CC Resolution 1988-029^!6^ 149
RESOLUTION NO. 88-29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LA QUINTA, CALIFORNIA,
ESTABLISHING PERSONNEL SYSTEM RULES
PURSUANT TO MUNICIPAL CODE SECTION
2.08.060 B).
WHEREAS, the City Council is authori*ed and directed under the
provisions of Municipal Code Section 2.08.060 B) to adopt rules for
the administration of the personnel system created in said ordinance;
and
Cr) WHEREAS, the objectives of these rules are to facilitate
* efficient and economical services to the public and to provide for an
m equitable system of personnel management in the municipal government;
and
WHEREAS, these rules set forth in detail those procedures which
insure similar treatment for those who compete for original
employment and promotion, and define many of the obligations, rights,
privileges and prohibitions which are placed upon all employees in
the competitive service of the City; and
WHEREAS, at the same time, within the limits of administrative
feasibility, considerable latitude shall be given the City Manager
and the Personnel Director in the interpretation of these rules.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of La Quinta, California, does hereby adopt the following rules:
RULE I. DEFINITION OF TERMS
The terms used in these rules shall have the meanings as defined
below:
SEC. 1. 1Advancement'1: A salary increase within the limits of a
pay range established for a class.
SEC. 2. Allocation'1: The assignment of a single position to its
proper class in accordance with the duties performed, and the
authority and responsibilities exercised.
SEC. 3. Appointment Authority": The officers of the City who,
in their individual capacities, or as a city council, have the final
authority to make the appointment to the position to be filled.
SEC. 4. Class": All positions sufficiently similar in duties,
authority, and responsibility, to permit grouping under a common
title in the application with equity of common standards of
selection, transfer, demotion and salary.
SEC. 5. 1competitive Service11: All positions of employment in
the service of the City except those excluded by the Personnel
Ordinance.
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SEC. 6. Days": Means calendar days unless otherwise stated.
SEC. 7. Demotion'1: The movement of an employee from one class
to another class having a lower maximum base rate of pay.
SEC. 8. Disciplinary Action": The discharge, demotion,
reduction in pay, or suspension of a regular employee for punitive
reasons and not for any non-punitive reasons.
SEC. 9. Eligible": A person whose name is on an employment list.
SEC. 10. Employment List":
a) Open Employment List: A list of names of persons who have
cy) taken an open-competitive examination for a class in the
competitive service and have qualified.
I) b) Promotional Employment List: A list of names of persons
who have taken a promotional examination for a class in the
competitive service and have qualified.
SEC. 11. Examination"
a) Open-competitive Examination: An examination for a
particular class which is open to all persons meeting the
qualifications for the class.
b) Promotional Examination: An examination for a particular
class which is open only to employees meeting the
qualifications for the class.
c) Continuous Examination: An open competitive examination
which is administered periodically and as a result of which
names are placed on an employment list, in order of final
scores, for a period of not more than one year.
SEC. 12. Lay-Off": The separation of employees from the active
work force due to lack of work or funds, or to the abolition of
positions by the City Council for the above reasons or due to
organization changes.
SEC. 13. Part-Time Employee": An employee who is appointed to
work less than 40 hours per week. Part-time employees shall not be
eligible to receive fringe benefits other than Workers' Compensation
Insurance.
SEC. 14. Personnel Ordinance": Ordinance No. 110 which creates a
personnel system for the City.
SEC. 15. Position": A group of duties and responsibilities in
the competitive service requiring the full-time or part-time
employment of one person.
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SEC. 16. probationary Period": A period to be considered an
integral part of the examination, recruiting, testing and selection
process during which an employee is required to demonstrate fitness
for the position to which the employee is appointed by actual
performance of the duties of the position.
SEC. 17. Promotion": The movement of an employee from one class
to another class having a higher maximum base rate of pay.
SEC. 18. provisional Appointment": An appointment of a person
who possesses the minimum qualifications established for a particular
class and who has been appointed to a position in that class in the
absence of available eligibles. In no instance shall a provisional
appointment exceed six months.
Cr)
SEC. 19. Regular Employee": An employee in the competitive
0 service who has successfully completed the probationary period and
has been retained as hereafter provided in these rules.
SEC. 20. Reinstatement": The restoration without examination of
a former regular employee or probationary employee to a
classification in which the employee formerly served as a regular
non-probationary employee.
SEC. 21. Relief of Duty": The temporary assignment of an
employee to a status of leave with pay.
SEC. 22. Suspension": The temporary separation from service of
an employee without pay for disciplinary purposes.
SEC. 23. Temporary Employee": An employee who is appointed to a
non-regular position for a limited period of time.
SEC. 24. Transfer": A change of an employee from one position to
another position in the same class or in a comparable class.
RULE II. GENERAL PROVISIONS
Sec. 1. Purpose: It is the purpose of these personnel rules to
facilitate efficient and economical services to the public and to
provide for a fair and equitable system of personnel management for
the City of La Quinta.
These rules set forth procedures for original employment and
promotion, and define the obligations, rights, privileges, benefits
and prohibitions which are applicable to all employees of the City.
Sec. 2. Fair Employment Practices: Any technique or procedure
used in recruitment and selection of employees shall be designed to
measure only t*e job related qualifications of applicants. No
recruitment or selection technique shall be used which, in the
opinion of the Personnel Director, is not justifiably linked to
successful job performance.
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Appointments of individuals will be made on the basis of merit and
ability. No appointment of a qualified person to, or removal from, a
position in the City's personnel system shall be affected or
influenced in any manner by any consideration of handicap, race,
color, ethnic or natural origin, age, sex, political or religious
affiliation.
Sec. 3. Conflict of Interest Code: City personnel may be
required to file Conflict of Interest statements in conformance with
Resolutions passed by the City Council.
