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HomeMy WebLinkAboutReso. 1986 - 148 - Modifying and/or establishing personnel policies for unrepresented employees not covered by a memorandum of understandingr t r ' Y 41111 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING MODIFYING AND/OR ESTABLISHING PERSONNEL POLICIES FOR UNREPRESENTED EMPLOYEES NOT COVERED BY A MEMORANDUM OF UNDERSTANDING. WHEREAS, the City Council has studied the current personnel policies for unrepresented employees not covered by a Memorandum of Understanding; and WHEREAS, staff has recommended that the entire Personnel Policy of the City of Redding for unrepresented employees he incorporated into one document and he updated as set forth in Exhibit "A" attached hereto and incorporated herein by reference by (1) formalizing the City' s policy covering Continuing Education; (2) by establishing a policy of Uniform Allowance; and (3) by amending the following Resolutions concerning Administrative Leave , Employee Status, Expenses , Funeral Leave, Grievance Procedure, Group Insurance, Holidays , Hours and Overtime, Industrial Injury, Jury Duty, Leave of Absence, Retirement Program, Sick Leave, Vacations, and Wages and Classifications: Section Resolution Number Administrative Leave 85-142 Continuing Education New Employee Status 84-261 Expenses 81-133 Funeral Leave 81-135 Grievance Procedure 84-172 Group Insurance 84-176 Holidays 84-175 Hours and Overtime 81-131 416 N Section Resolution Number Industrial Injury 84-173 Jury Duty 81-138 Leave of Absence 81-132 Retirement Program 86-105 Sick Leave 84-174 Uniform Allowance New Vacations 81-253 Wages and Classifications 81-128; and. WHEREAS, the City Council deems it to be in the best interests of the City of Redding to adopt such recommendations; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding, pursuant to the authority established by the Redding Municipal Code, as follows: 1 . That a policy covering Continuing Education as set forth in Exhibit "A" attached hereto and incorporated herein by reference be and hereby is approved effective June 29 , 1986. 2. That a policy covering Uniform Allowance as set forth in „ Exhibit A attached hereto and incorporated herein by reference be and hereby is approved effective June 29 , 1986 . 3 . That the following Resolutions be rescinded effective June 29, 1986 , and be of no further force and effect from and including said date: Section Resolution Number Administrative Leave 85-142 Employee Status 84-261 Expenses 81-133 Funeral Leave 81-135 Grievance Procedure 84-172 Group Insurance 84-176 Holidays 84-175 Hours and Overtime 81-131 Industrial Injury 84-173 Jury Duty 81-138 -2- 41110 Section Resolution Number Leave of Absence 81-132 Retirement Program 86-105 Sick Leave 84-174 Vacations 81-253 Wages and Classifications 81-128 . 4. That the aforesaid Exhibit "A" attached hereto and incorporated herein by reference be and hereby is approved effective June 29 , 1986 , as the City ' s Personnel Policy (now incorporated into one document) for employees not covered by the provisions of a Memorandum of Understanding. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 30th day of June , 1986 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Dahl , Johannessen, & Ful ton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Gard ABSTAIN: COUNCIL MEMBERS: None LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: 2551,1Q. ETHEL A. NICHOLS , City Clerk FORM .PPROVED: • AiDALL A- HAYS, City Attorney OD OP ' MISCELLANEOUS EMPLOYEE BENEFIT RESOLUTION Ili, iUgti. 1110 Date Adopted: June 30 , 1986 Date Effective : June 29 , 1986 Page 2 ADMINISTRATIVE LEAVE As of the first day of each calendar year, forty (40) hours of administrative leave with pay shall be allocated to the City Manager and to each position listed below. Such allocated leave may not be carried over to any subsequent year, if not used in the year of its allocation, and also shall not be compensable if not used. For clarification purposes, those positions covered by these provisions as of June 29 , 1986 , are: City Clerk City Treasurer City Manager City Attorney Director of Public Works Director of Planning and Community Development Director - Electric Utility Chief of Police Fire Chief Director of Parks and Recreation Director - General Services Director of Finance Director of Personnel Services Director - Data Processing Airports Director Auditorium Director Convention and Visitors Bureau Director Director - Utility/Customer Services Museum Director Electric Utility Operations Manager Engineering Manager Assistant City Engineer Superintendent - Public Works Superintendent - Waste Treatment Resources Manager Field Foreman - Electric Utility Police Captain Senior Planner Assistant Fire Chief Fire Marshal Building Official Housing Administrator Police Lieutenant Accounting Manager Deputy Fire Marshal Fire Training Chief Recreation Superintendent Assistant Fire Marshal Foreman - Parks Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 3 Deputy City Attorney Deputy City Clerk Deputy City Treasurer General Foreman - Water General Foreman - Public Works A) Administrative leave may not be taken in conjunction with vacation leave. In other words , administrative leave must be utilized independently of vacation leave. B) Administrative leave may not be used in inprements of more than two days (16 hours) at a time without prior approval by the City Manager. C) Administrative leave may not be taken for the purpose of conducting outside employment. Whenever any person other than one holding a covered position is first appointed to a covered position, he shall be allocated a prorated amount of administrative leave at that time, which has the same ratio to that time period between his appointment date and the end of the calendar year as a full year's allocation has to one year. It is the intent of the City Council that those persons holding a position covered by these provisions shall devote as much time to their positions as may be necess1ary for the efficient operation of the City governmen��t without compensation for overtime work and without regularly scheduled hours or days of work. S Date Adopted: June 30 , 1986 Date Effective: June 29 , 1986 Page 4 CONTINUING EDUCATION Eligible City of Redding employees who complete authorized courses taken for credit with a passing grade may, upon application, be reimbursed for the following expenses: (1) tuition, and (2) cost of required textbooks. Textbooks for which reimbursement payments are made shall become the property of the City of Redding. These textbooks will be placed in the Personnel Department library to complement this program. Employees must obtain prior approval from their Department Head and the Director of Personnel Services . Reimbursement under this program shall be limited to courses taken at Shasta College. S Date Adopted: June 30, 1986 Date Effective : June 29 , 1986 Page 5 EMPLOYEE STATUS 1 . Except for those employees who are covered by the provisions of a Memorandum of Understanding, employees will be designated as regular, probationary, part-time regular, full-time temporary, part-time temporary, part-time permanent, or City Council Members, depending upon the purpose for which they are hired and their length of continuous service with the City. 2 . A regular employee is one who has completed a probationary period as outlined in section 3 , below. 