and the health standards of the City. The cost of such examination will be borne by the City. (b) Notice to Employee, Physical Examination. Whenever it is determined that an employee is to be given a physical examination, the Depart- ment Head shall notify the Personnel Director, who will make the ap- pointment with the City Physician. The notice shall state reasons for the belief on the part of the Department Head that a physical examination is required. Upon setting the time of the examination, the Personnel Director shall notify both the Department Head and the employee. The time the employee spent in examination will not be charged to sick leave or vacation, but will be part of the regular work day. (c) Charges May be Based Upon Medical Report. Upon receipt of the report of the examining City Physician, the Personnel Director shall transmit a copy of the report to the City Manager, the appropriate Department Head, and the employee. If the examining City Physician finds in the medical report that the employee's physical condition does not conform to the health standards established for the position, or that the employee suffers from a permanent or chronic physical or mental ailment which incapacitates employee for the proper, safe, and efficient performance of the duties of employee's position, the City Manager may remove said employee. The Department Head may establish, in conjunction with the City Physician, a date by which an employee -26- 96 A/26 RESOLUTION NO. 5802 CHAPTER 14, Health Standards, cont. must meet the health standards for or the class if employee does not now meet them. (d) Duty of Employee to Maintain Physical Condition. It shall be the duty of every employee to maintain his/her physical condition so as to conform to the health standards established for the position, and failure by any employee to so maintain his physical condition shall be deemed a failure to observe the established rules and regulations in relation to employee's position within the meaning of this section. This requirement in no way obligates the City to provide time off, exercise rooms, gymnasiums, or any other place or device to maintain health standards. SECTION 4. City Physician. (a) There is hereby created the position of the City Physician, who shall be appointed by a majority of the City Council and shall serve at the pleasure of the City Council. (b) The City Physician shall be duly licensed by the State of California. -27- 96 A/27 RESOLUTION NO. 5802 CHAPTER 15 VACATION, SICK LEAVE, HOLIDAY AND LEAVE BENEFITS SECTION 1. Annual Vacation Leave. (a) Eligibility. Annual vacation leave with pay shall be granted each regular employee of the Classified Service. Vacation leave does not accrue to those working on temporary, part-time, intermittent or seasonal basis, and those working fewer than 2,080 hours per year. Vacation benefits may be taken as accrued and provided in (b) below. Probationary employees may take accrued vacation if authorized by the Department Head and approved by the City Manager. (b) Rate of Accrual. Vacation and sick leave benefits shall accrue during the probationary period; however, use of accrued benefits shall not be allowed until the successful completion of the proba- tionary period, unless specifically authorized by the Department Head and City Manager. If a probationary employee terminates before successful completion of employee's probationary period, the employee shall not be paid for accrued vacation and sick leave benefits. Each regular full time employee shall commence to accrue vacation at the following rate for continuous service: (1) The first three (3) years of continuous employment shall earn ten (10) working days of vacation per year. Such entitlement shall accrue at the rate of five -sixths (5/6) day per month. (2) From the beginning of the fourth (4th) year of service through the end of the tenth (10th) year of service, fifteen (15) work- ing days of vacation per year. Such entitlement shall accrue at the rate of one and one-fourth (1 1/4) days per month. (3) From the beginning of the eleventh (11th) year of service through the fifteenth (15th) year, twenty (20) working days of vacation per year. Such entitlement shall accrue at the rate of one and two-thirds (1 2/3) days per month. (4) From the beginning of the sixteenth (16th) year of service and beyond, twenty-five (25) working days of vacation per year. Such entitlement shall accrue at the rate of two and one -twelfth (2 1/12) days per month. (5) No employee may annually carry forward in excess of five (5) days of his annual earned vacation, and in no case may he have accumulated at the close of any calendar year (December 31) total accumulated days in excess of thirty (30); however, on certain occasions, for the convenience of a department, the City Manager may extend said accrued vacation leave at City Manager's discretion. (c) Administration of Vacation Leave. The City Manager, upon the recom- mendation of the Department Head, may advance vacation credits to any eligible employee. Vacation days may be carried forward only after approval has been secured from the Department Head and the City Mana- ger. The amount carried forward shall not exceed the annual vacation allotment for the individual. The time at which an employee may use his accrued vacation leave and the amount to be taken at any one time shall be determined by —28- 96 A/28 RESOLUTION NO. 5802 CHAPTER 15, Vacation, Sick Leave, Holiday and Leave Benefits employee's Department Head with particular regard for the needs of the City but also, insofar as possible, considering the wishes of the employee. In the event that one or more City holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, with the exception of Police and Fire employees, and the vacation leave shall be extended accordingly. Regular employees who resign in good standing by giving two (2) weeks' notice shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination, except pro— bationary employees shall not be paid for accrued vacation and sick leave benefits earned prior to the effective date of their termina— tion. SECTION 2. Sick Leave. (a) Eligibility. Sick leave with pay shall be granted to each eligible employee of the Classified Service. Sick leave shall not be consi— dered as a privilege which an employee may use at employee's discre— tion, but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Department Head according to department rules and regulations at the beginning of his/her daily duties, except for Police and Fire personnel who must report their illness according to their department rules and regulations. Every employee in the Classified Service who is absent from his/her duties for two (2) consecutive work days for Miscellaneous and Police personnel, or sixteen (16) hours of a twenty—four (24) hour shift for Fire personnel, shall file with the Personnel Director a physician's certificate or the employee's personal affidavit stating the cause of the illness or disability. