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88-166RESOLUTION NO. 88R-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING PERSONNEL RULES APPLICABLE TO EMPLOYEES IN MANAGEMENT, CONFIDENTIAL AND NON-REPRESENTED PART-TIME CLASSIFICATIONS. WHEREAS, the Human Resources Director has recommended in a staff report dated April 19, 1988, that existing Personnel Rules be amended and that such amended rules be applicable only to employees in management, confidential, and non-represented part-time classifications; and WHEREAS, the need exists to rescind all existing personnel rules and concurrently adopt new personnel rules 1 through 31; and WHEREAS, the City Council of the City of Anaheim finds and determines that the rescission of all existing personnel rules and the adoption of recommended new rules applicable to employees in management, confidential, and non-represented part-time employees is in the best interests of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all existing Personnel Rules be, and they are hereby, rescinded and that new Personnel Rules 1 through 31, a copy of which is attached and incorporated herein by this reference, are hereby adopted. BE IT FURTHER RESOLVED that the effective date of this Resolution is April 29, 1988. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this26th day of April, 1988. MAYOR OF THE CITY 0 ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ROF/jd 2419L 041988 SLATE 0~' C,~LLZFORNia ) ~0UN:Z OF 01<Ai~IGE ) ss. CiTY OF ANAHEIM ) 1, LEONOKA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. UgR-loo was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the Zot~ day of April, AYES: NOES: 7~JSENT: COUNCIL MEP~ERS: COUNCIL i~EMBERS: GOUNC±L ~MBERS: by rue following vote of the members thereof: Ehrle, Hunter, Kaywood, and Bay None Fickler ~i~O i FORTHbIt certify tint the Mayor of the ~ity of Anaheim signed said Kesolution No. 86R-loo on the Z/tn day of April, 19~8. iN wiTNESS WHEREOF, I nave hereunto set my ~mnd and affixed the seal of the City of Anaheim tl~is ZTtn day of April, 19~8. CITY CLEF, K OF THE CITY OF ANAHEIM (SEmL) i, LEONORA N. SOHL, City Cler~ of the ~ity of Anaheim, do hereby certify that the foregoing is t~e original of Resolution No. 88~-1~6 duly passed and adopted oy the Ana~eim ~ity ~ouncii on April 20, 198~. CiTY CLEtLK 0F THE CiTY OF kN~kHEIM PERSONNEL RULES COVERING MANAGEMENT AND CDNFIDENTIAL EMPLOYEES AND NON-REPRESENTED PART TIME EMPLOYEES Revised 04/14/88 PERSONNEL RULES TABLE OF CONTENTS APRIL 1988 RUI,E RULE RULE RULE RULE RULE RUI,E RULE RULE RULE RULE RULE RULE RULE RUI,E RULE RULE RULE RUI,E RULE RUEE RULE l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PURPOSE AND GENERAl, PROVISIONS CLASSIFICATION COMPENSATION APPROPRIATE SALARY STEP HOURS OE WORK AND PAY DAY PREMIUM PAY APPOINTMENTS AND PROMOTIONS EMPLOYMENT LISTS PROBATION SUSPENSION, DEMOTION AND DISMISSAL LAYOFF AND RE-EMPLOYMENT REINSTATEMENT VOI,UNTARY DEMOTION TRANSFER HOLIDAYS VACATION SICK LEAVE INDUSTRIAL ACCIDENT LEAVE BEREAVEMENT LEAVE MILITARY LEAVE (AND ADDENDUM) .JURY DUTY LEAVE ~ITHOUT PAY RULE RULE RULE RUEE RULE RULE RULE RULE RULE 23 24 25 26 27 28 29 30 PERQUISITES TRAVEl, EXPENSE ALLOWANCES SERVICE AWARDS TRAINING PAYROLL DEDUCTIONS PHYS1UA1, EXAMINATIONS OUTSIDE EMPLOYMENT NEPOTISM GRIEVANCE PROCEDURE RULE 1. PURPOSE AND GENERAL PROVISIONS Section ].0 The objectives of lhese rules are to facilitate efficient aod economical services to the public and to provide for' a fair and eqaitable system of personnel management in the municipal government. Section 1.1 These rules set forth, in detail, those procedures which insure similar treatment for those who compete for employment: and promotion, and define the obligations, rights, privileges, benefits, aod prohibitions which are placed upon all confidential, management, and non-represented part-time employees of the City. Section 1.2 It is hereby the declared personnel policy of the City of Anaheim that: 1 .21 Employment by the City of Anaheim shall be based on merit and fitness, free of personal and political considerations. .22 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and/or evaluations. 1.23 Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 1 .24 Tenure of employees covered by these rules shall be sabject to good behavior, satisfactory ~ork performance, aecessity for the performance of work, and the availability of funds. Section 1.3 Any action concerning an employee's status of employment shall be processed on a Personnel Action Form. Such status shall become effective upon action by the City Manager or by a management employee who the City Manager has delegated responsibility for authorizing such action. All full-time and part-time employees shall receive a true copy of any personnel action taken concerning their status of employment. Section I .4 If any section, subsection, sentence, clause, or phrase of these RULES is found to be illegal, such findings shall not affect the validity of the remaining portions of these RULES. RulelF/mmc Revised 04/14/88 RULE 2. CLASSIFICATION Section 2.0 The Human Resources Director shall be responsible for recommending classificatiou of all confidential, management arid non represented part time positions on the basis of the kind aed level of the duties and responsibilities of the positions, to tile end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualification reqnJrements, the same test of competence, and the same salary schedule or salary range. 2.01 A job class may contain one or more positions. 2,02 Classification of all confidential and non represented part-time positions shall require approval of the City Manager. Classification of all managemeet positions shall require concurrence of the Management Compensation Steering Committee and approval of the City Manager. Section 2.1 A position may be reclassified on the basis of changes in or re-evaluation of the duties, responsibilities and/ or qualification requirements of the position. 2.11 The Human Resources Director shall be responsible for recommeading such reclassifications as he finds to be necessary. 2.12 A reclassification sha]l become effective upon action by the City Manager on a Personnel Action Form. 2.13 Incumbents may or may not be reclassified with their positions, based upon the recommendation of the liuman Resources Director, the appropriate Executive Manager, and the approval of the City Manager'. 2.14 Reclassification of require concurrence Steering Committee Manager. management positions shall of the Management Compensation and approval of the City Rule2F/mmc Revised 04/14/88 RULE 3. COMPENSATION Se('t ion 3.0 The Haman Resoarces Director, under the direction of the City Manager shall be responsible for recommending wages, rales, and salary schedules and/or salary ranges for each confidential, managemeet, and son represented part-time job classification, the City Manager, City Attorney, City Clerk and the City Treasurer. Ru]e3F/mmc Revised 04/14/88 RULE 4. APPROPRIATE SALARY Se(tion 4.0 The pay plans for the City of Anaheim shall be as provided in tile various Salary Resolutions. CONFIDENTIAL CLASSES: Section 4.1 Regular, full--time confidential employees shall be eligible for consideration for merit pay increases as follows: 4.11 To the "Q" step of the salary schedule after completion of six months of service in the "P" step. 4.12 To the 'R" step after completion of six months of service in the 'Q' step. 4.13 To the ,,j, step after completion of six months of service in the "R" step. 4.14 To the 'A' step after completion of six months of service in the 'J" step. 4.15 To the 'B" step after completion of six months of service in the 'A' step. 4.16 To the 'C" step after completion of six months of service in the 'B' step. 4,17 To the "D" step after completion of twelve months of service in the 'C" step. 4.18 To the "E" step after completion of twelve months of service in the "D" step. Section 4.2 In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of his assigned duties, said employee may be given a special merit advancement to the next higher step without regard to the minlmnm length of service provisions contained in these rules upon the approval of tile employee's Executive Manager. Sectinn 4.3 For purposes of Rule 4, "six months" shall be construed to meao thirteen complete biweekly pay periods; and "twelve months" shall be construed to mean twenty-six biweekly pay periods. Section 4.4 Certain job classes, upon recommendation of the Human Resources Director and approval of the City Council shall be designated in the Resolution establishing rates for job classes by an 'S' before schedule numbers. Employees in these (:lasses shall be eligible for consideration for merit pay increases to tile "B" step after completion of six months of service in the "C' step, They shall be eligible for cossideration for merit pay increases to tile "E' step after completion of six months of service in the 'D" step. Tv Section 4.5 Merit pay increases shall be grauted upon approval ef the employee's Executive Manager for continued meritorious and efficient service and contieued improvement by the employee in lhe effective performance of the duties of his position. 4.51 Tile effective date of the merit pay increases shall be the first day of the pay period following approval as provided in Section 4.4 and completion of the minimum required service in the next lower step as provided in Section 4.1. Section 4.6 An employee may be reduced by one or more steps on the basis of unsatisfactory work performance or conduct. Such action shall require the specific recommendation of the employee's Executive Manager. The employee shall be notified by his Executive Manager not later than two calendar weeks prior to the effective date of the action. The notice shall contain a statement of the substantial reasons for the action and shall inform the employee that he may file a reply with the Executive Manager. 4,62 The employee may be returned to his former salary step at such time as deemed appropriate by his Executive Manager. Section 4.7 Newly hired employees shall normally be compensated at the lowest step of the salary schedule of the job class for which they were hired. The City may hire at a higher step in tile salary schedule through the "B" step without approval of the City Manager. Salary steps "C", "D" and "E" require approval of the City Manager. 4.71 The provisions of this rule shall also apply to re-employed and reinstated employees. Section 4.8 An incumbent employee reclassified with his position to a lower job class shall retain his rate of pay and his anniversary date foF purposes of merit pay increases, or shall be placed in the step of the lower salary schedule closest tc his rate of pay. If the "E" step of the salary schedule of the lower job class is lower than the incumbent's rate of pay, the rate of pay shall be identified as the "Y" step of the lower salary schedule. Ao employee compensated at the "Y" step hecause of a downward reclassification shall remain in the "Y" step until such time as his job class is assigned to a salary schedule in which the "E" step is equivalent to or higher than the "Y" step, at which time the employee shall be placed in the 'E" step. 4 81 An incumbent employee reclassified with his position te an equivalent job class shall retain his )'ate of pay and his anniversary date for purposes of merit pay increases. Seclion 4.9 An employee who is promoted or reclassified with his positiou to a higher job class shall be placed in the step of the higher salary schedule that will provide a pay increase of not less than 4% except when the "E" step of the higher salary schedule provides a pay increase of less than 4% or when the lowest step of the higher salary schedule is more than higher than the employee's current rate of pay. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of Section 4.1. Section 4.10 An employee who is demoted shall be placed in the step of the lower salary schedule that will provide a reduction in pay of not less than 4%. The employee shall be given a new anuiversary date for purposes of merit pay increases in accordance with the provisions of Section 4.1. Section 4.1l An employee in a job class which is assigned to a different salary schedule as a result of a pay adjustment shall retain his same salary step status in the newly authorized salary schedule and shall retain the same anniversary date for purposes of merit pay increases. MANAGEMENT CLASSIFICATIONS: Section 4.12 Management Job classes shall be allocated to salary ranges providing annual compensation according to the salary strocture listed in the salary resolutions. The midpoint of a salary range shall be considered the market value with ranges set at 80% to 120% of the midpoint. Section 4,13 Management employees shall receive a management package equal to eight percent (8%). The employee shall have the choice of receiving the management package in City-paid contribution to the Public Employees Retirement System, of the required employee coutribution or the equivalent amount in deterred compensation or additional earnings. 131 Employees hired to work on a part-time basis in any of the management classifications will be compensated at the rate of pay established for the full ~time classification. If the part-time employee is eligible for retirement benefit they shall receive the 8% Management Package. If the employee is not eligible for retirement benefit, they shall ouly receive the 1% additional earnings option of the Management Package. Section 4.14 Management employees shall be covered by the Management Pay for' Performance 1'lan. The City ConncJl shall authorize the basic merit pool fands to be used for management merit pay adjustments. The City Manager shall establish the Merit Pay increase Guide iu accordance with the merit pool funds established by the City Coancl] and shall implement management merit pay adjustments. Section 4.15 Management employees shall following management pay policies. be covered by the 4.151 A management employee, whose current actual salary is below the minimum of the range for his classification, and whose performance is competent, will be placed at the minimum rate of the range at the time the salary structure is adjusted. 4.152 Newly hired management employees shall be compensated at any rate within the lower third of the salary range for their job classification as authorized by the appointing authority. When economic conditJoes, unusual employment conditions, or exceptional qualifications of a candidate for employment indicate a higher rate would be in the City's best interests, the City Manager may authorize hiring at a higher rate in the salary range but this higher rate generally shall not be above the midpoint. 4,153 An employee who is promoted to a management job class shall be placed at a salary in the management salary range which provides a 10% pay increase, as long as it does not exceed the midpoint. If a 10% increase would place the employee's salary beyond the midpoint, the employee shall receive a minimum of 5% increase or an increase between 5% and 10% in order to bring the employee to the midpoint. 4.153] An employee promoted to the classif- ication of Chief Utilities Systems Operator, Electrical General Supervisor, Facility Maintenance Supervisor, Fire Battalion Chief, Police Lieutenant, Street Cleaning Supervisor, Street Maintenance Supervisor, Water General Supervisor or Water Production General Sopervisor will be placed at a salary in the management salary range which provides a 15% increase as long as it does not exceed the midpoint. If a 15~ increase would place the employee's salary beyond the midpoint, the employee shall receive a minimum of 5~ increase or an iacrease between 5% and 15~ in order to bring the employee to the midpoint. 4.]532 Prcmoled employees shall serve a six mooth probationary period. Employees promoted into the Executive Group shall serve a twelve month probationary period. 4.154 Aa employee rejected during the probationary period from a management job shall be returned to the classification in which he has regular status and to bis former salary level, unless the reasons for his failure to complete probation would be cause for dismissal from City service. 