3. A probationary employee is defined as an employee hired for a full-time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature, as he becomes eligible, but shall note be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of one (1) year of continuous full-time service with the City, a probationary employee shall be given the status of a regular employee. An employee 's probationary period shall be extended by the duration of any unpaid absence of ten (10) or more consecutive work days. 4 . A full-time temporary employee is defined as an employee hired for occasional or seasonal work f'or a period not to exceed six (6) months. A full-time temporary employee shall receive not less than the minimum rate for lithe job but shall not be eligible for sick leave pay, hohhhliday pay, vacation pay, insurance coverage, retirement plan participation, or items of a similar nature, nor shall he accrue seniority, or promotion and transfer rights, or leave of absence rights. If a full-time temporary employee is reclassified to probationary status, he shall be credited with all continuous service in determining eligibility for such benefits as may accrue to him in his new status. 5. A part-time regular employee is defined as an employee who has one (1) year, or more, seniority with the City in full-time employment as a probationaryylland regular employee, and who is subsequently recategorized'I, without a break in service, to work less than full-time. PA part-time regular employee shall receive not less than the minimum rate for the job, and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation (as governed by the Public Employees ' Retirement System) , • 011 Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 6 insurance coverage (pursuant to group insurance contract provisions) , and seniority accrual , but shall not be given preferential consideration for promotion or tr1ansfer nor shall he be eligible for supplemental benefits for industrial injury, emergency leave pay, jury duty pay, ori items of a similar nature. If a part-time regular employee is reclassified to regular status , he shall be credited with all continuous service in determining eligibility for such benefits as may accrue to him in his new status. 6 . A part-time temporary employee is deflined as an employee hired for occasional or seasonal work or for employment of less than eight (8) hours per day or less than five (5) days per week, or whose work period is not regularly scheduled, and who normally works less than onelhalf (1/2) time. A part-time temporary employee shall receive not less than the minimum rate for the job, but shall not be eligible for sick leave pay, holiday pay, vacation pay, or items of a similar nature , nor shall he normally be eligible for insurance coverage or retirement plan participation, nor shall he accrue seniority, or promotion and transfer rights, or leave of absence rights. If a part-time temporary employee is reclassified to full-time temporary or probationary status, he shall not be credited with his service as a part-time temporary employee in determining eligibility for benefits, if any, as may accrue to him in his new status. 7. A part-time permanent employee is defined as an employee hired for occasional or seasonal work or for employment of less than eight (8) hours per day oar less than five (5) days per week, or whose work period is not regularly scheduled , and who normally works less than one-lhalf (1/2) time. A part-time permanent employee shall receiive not less that the minimum rate for the job, but shall not be eligible for sick leave pay, holiday pay, vacation pay, ori items of a similar nature, nor shall he be eligible for insurance coverage, however this category will require an employee to become a member of the Public Employees ' Retirement System. He shall not accrue seniority, or promotion and transfer rights, or leave of absence rights. This classification of employee status will not be used for new hires busolely for the purpose of employees changing status from that of a part-time temporary. Further, such reclassification will only be accomplished by approval of the Director of Personnel Services and the City Manager. If a part-time permanent employee is reclassified to full-time temporary or probationary status, he shall be credited with his service as a part-time employee in determining eligibility for benefits, if any, as may accrue to him in his new status. • Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 7 8 . A City Council member is defined as an elected officer elected by the citizens of the City of Redding. • Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 8 EXPENSES 1 . The following provisions shall apply only to those persons and employees not covered by the provisions of a Memorandum of Understanding to provide a fair and equitable means of reimbursing expenses incurred while conducting City business. City business is a direct result of employment with or representation of the City. It includes traveling to authorized meetings, seminars, training sessions, luncheons and other events approved by the Department Head and/or City Manager. 2. Where City business requires that an employee commute to or from work in a City owned or leashed vehicle, that employer provided vehicle can not be ugsed for any personal purposes . The value of this benefit! is to be included in the assigned employee 's gross wages at a rate established by the Internal Revenue Services (IRS) . 3 . Whenever an employee uses his personal livehicle for City business at the City's convenience, he will be reimbursed at the rate of twenty-one cents ($. 