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63-0910RESOLUTION NO. 63R -910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE PERSONNEL SYSTEM OF THE CITY OF ANAHEIM. WHEREAS, the City Council of the City of Anaheim did adopt Ordinance No. 1922 which Ordinance did add Chapter 1.05 to the Anaheim Municipal Code, said chapter establishing a personnel system for the City of Anaheim, said Ordinance and amendment to the Municipal Code to be and become effective November 29, 1963; and WHEREAS, Section 1.05.040 of said Chapter 1.05 pro- vides for the adoption of personnel rules by resolution of the City Council for the establishment of specific procedures and regulations governing the operation of the personnel sys- tem; and WHEREAS, the Personnel Director (under the direction of the City Manager) did prepare proposed personnel rules which were submitted to the City Council for its analysis and study; and WHEREAS, the City Council did consider and revise the proposed personnel rules and did conduct investigation and studies in connection therewith; and WHEREAS, the City Council, after due deliberation, did find and determine that the personnel rules as submitted by the Personnel Director and as amended and revised by the City Council should be adopted and that the adoption of said rules would be in the best interest of the City of Anaheim and the residents thereof and would be in the best interests of the efficient administration of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the following personnel rules be, and hereby are, adopted and established as the rules of pro cedure and regulation governing the operation of the personnel system of the City of Anaheim,: 1 RULE 1. PURPOSE AND GENERAL PROVISIONS Section 1.0 The objectives of these rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable 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, and prohibitions which are placed upon all employees in the classified service 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. 1.22 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 this resolution shall be subject to good behavior, satisfactory work performance, necessity 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. The Personnel Director shall prepare such form for the appropriate department head's recommendation. Such status shall become effective upon action by the City Manager. All employees shall receive a true copy of any personnel action taken concerning their status of employment. Section 1.4 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. RULE 2. CLASSIFICATION Section 2.0 The Personnel Director shall be responsible for recommending classification of all positions in the classified service on the basis of the kind and level of the duties and responsibilities of the positions, to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualification require- ments, the same test of competence, and the same salary schedule. 2.01 A job class may contain one or more positions. 2.02 Classification of all positions in the classified service shall require 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 Personnel Director shall be responsible for recommending such reclassifications as he finds to be necessary. 2.12 A reclassification shall 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 Personnel Director, the appropriate department head, and the approval of the City Manager. RULE 3. COMPENSATION Section 3.0 The Personnel Director, under the direction of the City Manager, shall be responsible for recommending wage rates and salary schedules for each job class in the classified service, the City Manager, and the City Attorney. The wage rate or salary schedule for each class shall be such as to reflect fairly the similarities and differences in levels of duties and responsibilities and shall be related to compensation for comparable positions in private employment in the appropriate labor market. Section 3.1 Each job class in the classified service and the positions of City Manager and City Attorney shall be assigned to a wage rate or salary schedule in a uniform pay plan developed by the Personnel Director. Such assignment to a wage rate or salary schedule shall be made by the City Council in the form of a Salary Resolution, Section 3.2 Wage rates and salary schedules for all job classes in the classified service and the City Manager and City Attorney shall be reviewed by the Personnel Director at least once each fiscal year If such wage and salary reviews indicate that there should be wage and salary adjustments, the Personnel Director shall make his recommendations in accordance with the provisions of Section 3.0 of this resolution. Any and all such wage and salary adjustments shall be made by the City Council in accordance with the provisions of Section 3.1 of this resolution. RULE 4. APPROPRIATE SALARY STEP Section 4.0 The pay plan for the City of Anaheim shall be as provided in the Salary Resolution. Section 4.1 Regular, full -time employees shall be eligible for consideration for merit pay increases as follows: 4.11 To the "B" step of the salary schedule after completion of six months of service in the "A" step. 4.12 To the "C" step after completion of six months of service in the "B" step. 4.13 To the "D" step after completion of one year of service in the "C" step. 4.14 To the "E" step after completion of one year of service in the "D" step. 4.15 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 advance- ment to the next higher step without regard to the minimum length of service provisions contained in this resolution upon the recommendation of his department head and the Personnel Director and approval of the City Manager. -3_ 4.16 For purposes of Rule 4 of this resolution, "six months" shall be construed to mean thirteen complete biweekly pay periods; and "one year" shall be construed to mean twenty-six complete biweekly pay periods. Section 4.2 Merit pay increases may be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his position. Such merit advancement or denial of merit advancement shall require the specific recommendation of the employee's immediate supervisor, division head, and department head, the certification of the Personnel Director, and the approval of the City Manager. 4.21 Merit pay increases for the City Manager and City Attorney shall require approval of the City Council. 4.22 The effective date of merit pay increases shall be the first day of the pay period following final approval as provided in Section 4.2 and completion of the minimum required service in the next lower step as provided in Section 4.1. 4.23 When an employee is denied a merit pay increase, he may be reconsidered for such advancement at any subsequent time. Such reconsideration shall follow the same procedures as provided above. Section 4.3 An employee who is being paid on a salary step higher than the "A" step may be reduced by one or more steps on the basis of unsatisfactory work performance or conduct. Such action shall require the specific recom- mendation of the employee's department head and the Personnel Director and the approval of the City Manager. 