4.155 An employee, who takes a voluntary demotion or who is demoted as a disciplinary action from a management job class to a management or non-management job class, shall be placed in the highest step of the lower salary schedule/range which provides a pay reduction of between 5% and 10% based upon the percent given at time of promotion to the management job class. 4.156 An employee, whose position has been abolished due to lack of work or lack of funds and who is reassigned to another position, shall be placed at a rate of pay in the new salary schedule/range which does not provide an increase in pay. 4.157 A probationary management employee will be evaluated prior to completion of his probationary period, based upon the six month performance agreement established at the date of his appointment to the management classification. Such an employee may be eligible for a pay increase of up to 5% based upon his performance evaluation. A manager may elect to pass a management employee on probation, and extend the review date for purposes of a pay increase based upon performance. 4.157~ An Execative Manager shall be eligible for a pay increase of up to 5% at the end of six (6) months based upon performance but will serve a probationary period of twelve months. No additional compensation will be granted at the end of the probationary period. 4.158 A management employee may receive a reduction in salary on the basis of unsatisfactory work performance or conduct. Section 4.16 An exempt management employee may be appointed by the City Manager to serve in an acting capacity during an unplaoned absence from work of tbirty (30) calendar days or more ef another exempt management employee. Management employees who are granted acting pay by the City Manager shall receive a 5% increase in pay or the minimum rate of the higher salary range while in an "acting" capacity. 4 . 161 Provisional appointments to a management job classification shall be for a period of up to twelve months. Sections covering new appointments and promotions shall be used to determine the appropriate rate of pay. The employee wi]] be eligible for a six month salary review even though they are in a provisional status. Section 4.17 Reclassifications for management employees will occur as follows: 4.171 An incumbent, who is reclassified with his poistion to a management job class at a higher range, will be considered to be promoted and covered under those provisions except they will not serve a probationary period. 4.172 An incumbent, who is reclassified with his position to a management job class with no change in salary range, will retain his rate of pay. The reclassified employee will be eligible for up to a 5% salary adjustment at the end of six months. 4.173 An incumbent, who is reclassified with his position to a management job class at a lower range, shall retain his rate of pay in the new range. If his current rate is higher than the new salary range maximum, the rate of pay shall be identified as a "Y" rate. An employee compensated at the "Y" rate shall remain there until such time as the "¥" rate is within the salary range for the position. 4.1731 If a management classification is reassigned to a bargaining unit, the new "E" step shall be the midpoint of the salary range established for the management class. The incumbent's rate of pay shall be the base rate plus the Management Package. If the incumbent's rate of pay is beyond tile established "E" step, this rate shall be the "Y" step. The employee shall remain there until such time as the "Y" step is within the salary range for the position. 4.174 A management employee who's salary range is adjusted upward or downward based upon labor market sha] 1 retain his/her current rate of pay. Section 4.18 Merit pay iacreases and pay adjustments for Executive Managers shall require approval of the City Manager. An Executive Manager denied a merit increase or pay adjustment shall be compensated at his present rate of pay. 4.181 Merit pay increases for the City Manager, City Attorney, City Clerk and City Treasurer shall require approval of the City Council. Section 4.19 Employees hired to work in the classification of Maeagement Intern will be considered full-time employees for the purpose of benefits (PERS exempt) and other rules and policies except RULE 11 Layoff and Re-Employment. This classification is part of the Management Intern Program and will have a fixed term not to exceed one year from date of hire. Section 4.20 The City Manager, City Attorney, City Treasurer shal also be subject to the Sections 4.12 through 4.20 of this RULE. City Clerk and provisions of PART TIME CLASSIFICATIONS: Section 4.21 Part-time employees in job classes designated in the Resolution establishing rates for job classes by an "A" before schedule numbers shall be eligible for consideration for merit pay increases as follows: 4.211 To the "Q" step of the salary schedule after completion of 520 work hours in the "P' step. 4.212 To the "R" step of the salary schedule after completion of 520 work hours in the "Q" step. 4.213 To the "J" step of the salary schedule after completion of 520 work hours in the "R' step. 4.214 To the "A" step of the salary schedule after completion of 520 work hours in the "J" step. 4.215 To the "B" step of the salary schedule after completion of 520 work hours in the "A" step. 4.216 To the "C" step of the salary schedule after completion of 520 work hours in the "B" step. 4.217 To the "D" step of the salary schedule after completion of 520 work hours In the "C" step. 4.218 To the "E" step of the salary schedule after completion of 520 work hours in the "D" step. Section 4.22 Part time employees in job classes designated in the Resolotion establishing rates for job classes by a "B" before schedule numbers shall be eligible for consideration for merit pay increases as follows: 4.221 To the 'Q" step of the salary schedule after completion of 1040 work hours in the "P" step. 4.222 To tile "R" step of the salary schedule after completion of 1040 work hours in the "Q" step. 4.223 To the "J" step of the salary schedule after completion of 1040 work hours in the "R" step. 4.224 To the "A" step of the salary schedule after comp]etlon of 1040 work hours in the "J" step. 4.225 To tile "B" step of the salary schedule after completion of 1040 work hours in the "A" step. 4.226 To the "C" step of the salary schedule after completion of 1040 work hours in the "B" step. 4.227 To the "D" step of the salary schedule after completion of 2080 work hours in the "C" step. 4.228 To the "E" step of the salary schedule after completion of 2080 work hours in the "D" step. Section 4.23 Part time employees in job classes designated in the Resolutien establishing rates for job classes by a "C" before schedule numbers shall be eligible for consideration for merit pay increases as follows: 4 231 To the "Q" step of the salary schedule after completion of 1040 work hours in the "P" step. 4 232 To tile "R" step of the salary schedule after completion of 1040 work hours in the "Q" step. 4 233 To the "J" step of the salary schedule after completion of 1040 work heurs in the "R" step. 4 234 To the "A" step of the salary schedule after completion of 1040 work hours in the "J' step. 4 235 To the "B" step of the salary schedule after completion of 1040 work hours in the "A" step, 4 236 To the "C" step of the salary schedule after completion of 1040 work hours in the "B" step. 237 To the "D" step of tile salary schedule after completion of J040 work hours in the "C" step. 238 To the "E" step of the salary schedule after completion of 1040 work hours in the "D" step. Section 4.24 An incumbent employee reclassified with his position to a lower Job class shall be placed in the step of the lower salary schedule closest to his rate of pay without providing an increase. An incumbent employee in a part-time management job class shall be covered under the same provisions as Sections 4.153 and 4.1531. Section 4.25 A part-time employee who is promoted or reclassified with his position to a higher part-time job class shall be placed in the step of the higher salary schedule that will provide a pay increase of not less than 4% except when the "E" step of the higher salary schedule provides a pay increase of less than 4% or when the lowest step of the higher salary schedule is more than 4% higher than the employee's current rate of pay. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of Section 4.]. 4.251 An employee who is promoted into a part-time management classification from another part-time classification or from a part-time management job class to another part-time management job class shall be covered under the provisions of Section 4.153. Section 4.26 When more than one personnel action involving changes in an employee's salary step status become effective on the same day, ali such changes shall be in accordance with the provisions of the preceding sections of the Rule, and shall take place in the roi]owing order of precedence: (1) adjustment to same salary step in newly authorized salary schedule; (2) merit pay advancement or rednctlon in salary step; and (3) promotion, demotion, or reclassification. This section shall apply to all confidentia], management and non--represented part-time employees. Rule4F/mmc Revised 04/14/88 RULE 5 HOURS OF ~ORK AND PAY DAY Se.lion 5.0 The average regnlar werk week for full-time coafidential and management employees in the classified service with the exception of certain designated personnel in the Fire Department, shall be forty (40) hours. 5.01 For all employees with an average regular work week of forty (40) hours, the monthly rate shall be the hourly rate times 2080 divided by 12. 5.02 In certain instances alternatives to the traditional work schednle for the convenience of the employee may be appropriate. Such schedules may be installed under the following gaidelines: 5.021 The City or the employee may initiate a request regarding such alternate work schedules. 5.022 Alternate work schedules shall not reduce service to the public. 5.023 Sach schedules may be revoked by either party upoe notice to the other party. 5.024 Such schedules may continue by mutual agreement of both parties. Section 5.1 The regular work schedule for certain designated personnel in the Fire Department shall be eight (8) twenty-four hour shifts in a twenty four day cycle. The average work week of such designated personnel shall be defined as a fifty-six (56) hour work week. 5.11 For employees with an average work week of fifty-slx (56) hours the monthly rate shall be the hourly rate times 2912 divided by 12. 5.12 An employee with an average regular work week of 56 hours shall be eligible for 112 hours biweekly pay when the employee is at work or on paid leave for all regular]y scheduled work shifts during the pay period. Such employees on leave without pay shall have 24 hours pay deducted from the 112 hours biweekly pay each work shift not worked during a pay period. Such employees appointed other than at the beginning of a pay period, or separated other than at the end of a pay period shall be paid for actual hours worked or a maximum of 112 hours, whichever is less. Section 5.2 confident:iai, shall be paid Regular salaries and compensation of all management and non-represented part-time employees on a biweekly basis. 5.21 Executive Mauagers shall Furnish the Finance Department with payroll and attendance records of their various departments, dnly certified for payment and approved by them as to the employees in their respective departments, the day after the close of the payroll period. 5.22 Prior to issuance of any payroll checks, the regular payroll register shall be audited by the Human Resources Director for compliance with applicable City personnel rules and regulations. Any unauthorized payment appearing on the payroll register shall be withheld by order of the Human Resources Director. 5.222 The payroll register for' the event payroll system shall be audited by Executive Managers with employees paid through the event payroll system for compliance with applicable City personnel rules and regulations. Any unauthorized payment appearing on the payroll register shall be withheld by order of that Executive Manager. 5.23 The Finance Director shall issue payroll checks for the payment of authorized salaries and compensation. 5.231 The City shall pay annual sick leave payoff or vacation buy back by separate check. 5.232 All holidays, vacation and sick leave shall be paid at the employees regular rate of pay. Annual sick leave and vacation buy back shall be paid at the employees base rate of pay. 5.24 Payrolls, duly certified as aforesaid, shall be presented to the City Council for ratification and approval at the first or any regular meeting of the City Council succeeding the delivery of such payroll checks. Rule5F/mmc Revised 04/14/88 RULE 6. PREMIUM PAY Seciion 6.0 A fail lime Confidential employee ia the classified service who performs authorized work in excess of his normal work period, regular work week, work day or shift shall be compensated for such work at the rate of one and one-half times his regular hourly rate of pay. Management employees shall be compensated for overtime hoars worked only as provided for in Sections 6.05, 6.051 and 6.06. A temporary, seasonal, or pact-time employee in the exempt service who performs authorized werk irt excess of forty (40) hours in his regular work week shall be compensated for such overtime work at the rate of one and one-half times his rega]ar hourly rate of pay. 6.01 Overtime shall be calculated to the nearest one-quarter hour of overtime worked, except any overtime of less that one-half (1/2) hour duration shall be calculated to the nearest one-half (1/2) hour. 6.02 Ail overtime must be authorized by the appropriate Administrative Manager. 6.03 Certain job classes in the classified service shall be exempt from the above overtime provisions upon the recommendation of the Human Resources Director and the approval of the City Council. These job classes shall be designated in the resolution establishing rates for job classes by an "X" before schedule or salary range numbers. Compensatory time off (at the rate of straight time) for overtime worked by employees in these job classes may be authorized and administered by the appropriate Executive Manager. Compensatory time off shall be authorized during a partial work day or shift absence when the employee is no longer eligible to receive any other authorized paid leave. 6.04 Notwithstanding the above overtime provisions, there shall be no compensation (overtime pay or compensatory time accumulated) for the time spent, outside normal work hours, in attending meetings of any kind which are for the purpose of education or training. Police Lieutenants shall be compensated at their regular hourly rate of pay for required court appearances during off-duty honrs, Police Lieutenants and Police Captains shall be compensated at their regular hourly rate of pay for those selected supervisory work functions performed while engaged in internal secarlty for Anaheim Stadium Rock Concert events. 6.05 6,06 6. 04 ~t The ciassificatinn of Fire Battalion Chief assigned to situational manning and the Police Lieuteeant serving as Watch Commander shall be compensated at the rate ef one and one-half times their hourly rate of pay for all overtime hours worked while serving in that capacity. 