21) per mile. 4. Whenever an employee uses his personallvehicle for the employees/employers convenience for out of City travel on official City business , the total allowance for transportation shall in no case exceed the cost of tourist-class air passage if such service is 1 available. (This would include any additional expenses that would be incurred for lodging, per diem allowances, meali's and other expenses. ) If air service is not available, the alilowance for use of a personal vehicle, shall be subject to authorization by the City Manager. 5. The City is not responsible for any loss or damage, operating maintenance or repair expenses to personal vehicles used on City business. 6 . Travel time will be allowed on the same hbasis as if the employee had traveled by air. The employee will charge to the City only the time that would have been required to make the trip using airline transportation. All time in excess of air travel time will be charged to the employee. Exceptions may be authorized by the City Manager in cases where it is beneficial to the City for the empllyee to use his personal vehicle. 7. An exempt employee who is required to change his residence to accommodate his employment with the City may be compensated for moving expenses, under special circumstances, subject to approval by the City Manager. 41, Date Adopted: June 30 , 1986 Date Effective: June 29 , 1986 Page 9 8. Employees who have a temporary work assignment at such distance that it is impractical for them to return to their regular place of abode will be allowed actual personal expenses for board and lodging for the duration of such assignment provided they board and lodge at places to be approved by the City. The time spent by such employees in traveling to such temporary assignment at its beginning, to and from home on holidays and weekends, and from such temporary assignment at its conclusion and any reasonable expense incurred thereby will be paid by the City. 9 . For Council members, elected officials, appointed members of City commissions, and all officersland exempt employees a maximum per diem allowance of sixty-five dollars ($65. 00) per day may be paid while such persons are traveling on official City business. 10. Where the per diem allowance listed in Section 9 is inadequate, an actual claim for reimbursement may be made to the City Manager. Receipts must be provided to obtain reimbursement. 11 . An optional meal allowance may be paid at the following rates : Dinner $15 . 00 Lunch 7. 00 Breakfast 5. 00 12. When meals are included in the registration fees or transportation charges , adjustment of the per diem or meal allowance will be made. 13. Payments for meals may be reimbursed at actual cost if that amount is equal to or less than that specified in Section 11 . Circumstances may justify a larger amount which will be subject to approval by the City Manager. ) Alcoholic beverages are not a reimbursable expense and should be paid for separately by the employee. Receipts for meals must be provided in order to obtain reimbursement. 14 . Reimbursement of meal expenses incurred when conducting business on behalf of the City shalllbe allowed providing itemized receipts are submitted detailing the guest' s name, position, and organization. Such expenses shall be limited to advisory boards, commissions, and such other guests at meetings or conferences as reasonably borne by City expense as recommended by the Department Head and approved by the City Manager. 4111 Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 10 15 . Reimbursement for reasonable costs incurred for the following incidental expenses shall be permitted providing such expenses are justified and itemized: Registration Tips and other gratuities Taxi, bus and other local transportation fares Business telephone calls and telegrams Such other justifiable incidental expenses 16 . Employees will be reimbursed for actual expenses only. Any savings realized by employees by rile sharing, lower accommodation costs, etc. , shall accrue to the City. 411/ Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 11 FUNERAL LEAVE 1 . Except for those employees who are covered by the provisions of a Memorandum of Understanding, regular and probationary employees who are absent from workIdue to the death of a member of the employee' s "immediate family" shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed forty (40) working hours. "Immediate family" as used herein includes only employee ' s spouse; children, grandchildren, brothers, sisters, parents, or grandparents or either spouse; or other persons who are living in the employee 's immediate household. 2 . Regular employees who are absent from work to attend the funeral of a person other than an immediate family member shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed one (1) regularly scheduled work day. 4110 Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 12 GRIEVANCE PROCEDURE Any grievance which may arise between a regular employee or his representative and the City with respect to the interpretation or application of any of the terms and conditions of employment, and with respect to such matters as the alleged discriminatory or arbitrary discharge, demotion or discipline of an individual employee, shall beldetermined by the provisions of this procedure, except that such matters which are included in the definition of impasse as set forth in Resolution No. 4217 are not a grievance. Probationary employees shall not be entitled to invoke the Grievance Procedure with regard to matters of discharge, or demotion. This shall not, however, prevent a probationary employee from exercising any other rights under this procedure. Every employee designated by the City to hear the grievance of a subordinate shall have the authority to settle that grievance. Step 1 : The initial step in the adjustment of a grievance shall be a discussion between the employee or his representative and the immediate Supervisor directly involved, Division Head or Department Head as applicable, who will answer within ten (10) days . This step shall be started within thirty (30) days of the date of the action complained of or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the employee. Step 2 : If a grievance is not resolved in the initial step, the second step shall be a discussion between either the employee or his representative and the Director of Personnel Services who shall answer within tent (10) days. This step shall be taken within ten (10) days