4.31 The employee shall be notified by his department head 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 department head and the Personnel Director no later than one calendar week prior to the effective date of the action. Such reply shall be reviewed by the City Manager for final action. Section 4.4 Newly hired employees shall be compensated at the "A" step of the salary schedule of the job class for which he was hired. When economic conditions, unusual employment conditions, or exceptional qualifications of a candidate for employment indicate that a Hgher k; rate would be in the city's best interests, the City Manager may authorize hiring at a higher step in the salary schedule, upon request of the Personnel Director. The provisions of this section shall also apply to re- employed and reinstated employees. Section 4.5 An incumbent employee reclassified with his position to a lower job class shall retain his rate of pay and his anniversary date for purposes of merit pay increases, or shall be placed in the step of the lower salary schedule closest to 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, that rate of pay shall be identified as the "Y" step of the lower salary schedule. An employee compensated at a "Y" step because 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 employees with an average regular work week of sixty seven and two tenths (67.2) hours, the regular hourly rate of pay shall be twelve times the monthly rate divided by 2,080. Section 5.2 Regular salaries and compensation of all city employees An incumbent employee reclassified with his position to an equivalent job class shall retain his rate of pay and his anniversary date for purposes of merit pay increases. Section 4.6 An employee who is promoted or reclassified with his position 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 5% or more than 7.5 except when the "E" step of the higher salary schedule provides a pay increase of 2.5 or when the "A" step in the higher salary schedule is more than 7.5% 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 4.7 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 5 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 4,8. 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. Section 4.9 When more than one personnel action involving changes in an employee's salary step status become effective on the same day, all such changes shall be in accordance with the provisions of the preceding sections of this RULE and shall take place in the following order of precedence: (1) merit pay advancement or reduction in salary step; (2) adjustment to same salary step in newly authorized salary schedule; (3) promotion, demotion, or reclassification. RULE 5. HOURS OF WORK AND PAY DAY Section 5.0 The average regular work week for 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 regular hourly rate of pay shall be twelve times the monthly rate divided by 2,080. Section 5.1 Certain designated personnel in the Fire Department shall have an average regular work week of sixty -seven and two- tenths (67.2) hours. 5.11 For employees with an average regular work week of sixty -seven and two tenths (67.2) hours, the regular hourly rate of pay shall be twelve times the monthly rate divided by 3,494.4. 5.12 For purposes of computing overtime compensation for employees with an average regular work week of sixty seven and two tenths (67.2) hours, the regular hourly rate of pay shall be twelve times the monthly rate divided by 2,080. Section 5.2 Regular salaries and compensation of all city employees shall be paid on a biweekly basis. 5,21 Department heads shall furnish the Finance Department with payroll and attendance records of their various department, duly 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 5022 Prior to issuance of any payroll checks, the payroll register shall be audited by the Personnel Director for compliance with the provisions of this resolution. Any unauthorized payment appearing on the payroll register shall be withheld by order of the Personnel Director. 5.23 The Finance Director shall issue payroll checks for the payment of authorized salaries and compensation. 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. RULE 6. PREMIUM PAY Section 6.0 An employee in the classified service who performs authorized work in excess of his regular work week, work day, or shift shall be compensated for such overtime work at the rate of one and one -half times his regular hourly rate of pay, 6.01 Overtime shall be calculated to the nearest one -half hour of overtime worked. 6.02 All overtime must be authorized by the appropriate department head and approved by the City Manager. 6..03 Compensatory time off at the overtime rate may be authorized by the appropriate department head in lieu of pay on the basis of the best interests of his department and the City of Anaheim; but, the employee shall have the option of being paid in cash for any overtime work performed, and shall have the option of accruing up to a maximum of forty -eight (48) hours compensatory time. An employee shall be compensated in cash at his current rate of pay for any accrued compensatory time in excess of forty -eight (48) hours as of the last day of each calendar year. Upon termination, an employee shall be compensated in cash at this current rate of pay for any accrued compensatory time. 6.04 The following job classes in the classified service shall be exempt from the above overtime provisions. Com- pensatory 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 department head: Accountant Accounting Officer Administrative Aide Administrative Analyst Administrative Assistant Assistant Chief Building Inspector Assistant City Attorney Assistant City Engineer Assistant City Manager Assistant Data Processing Supervisor Assistant Electrical Superintendent Assistant Fire Chief 6 Assistant Library Director Assistant Planner Assistant Rate Analyst Assistant Water Superintendent Associate Planner Buyer Chief Building Inspector Chief Clerk Chief Distribution Operator Chief of Parties City Engineer Civil Defense Coordinator Civil Engineering Assistant Civil Engineering Associate Data Processing Supervisor Deputy City Attorney 1 Deputy City Attorney II Deputy City Attorney III Deputy City Clerk Electrical General Foreman Electrical Superintendent Finance Director Fire Battalion Chief Fire Chief Golf Course Superintendent Landscape Technician Librarian Library Director License Collector Mechanical Maintenance Foreman Mechanical Maintenance Superintendent Park Foreman Park Superintendent Parks and Recreation Director Parkway Maintenance Foreman Parkway Maintenance Superintendent Personnel Analyst Personnel Director Plan Check Engineer Planning Aide Planning Director Police Captain Police Chief Police Lieutenant Principal Librarian Project Engineer Property Maintenance Foreman Property Maintenance Superintendent Public Works Director Purchasing Agent Rate Analyst Recreation Superintendent Recreation