RULE III. CLASSIFICATION AND COMPENSATION PLAN
Sec. 1. Preparation of Plan: The Personnel Director, or a person
Cr) or agency employed for that purpose, shall ascertain and record the
duties and responsibilities of all positions in the competitive
service and shall recommend a classification plan for such
m positions. The classification plan shall consist of classes of
positions in the competitive service defined by class specifications,
including the title. The classification plan shall be so developed
and maintained that all positions substantially similar with respect
to duties, responsibilities, authority, and character of work are
included within the same class, and that the same schedules of
compensation may be made to apply with equity under similar working
conditions to all positions in the same class.
Sec. 2. Adoption, Amendment and Revision of Plan: The
classification plan shall be adopted by the City Manager and may be
amended from time to time. During the process of consideration, any
recognized employee organization affected shall be advised.
Amendments and revisions of the plan may be suggested by any
interested party, including any recognized employee organization, and
shall be submitted to the City Manager.
Sec. 3. Allocation of Positions: Following the adoption of the
classification plan and consultation with any recognized employee
organization affected, the Personnel Director shall allocate every
position in the competitive service to one of the classes established
by the plan.
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Sec. 4. New Positions: A new position shall not be created and
filled until the classification plan has been amended to provide
therefore and an appropriate employment list established for such
position.
Sec. 5. Reclassification: Positions, the assigned duties of
which have been materially changed by the City so as to necessitate
reclassification, whether new or already created, shall be allocated
by the Personnel Director to a more appropriate class.
Reclassifications shall not be used for the purpose of avoiding
restrictions concerning demotions and promotions, nor to effect a
change in salary in the absence of a significant change in assigned
Y) duties and responsibilities.
Sec. 6. Compensation: The compensation plan includes the basic
m
salary schedule as adopted by the City Council and subsequent
amendments thereto, and the assignment of the various classes of
positions to the appropriate ranges in the salary schedule.
Sec. 7. Maintenance of the Compensation Plan: The compensation
plan is intended to provide fair compensation for all classes of
employees. Adjustments to the compensation plan shall be recommended
by the City Manager and approved by the City Council.
Sec. 8. Setting Salaries: All salaries and compensation of
officials and employees of the City shall consist of their regular
salary and compensation as set forth in the annual fiscal budget of
the City as approved by the City Council.
Salaries may be adjusted and amended in excess of that shown in the
budget throughout the fiscal year, upon recommendation of the City
Manager and approval of the City Council.
Sec. 9. Payment of Salaries: Salaries shall be paid upon demands
audited and allowed by the Director of Finance.
Sec.lO. Compensation Range: where a range is assigned, the range
shall include five 5) salary steps, each step approximately five
percent 5%) higher than the preceding step.
Sec.ll. Step Advancement in Rate of Compensation:
A. Salary Steps
1. Step A shall be entry level step for new employees
in all classifications in this unit.
2. Step B A unit employee who receives an evaluation
that meets or exceeds standards should receive this
step after completion of six 6) months of service in
Step A in the same classification pursuant to Rule VIII.
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3. Step C A unit employee who receives an evaluation
that meets or exceeds standards should receive this
step after completion of one 1) year of service in
Step B in the same classification.
4. Step D A unit employee who receives an evaluation
that meets or exceeds standards should receive this
step after completion of one 1) year of service in
Step C in the same classification.
5. Step E A unit employee who receives an evaluation
that meets or exceeds standards should receive this
a) step after completion of one 1) year of service in
Step D in the same classification.
C*) 6. A unit employee who receives an evaluation that is
below standards shall not be advanced to the next step
Co until they receive an evaluation that meets or exceeds
standards of performance. Unit employees so affected
shall be reevaluated within ninety 90) days. Any
employee denied a step increase shall be notified in
writing of reasons for denial.
Sec.12. Effective Date of Step Increases and Extra Compensation:
All step increases and extra compensation shall be made effective at
the start of the next regular pay period.
Sec.13. Exceptional Advancement: In cases wherein an employee
demonstrates exceptional ability and proficiency, such person may be
advanced to a higher step within a range without regard to the
minimum length of service provisions contained in this Rule.
Sec.14. Periodic Performance Evaluation Review: After the first
six 6) months of service, and annually thereafter, a performance
evaluation review shall be prepared by the Department Head and
approved by the city Manager. In the case of the annual performance
evaluation review of the City Manager, the City Council shall prepare
the evaluation.
Sec.15. Promotion: An employee receiving a promotion to another
position having a range number higher than the position he occupied
shall commence service in the higher range at a salary step which is
a minimum of five percent 5%) increase above the prior rate he/she
was receiving when promoted.
Sec.16. Demotion: When a personnel action, such as a demotion due
to layoff, reallocation, or reclassification, or job rehabilitation
results in the lowering of the incumbent unit employee's salary
range, the affected incumbent's salary shall be set at the step rate
in the lower pay range which provides the smallest decrease in pay.
Sec.17. Payroll Period: The City payroll period shall be based on
a bi-weekly basis.
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Sec. 18. Part-time and Temporary Part-time Employees: Such
employees shall be paid on an hourly rate unless otherwise provided
at the time of hiring or at a later time.
RULE IV. APPLICATIONS AND APPLICANTS
Sec. 1. Announcement: All examinations for classes in the
competitive service shall be publicized by such methods as the City
Manager or the Personnel Director deem appropriate. Special
recruiting shall be conducted, if necessary, to insure that all
seg*ments of the community are aware of the forthcoming examinations.
The announcements shall specify the title and pay of the class for
which the examination is announced; the nature of the work of the
class; the manner of making application; and other pertinent
y) information.
Sec. 2. Application Forms: Applications shall be made as
prescribed on the examination announcement. Resumes shall require
information covering training, experience, and other pertinent
information, and may include certificates of one or more examining
physicians, references and fingerprints. Resumes must be signed by
the person applying.