6.042 Certain part-time classifications working in designated Recreation Programs shall be exempt from overtime. The programs of Playgrounds, Day Camp and Pearson Park Theatre have been designated as meeting the Recreation Emp]oyee Exemption as specified in Section 260 of the Fair Labor Standards Act. Specified part-time employees working in these programs shall be compensated at the straight time hourly rate for all hours worked, Management employees in exempt job classes may be compensated for overtime work authorized by the appropriate Executive Manager at the rate of one and one half times their regular hourly rate of pay provided that such employees have been assigned by the appropriate Executive Manager to perform work normally performed by employees in non-exempt job classes. The classification of Plan Check Supervisor may be paid at the overtime rate for overtime work authorized by the Executive Manager and performed in response to a developer's request to expedite plan checking. The overtime rate shall be one and one--half times the hourly base rate, Non-represented part-time employees in the classifications listed below shall be guaranteed a minimum of four (4) hours paid at their current hourly rate. For time worked in excess of four (4) hours, employees shall be paid straight time overtime based on the applicable hourly rates to be computed in quarier-hour units. Assistant Box Office Treasurer-Convention Center Bnx Office Treasurer-Convention Center Head Ticket Taker-Stadium Head Ticket Seller-Stadium Head Usher Convention Center Head Usher Stadium Crowd Control Supervisor P/T Telephone Operator/Receptionist- Convention Center and Stadium ONLY P/T Secnrity Guard-Convention Center and Stadium ONLY Scoreboard Operator Head Parking Lot Attendent-Conventlon Center Head Parking Lot Attendent-Stadium Head Parking Lot Cashier-Convention Center Head Parking Lot Cashier Stadium 6.061 Non-represented part-time employees in the classifications listed below who work separate events at both locations (Anaheim Stadium and Convention Center) on the same day, the four (4) hour guarantee stated in Section 6.07 shall apply to each said event. Head Parking Lot Attendent-Convention Center Head Parking Lot Attendent-Stadium Head Parking Lot Cashier-Convention Center Head Parking Lot Cashier-Stadium Section 6.1 A full-time confidential employee assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than during normal working hours shall be guaranteed three (3) hours of pay at his regular hourly rate of pay for each calendar day of such standby duty. Section 6.2 Call out compensation for full-time confidential employees shall be in accordance with the following provisions: 6.21 When an employee is called out for emergency work, he shall be paid at the rate of one and one-half times his regular rate of pay for such emergency work, 6.22 All emergency call out time shall be calculated to the nearest one-quarter (1/4) hour of time worked. 6.23 A minimum of three (3) hours (including travel time) of pay at the rate of one and one-half times the employee's regular rate of pay shall be guaranteed for each emergency call-out. 6 . 231 Employees subpoenaed to appear during off-duty hours as a prosecution witness for court matters within the scope of their employment and who receive such subpoenas after 5:00 p.m. of the calendar day prior to the date of court appearance shall receive overtime compensation according to emergency call out provisions 6,24 A minimum of two (2) bouts pay at the rate of one and one-half times the employee's regular rate of pay shall be guaranteed for planned overtime, except when such overtime occurs immediately before or after a regular work period. 6.241 Confidential employees sabpoenaed to appear during off-duty hours as a prosecution witness for court matters within the scope of their employment and who receive such subpoena before 5:00 p.m. the calendar day prior to the date of court appearance shall receive overtime compensation according to the planned overtime provisions. 6.25 Forty five minutes time shall be added to the time worked to compensate the employee for travel time incurred for each emergency call out. 6.26 Management employees shall be exempt from the provisions of Section 6,2. Sectiou 6.3 All eight hour periods, regularly scheduled to begin at 3:00 P.M., or thereafter, but before 3:00 A.M. shall be designated as night shift. 6.31 A premium of 5.0% of the employee's regular hourly rate of pay shall be paid for work performed in the night shift. 6.32 A premium of 5.0% of the employee's regular hourly rate of pay shall be paid for each hour worked in his regular rate of pay between 3:00 A.M. and 6:00 A.M. 6.33 When a shift premium is applicable to time worked at the overtime rate of pay, the overtime rate shall be applied to the applicable shift premium. 6.34 6.35 Section 6.4 temporary as is assigned class. 6.41 6.331 When an employee is required to work continuously without a break beyond the end of his night shift, the overtime rate shall be applied to the applicable shift premium. Shift premium shall be payable only for hours actually worked and shall not be paid for non-work time, such as vacations, holidays, sick leave, et(:. Management and part-time employees shall be exempt from the provisions of Section 6.3. Temporary upgrading shall be defined as the signment of an employee to work in a job class which to a salary schedule higher than his regular job Confidential employees temporarily upgraded to certain job classes shall be compensated at the lowest step in the higher salary schedule that will provide a premium of not less that 4.0% of the employee's regular hourly rate of pay for each hour worked in the higher job class during normal working hours if they are assigned to work in the higher job class for a minimum of two (2) hours of each day. Employees temporarily upgraded to job classes during other than normal working hours shall be compensated at the lowest step on the higher' salary schedule that will provide an upgrade premium of not less than 4.0~ of the employee's regular hourly rate of pay for all time worked in the higher job class. The "E" step in the higher salary schedule shall be the maximum upgrade premium when the "E" step of the higher salary schedule provides an upgrade in the Resolution establishing rates for Job classes by a "U2" before schedule numbers. 6.411 Employees upgraded to the job classes listed below shall be paid in accordance with paragraph 6.31, provided however that a minimum of twelve (12) hours or longer mnst be worked before payment will be made from the first day. Such job classes shall be designated in the Resolution by a "U12" before schednle numbers. Administrative Secretary Office Supervisor - Confidential Principal Office Specialist-Confidential Section 6.5 Employees management job classes numbers shall receive a management salary range, worked in the management are assigned to work for a 6.51 Secretary Senior Clerk Confidential Senior Office Specialist-Confidential Senior Secretary Planning Commission Secretary temporarily upgraded to certain designated by a "U" before salary range 5% increase or the minimum rate of the whichever is higher, for each hour class during normal work hours if they minimum of two (2) hours each day. Employees temporarily upgraded to the positions of Police Lieutenant or Fire Marshal shall receive a 5~ increase or the minimum of the range of the job class, whichever is higher, for all time worked in the higher (:lass during normal work hours if they are assigned to work in the higher classification for a period of one complete work shift (8 working hours) or longer. 6.52 6.53 6.54 Employees temporarily upgraded to Fire Battalion Chief shall receive a 5% increase or the minimum of the range of the job class, whichever is higher, for all time worked In the higher job class dnring normal working hours if they are assigned to work in the higher job class for a period of four (4) working hours or longer. Employees temporarily upgraded to Branch Librarian or Children's Service Librarian shall receive a 5% increase or the minimum of the range of the job class, whichcver is higher, for ail time worked in the higher class during normal work hours, if they are assigned to work in the management class for a period of twelve (12) hours or longer. Upgrade to a vacant position shall be limited to six months, except in cases of extended sick leave, industrial accident leave or leave without pay, Section 6.6 Full-time confidential and management employees required to speak, read and/or write in Spanish or other ]angoages as well as English as part of the regular duties of their position will be compensated at the rate stated in the salary reso]utinns per pay period except while on STD or Leave Without Pay over forty (40) hours in a pay period in addition to lhcir regnlar pay. 6.61 The appropriate which positions duties. Executive Manager shall shall be assigned designate bilinguai 6.62 The Hnman Resources Director shall conduct a test of competency for employees whose positions have been assigned bilingual duties to certify these employees eligible for biliugual pay, except that operating departments with authorized bilingual certifiers may conduct their own test of bilingual competency and notify the Human Resources Director of the outcome of the test. 6.63 The effective date of bilingual pay certification shall be the first day of the pay period following the passing of the bilingual test by the employee as provided in Section 6,62. Bilingual pay eligibility shall continue in accordance with the above provisions during any period of leave with pay. Scction 6.7 Non-represented part-time employees required to speak, read and/or write in Spanish or other languages as well as English as part of the regalar duties of their position will be compensated at the rate stated in the salary resolution for al I huurs worked in addition to their regular pay. 6.71 Section 6.8 Sections 6.61, 6.62 and 6.63 above shall also apply to nou represented part-time employees. An employee assigned to the Fire Battalion Chief / Operations Division Chief, Fire Battalion Chief / Training Division Chief or Fire Battalion Chief / Administrative Division Chief position shall receive assignment pay equal to ten percent (10%) of the Fire Battalion Chief salary range midpoint for all hoots except Short Term Disability (STD) or Leave Without Pay (LW) over 40 hours per pay period, while assigned to the position, 6,81 An employee assigned to the position of Fire Marshal shall receive assignment pay equal to seven and one--half percent (7 1/2%) of the Fire Marshal salary range midpoint for all hours except Short Term Disability (STD) or Leave Without Pay (LW) over 40 hours per pay period while assigned to the position. Section 6.9 The City City Treasurer shall RULE. Manager, City Attorney, City Clerk and also be subject to the provisions of this Rale6F/mmc Revised 04/14/88 RULE 7. APPOINTMENTS AND PROMOTIONS Section 7.0 management based on practicable ased and employees. which wi]], fairly Appnintments and promotions of confidential, aad non represented part--time employees shall be merit and fitness to be ascertained so far as by competitive examinations. Examinations shall be conducted to aid in the selection of qualified and shall consist of recognized selection techniques Jn the opinion of the Human Resources Director, test the qualifications of candidates. 7.01 Notwithstanding any other provision of this Personnel Rule 7, vacant positions in the classified service may be filled by appointing part time employees currently employed in part time classifications with the same full-time equivalent classifications. Section 7.1 Minimum standards of employment for each job class shall be recommended by the Human Resources Director and approved by the City Manager. Section 7.2 Vacancies in positions above the entry level shall be filled by prnmotion whenever one or more qualified candidates are available, except when a qualified, work-disabled employee is placed in such position according to the Vocational Rehabilitation Administrative Regulation. Promotions shall be on a competitive basis except when the Human Resources Director finds that the number of employees qnalified for promotion is insufficient to justify competition. Appropriate consideration shall be given to promotional candidates' qualifications, record of performance, and seniority, in that order. 7.21 Advancement to a higher paid job class shall constitute a promotion. Section 7.3 Examinations for appointments and promotions shall be in such form as wi]] fairly test the abilities and aptitudes of candidates for the duties to be performed, so that such appointments and promotions will be solely based on qualifications without regard to race, color, national origin, religious or political affiliation or belief, membership in or attitude toward any employee organization, sex, age, or physical disability, except where sex, age, or lack of physical disability is a bona fide occupational qualification. may use the "Promotion Without provisions of 7.2 under the following Departments Competition" conditions: 7.311 When the position is one which has been budgeted at the "journey" level and is currently underfi]]ed by a trainee, the Executive Manager need only notify the Human Resources Director, in writing, that the employee be promoted and a statement that the employee neets all of the minimum requirements for the higher level position. Section 7.4 Candidates who qualify for employment or promotion shall be placed on an eligibility list for the appropriate job class. At such times as a department management evaluation is included in tile establishment of a promotional eligibility list, the ]]st shall rank the e]igible candidates in the order of final evaluation and appointments from that list shall normally follow rank order. 7.41 Employees shall be given written notice of their rank order on promotional eligibility lists. Section 7.5 When an appointment is to be made to a vacancy, the Humau Resources Director shall submit to the appropriate Executive Manager the names on the appropriate employment list. Appointments to vacant positions shall be made by the appropriate Executive Manager, with the concnrrence of the Human Resources Director. 7.51 The appropriate Executive Manager, with the concurrence of the Human Resources Director, may order names removed frum an eligibility list for good and sufficient reasons. Employees shall be given written notice of removal of their names from eligibility lists. Section 7.6 Any appointment or promotion to an Executive Manager position shall be made by the City Manager with the approval of the City Council. Section 7.7 In the absence of appropriate employment lists, a provisional appointment may be made by the appropriate Executive Manager with the approval of the Human Resources Director and the City Manager of a person meeting the minimum qualifications for tile position. For Confidential classifications, an eligibility list shall be established within six months of any regular, full-time position filled by provisional appointment. For Management classifications, an eligibility list shall be established within twelve (12) months of any regular, full-time position filled by provisional appointment. In the event that any prov~siona] appointee fails to qnalify on the eligibility list as established within the appropriate time frames of his provisional appointment, said provisional appointee shall have his employment terminated no later than the close of the first complete biweekly pay period following the establishing of the eligibility list. Section 7.8 Appointments to certain grant funded positions as designated by the City Manager may be made without competitive examinations and/or evaluations. Such appointments may be made by the appropriate Executive Manager with the approval of the Hmnan Resources Director. In the event that a grant-funded appointee falls to complete competitive examinations and/or evaluations and is not appointed to a City-funded position during his period of employment under the grant, said grant funded appointee shall be terminated from City employment. Rule7F/mmc Revised 04/14/88 RULE 8. EMPLOYMENT LISTS Section 8.0 Employment lists, in order of their priority, shall be re-employment lists and eligibility lists. Section 8.] Re-employment lists shall contain the names of regalar, full-time employees laid off in good standing for lack of funds or work. Names on re-employment lists shall remain for a period not to exceed one (1) year. Section 8.2 Eligibility lists shall be created in accordance with the provisions of RULE 7. 8.21 Eligibility lists may contain the names of one or more persons eligible for employment. 8.22 Open competitive eligibility lists shall remain in effect for a period of one year or until depleted. Eligibility lists containing less than three (3) names may be considered depleted. Eligibility lists may be extended by the Human Resoorces Director for a period not to exceed one (1) additional year. 8.23 Promotional eligibility lists shall remain in effect for a period of two (2) years or until depleted. Promotional eligibility lists cannot be extended. Rule8F/mmc Revised 04/14/88 RULE 9. PROBATION Section 9.0 Full-time confidential and management employees appointed from eligibility lists, appointed through the "Promotion Withont Competition process, reinstated employees, and employees reassigned according to the Vocational Rehabilitation Administrative Regulation shall be subject to a period of probation. The regular period of Probation shall be thirteen (13) complete biweekly pay periods unless otherwise specified for certain designated job classes. 