of the date of the Department Head's answer in Step 1 . The foregoing steps may be supplemented by written presentations as well as the oral discussions required above. Step 3 : If a grievance is not resolved in the second step of this procedure, the third step shall be the presentation of the grievance, in writing, by the employee or his representative, to the City Manager who shalllanswer, in writing, within ten (10) days . The third step shall be taken within ten (10) days of the date of the answer in Step 2. Step 4: (a) If a grievance is not resolved in the third step of this procedure, the fourth step shall be referral by either the City or the employee or his representative to arbitration, or the employee may elect, at his or her option, 1 4110 Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 13 to appeal to the City Council in private or public personnel session pursuant to the authority contained in the Redding Municipal Code. The fourth step shall be taken within twenty (20) days of the date of the answer in Step 3 . (b) An Arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration. In the event that City and the employee or his representative are unable to agree on the selection of an Arbitrator, they shall request the State of California Mediation and Cpnciliation Service to nominate five (5) persons to be the Arbitrator. The City and the employee or his representative each will alternately challenge two (2) of such nominees, the party having the first challenge to be determined by lot. The remaining nominee shall be accepted as the Arbitrator and his compensation and expenses shall be borne equally by the City and the employee. Notwithstanding the foregoing, the City and the employee may, by mutual consent, agree on a single arbitrator to hear grievances, on the same colst sharing basis . The City and the employee shall pay the compensation and expenses of their respective appointees ancl witnesses . At the employee 's or his representative ' s request, the City shall release employees from duty to participate in arbitration proceedings. (c) The Arbitrator shall hold such hearing and shall consider such evidence as to the Arbitrator appears necessary and proper. The decision of the Arbitrator shall be final and binding on City and the aggrieved employee and his representative, provided that such decision does not in any way add to, disregard or modify any of the provisions of City policies, resolutions or ordinances . Failure by the employee to meet any of the aforementioned time limits as set forth in Steps �1 , 2 , 3 and 4 (a) will result in forfeiture; except, however, that the aforementioned time limits may be extended 1 by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of Cityl policies, resolutions or ordinances, nor shall such settlements be cited by either party as evidence in the setitlement of subsequent grievances . 411411 111111 Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 14 GROUP INSURANCE 1 . Except for those employees covered by the provisions of a Memorandum of Understanding, all regular and probationary employees are eligible to participate in a group insurance benefit program effective the first day of employment except for long term disability insurance which shall be effective upon the first day of the month following completion of one (1) year's employment. City Council members may participate in the City' s group health insurance program in the same manner as regular and probationary employees. The City shall pay the full cost of the program for both employees and dependents. The highlights of the benefits are: 1) Life Insurance: Twice annual salary for employee, $3 , 000 for employee' s dependents . 2) Health Benefits: $100 deductible per person per year except for accidents which shall have none; 80% payable for first $5,000 of eligible charges, except for hospital charges which are 100% payable; 100% thereafter up to one million dollars lif$ime limit; professional fees based upon U.C.R. ; normal typical exclusions and limitations. 3) Dental Benefits: No deductible and 100$ of U.C.R. for prevention; no deductible and 50% up to $1,500 per lifetime per person for orthodontia; $25 deductible and 80% of U.C.R. up to $1 , 500 per person per year for all other eligible charges . 4) Long Term Disability: After six (6) months 50% of employee ' s salary integrated with all other income benefits payable to age 65. The City will pay for sworn Police management employees the same amount toward long term disability benefits as his paid for miscellaneous employees . 2. The City will pay fifty percent (50%) of the group medical insurance program premium for each retiree and dependents, if any, presently enrolled and for each retiree in the future who goes directly from active) status to retirement and continues the group medical insuraInce without a break in coverage. Payments by the City will be discontinued upon the death of the retiree or upon termination of group medical insurance coverage. The City will not contribute payments on behalf of any retiree except as set forth above. Following the death of a retiree the surviving spouse, if any, may continue the insurance at their own expense. 411• • 1 Date Adopted: June 30 , 1986 Date Effective: June 29 , 1986 Page 15 3 . For sworn Police management employees , the City will reimburse costs not covered by the City' s health b,Ienefit plan for the first six (6) visits for treatment of mental and nervous disorders , provided the employee submits the necessary documentation to support the expense and a request for reimbursement to the Director of Personnel Services. 4110 411111 Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 16 HOLIDAYS 1 . Except for those employees who are covered by the provisions of a Memorandum of Understanding, or who are assigned to twenty-four (24) hour shifts, regular and probationary employees, except as otherwise provi1ided herein, shall be entitled to have the following holidays off with pay: Fixed Holidays: A) January 1st (New Year ' s Day) B) The third Monday in February (George Washington ' s Birthday) C) The last Monday in May (Memorial Day) D) July 4th E) First Monday in September (Labor Day) F) Thanksgiving Day G) Friday after Thanksgiving Day H) The last four (4) work hours before Christmas I) December 25th (Christmas Day) Floating Holidays: A) Lincoln Day B) Employee' s Birthday C) Columbus Day D) Veterans Day If any of the foregoing holidays falls on a Sunday, the Monday following shall be observed as the holiday, except by those employees who are regularly scheduled to work on Sunday other than on an overtime basis. Employees who arae regularly scheduled to work on Sundays shall observe such holidays on Sunday. If any of the foregoing holidays falls on a Saturday, the preceding Friday shall be observed as the holiday, except by those employees who ares regularly scheduled to work on Saturday other than on an overtime basis. Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any of 41/ 0 • . Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 17 the foregoing holidays fall on any day from Monday through Friday, inclusive, and that day is a regularity scheduled non-workday for an employee, such employee shall be entitled to receive another workday off with pay, to be scheduled in the same manner as vacation days are normally scheduled. Notwithstanding the foregoing an employee may observe his birthday holiday on his birthday or anytime during the pay period in which the birthday occurs, or the holiday may be deferred and scheduled as vacations arle normally scheduled. The holidays known as Lincoln Day, Columbus Day, and Veterans Day shall be scheduled by employeel1s and their supervisors in the same manner as vacations dlre normally ... scheduled. When an employee is required to work on a floating holiday he shall receive pay at the straight time rate. 2 . Notwithstanding the foregoing, employees may be scheduled to work on holidays, in which event any such employee will, in addition to his holiday pay, be compensated therefortherefor at the overtime rate of pay for all time worked on such days . An employee may, however, at his option, elect to observe that holiday at another time, to be scheduled in the same manner as vacation days are normally scheduled, in which event, any such employee will only be compensated for time worked on that day at the overtime rate of pay and shall not receive holiday pay for such day. 3 . If an employee is in a non-pay status on both workdays immediately adjacent to the holiday, he shall not receive pay for the holiday. 4 . Part-time regular employees shall not observe the foregoing holiday provisions, but shall accrue holiday pay on a prorated basis at the rate of forty-eight thousandths ( .048) of an hour for each regular hour worked or on paid leave. 411111 411111 Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 18 HOURS AND OVERTIME 1 . The following provisions shall only apply to those employees not covered by provisions of a' Memorandum of Understanding. 2 . All regular employees will receive full time employment for each workweek employed, provided they report for duty and are capable of performing their wor . This is not to be interpreted that the City does not retai1n the right to lay off or release employees on account of lack of work or other valid reason at the end of the workweek. 3 . Each employee shall report for work at his regularly established headquarters and shall return thereto at the conclusion of the day' s work and the time spent i�n traveling between such headquarters and the job site shall be considered as time worked. 4 . A workweek is defined to consist of seven (7) consecutive calendar days , Sunday through Saturday, and except as otherwise provided, a basic .workweek his normally defined to consist of five (5) consecutive workdays of eight (8) hours each. The basic workweek may begin onl any day of the week or at any hour of the day during the workweek. 5 . Except as otherwise provided herein, overtime is defined as (a) time worked in excess of forty (40) or sixty (60) hours as applicable in a workweek, (b) time worked in excess of eight (8) or ten (10) hours as applicable on a scheduled workday, (c) time worked on a non-workday, (d) time worked outside of regular hours on a workday, and (e) time worked on a holiday. Overtime shall be computed to the nearest one-quarter (1/4) hour. For part-time employees, other than fire suppression or twenty-four (24) hour shift employees, overtime is defined as time worked in excess of forty (40) hours in a workweek. For par ,-time fire suppression or twenty-four (24) hour shift employers overtime is defined as time worked in excess of two hundred forty (240) hours in a work period. A work period is delfined as it is for other regular twenty-four (24) hour shift employees. Such definition is presently set forth in 9. 2 (b) of the Memorandum of Understanding between the City of Redding and Local Union 1934 International Association of Fire Fighters as it was amended effective June 29 , 1975. 6 . Overtime compensation shall be paid at a rate equivalent to one and one-half (1-1/2) times the regular rate of pay, or at the employee ' s option, providing itllis legally permissible and has City approval, the employee may elect to receive time off with pay at the rate of one and one-half 411111 411110 . • Date Adopted: June 30 , 1986 Date Effective : June 29 , 1986 Page 19 hours off for each overtime hour worked. For non-exempt employees , compensatory time ::off with pay shall be scheduled in the same manner as vacations are normally scheduled. The maximum accumulated compensatory time an employeelimay keep on the books at any time shall be limited to a maximum of two hundred forty (240) hours, as outlined in the Fair Labor Standards Act amendments of 1985 , before the City must provide overtime pay. 7 . Officers and exempt employees shall not receive any compensation for overtime work, except for exempt employees of the Fire Department when ..ton duty for the State Office of Emergency Services . In those situations the exempt employee . shall receive the difference, if any, between !his regular salary and the State payment when in State Service on a regularly scheduled workday and on a non-workday the employee shall receive the State payment. 