Sec. 3. Disqualification: The Personnel Director may reject any
application or resume which indicates on its face that the applicant
does not possess the minimum qualif ications required for the
position. Applications may be rejected if the application or resume
indicates facts that show that the applicant is physically or
psychologically unable to perform the job applied for, and no
reasonable accommodation can be made for such disability; is addicted
to the habitual excessive use of drugs or intoxicating liquor; has
made any false statement of any material fact, or practiced any
deception or fraud in an application. Whenever an application or
resume is rejected, notice of such rejection shall be mailed to the
applicant by the Personnel Director. Defective applications or
resumes may be returned to the applicant with notice to amend the
same, providing the time limit for receiving applications or resumes
has not expired.
Sec. 4. Criminal Conduct Ineligibility for Employment:
Conviction, including pleas of guilty and nob contendere, of a
felony shall be prima facie disqualification of an applicant for
employment; provided, however, that the appointment authority may
disregard such conviction if it is found and determined by such
appointing authority that mitigating circumstances exist. In making
such determination, the appointment authority shall consider the
following factors:
a) the classification, including sensitivity, to which the
person is applying or being certified and whether the
classification is unrelated to the conviction;
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b) the nature and seriousness of the offense;
C) the circumstances surrounding the conviction;
d) the length of time elapsed since the conviction;
e) the age of the person at time of conviction;
f) the presence or absence of rehabilitation or efforts at
rehabilitation;
g) contributing social or environmental conditions.
An applicant who is disqualified for employment under this section
may appeal the determination of disqualification. Such appeal shall
be in writing and filed with the City Manager within ten 10) days of
the date of the notice of disqualification. The City Manager shall
m hear and determine the appeal within ninety 90) days after it is
filed. The determination of the City Manager on the appeal is final.
Notwithstanding the foregoing, an applicant for a peace officer
position shall be disqualified, without right of appeal, from
employment if the applicant shall have been convicted of a felony.
RULE V. EXAMINATIONS
Sec. 1. Examination Process: The selection techniques used in
the examination process shall be impartial and relate to those
subjects which, in the opinion of the Personnel Director, fairly
measure the relative capacities of the persons examined to execute
the duties and responsibilities of the class to which they seek to be
appointed. Examinations shall consist of selection techniques which
will test fairly the qualifications of candidates such as, but not
necessarily limited to, achievement and aptitude tests, other written
tests, personal interview, performance tests, physical agility tests,
evaluation of daily work performance, work samples, medical tests,
psychological tests, successful completion of prescribed training, or
any combination of these or other tests. Th* probationary period
shall be considered as a portion of the examination process.
Examinations shall be designed to provide equal opportunity to all
candidates by being based on an analysis of the essential
requirements of the class, covering only factors related to such
requirements.
Sec. 2. Promotional Examinations: Promotional examinations may
be conducted whenever, in the opinion of the Personnel Director, the
needs of the service require. Promotional examinations may include
any of the selection techniques mentioned in Section 1 of this rule,
or any combination of them. Only regular or probationary employees
who meet the requirements set forth in the promotional examination
announcements may compete in promotional examinations.
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Sec. 3. Continuous Examination: Open-competitive examinations
may be administered periodically for a single class as the needs of
the service require. Names shall be placed on employment lists, and
shall remain on such lists, as prescribed in Rule VI.
Sec. 4. Conduct of Examination: The City Council may contract
with any competent agency or individual for the preparing and/or
administering of examinations. In the absence of such a contract,
the Personnel Director shall see that such duties are performed. The
Personnel Director shall arrange for the use of public buildings and
equipment for the conduct of examinations.
Sec. 5. Notification of Examination Results and Review of Papers:
Each candidate in an examination shall be given notice of the results
cy) thereof, and if successful, of the final earned score and/or rank on
the employment list.
m All candidates shall have the right to inspect their own test answer
sheet within five working days after the notifications of examination
results. Any error in computation, if called to the attention of the
personnel Director within this period, shall be corrected. Such
corrections shall not, however, require invalidation of appointments
previously made.
RULE VI. EMPLOYMENT LISTS
Sec. 1. Employment Lists: As soon as possible after the
completion of an examination, the Personnel Director shall prepare
and maintain an employment list consisting of the names of candidates
who qualified in the examination.
Sec. 2. Duration of Lists: Employment lists other than those
resulting from a continuous examination shall remain in effect until
exhausted or abolished by the Personnel Director.
Open-competitive lists created as a result of continuous examinations
shall remain in effect for not more than one year after the last
administration of the examination, unless sooner exhausted or
abolished. Names placed on such lists may be merged with any others
already on the list.
Sec. 3. Removal of Names From List: The name of any person
appearing on an employment, re-employment or promotional list shall
be removed by the Personnel Director if the eligible requests in
writing that the name be removed or if the eligible fails to respond
to a notice of certification mailed to the last designated address.
The person affected shall be notified of the removal of the name by a
*otice mailed to the last known address. The names of persons on
promotional employment lists who resign from the service shall
aut*naticallybe dropped from such lists.
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RULE VII. METHOD OF FILLING VACANCIES
Sec. 1. Types of Appointment: All vacancies in the competitive
service shall be filled by transfer, demotion, re-employment,
reinstatement, or from eligibles certified by the Personnel Director
from an appropriate employment list, if available. In the absence of
persons eligible for appointment in these ways, provisional
appointments may be made in accordance with these personnel rules.
Sec. 2. Notice to Personnel Director: If a vacancy in the
competitive service is to be filled, the appointing power shall
notify the Personnel Director in the manner prescribed. If there is
no re-employment list available for the class, the appointing power
shall have the right to decide whether to fill the vacancy by
reinstatement, transfer, demotion, appointment from a promotional
employment list, or appointment from an open employment list.
m Sec. 3. Certification of Eligibles: If the appointing power does
not consider it in the City's best interest to fill the vacancy by
reinstatement, transfer, or demotion, or if it is not possible to
fill the vacancy by re-employment, certification shall be made from
an appropriate employment list, provided eligible workers are
available.