9.01 Executive Managers shall period of twenty-six (26) periods. serve a probationary complete biweekly pay 9.02 Employees in the part-time classifications of Police Reserve and Police Reserve-Special shall serve a probationary period of twenty-six (26) complete biweekly pay periods. 9.03 Non-represented part-time employees shall serve a probationary period of twenty-slx (26) complete biweekly pay periods or until 1040 hours are worked, whichever is sooner. 9.04 In the event an employee is aseigned to light duty status or is absent from work due to a lengthy illness or injury during his probationary period, said employee's probationary status may be extended beyond the regular period of probation in the amount of one complete biweekly pay period for each complete biweekly pay period assigned to light duty status or lost due to such illness or injury. 9.05 Upon successful completion of period, an employee shall be status in the classification probatiooary period is served. a probationary granted regular in which the Section 9.1 The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and, if found to be be]ow standards satisfactory to the appointing authority, the appropriate Executive Manager may reject the probationer at any time during the probationary period. Such rejections shall not be subject to review or appeal unless such a rejection is alleged to be contrary to the provisions of any state or federa] law or the Personnel Ordinance and/or Personnel Resolution. 9.11 An employee rejected or laid off during the probationary period from a position to which he has been promoted or transferred shall be returned to the classification in which he has regular status unless the reasons for his failure to complete his probationary period would be cause for dismissal from City service. 9.12 The appropriate Executive Manager shall request the Human Resources Department to prepare a Personnel Action Form to separate or return to a former classification arty employee to be rejected during a probationary period. Section 9.2 An employee sha]] be retained beyond the end of the probationary period only if the appropriate Executive Manager affirms that the services of the employee have been found to be satisfactory. Rule9F/mmc Revised 04/14/88 RULE 10. SUSPENSION. DEMOTION AND DISMISSAL Section 10.0 The tenure of every full-time confidential, management and non-represeated part-time employee shall be conditioned on good behavior and satisfactory work performance. Any employee may be suspended, demoted or dismissed for good and sufficient cause. 10.01 When in the judgment of the appropriate Executive Manager, a confidential, management or non represented part--time employee's work performance or conduct justifies disciplinary action short of demotion or dismissal, the employee may be suspended without pay. Upon taking such action, the Executive Manager shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action. No employee shall be suspended for more than thirty (30) caleudar days at any one time, except as provided for in Section 10.021. 10.011 For purposes of this RULE, the term "Suspension" as applied to non - represented part time employees shall be defined as to not be scheduled to work for a designated number of days, not to exceed thirty (30) calendar days. 10.02 A confidential, management or non - represented part-time employee may be demoted or dismissed upon recommendation of an Administrative Manager nr other appropriate supervisor whenever in the judgment of the appropriate Executive Manager, the employee's work or misconduct so warrants. Upon taking such action, the Executive Manager shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action and the effective date of the action. 10.021 Suspension without pay pending farther action shall be the status of dismissed full--time employees appealing dismissal under provisions of Rule 31, Grievance Procedure. Such suspension shall not exceed ninety (90) calendar days. 10.03 The demotion or dismissal of any Execlltive Manager shall require the approval of the City Council before such action is taken by the City Manager. RulelOF/mmc Revised 04/14/88 RULE 11. LAYOFF AND RE-EMPLOYMENT Section 11.0 l,ayoff for lack of work or lack of funds shall be on the basis of an evaluation of qualifications and seniority within the affected job class. 11.01 An employee whose position has been abolished due to lack of work or lack of funds shall be reassigned by his department head to any position within his division or department in an equivalent or lower job class for which he meets the minimum requirements and has City seniority over other employees in the job class. If the employee whose position has been abolished does not have City seaiority over other employees in equivalent or lower classes, he may be reassigned by his department head to any vacant position within the department in an equivalent or lower job class, for which he meets the minimum requirements. 11.011 Emp]nyees in confidential job classes so reassigned shall be placed in the salary step of the appropriate salary schedule closest to their rate of pay. Employees so reassigned shall be reinstated to their former job class and salary step status when positions in their former job class (within their division or department) become vacant. Such reinstatement shall be on the basis of City seniority. 11.012 Employees in management job classes reassigned to another management job class shall retain their current rate of pay if ii. falls within the salary range of the classification reassigned to. Otherwise, their rate of pay will be adjusted to the maximum of the salary range for the new classification. 11.013 Employees in management job classes reassigned to a bargaining unit classification will be placed In the closest salary step of the new job class which does not provide an increase using the actual hourly rate (including the 1% additional earniags). 11.014 Employees in bargaining unit classifi- cations who are reassigned to a manage- merit job classification where the salary range midpoint is equal to or less than the "E' step of the bargaining unit classification shall retain their current rate of pay provided it fa]is within the salary range of the management classifi- cation. Otherwise, the rate of pay will be adjusted to the maximum of the salary range. The 1% additional earnings for management classifications will not be used in the calculation for determining the appropriate rate of pay. 11.02 Whenever an empleyee whose position has been abolished cannot be reassigned to a vacant position within his division or department, he shall be reassigned by the City Manager to any vacant position in any other division or department in his job class or ill an equivalent or lower job class for which he meets the minimum qualifications for employment. The appropriate rate of pay will be the same as outlined in Sections 11.011, 11.012, 11.013 and 11.014. Employees reassigned to vacant positions in an eqnivalent or lower job class in any other division or department shal] be reinstated to their former job class and salary step status when positions in their former Job class (within their former division or department) become vacant. Such reinstatement shall be on the basis of City seniority. Section 11.1 Whenever an employee whose position has been abolished is not reassigned to any vacant position, he shall be placed on the re-employment list far his job class. Persons on the re-employment list shall be re employed with their former salary step status when positions in their job class (within the division or department from which they were laid off) become vacant. Re employment shall be on the basis of City seniority. Section 11.2 Whenever an employee is reassigned to a vacant pesition in the same class, an eqalvalent class, or lower class as herein provided, he shall retain the same anniversary date fop purposes of merit pay increases. Section 11.3 position in provided, he of merit pay 4. Whenever an employee is reinstated to a vacant his former job class, or re employed as herein shall be given a new auniversary date for purposes increases in accerdance with the provisions of RULE 11 .31 An employee reinstated from the re-employment list shall be considered to have continuous service and may be credited with the amount of accumulated sick leave he has accrued at the time of layoff if he elects to remit te the City any payment received under the provisions of RULE 17, SICK LEAVE. Section 11.4 The provisions of this RULE shall apply only to regular, full time confidential and management employees in the classified service. Employees appointed to certain grant funded positions as designated by the City Manager under Section 7.7 shall be excluded from the provisions of this RULE. RulellF/mmc Revised 04/14/88 RULE 12~ REINSTATEMENT Section 12.0 A frill time confidential or management employee who terminates his employment in good standing may be reinstated to a vacant position in his former job class within three years of his termination date without requalifying for employment by competitive processes. 12.01 An employee reinstated within thirty (30) days of his termination date shall be considered to have continuous service and shall be credited with the amount of accumulated sick leave he had at the time of termination. He shall be placed in his former salary status step/range and shall retain his anniversary date for purposes of merit pay increases. If his anniversary date has occurred during the period of his absence, his new anniversary day shall be the first day of the next biweekly pay period following reinstatement. 12.02 An employee reinstated after thirty days of his termination date may be considered to have broken service for purposes of salary status, and shall be considered to have broken service for all other employee benefits. Section 12.1 An employee may be reinstated under the provisions of the Vocational Rehabilitation Administrative Regulation to any vacant position for which he/she meets the minimum qaalifications. Section 12.2 The provisions of this RULE shall apply only to regular full-time confidential and management employees in the classified service. Rulel2F/mmc Revised 04/14/88 RULE 13. VOLUNTARY DEMOTION Sect Jori 13.0 If an employee takes a voluntary demotion as a result of a downward reclassification of his/her position, the salary step slatus shall be in accordance with the provisions of Section 4.7 or 4.183. Section 13.1 Voluntary demotions as a result of impending layoff shall be in accordance with the provisions of RULE 11. Section 13.2 An employee may request a voluntary demotion for any reason. Such a voluntary demotion shall require the approval of the Executive Manager under whom the employee will serve and tile Human Resources Director. An employee taking such a voluntary demotion may be placed in any salary of the appropriate salary schedule that does not provide an increase in salary. He/she shall be given a new anniversary date for purposes of merit pay increases in accordance with provisions of Section 4.1. 13.27 Voluntary Vocatioeal Regulation provisions demotions in accordance with the Rehabilitation Administrative shall be in accordance with the of Section 13.2. Section 13.3 An employee who has taken a voluntary demotion to a lower job class may be reinstated to a vacant position in his/her former job class within three years of the effective date of the voluntary demotion without requalifying by competitive processes. 13.31 An employee reinstated to his/her former job class from a voluntary demotion shall retain their rate of pay, If the rate of pay is not included in the salary schedule/range of his/her former job class, he/she shall be placed in the salary of that salary schedule/range which is closest to their rate of pay. He/she shall retain their anniversary date for purposes of merit pay increases; however, if he/she is placed in the "P", "Q", "R", "J", "A" or "B" step of the salary schedule they shall be eligible for a merit pay increase after thirteen complete biweekly pay periods or their regular anniversary date, whichever is sooner. Section 13.4 The regular full-time classified service. provisions of this RULE shall apply only to confidential and management employees in the Rulel3F/mmc Revised 04/14/88 RULE 14. TRANSFER Secllou 14.0 A change of all employee's place of employment from one control center to another or from one department to another shall be considered a transfer. A change of an employee's place of employment to a vacant position in a job class on the same salary schedule/range as his own job class shall also be considered a transfer. 14.01 A transfer from one control center to another or from one department to another shall require the approval of 1he head of the division or department to which tile employee is transferring and the Human Resources Director. Such a transfer shall be initiated by request of the employee to the Human Resources Director. 14.02 A transferred employee shall retain his rate of pay and his anniversary date for purposes of merit pay increases. 14.03 In order to be transferred to a job class with minimum standards of employment substantially different from those of his own job class, an employee shall be required to demonstrate his eligibility for employment in accordance with the provisions of Rule 7 and shall serve a new probationary period in accordance with the provisions of Rule 9. Section 14.] For management classifications, a change of employee's job classification to another job classification in the same salary range as his/her own job class shall be considered a transfer. 14.11 When a department is considering filling a vacant management position through a transfer from outside the department, the availability of the position will be announced by the department prior to initiating the transfer. The Executive Manager will determine the best manner in which to make the announcement, but must ensure that the announcement is made on a city-wide basis and that snfficient time is available for interested employees to contact the department to request that they be considered. ]4.12 Execulive Managers shall retain the right to fill their positious through the transfer if they determine it is in the best interest of their department to do so after the announcement has been made and employees have had the opportunity to express their interest in the position. 