8 . Employees who are :entitled to overtime pay and who are required to report for work on their non-workdays , or on holidays they are entitled to have off, or outside of their regular hours on workdays., shall be paid overtime compensation for the actual time worked, but in ro event for less than two (2) hours compensation. If an employee who is called out for such work outside of his regular hours on a workday continues to work into-. his regular hours, he shall be paid overtime compensation.only for the actual time worked. If an employee performs overtime work immediately following the end of his regular shift, he shall be paid overtime compensation only for the actual time worked. ill • • Date Adopted: June 30, 1986 Date Effective: June 29, 1986 Page 20 INDUSTRIAL INJURY 1 . Except for those employees who are covered by the provisions of California Labor Code Section 4850 or a Memorandum of Understanding, whenever any regular employee who is a member of the Public Employees ' Retirement System is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his duties, which comes within the application of the Workers ' Compensation and Insurance Chapters of the State Labor Code, he shall become entitled, regardless of his period of service with the City to compensation at the rate of eighty-five percent (85%) of his regular salary, in lieu of temporary disability payments, if any, which would be payable under the StatelLabor Code, for the period of such disability but not exceeding six (6) months or until such earlier date as he is (retired on permanent disability pension. At the conclusion of six (6) months of receipt of supplemental benefits at the rate of eight-five (85) percent of regular salary, any regular employee who is still unable to return to work and is still receiving temporary disability indemnity payments shall become entitled to receive supplemental benefitslat the rate of seventy percent (70%) of his regular salary for the period of such disability but not exceeding six (6) months or until such earlier date as the employee is retired on permanent disability pension through the Public Employees Retirement System. In consideration of this benefit, the regular employee shall pay over to the City any temporary or permanent disability compensation received, whether from Workers ' Compensation, employee group insurance benefits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which he may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. 2. An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within his ability to perform, with the consent of the employee 's physician. The duration of any such period of temporary work shall be determined by City. Such employee shall be compensated at the then current rate of pay of his regular classification while engaged in such temporary duties. The City may require an employee being considered for return to work after an absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically and mentally fit 41/ 111 1 Date Adopted: June 30 , 1986 Date Effective: June 29 , 1986 Page 21 and able to perform the duties of his position without hazard to himself, or to his fellow employees, or to his own permanent health. 3. If a third party is found to be responsible for the employee's industrial injury and the employee recovers a judgment in damages from said third party, then all supplemental benefits received as provided for in Section 1 not already repaid from the other sources mentioned in Section 1 shall be repaid to the City by the employee. 4 . Vacation and sick leave shall be accrued while a regular employee is absent from work as a result of a job related disability and receiving the supplemental benefits to Workers ' Compensation temporary disability compensation as set forth in Section 1 or the benefits of Section 4850 of the Labor Code of the State of California for the period of such disability, but not exceeding one (1) year. All regular and probationary employees who are receiving Workers ' Compensation temporary disability benefits, may nelvertheless, at their option, maintain their group insurance coverage during the period in which they are receiving temporary disability compensation for up to a maximum of di cumulative total of five (5) years. Holidays which occuduring the period for which an employee is receiving) temporary disability compensation shall not be recognized by such employee for compensation purposes . 410 Date Adopted: June 30 , 1986 Date Effective: June 29 , .1986 Page 22 1 JURY DUTY • 1 . Except for those employees who are covered by the • provisions of a . Memorandum of Understanding, al.reguiar or probationary employee who • is summoned for jury duty and is thus unable to perform • his regular duties will be paid for the time lost at his regular rate of pay. 2. Whenever any employee is subpoenaed to testify in court as a result of his employment and is thus unable to perform his regular duties, he shall be paid for all regular time lost. • 41/ 11, • • Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 23 LEAVE OF ABSENCE 1 . Except for those employees who are covlered by the provisions of a Memorandum of Understanding, leave of absence may be granted to regular employees by the City 'Manager for urgent and substantial reasons, up to a maximum off one year, providing satisfactory arrangements can be made to perform the employee ' s duties without undue interfereri�ce with the normal routine of work. Inability to return to work after an employee 's sick leave has been exhausted will be considered as an urgent and substantial reason and in such cases a leave will be granted. 2 . A leave will commence on and include the first workday on which the employee is absent and terminates with and includes the workday preceding the day tile employee returns to work. 3 . All applications for leave of absence shall be made in writing except when the employee is unable topo so. The conditions under which an employee will be *stored to employment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. Upon an employee' s return to work after a leave of absence, he will be reinstated to! his former position and working conditions, providing that hey is capable of performing the duties of his former position, except that if there has been a reduction of forces or his position has been eliminated during said leave, he will be returned to the position he would be in, had he not been on a leave of absence. 4 . An employee ' s status as a regular employee will not be impaired by such leave of absence and his senliority will accrue. 