When the appointing power requests a vacancy be filled by appointment
from a promotional employment list or from an open employment list,
the Personnel Director should certify from the specified list the
names of all individuals willing to accept appointment. whenever
there are fewer than three names of individuals willing to accept
appointment on a promotional employment list or on an open employment
list, the appointing power may make an appointment from among such
eligibles or may request the Personnel Director to establish a new
list. When so requested, the Personnel Director shall hold a new
examination and establish a new employment list.
Sec. 4. Appointment: After interview and investigation, the
appointing power shall make appointments from among those certified,
and shall immediately notify the Personnel Director of the persons
appointed. The person accepting appointment shall report to the
Personnel Director, or the personnel Director's designated
representative, for processing on or before the date of appointment.
If the applicant accepts the appointment and reports for duty within
such period of time as the appointing authority shall prescribe, the
applicant shall be deemed to be appointed; otherwise, the applicant
shall be deemed to have declined the appointment.
Sec. 5. Provisional Appointment: In the absence of there being
names of individuals willing to accept appointment from appropriate
employment lists, a provisional appointment may be made by the
appointing authority of a person meeting the minimum training and
experience qualifications for the position. Such an appointment may
be made during the period of suspension of an employee or pending
final action on proceedings to review suspension, demotion or
discharge of an employee, and such vacancy may be filled by the
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appointing authority subject to the provisions of this ordinance and
the personnel rules. A provisional employee may be removed at any
time without the right of appeal or hearing. No provisional
appointment shall exceed six months.
A provisional appointee shall not accrue benefits while serving in a
probational appointment. If a provisional appointee is selected for
a full-time position with the city, the time served as a provisional
appointee shall be counted as time toward the fulfillment of the
required probationary period.
No special credit shall be allowed in meeting any qualifications or
a) in the giving of any test or the establishment of any
ID open-competitive promotional lists, for service rendered under a
Cr) provisional appointment.
m RULE VIII. PROBATIONARY PERIOD
Sec. 1. Regular Appointment Following Probationary Period. All
original and promotional appointments shall be tentative and subject
to a probationary period of not less than six months actual service,
to be determined for each class by the Personnel Director. The
appointing authority may extend such probationary period up to six
additional months. The Personnel Director shall notify the
appointing authority and the probationer1 two weeks prior to the
termination of any probationary period. If the service of the
probationary employee has been satisfactory to the appointing
authority, then the appointing authority shall file with the
personnel Director a statement in writing to such effect and stating
that the retention of such employee in the service is desired. If
such a statement is not filed, the employee will be deemed to be
unsatisfactory and his employment terminated at the expiration of the
probationary period. Where a statement of satisfactory service has
not been filed, notice of the termination shall be served on the
terminated employee by the Personnel Director after the expiration of
the selection period.
Sec. 2. Objective of Probationary period: The probationary period
shall be regarded as a part of the selection process and shall be
utilized for closely observing the employee's work and for securing
the most effective adjustment of a new employee to his position.
Sec. 3. Rejection of Probationer: During the probationary period,
an employee may be rejected at any time by the appointing power
without cause and without the right of appeal. Notification of
rejection by the appointing authority shall be served on the
probationer.
Sec. 4. Rejection Following Promotion: Any employee rejected
during the probationary period following a promotional appointment,
or at the conclusion of the probationary period by reason of failure
of the appointing power to file a statement that the employee's
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services have been satisfactory shall be reinstated to the position
from which the employee was promoted unless charges are filed and the
employee is discharged in the manner provided in the Personnel
Ordinance and these rules for positions in the competitive service.
If there is no vacancy in such position, the employee may request to
be placed on a re-employment list.
RULE IX. TRANSFER, PROMOTION, DEMOTION. SUSPENSION
AND REINSTATEMENT
Sec. 1. Transfer: No person shall be transferred to a position
a) for which that person does not possess the minimum qualifications.
U) Upon notice to the Personnel Director, an employee may be transferred
Cr) by the appointing power or designee at any time from one position to
another in a comparable class. For transfer purposes, a comparable
m class is one with the same maximum salary, involves the performance
of similar duties and requires substantially the same basic
qualifications.
If the transfer involves a change from one department to another,
both department heads must consent thereto unless the City Manager
orders the transfer. Transfer shall not be used to effecuate a
promotion, demotion, advancement, or reduction, each of which may be
accomplished only as provided in the Personnel Ordinance or these
Rules.
Sec. 2. Promotion: Insofar as consistent with the best interests
of the service all vacancies in the competitive service shall be
filled by promotion from within the competitive service, after a
promotional examination has been given and a promotional list
established.
If, in the opinion of the Personnel Director, it is in the best
interests of the municipal service1 a vacancy in the position may be
filled by an open-competitive examination instead of promotional
examination, in which event the Personnel Director shall arrange for
an open-competitive examination and for the preparation and
certification of an open-competitive employment list.
Sec. 3. Demotion: The appointing power may demote an employee
whose ability to perform the required duties falls below standard, or
for disciplinary purposes. Upon request of the employee, and with
the consent of the appointing power, demotion may be made to a vacant
position. No employee shall be demoted to a position who does not
possess the minimum qualifications. Disciplinary demotion action
shall be in accordance with Rule XI hereof.
Sec. 4. Suspension: The appointing power may suspend an employee
from a position at any time for a disciplinary purpose. Suspension
without pay shall not exceed thirty calendar days, nor shall any
employee be penalized by suspension for more than thirty calendar
days in any fiscal year. Department heads may suspend a subordinate
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employee for not more than three working days at any one time, and
not more than once in a thirty calendar day period. Intended
suspension action shall be reported immediately to the Personnel
Director, and shall be taken in accordance with Rule XI hereof.