14.13 Executive Managers must conduct an evaluation of each employee's qualifications and notify the Human Resources Director, in writing, to receive concurrence that the transferred employee meets the minimum qualifications for the position. Section 14.2 Transfers for the betterment of employees and the best interests of the City shall be encouraged by all echelons of management. Section 14.3 The provisions of this RULE shall apply only to regular, full-time confidential and management employees in the classified service. Rulel4F/mmc Revised 04/14/88 RULE 15. HOLIDAYS Section 15.0 Thc fo]lowing days shall be recognized as holidays, and regular full-time confidential and management employees in the classified service, with the exception of Fire Battalion Chief assigned to suppression as outlined in Section 15.2, shall have these holidays off with pay. January 1st, New Year's Day Third Monday in February, President's Day Last Monday In May, Memorial Day July 4th, Independence Day First Monday in September, Labor Day November llth, Veteran's Day Fourth Thursday in November, Thanksgiving Day Friday after Thanksgiving December 25th, Christmas Day Every day designated by the City Council for a public feast, thanksgiving, or holiday Section 15.1 In the event that any of the above holidays fall on an employee's scheduled day off, said employee shall observe the preceding work day or the fo]lowing work day as scheduled by the Executive Manager to provide maximum regular service to the public. Section 15.2 Certain designated employees may be required to work on any of the above holidays or days observed in lieu of those holidays. A confidential employee required to work on any of the above holidays or days observed in lieu of those holidays shall receive additional compensation equivalent to one and one-half times his regular rate of pay. A management employee required to work on any of the above holidays or days observed in lieu of these holidays shall receive compensatroy time off (at the rate of stralght time) for time worked. Fire Battalion Chiefs assigned to Suppression and Job classes exempt from overtime provisions of RULE 6, PREMIUM PAY, shall be exempt from the provisions of this Section. Section 15.3 Fire Battalion Chiefs assigned to Suppression shall receive additional compensation equivalent to I/lOth of his regular biweekly compensation for each holiday listed in Section 15.0 and for September 9 (Admission Day). Employees in this classification shall also have the option to accumulate 11.2 hours per holiday. Under the option, any hours accrued but not taken will be paid off at the employee's regular hourly rate of pay as of the end of the pay period including October 1st. Upen termination, a Fire Battalion Chief assigned to Suppression shall be compeusated in cash at his current rate of pay for any hoars accrued but not taken. Selection of the Holiday option shall be made on September 1st of each year. No employee who is on suspension or unpaid leave of absence during a holiday pay period shall receive additional compensation or accumulate hours during that pay period. Section 15.4 In order to be eligible for holiday pay, an employee must be either at work or on paid leave of absence on the regularly scheduled work day immediately preceding the holiday or day observed in lieu of the holiday and the regularly scheduled work day immediately following the holiday or day observed in lieu of the holiday, No employee who is on suspension or unpaid leave of absence on either the regularly scheduled wurk day immediately preceding or immediately following the holiday or day observed in lieu of the holiday shall receive compensation for said holiday or day observed in lieu of the holiday. Section 15.5 The following days shall be recognized as flexible holiday; and regular, full-time confidential and management employees in the classified service, shall accrue additional paid vacation in accordance with Section 16.0 in lieu of having the following holidays off with pay: Martin Luther ging's Birthday February 12, Lincoln's Birthday Good Friday September 9, Admission Day Employee's Birthday 1/2 Day Christmas Eve Day After Christmas Section 15.6 Non-represented part-time employees in the classifications listed in Section 15.63 shall receive pay at the rate of one and one half times their regular hourly rate of pay for the following: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Major League Baseball World Series American League Baseball Playoff Games National Football League Pro Bowl Games National Football League Division Playoff Games National Football Leagae Conference Championship National Football League Super Bowl Games 15.61 In case of rain-out or cancellation of event, it ANAHEIM does not give reasonable notice, either personally or through public communications, employees will receive two (2) hours pay if the employee reports to work and four (4) hours pay if the gates are open. 15.62 Employees shall be paid at a rate one and one-half times their regular hourly rate for all hours in excnss of eight (8) at. a single event or forty (40) in any one work week. 15.63 These classifications are: Assistant Box Office Treasurer-Convention Center Box Office Treasurer-Convention Center Head Ticket Taker-Stadium Head Ticket Seller-Stadium Head Usher-Convention Center Head Usher-Stadium Crowd Control Supervisor P/T Telephone Operator/Receptionist-Convention Center and Stadium ONLY P/T Security Guard-Convention Center and Stadlam ONLY Scoreboard Operator Section 15,7 Non-represented classifications listed below one and one-half times their days specified in Section 15.6 part-time employees in the shall receive pay at the rate of regular hourly rate of pay for the Head Parking Lot Attendent-Conventlon Center Head Parking Lot Attendent Stadium Head Parking Lot Cashier-Convention Center Head Parking Lot Cashier-Stadium 15.71 Non-represented part-time employees in the classifications listed in Section 15.73 shall be paid time and one-half based on the applicable hourly rates to be computed in quarter-hour units for time worked in excess of eight (8) hours per day or forty (40) hours in one week. This overtime provision shall apply whenever an employee shall have actually worked in excess of eight (8) hours in elgher one or both locations (Stadium or Convention Center) during the same day, For time worked in excess of four (4) hours at a Stadium Rock Concert, employees shall be paid time and one-half their regular hourly rate. 15 . 72 In case of rain-.out or cancellation of event, and if ANAHEIM does oot give reasonable notice either personally or through pnblic communication, ANAHEIM will pay to per diem employees one-half (1/2) days' pay if the employee reports for work and full pay if the gates are open, and to hourly employees two {2 hours' pay if the employee reports to work and four (4) hours' pay if the gates are open. Section 15.8 The City City Treasurer shall RULE. Manager City Attorney, City Clerk and also be subject to the provisions of this rulelSF/mmc Revised 04/14/88 RULE 16. VACATION Seclion 16.0 Full-time confidential and management employees in the classified service with an average work week of forty (40) heurs shall receive annual vacation with pay in accordance with the following provisions which include vacation earned at the rate of one (1) hour for each complete biweekly pay period, in lieu of the designated flexible holidays outlined in Section 15.5. 16.01 For the first four years of continuoas, full-time service such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus two (2) hours for paid vacation at the close of the final complete biweekly pay period of each fiscal year (106 hours or 13.25 working days per year). 16.02 Upon completion of four years of continuous, full ~time service, such employees shall accrue paid vacation at the rate of five (5) hours for each complete biweekly pay period (130 hours or 16.25 working days per year). 16.03 Upon completion of eight years of continuous, full-time service, such employees shall accrue paid vacation at the rate of six (6) hours for each complete biweekly pay period (156 hours or 19.5 working days per year). 16.04 Upon completion of fourteen years of continuous, full time service such employees shall accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay period (182 hours or 22.75 working days per year). 16.05 Upon completion of nineteen years of continuous, full-time service, such employees shall accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period (208 hours or 26 working days per year). Section 16.1 service with hours shall the following Full-time management employees in the classified an average regular work week of fifty-six (56) accrae annual vacation with pay in accordance with provisions: 16.11 For the first four (4) years of continuous, foil-time service such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus twenty-five (25) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (129 hours er 5.375 shifts a year). 16.12 Upon comp]etinn uf four years of continuous, full-time service such employees shall accrue paid vacation at the rate of five (5) hours for each complete biweekly pay period plus sixteen (16) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (146 hours or 6,083 shifts a year). 16. 13 Upon completion of eight (8) years of continuous, full time service, such employees shall accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay period, plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (184 hours or 7.666 shifts a year). 16.14 Upon completion of fourteen (14) years of continuous full-time service, such employees shall accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period plus eleven (11) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year {219 hours or 9.125 shifts a year). 16.15 Upon completion of nineteen (19) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of nine (9) hours for each complete biweekly pay period plus twenty-two (22) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (256 hours or 10.666 shifts a year). Seclion 16.2 Employees working in part time classifications listed below who work eight-hundred (800) or more hours in any calendar year shall be paid three percent (34) of his/her gross earniugs as vacation benefits. The calendar year shall be defined as the period for which wages earned are reported for tax purposes, Assistant Box Office Treasurer-Convention Center Box Office Treasurer-Conveution Center Crowd Control Supervisor lfead Ticket Taker-Stadium Head Ticket Seller-Stadium Head Usher Convention Center llead Usher~Stadium P/T Telephone Operator/Receptionist-Convention Center and Stadium ONLY P/T Security Guard Convention Center and Stadium ONLY Scoreboard Operator Section 16.3 Paid vacations shall continue to accrue in act:ordance with the above provisions during any period of leave with pay, except that Public Safety employees who remain on Industrial Accident Leave in accordance with Personnel Rule 18 INDUSTRIAL ACCIDENT LEAVE after exhausting State mandated 4850 benefits shall accnmulate no vacation. All vacations shall be scheduled and taker in accordance with the best interests of the City of Anaheim and the department or division in which the employee is employed. The maximum amount of vacation that may be taken at any giw~n time shall be that amount that has accrued to the employee concecoed. The minimum amount of vacation that may be taken at any given time shall be one-half (1/2) hour. Section 16.4 An employee shall be eligible to take any accrued vacution upon completion of thirteen (13) complete biweekly pay periods of service. Section 16.5 Each employee sha]] have one-half (1/2) hour deducted from his accrued vacation time for each one-half (1/2) hoot of vacation taken. An employee with a regular work day of eight (8) hours shall have eight (8) hours deducted from his accrued vacation time for each day of vacation taken. An employee with a regular work shift of twenty-four (24) hours shall have twenty four (24) hours deducted from his accrued vacation time for each shift of vacation taken. Vacation which is accrued, but not taken, shall be accumulated. Section 16.6 Maximum vacation accumulations for confidential and management employees with an average regular work week of forty (40) hours shall be as follows: 16.61 For employees accruing vacation at the rate of one hundred six (106) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be one hundred ninety (190) hours. 16.62 For employees accruing vacation at the rate of one hundred thirty (130) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred forty (240) hours. 16.63 For employees accruing vacation at the rate of one hundred fifty-six (156) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred ninety (290) hours. 16.64 For employees accruing vacation at the rate of one hundred eighty two (182) hours for every tweaty six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred forty (340) hours. 16.65 For employees accruing vacation at the rate of two hundred eight (208) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three handred ninety (390) hours. Section 16.7 Haximum vacation accumulations for management employees with an average regular work week of fifty-six (56) hours shall be as follows: ]6.71 For employees accruing vacation at the rate of one hundred twenty-nine (129) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred seventy (270) hours. 16.72 For employees accruing vacation at the rate of one hundred forty-slx (146) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred ten (310) hours. 16.73 For employees accruing vacation at the rate of one hundred eighty-four (184) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred ninety (390) hours. 16.74 For employees accruing vacation at the rate of two hundred nineteen (219) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be four huadred sixty (460) hours. 16,75 For employees accruing vacation at the rate of two hundred fifty-six (256) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be five hundred forty (540) hours. Section 16.8 Upon termination, a confidential or management employee shall be compensated in cash at his current base rate of pay for any vacation accrued but not taken. Upon termination the employee shall be compensated for the full accrual for the final pay period. Seclion 16.9 In the event that any recognized holiday occurs during any employee's vacation, the holiday shall not be charged against the employee's accrued vacation. The only vacation hours that shall be charged against any employee's accrued vacation shall be those hours that the employee is regularly scheduled [o work. Section 16.10 Any employee in a classification designated as coefidential or management shall be provided the option on an annual basis of being compeusated at his/her regular rate of pay for up to one (1) week of vacation accrued but not taken, subject to the following provisions: 16,101 For employees with an average work week of forty (40} hours, a minimum of eighty (80) hours of vacation must have been used during the previous payroll year. A maxiumu of forty (40) hours may be paid in cash. 16.102 For employees with an average work week of fifty-slx (56) hours, a minimum of one hundred twelve (112) hours of vacation must have been used during the previoas payroll year. A maximum of fifty-six (56) hours may be paid in cash. 16.103 The employee's Executive Manager must approve the employee's request for the annual vacation pay-off. 16.104 Payment shall be made in January of each year. Section 16.11 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to the provisions of this RULE. Rulel6F/mmc Revised 04/14/88 RULE 17. SICK LEAVE Section ]7.0 Full-time confJdentiul and mauagement employees in the classified service shall accrue annual Sick Leave with pay in accordance with the following provisions: 17 .01 Regular, full-time employees with an average regular work week of forty (40) hours shall accrue paid sick leave at the rate of three (3) hours for each complete biweekly pay period. 17.02 Regular, full-time employees in the classified service with an average regular werk week of fifty-six (56) hours shall accrue paid sick leave at the rate of four (4) honrs for each complete biweekly pay period. In addition, each such employee shall be credited with eighteen (18) hours at the close of the final complete biweekly pay period of each fiscal year. 17.03 Paid sick leave shall continue to accrue in accordance with the above provisions during any period of leave with pay, except that Public Safety employees who remain on Industrial Accident Leave in accordance with Personnel Rule 18, Industrial Accident Leave, after exhausting State mandated 4850 benefits shall accumulate no Sick Leave. 17.04 An employee requesting sick leave for an absence from work as a result of any injury or disease which comes under the State of California Worker's Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from the City in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance aed Safety Act and his regular basic rate of pay. Section 17.1 Each employee shall have one-half (1/2) hour deducted from his accrued sick leave time for each one-half (1/2) hour of sick leave taken. An employee with a regular work day of eight (8) hours shall have eight (8) hours deducted from his accrued sick leave time for each regularly scheduled working day that he is on paid sick leave. An employee assigned to work twenty-four (24) hour shifts shall have twenty-four (24) hours deducted from his accrued sick leave time for each complete sbift missed while on paid leave. The minimum amount of Sick I, eave that may be taken at any given time shall be one-half (1/2) hour. 17.11 An emp]eyee may, at his option, elect to use vacation time to bridge the period after Sick Leave is exhausted and prior to STD commencing. Section 17.2 Sick Leave that is accrued, but not taken, shall be accumalated. 