5. If an employee fails to return immedialtely on the expiration of his leave of absence or if he accepts other full-time employment while on leave, he will thereby forfeit the leave of absence and terminate his employment with the City. 6. An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group insurance coverage. An employee may, however, at his option and expense, maintain his group insuranhce coverage providing the full monthly premium is received by the City Treasurer on or before the first day of the month for which the premium is intended. Notwithstanding the abov°e, however, if the leave of absence is as a result of exhaustion of sick leave benefits an employee ' s group insurance may be • O • t Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 24 maintained for up to three (3) calendar months on the normal premium-sharing formula, providing the employee pays his share of the premium on a timely basis. III III • • . Date Adopted: June 30 , 1986 Date Effective: June 29 , 1986 Page 25 RETIREMENT PROGRAM 1 . All regular and probationary employees are covered by a State of California Public Employees ' Retirement System program pursuant to an existing contract with' the Public Employees ' Retirement System. Elected officers may elect membership in the Public Employees ' Retirement System pursuant to Government Code Section 20361 . Thie City pays seven percent (7%) of the employee ' s normal contribution to the Public Employees ' Retirement System. 2 . For sworn public safety employees not covered by the provisions of a Memorandum of Understanding and covered by a State of California Public Employees ' Retirement System program pursuant to an existing contract with the Public Employees ' Retirement System, the major features are: For Police Management Employees : Effective June 30, 1985, the City provided the two percent (2%) at age fifty (50) benefit formula; normal retirement age fifty (50) ; one (1) year's compensation in formula; 1959 Survivor's Benefits; Post-Retirement Survivors allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit; City pays seven percent (7%) of employee 's cost; and military service credit. The City-paid seven percent (7%) of the employee' s normal contribution to the Public Employees ' Retirement System is credited to the members ' cpntribution account and will be refunded to the member upon termination if he withdraws from the retirement system and requests a refund. For Fire Management Employees: Effective June 29 , 1986, the City provided the two percent (2%) at agel fifty (50) benefit formula; normal retirement age fifty (51i0) ; one (1) year' s compensation in formula; 1959 Survivors Benefits; Post-Retirement Survivors allowance; credit for enused sick leave; fifty percent (50%) ordinary disability benefit; City pays seven percent (7%) of employee's cost; and military service credit. The City-paid seven percent (7%) of the employee ' s normal contribution to the Public Employees ' Retirement System is credited to the members ' cpntribution account and will be refunded to the member upon termination if he withdraws from the retirement system and requests a refund. • 111111 III . Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 26 SICK LEAVE 1 . Except for those employees who are covered by the provisions of a Memorandum of Understanding, sicklleave with pay shall be accumulated for each regular, probationary, and part-time regular employee at the rate of forty six thousandths ( . 046) of an hour for each regular hour worked, or on paid leave. Accrual rate approximately one (1) day per month. ) 2. Sick leave shall be allowed for a non-work-related absence due to: (a) the inability of an employee to be present or perform his duties because of personil illness, off-duty injury, or confinement for medical treatment; (b) personal medical or dental appointments, which are impractical to schedule outside of regular working hours; (c) the need to be present during childbirthsurgery, critical illness or injury involving members of the immediate family as defined in Funeral Leave policies for up to one (1) regularly scheduled workday per incident. For all Management employees, up to forty (40) hours per incident. 3 . Management may require satisfactory evidence of sickness or disability before payment for sick leave will be made. The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination by a physician or physicians approved by City for thelpurpose of determining that such employee is physically fit and able to perform the duties of his former position without hazard to himself, or to his fellow employees, or to his own permanent health. Such examination or examinations shall be at the sole expense of the City. 4 . If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave, he shall receive pay for the holiday as such, and it shall not be counted as a day of sick leave. 5. Any employee who after ten (10) years of service to the City terminates employment shall be paid at the employee 's regular pay rate for thirty-three and one-third. percent (33 1/3%) of the employee' s accumulatedOsick leave hours reduced by the amount of any bonus vacation hours the employee has previously received pursuant to Section 2 of the City' s vacation policy. An employee may, however, at the employee's option, elect to waive the foregoing benefit and in lieu thereof receive credit for said unused sick leave toward the employee' s retirement benefit through the Public Employee' s Retirement System, pursuant to the contract Ie s . Date Adopted: June 30 , 1986 Date Effective: June 29 , 1986 Page 27 between the City of Redding and the Public Employees ' Retirement System. III i 4i Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 28 UNIFORM ALLOWANCE Except for those employees covered by a Memorandum of Understanding, a uniform allowance shall be granted to those miscellaneous sworn and non-sworn employees requiLred to wear a uniform as part of their normal job duties as opposed to occasional ceremonial functions, as follows: Animal Control $300 Fire Miscellaneous Employees $300 Fire Chief $334 Assistant Fire Chief $334 Fire Marshal $334 Assistant Fire Marshal $334 Police Miscellaneous Employees $300 Police Captain $425 Police Lieutenant $425 The uniform allowance is normally paid in Jluly of each year and is for the purpose of maintenance and replacement of uniforms for the ensuing fiscal year. The allowance is not a reimbursement for the prior year. The firs+t clothing allowance shall be a prorated amount for that period of time from the employee ' s date of employment to the following July 1 . 41111/ Date Adopted: June 30, 1986 Date Effective: June 29 , 1986 Page 29 VACATIONS 1 . Except for those employees who are covipred by the provisions of a Memorandum of Understanding', regular, probationary, and part-time regular employees of the City shall accrue vacations with pay as follows: A) At the rate of thirty-nine thousandths ( . 039) of an hour for each regular hour worked, or on paid leave, from the date of employment through the one hundred fourth (104th) full pay period of employment. (Accrual rate approximately two (2) weeks per year up to four (4) years of services. ) B) At the rate of fifty-eight thousandths ( . 