Supervisor Right -of -Way Agent Right of Way Representative Senior Civil Engineering Assistant Senior Construction Inspector Senior Electrical Estimator Senior Librarian Senior Personnel Analyst Senior Planner Street Maintenance Foreman Street Maintenance Superintendent Substation and Meter Shop Supervisor Traffic Engineer Tree Trimmer Foreman Utilities Director Utility Accounts Manager Water Construction Foreman Water Service Foreman Water Superintendent 6.05 Notwithstanding the above overtime provisions, employees eligible for overtime compensation at premium rates who perform work in the nature of public information presenta- tions in addition to their normal work schedule shall be compensated for such work at their regular rate of compensa- tion; there shall be no compensation for time spent in attending meetings of any kind which are for the purpose of education or training; and, Police Lieutenants shall be compensated at their regular hourly rate of pay for required court appearances during off -duty hours. Section 6e1 An 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 one (1) hour of pay at his regular rate of pay for each calendar day of such standby duty. Section 6,2 Call -out compensation 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„ 6022 All emergency call -out time shall be calculated to the nearest one -half hour of time worked. 6.23 A minimum of one (1) hour of pay at the rate of one -and- one -half times the employee's regular rate of pay shall be guaranteed for each such emergency call -out before 8:00 P.M. A minimum of two (2) hours of pay at the rate of one and one -half times the employee's regular rate of pay shall be guaranteed for each such emergency call out after 8:00 P.M. Section 6.3 All eight -hour work periods, regularly scheduled to begin at 3 :00 P.M. or thereafter, but before 9:00 P.M., shall be designated as swing shift. All eight -hour work periods, regularly scheduled to begin at 9:00 P.M. or thereafter, but before 3:00 A.M. shall be designated as graveyard shift. 6.31 A premium of 2.5% of the employee's regular hourly rate of pay shall be paid for work performed in the swing shift. 6.32 A premium of 5.0% of the employee's regular hourly rate of pay shall be paid for work performed in the graveyard shift. 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 Shift premium shall be payable only for hours actually worked and shall not be paid for nonwork time, such as vacations, holidays, sick leave, etc. 6.35 Employees in the following job classes shall be exempt from the provisions of Section 6.3: Police Lieutenant Identification Sergeant Police Sergeant Police Patrolman Policewoman Senior Poundman Poundman Chief Distribution Operator Custodial Foreman RULE 7. APPOINTMENTS AND PROMOTIONS Section 7.0 Appointments to vacant positions in the classified service shall be based on merit and fitness as determined by competitive exam- inations and /or evaluations. Minimum standards of employment for each job class shall be recommended by the Personnel Director and approved by the City Manager. Section 7.1 Vacancies in positions above the entrance level shall be filled by promotion whenever one or more qualified candidates are available. Promotions shall be on a competitive basis except when the Personnel Director finds that the number of employees qualified for promotion is insufficient to justify competition. Appropriate consideration shall be given to promotional candidates' qualifications, record of performance, and seniority, in that. order. 7.11 Advancement to a job class which is compensated at a higher rate shall constitute a promotion. Section 7.2 Examinations for appointments and promotions shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed, and shall not include any inquiry into the religious or political beliefs or affiliations, -8- membership in or attitude toward any employee organization, ethnic or geographical origin, or race of any candidate. Section 7.3 Candidates who qualify for employment or promotion shall be placed on an eligibility list for the appropriate job class in the rank order of the grades they obtained on the examinations and /or evaluations. Section 7.4 When an appointment is to be made to a vacancy, the Personnel Director shall submit to the appropriate department head the names on the appropriate employment list. Appointments to vacant positions shall be made by the appropriate department head, with the concurrence of the Personnel Director and approval of the City Manager. 7.41 The appropriate department head, with the concurrence of the Personnel Director,may order names removed from an eligibility list for good and sufficient reasons. Section 7.5 Any appointment or promotion to a department head position shall be made by the City Manager with the approval of the City Council. Section 7.6 Appointment or promotion to the position of City Manager or City Attorney shall be made by the City Council. Section 7.7 In the absence of appropriate employment lists, a pro- visional appointment may be made by the appropriate department head (with the approval of the Personnel Director and the City Manager) of a person meeting the minimum qualifications for the position. An eligibility list shall be established within six months for any regular, full -time position filled by provisional appointment. In the event that any provisional appointee fails to qualify on the eligibility list as established within six months of his provisional appointment, said provisional appointee shall have his employment terminated at the close of the first complete biweekly pay period following the establishing of the eligibility list. RULE 8. EMPLOYMENT LISTS Section 8.0 Employment lists, in order of their priority, shall be re-employment lists and eligibility lists. Section 8.1 Re- employment lists shall contain the names of regular, full -time employees laid off in good standing for lack of funds or work. Section 8.2 Eligibility lists shall be created in accordance with the provisions of RULE 7. RULE 9. PROBATION 8.11 Names on re- employment lists shall remain for a period not to exceed one (1) year. 8.21 Eligibility lists may contain the names of one or more persons eligible for employment. 