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, including dismissal. (b) Accumulation. All permanent employees who have served in the Classi— fied Service shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to an amount not to exceed one hundred fifty (150) working days. Temporary and parttime employees shall not be eligible for sick leave benefits. (c) Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: (1) Personal illness or illness within the immediate family, or physical incapacity resulting from causes beyond the employee's control; or (2) Enforced quarantine of the employee in accordance with community health regulations. Medical appointments shall be charged to sick leave except for Police and Fire sworn Safety personnel. -29- 96 A/29 RESOLUTION NO. 5802 CHAPTER 15, Vacation, Sick Leave, Holiday and Leave Benefits (d) Death or Critical Illness in Immediate Family. An employee eligible for sick leave may, upon the necessity of employee's absence being shown and with the consent of the Department Head, be allowed to use up to three (3) days of sick leave in the case of death or critical illness in the immediate family within the state, or five (5) days for out—of—state absence where death appears imminent, in the case of an employee's spouse, children, parents, brothers, or sisters. Where such death or critical illness has occurred, the employee shall furnish satisfactory evidence of such death or critical illness to the Department Head. If, in the preceding six (6) months, leave of absence for the critical illness of that same relative has been granted, the Department Head may choose not to allow the use of sick leave. (e) Advance of Sick Leave. Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who has been granted sick leave that is unaccrued at the time of such separation shall reimburse the City for all salary paid in connection with such unaccrued leave. (f) Compensation for Unused Portion. Upon termination of employment by resignation, retirement, or death, a regular employee who leaves the City service in good standing and who was employed in the Police ser— vice before July 1, 1979 or in the Miscellaneous unit before October 1, 1979, shall receive compensation for all accumulated unused sick leave based upon the rate of three percent (3i) for each year of ser— vice, to a maximum of fifty percent (50%). Probationary employees released from City service during their probationary period shall not receive payment for any accrued sick leave earned prior to the ef— fective date of their termination. SECTION 3. Holidays. The following holidays will be observed: January 1st, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11, Thanksgiving Day and the day following, December 25, and every other day appointed by the Governor for a holiday or day of mourning. When a holiday falls on Saturday or Sunday, the Friday preceding a Satur— day holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed. All employees, except Police and Fire department shift personnel, who are required to work on a day designated as an authorized holiday, other than a day on which an election is held throughout the State, shall be paid in addi— tion to their regular salary for the number of hours actually worked during such a day at the rate of straight time pay. Current Memoranda of Understanding should be consulted for details on how holidays will be arranged and compensated and/or any additional provisions. SECTION 4. Military Leave Military leave shall be granted in accordance with the State of California Military and Veterans' Code as amended from time to time. All employees entitled -30- 96 A/30 RESOLUTION NO. 5802 CHAPTER 15, Vacation, Sick Leave, Holiday and Leave Benefits to military leave shall give the appointing authority and the Department Head an opportunity, within the limits of military regulations, to determine when such leave shall be taken. SECTION 5. Leave of Absence Without Pay. Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Accrued vacation must be exhausted prior to the granting of leave without pay. SECTION 6. Compensation Leave. All regular, fulltime employees of the City who have suffered any disa— bility arising out of and in the course of their employment as defined by the Workmen's Compensation Insurance and Safety Act of the State of California, and who are receiving or shall receive compensation from the insurance carrier for such disability, and during the first seven (7) days after such disability when compensation is not paid by the insurance carrier, shall be entitled to remain absent from duty with pay until such time as they are able to return to duty or some other final disposition is made of their case; provided, however, compensation leave payments shall not exceed the following limitations: Compensation leave payments shall not exceed the employees' regular full pay for the first three (3) calendar months and three—fourths (3/4) of the regular full pay for the following six (6) calendar months. Workmen's Compensation checks due the employee will be made payable to the City of San Rafael and the employee. After said check is properly endorsed it shall be deposited with the City Treasurer. All other employees shall be entitled to such compensation as may be al— lowed them by the Workmen's Compensation Insurance and Safety Act of the State of California. — 31 — 96 B/1 RESOLUTION NO. 5802 CHAPTER 16 GRIEVANCE PROCEDURE SECTION 1. Purpose, Definition, and Application of Grievance Procedure. The grievance procedure is intended to provide a uniform method available to all City employees to seek adjustment of grievances arising out of their employment relations. A grievance is a claimed violation, misinterpretation, inequitable appli— cation, or noncompliance with provisions of a memorandum of understanding, or of City ordinances, or resolutions, rules, regulations, or existing practices affecting the status or working conditions of City