058) of an hour for each regular hour worked, or on paid leave, from the one hundred fourth (104th) full pay period through the two hundred thirty-fourth (234th) full pay period of employment. (Accrual rate approximately three (3) weeks per year after four (4) years of service. ) C) At the rate of sixty-eight thousandths ( . 068) of an hour for each regular hour worked, or on paid leave, from the two hundred thirty-fourth (234th) full pay period through the three hundred sixty-fourth (364th) full pay period of employment. (Accrual rate approximately three and one-half (3-1/2) weeks per year after nine (9) years of services. ) D) At the rate of seventy-seven thousandths ( .077) of an hour for each regular hour worked, or on ipaid leave, from the three hundred sixty-fourth full pay period of employment through the four hundred ninety-fourth (494th) full pay period of employment. (Accrual rate approximately four (4) weeks per year after fourteen (14) years of service. ) E) At the rate of eighty-seven thousandths ( . 087) of an hour for each regular hour worked, or on paid leave, from the four hundred ninety-fourth (494th) full pay period through the six hundred twenty-fourth (624th) full) pay period of employment. (Accrual rate approximately four alnd one-half (4-1/2) weeks per year after nineteen (19) years of service. ) F) At the rate of ninety-six thousandths ( . 096) of an hour for each regular hour worked, or on paidlleave, from and after the six hundred twenty-fourth (624t4) full pay period of employment. (Accrual rate approximately five (5) weeks per year after twenty-four (24) years of service. ) G) A full pay period as used herein is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours. • 4I/ II, 411111 . Date Adopted: June 30, 1986 Date Effective: June 29, 1986 Page 30 H) For purposes of establishing the number of pay periods and therefore the vacation accrual rate as set forth in (a) through (f) above, previous periods of full-time regular employment with the City shall be used, including probationary periods which resulted in attainment of regular employee status . 2. In each of the first five (5) calendar years, except for the first calendar year, following his employment date an employee who has used twenty-four (24) hours or gess of paid sick leave in the preceding year shall be entitlIed to eight (8) hours of bonus vacation in addition to ally vacation allowance the employee is entitled to as set forth in Section 1 . In the tenth (10th) calendar year following an employee ' s employment date and in each fifth (5th) calendar year thereafter an employee who has used one hundred twenty 120) hours or less of sick leave during the five preceding calendar years shall be entitled to forty (40) hours of bonus vacation in addition to the vacation allowance the employee is entitled to as set forth in Section 1 . 1 The bonus vacation, as herein provided, vests on the first day of each year in which an employee qualifies for a bonus valcation. An employee acquires no right to all or any part off the bonus vacation unless such employee works in the calendar year in which it is granted. (Effective January 1 , 1982. ) 3. Vacation cannot be accrued while an employee is in a non-pay status. 4 . Vacations will be scheduled throughout the calendar year. Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period, provided, however, that if Ithe senior employee splits his vacation by requesting less than a full year's allowance to be scheduled on consecutive workdays, his preferential rights shall only apply on one period in that calendar year prior to all other employees bNeing given consideration in the selection of their first choice vacation period. 5. The City shall not require an employee to take his vacation in lieu of sick leave or leave of absence on account of illness. 6. If a holiday which an employee is entitled to have off with pay occurs on a workday during the employee' s vacation period, such employee will be entitled to an additional day of vacation and will be compensated for same. Date Adopted: June 30, 1986 Date Effective: June 29, 1986 Page 31 7. Employees whose employment with the City is terminated for any reason shall, at the time of termination, receive any unused vacation period previously earned. 8 . For Management employees , whenever any employee has accrued one hundred twenty (120) hours or mare vacation allowance as set forth in Section 1 (a-h) , the City will, at the employee ' s option, compensate the employee for up to forty (40) hours of accumulated vacation during any fiscal year. � . III III III • Date Adopted: June 30 , 1986 Date Effective: June 29 , 1986 Page 32 WAGES AND CLASSIFICATIONS 1 . The following provisions shall only apply to those employees other than part-time employees and otherlthan those covered by the provisions of a Memorandum of Understanding. 2. Except as otherwise provided, employes shall be paid the wage established for their classification. Upon initial appointment to a classification an employee shall normally be paid the lowest wage rate for that classification. An employee may, however, be paid a wage rate above the lowest wage rate if circumstances justify it. When an employee is appointed to a classification 'which has a wage range overlapping the wage range of his previous classification, he shall be paid at the wage rate of the classification to which he is being appointed, which is next higher to his present wage rate, but not more than the top wage rate of the classification to which he is appointed. After thirteen (13) full pay periods of employment at Salary Step 1 , an employee shall be advanced to Salary Step 2. After twenty-six (26) full pay periods of employment at Salary Step 2, an employee shall be advanced to Salary Step 3. After twenty-six (26) full pay periods of employment at Salary Step 3, an employee shall be advanced to Salary Step 4 . After twenty-six (26) full pay periods of employment at Salary Step 4 , a employee shall be advanced to Salary Step 5. A full pay period as used herein is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours. 3 . Wages shall be paid at bi-weekly intervals on Fridays for a pay period ending no earlier than the preceding Saturday. If a pay day falls on a holiday, payments shall be made on the preceding workday. 4. When an employee is temporarily assigned to work in a classification lower than his regular classification, his rate of pay will not be reduced.