Sec. 5. Reinstatement: With the approval of the appointment
power, a regular employee or probationary employee who has completed
at least six months of probationary service and who has resigned with
a good record may be reinstated within two years of the effective
date of resignation, to a vacant position in the same or comparable
class. Upon reinstatement, the employee shall be subject to the
probationary period prescribed for the class. No credit for former
a) employment shall be granted in computing salary, vacation, sick
Lf) leave, or other benefits except on the specific recommendation of the
y) appointing authority at time of reinstatement.
m RULE X. WORK SCHEDULES A*m OVERTIME
Sec. 1. Work Schedules: The work hours for unit employees shall
consist of a forty 40) hour work week schedule consisting of seven
7) consecutive days and exclusive of any meal periods assigned by
management, except as otherwise provided for in this agreement.
Sec. 2. Overtime Provisions: The following provisions shall be
considered overtime, except as otherwise specified in this article.
A. Regular Overtime:
1) Overtime for non-exempt employees is time worked in
excess of forty 40) hours during a 7-day work week.
The workweek for nonexempt employees is generally a
fixed period of 168 hours 7 consecutive 24-hour
periods, which is established by City.
B. Call Back Overtime: Call back work is performed by an
off duty unit employee called back to work after they have
completed their normal work schedule and have left work or
are on their day off.
Sec. 3. Overtime Compensation Rate:
A. Regular Overtime:
1. Overtime pay will be paid at a rate of not less than
one and one-half times the nonexempt employee's regular
rate of pay for each hour worked in excess of forty
40) hours per week.
2. Unit employees may choose to receive overtime
compensation as compensatory time off in lieu of cash
payment, at the rate of time and one-half off for each
hour of work in excess of forty 40) hours per week.
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Cash payment of overtime shall be limited to fiscal
budgetary restrictions, and employees are encouraged to
receive overtime compensation as compensatory time off
in lieu of cash payment. Payments are outlined in
this article.
B. Overtime Accrual:
1. All overtime worked in less than one hour increments
in a work shift shall be compensated for in the following
manner:
a) Time Overtime Compensation
ID
C*) 0 15 minutes 1/4 hour
16 30 minutes 1/2 hour
31 44 minutes 3/4 hour
45 60 minutes 1 hour
C. Standby Assignment: Unit employees occupying a position
designated by the City Manager as appropriate for standby
pay are required to be subject to call by telephone or
other methods approved by management. Said standby
assignments shall be scheduled, in advance, by the
appropriate department head and shall be automatically
forfeited by a unit employee if said employee is
unavailable when called for duty. Said employees when not
otherwise rendering service shall be compensated for such
standby time as follows:
1. Standby compensation shall be paid at the rate of
$15.00 per day, with time and one-half compensation
from time of call-out until completion of the required
work.
D. Overtime Compensation Accumulation and Payment: Unit
employees may accumulate and be compensated for accumulated
hours under the following conditions:
1. Compensatory Time Accumulation: Hours worked in
excess of forty 40) hours per week may be accumulated
by unit employees, pursuant to Federal regulations and
the Fair Labor Standards Act, with a cap of forty 40)
hours compensatory time accrual.
E. Taking Compensatory Time: Use of compensatory time shall
be determined by appropriate department heads upon
consultation with employee and shall be based upon the
overall departmental and/or City needs.
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F. Exempt Positions: Compensatory time of f and overtime
provisions of this section shall not apply to department
heads and confidential professional employees. Such
positions, requiring attendance at numerous extra-hour
meetings and conferences, are designated as follows:
1. City Manager
2. Community Safety Director
3. City Clerk Administrative Services Director)
4. Finance Director
5. Planning Director
6. Public Works Director/City Engineer
a) 7. Principal Planner
Ii) 8. Associate Planner
9. Assistant or Associate Engineer
C[*) LEAVE POLICY
Sec. 1. Holidays Recognized: Full time unit employees are
eligible for a paid 8 hour) leave of absence for the following ten
10) holidays:
New Year's Day first day of January)
Martin Luther King's Birthday 3rd Monday in January)
Washington's Birthday 3rd Monday in February)
Memorial Day last Monday in May)
Independence Day Fourth of July)
Labor Day 1st Monday in September)
Veteran's Day eleventh day of November)
Thanksgiving Day fourth Thursday in November)
Friday following Thanksgiving Day
Christmas Day twenty-fifth day of December)
Sec. 2. Floating Holidays: Two 2) days of each calendar year are
designated as floating holidays". Floating holidays shall be
approved at such time as is mutually agreeable to the employee and
the employee's division head. In the event of the employee's failure
for any reason to exercise such floating holidays during any calendar
year, or prior to their termination of employment with the City, the
employee shall be entitled to compensation for said floating
holiday(s).
Sec. 3. Friday Holiday: The Friday immediately preceding any
regular holiday that falls on a Saturday shall be deemed to be a
holiday.
Sec. 4. Monday Holiday: The Monday immediately following any
regular holiday that falls on a Sunday shall be deemed to be a
holiday.
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Sec. 5. Vacation:
A. Vacation Earned: Unit employees who have served in a
full time capacity for six consecutive months and are
compensated on a monthly basis shall be provided with
vacation earnings based on the following schedule:
Annual no. of
Years of full days eligible
time service to earn
0) 0 1 10 days
Beginning year 2 11 days
ID Beginning year 3 12 days
Beginning year 4 13 days
Beginning year 5 14 days
m Beginning year 6 15 days
Beginning year 7 16 days
Beginning year 8 17 days
Beginning year 9 18 days
Beginning year 10 19 days
Beginning year 11 20 days
No vacation days may be accrued or used during an
employees first six months of service. At the end of
six months, vacation in an amount which would have been
earned during the first six months period will be
credited to the employees leave account in a lump sum.