17.21 Regular, full-time confidential or management employees with an average regular work week of forty (40 hours shall be paid at their regular hourly rate of pay for ail hours accumulated beyond one hundred seventy-five (175) in each calendar year. Payment shall be made in January of each year, or upon the employee's termination of employment for any reason. A maximum of one hundred seventy.-five (175) hours shall carry over from year to year. 17.22 Regular, full time management employees in the classified service with an average regular work week of fifty six (56) hours shall be paid at their regular hourly rate of pay for hours accumulated beyond two hundred and forty-five (245) but not used according to the following formula: one hundred and nine (109) hours minus total sick leave hours used during the calendar year equals hours paid. Payment shall be made in January of each year. Employees who terminate employment for any reason daring the year shall receive cash payment for unused sick leave beyond twn hundred and forty- five (245) hours based on the following formula: 4.192 times complete pay periods worked minus sick honrs used. A maximum of two hundred and forty-five (245) hours shall carry over from year to year. Section 17.3 A confidential or management employee who has completed six (6) months as a regular full-time employee and is continuously and totally disabled for more than one (1) calendar month, shall receive a short term disability benefit of net sixty percent (60%) of his/her base rate of pay, after wilhholding taxes, and ]ess deductible benefits. Such disability benefit shall continue during total disability up to a maximom of six months from date of disability. Upon completion of thirty (30) and/or ninety (90) days of absence while receiving short term disability benefits, an employee shall be required to undergo a physical examination by the treating physician or medical practitioner and shall submit a report of such examination explaining the nature and extent of the disabling illness or injury and the prognosis and date of expected return to work. Short term disability benefits shall cuntieue beyond sixty (60) and/or one hundred and twenty (120) days of absence only upon submission of the report of physical examioation by the [rearing physician or medical practitioner. 17.31 Dedactible benefits include salary or other compensation paid by any employer; Worker's Compeosation Act or similar law including benefits for partial or total disability, whether permanent or temporary if benefits being received are for the current disabling condition; a pension plan toward which the City contributed. 17.32 Total disability means an employee's complete inability to engage in his/her regular occupation. 17.33 Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medical practitioner who certifies to the continuing disability. Section 17.4 In the event that any paid holiday occurs during a period when any confidential or management employee is on paid sick leave, the holiday shall not be charged against the employee's accrued sick leave. The only sick leave hours that shall be charged against any employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. Section 17.5 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 17.51 Illness of the employee or physical incapacity of the employee due to illness or injury. 17.52 Enforced quarantine of the employee in accordance with community health regulations. 17.53 Medical and dental appointments during work hours. Use of sick leave for scheduled medical and dental appointments shall require prior approval of the employee's supervisor and will be granted in accordance with the best interests of the City of Anaheim and the employee's department or division, 17.54 Temporary disabilities caused by pregnancy and childbirth. 17.55 Up to forty-eight (48) hours of sick leave per calendar year shall be granted for illness of the employee's immediate family. Section 17.6 A confidential or management employee who cannot perform his assigned duties due to illness or physical incapacity shall ioform his immediate supervisor of the fact and the reason therefore as soon as possible. Failure to do so within a reasonable time may be cause of denial of sick leave with pay. Section 17.7 In the event that an employee is absent on sick leave in excess ef twenly four (24) consecutive working hours, the employee's Executive Manager or Administrative Manager may require that the employee sabmil te him a written statement by a physician licensed by the State of California certifying that the employee's condition prevented him from performing the duties of his position. Failure on the part of the employee to comply with such a requirement may be considered cause for disciplinary action. Section 17.8 In the event that an employee becomes i]l during working hours and is placed on paid sick leave prior to the close of the work flay, such paid sick leave shall be calculated to the nearest one-half 1/2) hour. Section 17.9 Effective December 19, 1980, accrued Sick Leave hours shall be entered ~n a new Sick Leave plan. 17.91 Regular full time confidential and management employees with an average regular work week of forty (40) hotlrS who were employees as of that date shall have op to one hundred seventy-five (175) hours transferred to the usable Sick Leave account. The remainder (over 175 hours) shall be credited as follows: seventy-five percent (75~) to be reported as service credit at retirement; twenty five percent (25%) converted to cash value at the employee's current (December 19, 1980) regular hcur]y rate of pay and paid with interest at retirement, layoff or as designated by Public System records if the employed. Employees who year 1984 or thereafter credit for all honrs seventy-five (175). to his/her beneficiary, Employee's Retirement employee dies while retire during calendar shall receive service up to one hundred 17.92 Regular full time management employees with an average regular work week of fifty-six (56) hours shall have up to two hundred forty-five (245) hours credited to a usable Sick Leave account. The remainder (over 245 hours) shall be credited as follows: seventy-five percent (75%) to be used as service credit at retirement; twenty-five percent (25%) converted to cash value at the employee's current (December 19, 1980} regular hourly rate of pay and paid with interest at retirement, layoff or to his/her beneficiary, as designated by Public Employee's Retirement System records, if the employee dies while employed. Employees who retire in calendar year 1984 or thereafter shall receive service credit for all honrs up to two hundred forty-five (245). 17.93 An employee in a classification designated as confideutial or management who has more than five (5) years of continaous City service and is age 50 or older may elect once each calendar year to receive all or a portion of his/her Employee Sick Leave Trust Fund accouut. When requested, such payments may be diverted to the employee's Deferred Compensation account, or paid in cash by separate check subject to standardized mlthholding taxes. When partial payment is requested, the amoant shall not be less than 25% of the balance, and a maximum of four (4) such partial payments shall be alit}wed with the fourth payment paying tbe entire remaining balance in the account. Section 17.10 If two or more periods of total disability occur during a specific six-month elimination period for the insured LTD plan, all such periods shall be considered as one period of continuous total disability under the following conditions: 17.101 All periods of total disability must be due to the same cause or causes; and 17.102 All recurring periods of total disability that qualify as one period of continuous total disability for the insured LTD plan, shall qualify as one period of continuous total disability for the ANADEIM Disability Plan and shall not require a new one--month waiting period before ANAHEIM Disability Benefits will be paid; and 17.103 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan. Sec, tion 17.11 The City City Treasurer shall RULE , Manager, City Attorney, City Clerk and also be subject to the provisions of this Rulel7F/mmc Revised 04/14/88 RifLE ]8. INDUSTRIAL ACCIDENT LEAVE Section 18.0 In the erect that any full -time confidential or management employee in tile classified service is absent from wnrk as a result of any injury or disease which comes under the State of California Worker's Compensation Insurance and Safety Act, such absence shall be considered to be Industrial Accident Leave. Section 18,1 Any full-time confidential or management employee on Industrial Accident Leave shall receive compensation from the City in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his/her regular basic rate of pay. Section 18.2 Any full-time Safety Management employee on Industrial Accident Leave shall receive compensation from the City in an amoant eqaal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his/her regular basic rate of pay. Section 18.3 In the event that an employee who has received or is receiving Industrial Accident Leave benefits files a civil legal action against a third party for allegedly causing or contributiag to the cause of the injury which resulted In the absence from work, the employee is required to inform the Risk Management Center of the filing of such legal action. Section 18.4 Industrial Accident Leave shall begin on the first day of such absence as defined in Section 18.0. 18.41 Industrial Accident Leave shall continue during all absences due to a single injury, but not to exceed one year of accumulated absence. 18,42 Industrial Accident Leave benefits provided by this RULE shall apply to each injury or disease as defined in Section 18.0. 18.43 The effective date of a permanent disability rating as awarded by tile Worker's Compensation Appeals Board ends disability for Industrial Accident Leave for that particular injury or disease. 18.44 A written statement from the treating physician that the employee's condition is permanent and stationary or separation from City service ends eligibility for Industrial Accident Leave for that par~ica]ar injory or disease. 18.45 Industrial Accident Leave for absence due to iujury or disease as defined in Section 18.0 shall be granted to employees only upon presnntation of a physiciaa's certificate of treatment. Section 18.5 No employee shall have accrued sick leave deducted while on Industrial Accident Leave. Vacation and sick leave shall continue to accrue for any employee on industrial Accident Leave in accordance with the provisions of RULE 16 and RULE 17. Section 18.6 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to the provisions of this RULE . rulel8F/mmc Revised 04/14/88 RULE 19. BEREAVEMENT LEAVE Section 19.0 ltl the event a death occurs in the immediate family of a full-time coafidential or management employee in the classified service, the employee shall be granted bereavement leave ~ith pay for up to a maximum of twenty-four (24) working honrs. "Immediate family" shall be defined as any relative by blood or marriage who is a member of the employee's household, under the same roof, and any parent, foster parent, step-parent, spouse, child, brother, or sister of the employee, or any parent, foster parent or step-parent of the employee's spouse, regardless of residence. 19.01 In the event a death occars among other family members of a full-time confidential or management employee in the classified service, the employee shall be granted bereavement leave with pay for up to a maximam of eight (8) working hours. Other family members shall be defined as grandparent, grandchild, not under the same roof of the employee, and any grandparent, grandchild, child, brother, or sister of the employee's spouse, regardless of residence. 19.02 Bereavement leave may be used only at the time a death occurs, or to make burial arrangements and/or attend funeral or memorial services. 19.03 The City will guarantee, that in addition to the above, employees may use all available vacation on the books up to forty (40) hours. If no vacation is on the books, the City gaarantees the employee the ability to use leave without pay up to forty (40) hoars. Section 19.1 The City City Treasurer shall RPI, E. Manager, City Attorney, City Clerk and also be subject to the provisions of this rulel9F/mmc Revised 04/14/88 RULE 20, MILITARY LEAVE Section 20.0 City policy relaling to military leave and compensation, therefore, for full-time confidential and managemenl employees in the classified service and the City Manager, City Attorney, City Clerk and City Treasurer shall be in accordance with the provisions of the Military and Veterans Code of the State of California, aud with all Federal provisions (Public Law 93-508). rule2OF/mmc Revised 04/14/88 ADDENDUM TO PERSONNEL RULE 20 - MILITARY LEAVE The fnllowlng are excerpts from the Military and Veterans Code of the State of California which apply to the City of Anaheim: SEC'rION 395. TEMPORARY MILITARY LEAVE OF ABSENCE: PUBLIC EMPLOYEES Any public employee who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Naval Militia shall be entitled to a temporary military leave of absence while engaged in military duty ordered for purposes of active military training, encampment, naval cruises, special exercises or like activity as such member, providing that the period of ordered duty does not exceed 180 calendar days, including time involved in going to and returning from such duty, and provided that military leave of absence is not authorized for periods of inactive military duty. lie shall have an absolute right to be restored to his former office, or position and status formerly had by him in the same locality and in the same office, board, commission, agency, or institution of the public agency upon the termination of such temporary military duty. If the office or position has been abolished or otherwise ceased to exist during his absence, he shall be reinstated to a position of like seniority, status, and pay if such position exists, or if no such position exists he shall have the same rights and privileges that he would have if he occupied the position when it ceased to exist and had not taken temporary military leave of absence. Any public employee who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the date upon which his temporary military leave of absence begin, shall receive the same vacation, sick leave, and holiday privileges and the same rights and privileges to promotion, continuance in office, employment, reappointment to office, or re employment that he would have enjoyed had he not been absent therefrom; excepting that an incomplete probationary period, if any, in the public agency mast be completed upon reinstatement as provided by ]aw or rule of the agency. For tbe purposes of this section, in determining the one year of service in a public agency ail service of said public employee in recognized military service sha]I be counted as public agency service. SECTION 395.01 COMPENSATION OF PUBLIC EMPLOYEES ON TEMPORARY MILITARY LEAVE OF ABSENCE Aay public employee who is on temporary military leave of absence and whe has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day an which the absence begins shall be entitled to receive his salary or compensation as such public employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any fiscal year. For the pnrpeses of this section, in determining the one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service. SECTION 395.02 SALARY OF PUBLIC EMPI, OYEE WHILE ABSENT; "OFFICER" AND "EMPLOYEE" DEFINED Every officer and employee of a public agency who is on military leave other than temporary military leave of absence who has been in the service of such public agency for a period of not less than one year immediately prior to the date of which the absence begins shall be enfltled to receive his salary or compensation as such officer or employee for the first 30 calendar days while engaged in the performance of ordered military duty. As used in this section only, the terms "officer" and "employee" mean an officer or employee who: (a) Is ordered into actiw~ military duty as a member of a reserve component of the armed forces of the United States; (b) Is ordered into actiw; federal military duty as a member of the National Guard or Naval Militia; or (c) Is inducted, enlists, enters or is otherwise ordered or called into active duty as a member of the armed forces of the United States. SECTION 395.03 MAXIMUM PAY ALLOWANCE UNDER SECTION 395.01 AND 395.02. No more than the pay for a period of 30 calendar days shall be allowed under the provisions of Sections 395.01 and 395.02, or both, for any one military leave of absence or during any one fiscal year. SECTION 3!)5. 