8.22 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 Personnel Director for a period not to exceed one (1) additional year. Section 9.0 Employees appointed from eligibility lists and reinstated employees shall be subject to a period of probation. The regular -9- period of probation shall be thirteen complete biweekly pay periods unless otherwise specified for certain designated job classes. The probationary period may be extended in individual cases. No pro- bationary period may extend beyond twenty -six complete biweekly pay periods. Section 9.1 The work and conduct of probationary employees shall be subject to close scrutiny and evaluation and, if found to be below standards satisfactory to the appointing authority, the appropriate department head may dismiss or demote the probationer at any time during the probationary period. Such dismissals or demotions shall not be subject to review or appeal unless such a dismissal or demotion is alleged to be contrary to the provisions of the Personnel Ordinance and /or Personnel Resolutior. Section 9.2 An employee shall be retained beyond the end of the probationary period only if the appropriate department head affirms that the services of the employee have found to be satisfactory. RULE 10. SUSPENSION, DEMOTION, AND DISMISSAL Section 10.0 The tenure of every 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 department head, ar 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 department head shall file with the employee and the Personnel Director a written notifi- cation containing a statement of the substantial reasons for the action. No employee shall be suspended for more than two calendar weeks at any one time. 10.02 An employee may be demoted or dismissed whenever, in the judgment of the appropriate department head, the employee's work or misconduct so warrants. Upon taking such action, the department head shall file with the employee and the Personnel Director a written notification containing a statement of the substantial reasons for the action and the effective date of the action. The notice shall inform the employee that he may file a reply with the department head and the Personnel Director. 10.03 The demotion or dismissal of any department head shall require the approval of the City Council before such action is taken by the City Manager. 10.04 The City Council shall have the sole responsibility for the suspension, demotion, or dismissal of the City Manager and City Attorney. RULE 11. LAYOFF AND RE- EMPLOYMENT Section 11.0 Layoffs for lack of work or lack of funds shall be on the basis of an evaluation of qualifications, performance, and seniority within the affected job class and the affected division or department. 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 vacant position within his division or department in an equivalent or lower job 1 class for which he meets the minimum requirements. Employees 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 an evaluation of qualifications, performance, and seniority in the former job class. 11.02 Whenever an employee 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 his job class in any other division or department in an equivalent or lower job class for which he meets the minimum qualifications for employment. If an employee is reassigned to a vacant position within his job class in any other division or department, he shall retain his rate of pay. If an employee is reassigned to a vacant position in an equivalent or lower job class in any other division or department, he may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. Employees reassigned to vacant positions in an equivalent or lower job class in any other division or department shall 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 an evaluation of qualifi- cations, performance, and seniority in the former job class. 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 for 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 an evaluation of qualifications, performance, and senior- ity in the job class. Section 11.2 Whenever an employee is reassigned to a vacant position in the same class, an equivalent class, or lower class as herein provided, he shall retain the same anniversary date for purposes of merit pay increases. Section 11.3 Whenever an employee is reinstated to a vacant position in his former job class, or re- employed as herein provided, he shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of RULE 4. Section 11.4 The provisions of this RULE shall apply only to regular, full -time employees in the classified service. RULE 12. REINSTATEMENT Section 12.0 An 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 process. 12.01 An employee reinstated within thirty 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 step and shall retain his anniversary date for purposes of merit pay increases. If his anniversay date has occurred during the period of his absence, his new anniversary date 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 step status, and shall be considered to have broken service for all other employee benefits. Section 12.1 An employee who has taken a voluntary demotion to a lower job class may be reinstated to a vacant position in his former job class within three years of the effective date of the voluntary demotion without requalifying by competitive processes. 12.11 An employee reinstated to his former job class from a voluntary demotion shall retain his rate of pay. If his rate of pay is not included in the salary schedule of his former job class, he shall be placed in the salary step of that salary schedule which is closest to his rate of pay. He shall retain his anniversary date for purposes of merit pay increases; however, if he is placed in the "A" or "B" step of the salary schedule, he shall be eligible for a merit pay increase after thirteen complete biweekly pay periods or his regular anniversary date, whichever is sooner. Section 12.2 An employee who has been suspended, demoted, or dismissed may be reinstated to his position as a result of a successful appeal through the grievance procedure. In the event of such reinstatement, the employee shall be entitled to his former status of employment and all pay and benefits lost as a result of the disciplinary action. Section 12.3 The provisions of this RULE shall apply only to regular, full -time employees in the classified service. RULE 13. VOLUNTARY DEMOTION Section 13.0 If an employee takes a voluntary demotion as a result of a downward reclassification of his position, his salary step status shall be in accordance with the provisions of Section 4.5. 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 department head under whom the employee will serve, the Personnel Director, and the City Manager. An employee taking such a voluntary demotion may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. He shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of Section 4.1. 12 RULE 14. TRANSFER Section 14.0 A change of an employee's place of employment from one division 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 as his own job class shall also be considered a transfer. 