B. The City Manager shall accrue vacation leave at the
rate of fifteen 15) days per year the first year of
service and adjusted annually as the unit employees in
Section 5 A).
C. Limitations:
1. Vacation is earned annually and is computed on
the basis of number of months, or major portion
of a month, worked within a calendar year.
2. Additional days of vacation are earned on the
anniversary of the full-time hire date of the
unit employee.
3. No vacation shall be credited for time during
which a unit employee is absent from duty
without pay.
4. All vacations shall be taken at such time as
approved by the department head for which the
employee works.
5. Each vacation day shall be considered eight 8)
hours.
6. Vacation leave may be taken in increments of one
1) hour or more approved by management.
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7. Illness during a vacation period shall not be
considered as sick leave.
8. Employee absence due to sick leave or other
approved leave of absence shall not affect
vacation computation unless such absence exceeds
one 1) month, in which case that month or more
shall be excluded from vacation accrual
computation.
D. Vacation Accumulation: Employees who do not take
their vacation in any calendar year, may1 subject to
a) approval of the City Manager, be allowed such vacation
Ii) during the succeeding calendar year. In no event,
however, shall any employees' vacation with pay exceed
thirty 30) working days in any calendar year.
m E. Holidays Within Vacation Period: Holidays falling
within an employees' vacation period shall not be
considered as part of the employees' vacation, and an
extra day may be added to the employees' regular
vacation period or used at the discretion of the
employee with the approval of the appropriate
department head.
F. Vacation Cash-Out at Termination: Any unit employee
who is eligible for vacation benefits and wishes to
terminate employment with the City shall be paid at the
base hourly rate then being received, for any unused
vacation accrual to which the employee is entitled.
Sec. 6. Sick Leave:
1. Use of Sick Leave. Sick leave shall be used for
illness, off-duty non-work connected injury, physical
examination, including eye examinations, dentist
appointments or other commonly accepted health related
matters
2. When Eligible. All full-time employees are eligible
for sick leave after completing six months of service. At
which time, sick leave in an amount which would have been
earned during the first six months period will be credited
to the employee's leave account in a lump sum. Part-time
employees are not eligible unless otherwise provided at the
time of hiring or at a later date.
3. Number of Days Sick Leave-Allowed. The employees
shall be credited with one 1) day per month of work, or
major fraction thereof.
4. Sick Time Pay Back.
A. City agrees to provide sick leave pay back upon
e*p1oyees te*m*nation, as follows:
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2 to 5 years service 25%
5 to 10 years service 50%
10 years service and up 75%
B. A maximum sick leave accrual of 30 days shall be
established, to coincide with long-term disability
benefits established. After the maximum accrual of
sick leave has been reached, at the end of each fiscal
year, employee shall be reimbursed for the number of
sick leave days that would have been accrued and unused
above the maximum during the fiscal year, according to
a) the formula used for sick leave pay back upon employee
ID termination, as above.
Cr) C. City agrees to provide long-term disability
insurance coverage which would take effect after an
CD employees' absence from work during an illness or
injury of 30 days
5. Filing Statement of Cause. An employee who is absent
because of illness shall be required to file a written
statement describing his illness or reason for absence,
which then must be approved by the City Manager. If an
absence because of illness or disability extends beyond
three consecutive work days, the employee may be required
to file a statement from his physician.
6. Effect of Absence on Sick Leave. Absence due to sick
leave or other approved leave of absence will not affect
computations for sick leave unless such absences exceed one
month, in which case that month, or more, shall be excluded
from computation.
Sec. 7. Administrative Leave. The following employees shall be
granted eighty 80) hours administrative leave per year. Said time
of f shall accrue January 1st of each year, and shall not be
accumulated beyond the calendar year in which it is earned. Said
administrative leave time off shall be allowed at the discretion of
the City Manager.
1. City Manager
2. Community Safety Director
3. City Clerk Administrative Services Director)
4. Finance Director
5. Planning Director
6. Public Works Director/City Engineer
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Sec. 8. Maternity: Any employee who is pregnant may receive a
leave of absence on account of such pregnancy for a reasonable period
of time for a period not to exceed four 4) months. Such leave need
not be taken in one continuous period of time. The employee may
utilize any accrued vacation, or other paid leave during this period
of time. Reasonable period of time" means that period during which
the female employee is disabled on account of pregnancy, child birth,
or related medical condition.
Any employee who plans to take leave pursuant to this Section shall
give the City reasonable notice of the date such leave will commence
a) and the estimated duration of such leave.
At the conclusion of the leave, the employee shall be entitled to
cy) reinstatement to the employee's original job, or a substantially
* similar one in accordance with California Administrative Code,
Co Section 7291.2(d)(3)(c) Regulations of the Fair Employment Housing
* Commission), which reads as follows:
1. Right to Return to Original Job. Any employer must
return an employee to her original job, when the employee
is able to return to that job, after she has gone on a
pregnancy disability leave up to four months or has been
transferred to a less strenuous or hazardous position
because of pregnancy, childbirth or related medical
condition, unless either:
a.) The job ceased to exist because of legitimate
business reasons unrelated to the employee's
pregnancy disability leave, or
b.) Each means of preserving the job for the employee
such as leaving it unfilled or filling it with a
temporary employee) would substantially undermine
th employer's ability to operate the business
safely and efficiently.
2. Right to Return to Substantially Similar Job. If the
employer is excused from returning the employee to her
original job, the employer must then provide the employee
with a substantially similar job, unless either:
a.) There is no substantially similar position
available; or
b.) A substantially similar position is available, but
filling the available position with the returning
employee would substantially undermine the
employer's ability to operate the business safely
and efficiently.