11 PUBLIC EMPLOYEES; RETURN TO POSITION AFTER TERMINATION OF ACTIVE SERVICE (a) Notwithstanding any other provision of law to the contrary, any officer or employee of the State not subject to Civil Service or any Public Officer, deputy, assistant, or employee of any city, county, city and county, school district, water district, irrigation district, or any other district, political corporation, political snbdivision, or governmental agency thereof who, io time of war or national emergency as preclaimed by Lhe President or Congress, or when any of the armed forces of the United States are serving outside of the United States or their territories pursuant to order or request of the the United Nations, or while any national conscription act is in effnct, leaves or has left his office or position prior to the end of the war, or the termination of the national emergency or during the effective period of any such order or reqaest of tbe United Nations or prior to the expiration of the Nat Jonai Conscription Act, to join the armed forces of the United States and who does or did without unreasonable and unnecessary delay join the armed forces or, being a member of any reserve force or cops of any of the armed forces of the United States or of the militia of this State, is or was ordered to duty therewith by competent military authority and served or serves in compliance with such orders, shall have a right, if released, separated or discharged under conditions other than dishonorable, to retarn to and re. enter upon the office or position within three months after the termination of bis active service with the armed forces, bnt not later than six months after the end of the war or national emergency or military or police operations under the United Nations or after the Governor finds and proclaims that, for the purposes of this section, the war, national emergency, or United Nations military or police operation no longer exists, or after expiration of the National Conscription Act, if the term for which he was elected or appointed has oot ceded during his absence; provided, that such right to return to and re enter upon the office or position shall mot extend to or be granted to such officer or employee of ti~e State not subject to Civil Service or any public officer, deputy, assistant, or employee of any city, county, city and eonnty, school district, water district, irrigation district or any other district, political corporation, political subdivision or governmental agency thereof, who shall fail to return to and re-enter upon his office or position within 12 months after the first date npon which he could terminate or could cause to have terminated his active service with the armed forces of the United States or of the militia of this state. He shall also l~ave a right to retarn to and re-enter upon the office or position during terminal leave from the armed forces and prior to discharge, separation or release therefrom. ~b) Upon such return and re-entry to the office or empJoyment the officer or employee shall have all of the rights and privileges in, connected with, or arising out of the office or emplnyment which he would have enjoyed if he had not been absent therefrom; provided, however, such officer or employee shall not be entitled to sick leave, vacation or salary for the period during which he was on leave from such governmental service and in the service of the armed forces of the United States. If the office or position has been abolished or otherwise has ceased to exist during his absence, be shall be reinstated in ~ position of like seniority, status and pay if such position exists, or to a comparable vacant position for which he is qna]ified. (c) Any officer or employee nther than a probationer who is restored to his office or employment pursuant to this act shall not be discharged from such office or position without cause within one year after such restoration, and shall be entitled to participate in insurauce or other benefits offered by the employing governmental agency pursuant to established rules and practices relating to such officers or employees on furlough or leave of absence in effect at the time such officer or employee lef~ his office or position to join the armed forces of the United States. (d) Nolwilhstanding any other pruvisions of this code, any enlisted person who was involuntarily ordered to active duty (other than for training) for a stated duration shall not lose any right or benefit conferred under the provisions of this code if he voluntarily elects to complete the period of such duty. rule2OF/mmc Revised 04/14/88 RULE 21. JURY DUTY AND COUR'r APPEARANCES Se(:lion 21.0 In the eveut any full--time confidential or management employee in tile classified service is duly summoned to any court for the purpose of performing jury duty, he shall receive his regular compensation for ally regularly scheduled working hours spent in actual performance of such service. 21.01 Whenever an employee is duly summoned to appear as a witness, except where the employee ls a litigant or a defendant in a criminal case or any action breught abont as a result of his own misconduct, he shall receive his regular compensation for any regularly scheduled working heurs spent in actual performance of such service. 21.011 Whenever an employee is summoned to appear as a witness for court matters within the scope of his employment, he shall be compensated in accordance with provisions concerning compensation fop normal performance of duties. 21.012 Employees receiving witness fees shall remit such fees to the City Treasurer in order to be considered at work for payroll purposes during time spent as such witnesses. Section 21.1 The City City Treasurer shall RULE Manager. City Attorney. City Clerk and also be subject t.o the provisions of this rule2lF/mmc Revised 04/14/88 RULE 22. LEAVE WITIIOUT PAY Sectien 22,0 Any full time confidential er who is absent from work and who is not on be considered to be on leave without pay. management employee leave with pay shall 22 01 An employee on leave without pay shall receive no compensation and, if on leave without pay for over forty (40) hours in a pay period, shall accumulate no vacation or sick leave whi]e on such leave. 22 O2 An employee wllo has need to be absent from work and who is not eligible for leave with pay may request to be placed on leave without pay. Leave without pay for a period not to exceed forty (40) working hours may be granted by the employee's Administrative Manager. Leave without pay in excess of forty (40) hours shall require the approval ef the employee's Exeeative Manager. 22 O3 In the event that leave without pay is granted an employee for reasons of illness or physical incapacity due to illness or injury, the City of Anaheim shall continue to pay for any hospitalization and major medical insurance previously paid fnr by the City, for a maximum of six (6) complete months. 22.04 An employee may he granted leave without pay not to exceed six months. 22.05 An employee returning to work from leave without pay shall be placed in the same salary step (range/hourly rate for management employees) he was in prior to such leave. If such leave was in excess of two complete biweekly pay periods, the employee's anniversary date for purposes of merit pay increases shall be changed to conform with the provisions of Section 4.1, provided that he returns to a position in his same job class. If the employee returns to a position in a lower job class, his salary step/range status shall be determined in accordance with the provisions of RUI,E ~3. Section 22.1 The City City Treasurer shall RUI,E . Manager, City Attorney, City Clerk and also be subject to the provisions of this rule22F/mmc Revised 04/14/88 RULE 23. INSURANCE, PENSIONS, AND PERQUISITES Sectinn 23.0 The foI]nw]ng sba]] be provided for all active t'ul]-time coofideatial and management employees: 23.0] Hca]th Insurance 23.011 The City shall sponsor the City Medical P/an, Kaiser Foundation Health Plan, and other prepaid and/or insured health plans recommended by the Joint Committee on Medical Programs and approved by the City Council. 23.012 City and Employee Contributions 23.0121 City Contributions 23.01211 For all prepaid and/or insured plans sponsored by the City, the City will pay a monthly amount equal to 100% of the Kaiser monthly rate, 23.01212 For the various dental plan, the City will pay an amount equal to 100% of the monthly Safeguard rate. 23.0122 Employee Contributions 23.01221 Employees who select a prepaid and/or insured health plan other than Kaiser shall be required to contribute an amount equal to 100% of the excess amount over the Kaiser monthly rate. Employees who select the self-funded City Medical Plan shall be required to pay the difference between tbe total cost of the plan and the City contribution schedule established for the General Employees Unlt. 23.013 23.014 23.015 23.016 23.01222 Employees who select a deetal plan other than Safegnard will be required to contribute an amount eqoa] to 100% of the excess amount over the Safeguard monthly rate. 23.01223 For the self-funded City Medical Plan, employees will be required to contribute a monthly amount equal to the difference between the City contribution amounts established in Section 23.01212 of this RULE and the total cost of the plan, but in no event shall the employees' contribntion exceed the contributions established for employees in the General City Employees Unit of Representation. The City Medical Plan shall be described in a booklet which shall become a part of this RULE by reference. Changes recommended by the Joint Committee on Medical Programs and approved by the City Council shall also become part of this RULE by reference, For all medical plans, married City employee couples shall be allowed only one medical plan and only one dental plan to cover all family members, and married City employee couples covered by a single enrollment shall pay no health insurance premium while both spouses are employed by the City. Proof of marriage will be required of all employees enrolled in any City medical plan to enroll a dependent spouse. The Master contract between the City and the plan administrator shall govern in the event of any disputes over any matter within the provisions of the contract. 23.02 Life Insurance 23.02I The Cily shall make available Group Term Life Insurance to all employees covered by this RULE. 23.022 8asic Life Iusurance shall be available based upon the employee's annual salary according to the following schedule: Annual Salary Volume $ 0 5,000 $ 5,000 5,000 10,000 10,000 10,000 15,000 15,000 15,000 20,000 20,000 20,001 & greater 25,000 23.023 Dependent Coverage wi th an insurance value up to $1,000 per dependent may be added to the Basic Life Insurance coverage at the option of the employee. 23.024 The City shall contribute one-half (1/2) the cost of the premium for Basic Life Insorance and Dependent coverage. The employee shall contribute the difference between tile City contribution and the total premium cost, bnt in no event shall the employee's contribution exceed the contributions established for employees in the General City Employees Unit of Representation. 23.025 The City shall make available Sopplemental Term Life Insurance to management employees. 23.0251 The employee's allowable coverage under this colaponent shall be limited so that the Basic Life coverage and the supplemental Life coverage together do no exceed two (2) times the employee's base annual salary rounded up to tile nearest $1,000. The Supplemental Life coverage shall be adjusted each January. 23.026 23.027 23.028 23.0252 The City shall contribute the full cost of the premium for the Supplemental Life coverage for Executive and Administrative managers. 23.0253 The City shall contribute one-half (1/2) the cost of the premium for the Supplemental Life coverage for all other management employees. The employee shall contribute the difference between the City contribution and the full cost of the premium. The City shall Accidental Death Insurance in the to all management make available and Dismemberment amount of $50,000 employees. 23.0261 The City shall make no contribution towards the cost of the premium for this component. The employee shall contribute the full cost of the premium. Ally employee who retires shall receive a paid up life insurance policy, paid for wholly by the City, with a face value of $100.00 for each complete year of service and $50.00 for more than six months, but less than a complete year of service up to a maximum of $2,000.00. Employees who are permanently and totally disabled shall receive Permanent and Total Disability Life insurance under the following conditions: 23.03 23. 028] Employees eligible to retire shall receive the following Life Insurance benefit: (a) $100 paid up life iusurance for each year of service as provided under the Retired Life Insurance Program. (b) Decreasing term life inserance in the amount of the employee's Basic Life Insurance less the paid up life insurance described above. Such term life insurance shall decrease by 1/6(I of the adjusted value each month until the face value of such insurance reaches zero (5 years). (c) The permanently and totally disabled employee will pay no premium during the term of this benefit. 23.0282 Employees not eligible to retire shall receive the following Life Insurance benefit: (a) Decreasing term life insurance in the amount of the employee's Basic Life Insurance. Such term insurance shall decrease by 1/60 of the original amount each month until the face value reaches zero (5 years). (b) The permanently and totally disabled employee shall pay no premium during the term of this benefit. Loeg Term Disability Benefits 23. (131 The City sha]l provide disability insurance employees covered by this long term for all RULE. 23.04 23.05 23.06 23, O32 The City shall pay the premium for employee group long term disability insurance coverage in accordance with the provisions of ally contract between the City and any company or compauies providiag such coverage. Dental Plans 23.041 The city shall sponsor the California Dental Service Plan, the Safeguard Dental Plan, and other prepaid aed/or insured dental plans recommended by the Joint Committee on Medical Programs and approved by the Ci]y Council. Short Term Disability 23.05] The City shall provide the existing Short Term Disability plan in accordance with RULE 17. The City shall pay the City's portion of medical, dental, life, and optical insurance while the employee collects short term disability benefits. Pensions 23.06] Tile City shall contribute all the cost of employee retirement benefits to a maximum of 8~ of PERS eligible wages in accordance with ibc provisions of the contract between the City of Anaheim and the Public Employees' Retirement System. 23. 062 The City shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above contract. 23.063 Management employees covered by this RULE may, at their option, eleci to receive additional compensation in tbe form of taxable wages and contribute the cost of employee retirement benefits in accordance with the provision of the contract between the City of Anaheim and the PubJic Employees Retirement System. Section 23.1 23.11 23,12 23.13 23, 0631 The additional cempen-- sation available under Section 23.063 shall be such that the total cost te the City for the employee's wage and pension benefits is equal to the cost the City would have paid if the employee had not elected to receive additional compensation. Retired Employees Employees covered by this RULE hired on or after January 1, 1984, shall not be eligible to participate in City-sponsored retired employee medical plans. Employees covered by this RULE who retire prior to January 1, 1988, and who meet the requirements set forth below shall be eligible to participate in Health Insurance Plans in accordance with Sections 23.011 and 23.013 above. 