14.01 A transfer from one division to another or from one department to another shall require the approval of the head of the division or department to which the employee is transferring, the Personnel Director, and the City Manager. Such a transfer shall be initiated by request of the employee to the Personnel 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 employ- ment in accordance with the provisions of RULE 7. Section 14.1 Transfers for the betterment of employees and the best interests of the city shall be encouraged by all echelons of management. RULE 15. HOLIDAYS Section 15.0 The following days shall be recognized as holidays; and regular, full -time employees in the classified service, with the exception of employees in those job classes listed in Section 15.3, shall have these holidays off with pay January lst, New Year's Day February l2th, Lincoln's Birthday February 22nd, Washington's Birthday May 30th, Memorial Day July 4th, Independence Day First Monday in September, Labor Day September 9th, Admission Day November llth, Veterans Day December 25th, Christmas Every day appointed by the President, Governor, or City Council for a public feast, thanksgiving, or holiday Every day on which an election is held throughout the state. Section 15.1 The City Manager and the City Attorney shall also be given the above holidays off with pay. Section 15.2 In the event that any of the above holidays falls on an employee's scheduled day off, the following scheduled work day shall be observed in lieu of the holiday. Section 15.3 Certain designated employees may be required to work on any of the above holidays or days observed in lieu of those holidays. Any employee required to work on any of the above holidays shall receive additional compensation equivalent to one and one -half times his regular rate of pay. Any employee required to work on any day observed in lieu 13 of any of the above holidays shall receive additional compensation equi- valent to his regular rate of pay. Employees in the following job classes and the job classes listed in Section 6.04 shall be exempt from the pro- visions of this Section: Police Lieutenant (assigned as Watch Commander) Identification Sergeant Police Sergeant Police Patrolman Policewoman Fire Battalion Chief (assigned to suppression) Fire Captain Fire Engineer Fireman Fire Dispatcher Section 15.4 An employee in any of the Police Department job classes listed in Section 15.3 shall receive an additional eight (8) hours pay at his regular rate of compensation for each holiday listed in Section 15.0, The Police Chief, Police Captains, and Police Lieutenants assigned to the Traffic Bureau or Records Bureau shall receive additional compensa- tion at their regular rates of compensation, with the approval of the City Manager, for work performed during their regularly scheduled working hours on any of the holidays listed in Section 15,0, on any day observed in lieu of any of the holidays listed in Section 15.0, and on Good Friday between the hours of 12:00 noon and 5:00 P M, Section 15.5 An employee in any of the Fire Department job classes listed in Section 15.3 shall receive additional compensation equiva- lent to 1 /10 of his regular biweekly compensation for each holiday listed in Section 15.0. The Fire Chief, Assistant Fire Chief, and Fire Battalion Chief assigned to Training and Fire Prevention shall receive additional compensation at their regular rates of compensation, with the approval of the City Manager, for work performed during their regularly scheduled working hours on any of the holidays listed in Section 15.0, on any day observed in lieu of any of the holidays listed in Section 15.0, and on Good Friday between the hours of 12:00 noon and 5:00 P.M. Section 15.6 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 work 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 15.7 Good Friday, from 12:00 noon until 5:00 P.M., shall be recognized as a holiday for all regular, full -time employees in the classified service and the City Manager and the City Attorney. 15.71 Regular, full -time employees in the classified service, with the exception of employees in those job classes listed in Section 6.04 and Section 15.3, shall receive additional compensation equivalent to one and -one -half times their regular rates of pay for any required work performed on Good Friday between the hours of 12:00 noon and 5:00 P.M. 14 RULE 16. VACATION 15.72 An employee in any of the Police Department job classes listed in Section 15.3 shall receive an additional five (5) hours pay at his regular rate of compensation for Good Friday. 15.73 An employee in any of the Fire Department job classes listed in Section 15.3 shall receive additional compen- sation equivalent to 1/16 of his regular biweekly compensation for Good Friday. Section 16.0 Employees in the classified service shall receive annual vacation with pay in accordance with the following provisions: 16.01 Regular, full -time employees with an average regular work week of forty (40) hours shall accrue paid vacation at the rate of three (3) hours for each complete biweekly pay period. Upon completion of nine years of continuous, full -time service, such employees shall accrue paid vaca- tion at the rate of four (4) hours for each complete biweekly pay period. In addition, each such employee shall be credited with two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year for the first nine years of continuous, full -time service. Each such employee who has completed nine years of continuous, full -time service shall be credited with an additional sixteen (16) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year. 16.02 Regular, full -time employees with an average regular work week of sixty -seven and two tenths (67.2) hours shall accrue paid vacation at the rate of five (5) hours for each complete biweekly pay period. Upon completion of nine years of con- tinuous, full -time service, such employees shall accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period. In addition, each such employee shall be credited with fourteen (l4) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year for the first nine years of continuous, full time service. Each such employee who has completed nine years of continuous, full -time service shall be credited with an additional eight (8) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year. 16.03 Paid vacation shall continue to accrue in accordance with the above provisions during any period of leave with pay. Section 16.1 All vacations shall be scheduled and taken in accordance with the best interest of the City of Anaheim and the department or division in which the employee is employed. Section 16.2 The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. The minimum amount of vacation that may be taken at any given time shall be one (1) hour. Section 16.3 An employee shall be eligible to take any accrued vacation upon completion of thirteen (13) complete biweekly pay periods of service. Section 16.4 Each employee shall have one (1) hour deducted from his accrued vacation time for each hour of vacation taken. An employee with 15 16 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. Section 16.5 Vacation which is accrued, but not taken, shall be accumulated. 16.51 For employees accruing vacation at the rate of eighty (80) hours for every twenty -six (26) complete biweekly pay periods (two weeks a year),, the maximum amount of vacation that may be accumulated shall be one hundred sixty (160) hours. 16.52 For employees accruing vacation at the rate of one hundred twenty (120) hours for every twenty -six (26) complete bi- weekly pay periods (three weeks a year), the maximum amount of vacation that may be accumulated shall be two hundred forty (240) hours. 