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3. Right to Return to Job If Pregnancy Disability Leave
Exceeds Four Months. If an employee disabled by
pregnancy, childbirth or related medical conditions has
taken a pregnancy disability leave for longer than four
months, an employer must treat the employee the same
regarding reinstatement rights as it treats any other
employee who has taken a similar length disability leave.
4. Date of Return. If the employer and the employee
have agreed upon a definite date of return from a pregnancy
disability leave or job transfer at the beginning of a
leave or transfer, the employer has an obligation to
a) reinstate the employee on this definite date of return if
she notifies the employer she is able to return on or
before that date. If the length of a leave or a transfer
Y) has not been established or it differs from the employer
and employee's original agreement, the employer must return
the employee to her job within a reasonable period of time
but no later than thirty days after her notification of her
readiness to return.
5. Verification of Ability to Return. An employer may
require a written verification from the employee's
physician or other licensed health care practitioner that
her disability has ceased before the employee returns to
work if it has a similar policy or practice for other
temporary disabled employees.
RULE XI. DISCIPLINARY ACTION
Sec. 1. Policy: Prior to the suspension, demotion, reduction in
pay, or discharge of a regular employee for disciplinary purposes,
the procedure set forth in this rule shall be complied with.
Sec. 2. Written Notice: Written notice of the proposed
disciplinary action shall be given to the employee. Such notice
shall include a statement of the reason(s) for the proposed action
and the charge(s) being considered.
Sec. 3. Employee Review: The employee shall be given an
opportunity to review the documents or materials upon which the
proposed disciplinary action is based, and, if practicable, the
employee shall be supplied with a copy of the documents.
Sec. 4. Employee Response: Within five 5) working days after the
employee has had the review opportunity provided above, the employee
shall have the right to respond, orally or in writing, at the
employee's option, to the appointing authority concerning the
proposed action.
Sec. 5. Relief of Duty: Notwithstanding the provisions of this
Rule, upon the recommendation of the Personnel Director, the City
Manager may approve the temporary assignment of an employee to a
status of leave with pay pending conduct or completion of such
investigations or opportunity to respond as may be required to
determine if disciplinary action is to be taken.
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Sec. Appeal: Regular employees may appeal disciplinary actions
to an administrative hearing before the City Manager by filing a
written request with the City Manager within five 5) days of the
imposition of the action.
RULE XII. LAYOFF POLICY AND PROCEDURE
Sec. 1. Statement of Intent: Whenever, in the judgernent of the
City Council, it becomes necessary to abolish any position or
employment1 the employee holding such position or employment may be
laid off or demoted without disciplinary action and without right of
a) appeal.
ID Sec. 2. Notification: Employees to be laid off shall be given,
C*) whenever possible, at least 14 calendar days prior notice.
Co Sec. 3. Vacancy and Demotion: Except as otherwise provided,
whenever there is a reduction in the workforce, the appointing
authority shall first demote to a vacancy, if any, in a lower class
for which the employee who is the latest to be laid off in accordance
with Section 6 is qualified. All persons so demoted shall have their
names placed on the reemployment list.
Sec. 4. Employee Rights: An employee affected by layoff shall
have the right to displace an employee in the same department who has
less seniority in a lower class in the same class series or in a
lower classification in which the affected employee once had
permanent status. For the purpose of this section and Section 5,
seniority includes all periods of full-time service at or above the
classification level where layoff is to occur.
Sec. 5. Seniority: In order to retreat to a former or lower
class, an employee must have more seniority than at least one of the
incumbents in the retreat class and request displacement action in
writing to the Personnel Director within five 5) days of receipt of
notice of layoff.
Employees retreating to a lower or similar class shall be placed at
the salary step representing the least loss of pay. In no case shall
the salary be increased above that received in the class from which
the employee was laid of f.
Employees retreating to a lower or similar class shall serve a
probationary period in the new class unless they have previously
successfully completed a probationary period in the position
previously.
Sec. 6. Employment Status: In each class of position, employees
shall be laid of f according to employment status in the following
order: temporary, provisional, probationary and regular.
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Temporary, provisional and probationary employees shall be laid of f
according to the needs of the service as determined by the appointing
authority.
In cases where there are two or more permanent employees in the class
from which the layoff is to be made, such employees shall be laid off
on the basis of the last evaluation rating in the class, providing
such rating has been on file at least 30 days and no more than 12
months prior to layoff as follows:
First, all employees having ratings of improvement needed;"
a) Second, all employees having ratings of competent;" Third, all
ID employees having ratings of outstanding.1'
Cr) Employees within each category shall be laid off in inverse order of
seniority in City service.
Sec. 7. Re-employment List: The names of persons laid of f or
demoted in accordance with these rules shall be entered upon a
reemployment list. Lists fro*n different departments or at different
times for the same class of position shall be combined into a single
list. Such list shall be used by every appointing authority when a
vacancy arises in the same or lower class of position before
certification is made from an eligible list.
Sec. 8. Duration of Re-employment List: Names of persons laid of f
shall be carried on a reemployment list for one year, except that
persons appointed to permanent positions of the same level as that
which laid of f, shall, upon such appointment, be dropped from the
list. Persons who refuse reemployment shall be dropped from the
list. Persons reemployed in a lower class, or on a temporary basis,
shall be continued on the list for the higher position for the one
year.
RULE XIII. SEPARATION FROM ThE SERVICE
Sec. 1. Discharge: An employee in the competitive service may be
discharged at any time by the appointing power. Whenever it is the
intention of the appointing power to discharge an employee in the
competitive service, the Personnel Director shall be notified.
Disciplinary discharge action shall be taken in accordance with Rule
XI.