23.121 The employee must be eligible to retire, and 23.1211 The employee must have completed at least 5 years of continuous, full time City of ANAHEIM service on date of retirement, and 23.1212 The employee must be currently eorolled as a subscriber at time of separation from City servicc. 23.1213 Or the employee must be awarded a disabi]ily retirement by PERS. 23.122 Retiree will be schedule: contributions to the various plans in accordance with the following Single Two Party Family $15.00 monthly $15.00 monthly $45.00 monthly Employees covered by this RULE who retire on or after January 1, 1988 and who meet the requirements set forth below shall be eligible to participate in Health Insurance Plans in accordance with Sections 23.011 and 23.013 above. 23.]31 The employee must [lave completed at least 5 years of contieuous, full time City of ANAIlEIM service ou date of retirement, and 23.132 The employee must have been awarded a retirement from Public Employees' Retirement System as the reason for termination from City service, and 23.133 PERS retirement benefits must commence no later than the first, day of the month following tile date of separation from City service, and 23.134 The employee must be currently enrolled as a subscriber at time elf separation from City service, 23.14 The City will contribute towards the premium costs of such plans up to the City contribution for the City Medical Plan iu the year prior to retirement. 23.15 Provisions applicable to both groups. 23,151 The surviving spouse of the retiree can continue coverage under same terms. 23.152 Once caacel]ed for any reason, the retiree and/or surviving spouse cannot re-enroll. 23.153 Coverage wi]] be cancelled for non-payment of monthly fees after 3 months in arrears. 23.154 There will be Conrdination of Benefits where other insurance coverage exists. 23.155 Vision care benefits of the Vision Service Plan and EXCLUDED from the benefits for the Retired Group. 23.156 Retirees may only change health plans during the annua] open enrollment period. Section 23.2 Uniformed personnel of the Police and Fire l)epartments and certain other designated personnel shall be furnished uuiforms in accordance with regulations established by the City Manager. Seci ion 23.3 The (;ity shall provide employee in the classified service following cnndilions: a full-time confidentla] adeqaate meals under the An employee shall be provided with two adequate meaJs if he is called out on emergency overtime work one (1) hour before a scheduled work day. If a meal has been earned under another section of this rule within two (2) hours of the scheduled work day, only oue meal shall be provided under lhis section. 23.32 An employee will be provided one meal if he is called back to emergency overtime work within one and one half (1 1/2) hoars after normal quitting time and works beyond two and one-half (2 1/2) hours after normal quitting time. 23.33 An employee shall be provided an adequate meal if be works two (2) hours overtime beyond the normal quitting time. 23.34 An employee shall receive one meal if he is scheduled to work overtime two (2) hours before a regn]ar day. 23.35 An employee shall be provided an adequate meal at four (4) hour intervals during the performance of emergency overiime work. 23.36 Meal time shall be compensated at the appropriate evertime rate and shall normally be limited to one-half (1/2) hour with a maximum limit of forty five minutes paid meal time. 23 . 37 An employee, may at his request, be compensated for meals at the rate of one-half (1/2) hour of overtime pay per meal. Sec'lion 23.4 The City standard mileage rate Service. Mileage Reimbursement rate will be the established by the Internal Revenue 23.41 Any increase or decrease shall be effective the first day of the second month after the date of publication by the Internal Revenue Service. Section 23.5 Management classifications as designated in the resolution are eligible to receive either a City-owned vehicle or an automobile allowance itl an amount approved by City Council. Se(:tion 23.6 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to the provisions of this RIJ1,E except that the City Council may from time to time authorize exceptions. rule23F/mmc Revised 04/14/88 RULE 24. TRAVEL EXPENSE ALLOWANCES Seciion 24.0 Trave] expense allowance for full-time confiden- tial and management employees while on City business shall be provided in accordance with regulations established by the City Manager and/ur the City Council. Seclion 24.1 The City Manager, City Attorney, City Clerk and City Treasurer shall also be subject to the provisions of this RULE . role24F/mmc Revised 04/14/88 RULE 25. SERVICE A~ARDS Section 25.0 Service awards, in the form of service pins or the equivalent shall be presented to full time confidential and management employees in the classified service for: Five (5) years of service; Ten (10) years of service; Fifteen (15) years of service; Twenty (20) years of service; Twenty-five (25) years of service; Thirty (30) years of service; Thirty-five (35) years of service; Forty (40) years of service. Section 25.1 Such a service award shall also be presented to any full-time confidential and management employee in the classified service upon his retirement. 25.11 For purposes of this RULE, the term "years of service," as applied to employees in the classified service, shall be defined as continuous, full--time service. Section 25.2 The provisions of this RULE shall apply also to the City Manager, City Attorney, City Clerk, City Treasurer, members of the City Council. and dnly appointed members of any City board or commission. ru]e25F/mmc Revised 04/14/88 RULE 26. TRAINING Secl~on 26.0 The Human Resources Director shall encourage the improvement of service by providing employees with opportunities for lraining, including lraining for advancement and for general fitness for public service. 26.01 Reimbursement to full time confidential and management employees for costs incurred for formalized training shall be in accordance with regulations established by the City Manager. rule26F/mmc Revised 04/14/88 RULE 27. PAYROLL DEDUCTIONS Set:lion 27.0 I)eductioas of authorized amounts employee's pay for' the followiog purposes: 27.01 Withholding Tax; 27.02 27.03 27.04 27.05 27.06 27.07 27.08 27.09 27.010 27.011 Contribotion Contribution Payment of to retirement to survivors ' life Insurance may be made from benefits; benefit; and accidental death and dismemberment insurance premium; Payment of non industrial disability insurance premium; Payment of hospitalization and major medical insurance premium: Payment to or savings in the Anaheim Area Credit Union; Contributions to the United Way; Payment of membership dues to recognized employee organizations; Purchase of United States Savings Bonds; and Other purposes as may be aothorized by the City Council. cule27F/mmc Revised 04/14/88 RULE 28, PHYSICAL EXAMINATIONS Seclion 28.0 la order t{~ be eligible for employment with the City of Anaheim. candidates shall be required to pass a physical examination, the chat'acter nf which shall be in accordance with the sl:andards established by the Human Resources Director. Section 28.1 ]n order to be eligible for promotion or transfer to a job cIass in a category requiring greater physical qualifications, than his present job class, an employee must pass the appropriate physical examination. Section 28.2 The City Manager, City Attorney, City Clerk, City Treasurer, Executive Managers, and other employees as may be designated by the City Manager shall undergo a physical examination once each calendar year. 28.21 In the event thal any Executive Manager fails to pass an annual examination, his employment status shall be determined by lhe City Council, following a recommendation by the City Manager. 28.22 In the evenl that any other employee designated in Section 28.2 fails to pass an annual physical examination, the employee's Executive Manager, with the concurrence of the Human Resources Director, shall prescribe assignment of duties to fit: the employee's physical condition. If no appropriate position is vacant, such employee shall be recommended for disability retirement if he is eligible. Section 28.3 Any full time confidential or management employee in the classified service who returns to work after an absence in excess of forty eight (48) consecutive working hours due to illness or physical incapacity may be required by his Executive Manager to undergo a physical examination. 28~31 Any employee who fails to pass a physical examination required under the provisions of Section 28.3 may be transferred or demoted to a position requiring lesser physical qualifications, recommended for disability retirement or termiuated. Set:t ion 28.4 Ali physical examJnalions required under the provisions of thls RULE shall be performed by a physician in aclive practice licensed by California State La~ and ~ithin the scope of his practice as defined by California State Law. 28.41 Exceptions te the provisions of Section 28.4 may be made only in the case of out-of-state candidates for employment. In such cases, the physician perfot'miag the examination may be a physician licensed by the state in which the candidate resides. Section 28.5 The Cily of Anaheim shall pay for any physical examination requited under the provisions of this RULE, Section 28.6 Members of the City Council may undergo a physical examination once each calendar year. Such physical examinations shall be paid for by the City of Anaheim. rule28F/mmc Revised 04/14/88 RU[,E 29. OUTSIDE EMPLOYMENT Section 29.0 A full time confidential or management employee in the classified sevvice may engage in employment other than his jnb with the City of Anaheim, if his Executive Manager determines that such outside employment does not interfere with the performanee nf assigned duties and does nnt constitute a conflict of interest. Section 29.1 The City Manager, City Clerk and City Treasurer may engage in employment other than his job with the City of Anaheim, it the City Council determines that such outside employment does not interfere with the performance of assigned dulies and does not constitute a conflict of interest. rule29F/mmc Revised 04/14/88 RULE 30. NEPOTISM Seclinn 30.(I The City Council shall riot appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Manager or any Execntive Manager or nther officer having appointive power appoint any relative of his or of any Council Member wilbin such degree to any such position. rule3OF/mmc Revised 04/14/88 RULE 31, GRIEVANCE PROCEDURE Secl ion 31.0 Grievances for confidential and employees shall be handled in the following manner: 31.01 First Step: An attempt shall be made to adjust all grievances on an informal basis between the employee and/or his designated representative and a supervisor in the employee's chain of command, up to and including his division head, within seven (71 working days after the occurrence of the incident involved in the grievance. The division head shall deliver his answer within seven (7) working days after submission of the grievance to him. 31.02 Second Step: If the grievance is not satisfactorily adjusted in the First Step, it shall be submitted in writing to the employee's department head within seven (7) working days after the division head's answer is received by the employee and/or his designated represen- tative. The Execntive Manager shall meet with the employee and/or his designated representative within ten (10) working days after submission of tile grievance to him. The Executive Manager shall review the grievance and may affirm, reverse, or modify as he deems appropriate, the disposition made at the First Step and shall deliver his answer to the employee and/or his designated representative within seven (7) working days after said meeting. 31.03 Third Step: If the grievance is not satisfact- orily adjusted in the Second Step, it shall be snbmitted to an impartial arbitrator for a final and binding decision or, if the City Manager and the employee and/or his designated representative agree, it shall be submitted to the City ~anager for a final and binding decision. Such submission must occur within thirty (30) days after the Executive Manager's answer iS received. Section 31.1 If submitted to tile City Manager, the City ~anager or his assistant shall meet with the employee and/or his designated representative within ten (10) working days after submission of the grievance to him. The City ~anager or his assistant may affirm, reverse, or modify as he deems appropriate, the disposition made at the Second Step. Sec(lan 31 .2 Tile City Manager or his assistant shall deliver bis decision tn thc employee and/or his designated representative wi(bin five (5) working days after said meeting, and sach decision shall be final and binding on both parties. Section 31.3 in order to request arbitration, either party sba] I serve written notice to the other party specifying the grievance to be submitted. The parties shall thereafter attempt lo resolve the issue and sclect the arbitrator. If snch written notification and selection of the arbitrator is not completed wilhin thirty (30) days after the Executive Manager's auswer is received by the employee and/or his designated representative, ~ hen either party may take action to compel arbitration. Failare to take action to compel arbitration within thirty (30) clays will conclusively be deemed abandoumeut of the right to compel arbitration. All expenses of the arbitration shall be borne equally by the par[ les. Section 31.4 The arbitrator's decision shall be final and binding on both parties.and that the arbitrator's award shall be consistent with and controlled by the Personnel Rules, Ordiaances and Charter of the City of Anaheim and the laws and Constitution of tile State of California. Seclion 31.5 The arbitrator will be requested by the parties to feeder his decision in writing as quickly as possible but in no event later thau thirty (30) days after the conclusion of the hearings, unless the parties agree otherwise. 31.51 Any grievance not presented aud/or carried forward by the employee and/or his designated representative within tile time limits specified in Sections 31.01, 31.02 and 31.03 shall be deemed null and reid, provided, however, the employee and/or his desiguated representative and the City representative may agree to continue said time limits. Section 31.6 With regards to any fnll-time confidential or management employee of the classified service, any alleged violation of the Personnel Ordiuance or Personnel Resolution, any alleged improper treatment of an employee, or any alleged vielalion of commonly accepted safety practices and procedures shall be considered to be a matter subject to review through the grievance procedure. 31.61 No supervisor shall be represented in grievance matters by an employee whom he may supervise. Se( tion 31.7 Any adoption, deletion, or review of City policy as may be suggested or recommended by an employee or' employee organization shall not: be considered to be a matter subject to review through the grievan(:e procednre. Secl ion 31 .8 An employee who has been suspended, demoted, or dismissed may be relnstatcd to his position as a result of a successful appeal through the grievance procedure. In the event of sach reinstatement, the emplnyee shall be returned to his former status of employment, including reinstatement of seniority and accrued fringe benefits. In such cases, the City Manager may order tile payment of back pay to a reinstated employee in any am~unt up to payment for' the full period of time involved. In implementing an arbitrator's award, the City ~lanager shall order' the paymenl of back pay to a reinstated employee in tile amount provided in the arbitrator's award. It shall be cnni:lusively presnmed that there is no award of back pay to a reinstated employee unless specifically set forth in the writtea order of the City Manager. Any earnings of the reinstated employee from other employment during bis period of snspension shall be deducted from lhe amonnt of back pay ordered by the City Manager unless contrary to the provisions of an arbJ trator ' s award. rule31F/mmc Revised 04/14/88