16.53 For employees accruing vacation at the rate of one hundred forty -four (144) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred eight -eight (288) hours. 16.54 For employees accruing vacation at the rate of two hundred sixteen (216) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be four hundred thirty -two (432) hours. Section 16.6 Upon termination, an employee shall be compensated in cash at his current rate of pay for any vacation accrued but not taken, pro- vided that he has successfully completed his probationary period. Section 16.7 In the event that any recognized holiday occurs during any employee's vacation, with the exception of employees in the job classes listed in Section 15.3, 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 to work. Section 16.8 The City Manager and City Attorney shall also be subject to the provisions of this RULE. RULE 17. SICK LEAVE Section 17.0 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 four (4) hours for each complete biweekly pay period. 17.02 Regular, full -time employees with an average regular work week of sixty -seven and two tenths (67.2) hours shall accrue paid sick leave at the rate of six (6) hours for each complete biweekly pay period. In addition, each such employee shall be credited with nineteen (19) hours of paid sick leave at the close of the final complete biweekly pay period of each fiscal year. 17.03 Regular, part -time employees with an average regular work week of at least twenty (20) hours, but less than thirty (30) hours, shall accrue paid sick leave at the rate of two (2) hours for each complete biweekly pay period. 17.04 Regular, part -time employees with an average regular work week of at least thirty (30) hours, but less than full time, shall accrue paid sick leave at the rate of three (3) hours for each complete biweekly pay period. 17.05 Paid sick leave shall continue to accrue in accordance with the above provisions during any period of leave with pay. Section 17.1 Each employee shall have one (1) hour deducted from his accrued sick leave time for each 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 shift missed while on paid sick leave. Section 17.2 Sick leave that is accrued, but not taken, shall be accumulated. Section 17.3 In the event that any paid holiday occurs during a period when any 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 17.4 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 17.41 Illness of the employee or physical incapacity of the employee due to illness or injury. 17.42 Enforced quarantine of the employee in accordance with community health regulations. Section 17.5 An employee who cannot perform his assigned duties due to illness or physical incapacity shall inform his immediate supervisor of the fact and the reason therefor as soon as possible. Failure to do so within a reasonable time may be cause for denial of sick leave with pay. Section 17.6 In the event that an employee is absent on paid sick leave in excess of twenty -four (24) consecutive working hours, the employee's department head or division head may require that the employee submit to him a written statement by a physician licensed by the State of Calif- ornia certifying that the employee's condition prevented him from per- forming 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 17.7 In the event that an employee becomes ill during working hours and is placed on paid sick leave prior to the close of the work day, such paid sick leave shall be calculated to the nearest hour. 17 Section 17.8 The City Manager and City Attorney shall also be subject to the provisions of this RULE. RULE 18. INDUSTRIAL ACCIDENT LEAVE Section 18.0 In the event that any employee in the classified service is absent from work as a result of any injury or disease which comes under the State of California Workmen's Compensation Insurance and Safety Act, such absence shall be considered to be industrial accident leave. Section 18.1 Any employee absent on industrial accident leave shall continue to be compensated at his regular rate. Payments from the State Compensation Insurance Fund received by the employee in accordance with the aforementioned Act shall be remitted to the City Treasurer. Section 18.2 Industrial accident leave shall begin on the first day of such absence as defined in Section 18.0 and shall continue for a total of not more than one calendar year. 18.21 In the event that an employee who has returned to duty from industrial accident leave is subsequently absent from work as a result of the same injury or disease, such absence shall be considered to be part of the original industrial accident leave. 18.22 Industrial accident leave benefits provided by this RULE shall apply to each injury or disease as defined in Section 18.0. Section 18.3 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 18.4 The provisions of this RULE shall apply also to the City Manager and the City Attorney. RULE 19. BEREAVEMENT LEAVE Section 19.0 In the event a death occurs in the immediate family of an employee in the classified service, the employee shall be granted bereavement leave with pay for up to a maximum of twenty -four working hours. "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, spouse, child, brother, or sister of the employee, regardless of residence. 19.01 The City Manager and City Attorney shall also be subject to the provisions of this RULE. RULE 20. MILITARY LEAVE Section 20.0 City policy relating to military leave and compensation therefore for employees in the classified service and the City Manager and City Attorney shall be in accordance with the provisions of the Military and Veterans Code of the State of California. Section 20.1 Any employee who is a member of the reserve shall be entitled to a temporary military leave of absence, ordered for purposes of military training, providing that the period of ordered duty does not exceed 180 calendar days including time involved in going to and returning from such duty. 18 He shall have an absolute right to be restored to his former office or position and status upon the termination of such temporary military duty. If the office or position has been abolished or otherwise has 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 had if he occupied the position when it ceased to exist and had not taken temporary military leave of absence. Any employee who has been in the service of the City of Anaheim for a period of not less than one year immediately prior to the date upon which his temporary military leave of absence begins, 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 uncompleted pro- bationary period must be completed upon reinstatement. All service of said employee in recognized military service shall be counted as City. of Anaheim service. Section 20.2 Any employee on temporary military leave of absence who has been in the service of the City of Anaheim for a period of not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his salary for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any one fiscal year. All service of said employee in recognized