employees, except that in— dividual disciplinary actions within the purview of the City of San Rafael Code are not grievances within the meaning of this policy and will be processed under the appeal procedure as outlined in Chapter 12, Disciplinary Action. A grievance may be filed by an employee in his/her own behalf, or jointly by any group of employees, or by an employee organization. It is intended that all opportunities for resolving such problems at the departmental level are utilized before the matter is brought before the City Manager. SECTION 2. Definition of Terms. (a) Grievance — Refer to Section 1 above. (b) Employee — Any full time employee in the Classified Service, with the exception of Management, Confidential, and Unclassified positions listed in the salary resolution. (c) Immediate Supervisor — The employee's closest superior who assigns, reviews, or directs the work of an employee. (d) Superior — The person to whom an immediate supervisor reports. (e) Representative — A person who appears on behalf of the employee. (f) Waiver — Any time limit specified in the grievance procedure may be waived or extended only by mutual agreement in writing. SECTION 3. Step One — Informal Procedure. (a) If an employee feels he/she has a grievance, that employee should contact his/her immediate supervisor within five (5) calendar days to informally discuss the matter. (b) The supervisor shall discuss the grievance with the employee, en— deavoring to reach a mutual understanding on the matter. The em— ployee's immediate supervisor should make the employee aware of the City's grievance procedure, providing employee with a copy of the procedure if the employee determines to initiate a formal grievance. (c) If an employee's grievance concerns employee's immediate supervisor and cannot be resolved through informal discussion, the employee may request an informal meeting with the next level of supervision. —32- 96 B/2 RESOLUTION NO. 5802 CHAPTER 16, Grievance Procedure, cont. SECTION 4. Step Two - Formal Procedure. (a) If an employee's grievance cannot be satisfactorily answered through informal discussion the employee shall submit, within three (3) calen- dar days after completing the informal procedure to the Division Head or Department Head, a written statement which shall set forth in detail: (1) The exact condition or conditions as to which the grievance is made; and (2) The action requested by the employee. (b) The Division Head and/or Department Head shall, within five (5) calendar days, meet with the aggrieved party. (c) The Division Head and/or Department Head shall inform the employee in writing within five (5) calendar days after the meeting. The Division Head and/or Department Head shall include findings relating to the conditions as to which the inquiry is made and the action taken or which shall be taken in regard to such conditions or the reasons for refusal to act. SECTION 5. Step Three - Appeal to Department Head. (a) If the grievance cannot be satisfactorily concluded at the second step, then upon written request of the employee, the Department Head will meet with the employee within five (5) calendar days of the re- quest unless the meeting is postponed to a mutually acceptable date. In those cases where Step Two is directly to the Department Head, this step is not applicable. (b) The Department Head shall inform the employee in writing of his/her decision within five (5) calendar days after the meeting. SECTION 6. Step Four - Appeal to City Manager. (a) If the grievance cannot be successfully resolved at the third step, it may be forwarded in writing to the City Manager. In this in- stance both the Department Head and the employee or employee's representative may make any written presentation to supplement his/her case. (b) The City Manager shall decide within five (5) calendar days as to the final disposition of this grievance. -33- 96 B/3 RESOLUTION NO. 5802 CHAPTER 17 MISCELLANEOUS SECTION 1. Outside Employment. All regular employees are prohibited from employment outside of their City positions without prior authorization of the Department Head and the City Manager. Such approval may be denied by the Department Head and City Manager if such outside employment is incompatible with the proper discharge of the employee's official duties or would tend to impair employee's independence of judgment or action in the performance of his official duties. Failure to secure prior authorization for outside employment and/or fail— ure to adhere to the conditions placed on such employment shall be considered grounds for dismissal or disciplinary action. SECTION 2. Gratuities. No employee shall request, solicit, or demand gratuities from any citizen or company for services provided by the City. Such action may be considered grounds for dismissal. SECTION 3. Return of Tools and Equipment. All tools and equipment assigned to an individual shall be returned as deemed necessary by the Department Head. Upon termination, all tools and equipment assigned to an employee shall be returned. SECTION 4. Educational Incentive Program. An Educational Incentive Program shall be available to all employees. The specific provisions of this benefit shall be detailed and included within the salary resolution. SECTION 5. Political Activity. The political activity of City employees shall comply with pertinent provisions of State and Federal law. SECTION 6. Solicitation of Contributions. No officer, agent, clerk or employee, under the government of the City, shall, directly or indirectly, solicit or receive, or be in any manner concern— ed in soliciting or receiving any assessment, subscription, contribution or political service, whether voluntary or involuntary, or any political purpose whatever, from any one on the Eligible List or holding any position under the provisions of this ordinance. —34- 96 B/4 RESOLUTION NO. 5802 CHAPTER 17, Miscellaneous, cont. SECTION 7. Temporary Assignments - Training. The City Manager may, for the purpose of training, authorize the tem- porary assignment of an employee to other duties, without changing the em- ployee's class. Upon termination of the temporary assignment, the employee shall return to employee's original position. Such assignment may be to another jurisdiction or private corporation. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the fifth day of November 1979 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen and Nixon "NE -M. LEONCINI, Ctty ler`!k - 35 - 96 B/5