Sec. 2. Resignation: An employee wishing to leave the competitive
service in good standing shall file with the appointing authority a
written resignation stating the effective date and reasons for
leaving at least two weeks before leaving the service, unless such
time limit is waived by the appointing authority. A statement as to
the resigned employee's service performance and other pertinent
information shall be forwarded to the Personnel Director. Failure to
give notice as required by this rule shall be cause for denying
future employment by the City.
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Sec. Disability: An employee will be separated from City
service when no longer able to perform the required duties of his/her
class because of physical or mental impairment. Disability
separation action shall be taken in accordance with Rule XI.
RULE XIV. ADMINISTRATIVE LEAVES. REPORTS AND RECORDS
Sec. 1. Attendance: Employees shall be in attendance at their
work in accordance with the rules regarding hours of work, holidays,
and leaves. All departments shall keep daily attendance records of
employees which shall be reported to the Personnel Director in the
form and on the dates he shall specify. Failure on the part of an
a) employee1 absent without leave, to return to duty within 24 hours
ID after notice to return shall be cause for ii!Iflediate discharge, and
*) such employee automatically waives all rights under the Personnel
* Ordinance and these rules. The depositing in the United States mail
of a first class letter, postage paid, addressed to the employee's
last known place of address, shall be reasonable notice.
Sec. 2. Military Leave: Military leave shall be granted in
accordance with the provisions of state law. All employees entitled
to miliary leave shall give the appointing power an opportunity
within the limits of military regulations to determine when such
leave shall be taken.
Sec.3. Leave of Absence Without Pay: The City Manager, in his
unrestricted discretion, may grant a regular or probationary employee
leave of absence without pay or seniority for a period not to exceed
three months. After three months, the leave of absence may be
extended if so authorized. No such leave shall be granted except
upon written request of the employee, setting forth the reason for
the request, and the approval will be in writing. Upon expiration of
a regularly approved leave or within a reasonable period of time
after notice to return to duty, the employee shall be reinstated in
the position held at the time leave was granted. Failure on the part
of an employee on leave to report promptly at its expiration, or
within a reasonable time after notice to return to duty, shall be
deemed to be discharged. The depositing in the United States mail of
a first class letter, postage paid, addressed to the employee's last
known place of address, shall be reasonable notice.
Department heads may grant a regular or probationary employee leave
of absence without pay for not to exceed one calendar week. Such
leaves shall be reported to the Personnel Officer.
Sec. 4. Jury Duty: Every classified employee of the City who is
called or required to serve as a trial juror, upon notification and
appropriate verification sUb*itted to his/her supervisor, shall be
entitled to be absent from his/her duties with the City during the
period of such service or while necessarily being present in court as
a result of such call. The employee's normal pay shall be lowered by
the amount of pay received for jury duty.
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Sec. 5. Personnel Records: The Personnel Director shall
maintain a service or personnel record for each employee in the
service of the City showing the name, title of position held, the
department to which assigned, salary, changes in employment status,
and such other information as may be considered pertinent by the
Personnel Director.
Sec. 6. Change-of-Status Report: Every appointment1 transfer,
promotion, demotion, change of salary rate, or any other temporary or
permanent change in status of employees shall be reported to the
Personnel Director in such manner as he may prescribe.
1) Sec. 7. Leaves of Absence With Pay:
r) 1. Family Illness Leave. If an employee requests to be
absent from duty because of an illness in his immediate
0 family which requires his attendance, he may, at the
discretion of the City Manager, be granted leave from his
accrued sick leave not to exceed 6 days per year. For
purposes of this action, the following are considered
members of the immediate family: mother, father, brother,
sister, spouse, children, grandparents, in-laws and legal
guardians.
2. Bereavement Leave. Bereavement leave with pay, not
to exceed 3 days, shall be granted full-time employees at
the discretion of the City Manager. This shall be the
maximum time allowable based on demonstrated need and shall
be limited to death within the immediate family. For the
purposes of this action, the following are considered
members of the immediate family: mother, father, brother,
sister, spouse, children, grandparents, in-laws, aunts,
uncles, nieces nephews and legal guardians.
3. Subpoenaed Absence. An employee who is subpoenaed,
or required to appear in court as a witness, may receive
his regular pay during his absence if, in the opinion of
the City Manager, the serving as a witness is deemed to be
in the best interests of the public. Paid leave of absence
shall not be granted when the time is spent in court for
personal reasons not connected with the employee's official
duty.
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Sec. 8. Industrial Accident Leave: Whenever any regular employee
is absent on account of injuries arising out of and in the course of
his employment, such employee shall receive full compensation during
the first seven 7) days of such absence. Thereafter, compensation
shall be paid in accordance with and under the provisions of the
Worker's Compensation Insurance and Safety Act of the State of
California. The City shall, in addition thereto, compensate any
employee who is still absent between the amount said employee
receives from the Worker's Compensation Insurance Fund and the amount
of his regular compensation, provided that the circumstances
contributing to the employee's injuries and prolonged absence from
duties are such that in the opinion of the City Manager the employee
is justly entitled to receive the maximum allowance as provided
herein. This additional compensation shall be for a maximum period
Y) of one year. The one year period need not be consecutive if the
employee's absence is directly traceable to a single accident.
m A. Any period of time during which an employee is required to
be absent from his position by reason of an injury or disease
for which he is entitled to receive compensation under the
provisions of Division 4 commencing with Section 3201) of the
Labor Code is not a break in his continuous service for the
purpose of his right to salary adjustments, sick leave, vacation
of seniority.
RULE XV. VIOLATIONS
Sec. 1. Violation of Rules: Violations of the provisions of these
rules shall be grounds for rejection, suspension, demotion,
dismissal, or other disciplinary action.
PASSED, APPROVED and ADOPTED, this 5th day of April 1988.
May r
City of La Quinta, California
City of La Quin a, California
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