military service shall be counted as City of Anaheim service. Section 20.3 Any employee on military leave other than temporary military leave of absence who has been in the service of the City of Anaheim for a period of not less than one year immediately prior to the date on which the absence begins shall be entitled to receive his salary for the first 30 calendar days while engaged in the performance of ordered military duty. If an employee is inducted, enlists, enters or is otherwise ordered or called into active duty, he shall be considered to be on ordered military duty. Section 20.4 No more than the pay for the period of 30 calendar days shall be allowed under the provisions of Sections 20.2 and 20.3, or both, for any one military leave of absence or during any one fiscal year. Section 20.5 Any employee on military leave other than temporary military leave of absence shall have a right, if released, separated, or discharged under conditions other than dishonorable, to return to and re -enter upon the office or position within six months after the termination of his active service with the armed forces. He shall also have a right to return and to re-enter upon the office or position during terminal leave from the armed forces and prior to discharge or release therefrom. Upon such return and re -entry to the office or employment the officer or employee shall have all of the rights and privileges in, connected with, or arising out of the office or employment 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 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, he shall be reinstated in a position of like 19 seniority, status, and pay if such position exists, or to a comparable vacant position for which he is qualified. Any officer or employee, other than a probationer, who is restored to his office or employment pursuant to this RULE shall not be discharged from such office or position without cause within one year after such restoration. RULE 21. JURY DUTY Section 21.0 In the event any employee in the classified service is duly summoned to any court for the purpose of performing jury service or serving as a witness, he shall receive his regular compensation for any regularly scheduled working hours spent in the actual performance of such service, provided the fees, except mileage or subsistence allowances, which he receives as a juror are remitted to the City Treasurer. RULE 22. LEAVE WITHOUT PAY Section 22.0 Any employee who is absent from work and who is not on leave with pay shall be considered to be on leave without pay. 22.01 An employee on leave without pay shall receive no compensation and shall accumulate no vacation or sick leave while on such leave. 22.02 An employee who 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 department head. Leave without pay in excess of forty (40) working hours shall require the approval of the employee's department head, the Personnel Director, and the City Manager. 22.03 In the event that leave without pay is granted an employee for reasons of illness of physical incapacity due to illness or injury, the City of Anaheim shall continue to pay for any hospitalization and major medical insurance previously paid for by the City. 22.04 An employee returning to work from leave without pay shall be placed in the same salary step 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 status shall be determined in accordance with the provisions of RULE 13. RULE 23. PERQUISITES Section 23.0 Uniformed personnel of the Police and Fire Departments and certain other designated personnel shall be furnished uniforms in accord- ance with regulations established by the City Manager. Section 23.1 If an employee in the classified service is required to remain at work for at least two hours following the close of his regular 20 work day for the purpose of performing emergency overtime work, the city shall provide him with an adequate meal. If an employee in the classified service is called out to perform emergency overtime work during the morning hours of a regularly scheduled working day, the city shall provide him with an adequate meal if such overtime work continues past the hour of 7 :00 A.M. If an employee in the classified service is called out to perform emergency overtime work, the city shall provide him with an adequate meal at four hour intervals during the performance of such overtime work. Meal time shall be considered working time and shall be compensated for at the appropriate overtime rate. The city shall not provide meals before, during, or after any overtime work which is scheduled in advance. Section 23.2 The City of Anaheim shall pay the premium for single -party hospitalization and major medical insurance for employees in the classified service, the City Manager, City Attorney, City Clerk, City Treasurer, members of the City Council, and members of the Planning Commission. Such premium shall be paid only to the company or companies with which the City of Anaheim has contracted for such insurance coverage. Two -party or family coverage shall be made available at the option of the individual eligible for such coverage. The City of Anaheim shall pay that portion of the premium equivalent to the single -party rate, plus any additional portion of the premium as determined by the City Council, for any eligible individual who elects to take such two -party or family coverage; and the individual shall bear the cost of the difference in premium. Section 23.3 The City of Anaheim shall contribute a portion of the cost of employee retirement benefits in accordance with the provisions of the contract between the City of Anaheim and the State Employees' Retirement System. 23.31 The City of Anaheim shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above contract. Section 23.4 The City of Anaheim shall pay a portion of the premium for employee group life insurance coverage in accordance with the provisions of any contract between the City of Anaheim and any company or companies providing such coverage. RULE 24. TRAVEL EXPENSE ALLOWANCES Section 24.0 Travel expense allowances for employees while on city business shall be provided in accordance with regulations established by the City Manager and /or the City Council. RULE 25. SERVICE AWARDS Section 25.0 Service awards, in the form of service pins or the equivalent, shall be presented to 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; and Forty (40) years of service. Such a service award shall also be presented to any employee in the classified service upon his retirement. 21 RULE 26. TRAINING 25.01 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. 25.02 The provisions of this RULE shall apply also to the City Manager, City Attorney, City Clerk, City Treasurer, members of the City Council, and duly appointed members of any city board or commission. Section 26.0 The Personnel Director shall encourage the improvement of service by providing employees with opportunities for training, including training for advancement and for general fitness for public service. 26.01 Reimbursement to employees for costs incurred for formalized training shall be in accordance with regulations established by the City Manager. RULE 27. PAYROLL DEDUCTIONS Section 27.0 Deductions of authorized amounts may be made from employees pay for the following purposes: Withholding tax; Contribution to retirement benefits; Con,ributionto survivors' benefits; Payment of life insurance 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 City Employees' Credit Union; Contributions to the United Fund of Anaheim; Maintenance of uniforms; and Other purposes as may be authorized by the City Council. RULE 28. PHYSICAL EXAMINATIONS 22 Section 28.0 In order to be eligible for employment with the City of Anaheim, candidates shall be required to pass a physical examination, the character of which shall be in accordance with standards established by the Personnel Director. Section 28.1 In order to be eligible for promotion or transfer to a job class in a category requiring greater physical qualifications than his present job class, any employee must pass the appropriate physical exam- ination. Section 28.2 Employees of the Police and Fire Departments designated as "safety employees" shall undergo a physical examination once each calendar year. 28.21 In the event that any safety employee fails to pass an annual physical examination, the employee's department head, the Personnel Director, and the City Manager shall prescribe reassignment of duties to fit the employee's physical condition. If no appropriate position is vacant, such employee shall be recom- mended for disability retirement if he is eligible. Section 28.3 The City Manager, the City Attorney, department heads, and other employees as may be designated by the City Manager shall undergo a physical examination once each calendar year. 28.31 In the event that any department head fails to pass an annual physical examination, his employment status shall be determined by the City Council, following a recommendation by the City Manager. 28.32 In the event that any other employee designated in Section 28.3 fails to pass an annual physical examination, the employee's department head, the Personnel Director, and the City Manager shall prescribe reassignment of duties to fit the employee's physical condition. If no appropriate position is vacant, such employee shall be recom- mended for disability retirement if he is eligible. Section 28.4 Any 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 the Personnel Director to undergo a physical examination. 28.41 Any employee who fails to pass a physical examination required under the provisions of Section 28.4 may be transferred or demoted to a position requiring lesser physical qualifications, recommended for disability retirement, or terminated. Section 28.5 All physical examinations required under the provisions of this RULE shall be performed by a licensed physician graduated from a medical school recognized by the Industrial Commission of the State of California, and in active practice with an office in the City of Anaheim. 28.51 Exceptions to the provisions of Section 28.5 may be made only in the case of out -of -state candidates for employment. In such cases, the physician performing the examination may be a physician licensed by the state in which the candidate resides. Section 28.6 The City of Anaheim shall pay for any physical examination required under the provisions of this RULE. Section 28.7 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. RULE 29. OUTSIDE EMPLOYMENT Section 29.0 An employee in the classified service may engage in employment other than his job with the City of Anaheim, with the approval of his department head, if such outside employment does not interfere with the performance of assigned duties and does not constitute a conflict of interest. -23- RULE 30. NEPOTISM Section 30.0 No closely related person of any present elected or appointed officer or employee in the classified service shall be hired by the CPty of Anaheim so long as such elected or appointed officer or employee in the classified service remains as such. Section 30.1 For purposes of this RULE, a closely related person shall be defined as any of the following: Husband If related by blood: Wife Uncle Son Aunt Daughter Nephew Mother Niece Father Brother Sister Grandmother Grandfather Adopted Child Stepmother Stepfather Stepbrother Stepsister Stepson Stepdaughter RULE 31. GRIEVANCE PROCEDURE Section 31.0 Employee grievances 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. 31.02 Second Step. If the grievance is not satisfactorily adjusted within five (5) working days after the occurrence of the incident involved in the grievance, the grievance shall be submitted in writing to the employee's department head within ten (10) working days after the occurrence of the incident involved in the grievance. The department head shall meet with the employee and /or his designated representative within five (5) working days after submission of the grievance to him. The department head shall deliver his answer to the employee or his designated representative within five (5) working days after said meeting. 31.03 Third Stea. If the grievance is not satisfactorily adjusted in the Second Step, it shall be submitted in writing to the City Manager within five (5) working days after the department head's answer is received. The City Manager shall deliver his answer to the employee or his designated representative within five (5) working days after submission of the grievance to him; or the City Manager 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. m 24- Section 31.1 Any alleged violation of the Personnel Ordinance or Personnel Resolution, any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures shall be considered to be a matter subject to review through the grievance procedure. Section 31.2 Any adoption, deletion, or revision of city policy as may be suggested or recommended by any employee or employee organization shall not be considered to be a matter subject to review through the grievance procedure. BE IT FURTHER RESOLVED that Resolution No. 62R -1048 and Resolution No. 6148 which heretofore regulated personnel procedure are hereby superseded and shall be of no further force and effect from and after the effective date of this resolution, and that this resolution shall be and become effective concurrently with Ordinance 1922 on the 29th day of November, 1963. THE FOREGOING RESOLUTION is approved and signed by me this 12th day of November, 1963. ATTEST: The City Manager or his assistant shall deliver his answer to the employee and/or his designated representative within five (5) working days after said meeting. CLERK OF THE CITY OF ANAHEIM R OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 63R -910 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 12th day of November, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 63R -910 on the 12th day of November, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 12th day of November, 1963. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM