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HomeMy WebLinkAboutTC Ord 1967-02-27 ORDINANCE NO. ..1L. AN ORDINANCE OF THE CITY OF TIBURON ESTABLISHING A PERSONNEL SYSTEM AND REGULATIONS The City Council of the City of Tiburon does ordain as follows: Section 1. FINDINGS. a) It is necessary to the efficient, effective and ,continuous opera- tion of the City to establish a comprehensive and congruent ,personnel system respecting the .employment and compensation of persons in the service of the City, to include Personnel Regulations, a Master Salary Plan, a Master Benefits Plan, an Annual Salary Program, and General Orders of the City Manager. b) The Personnel Regulations, as part of the Personnel System, are necessary and desirable to establish an equitable and uniform procedure for dealing with personnel matters; to assure that appointments, promotions, trans- fers and classifications will be based on merit, fitness and the needs of the City; and to provide for the reasonable security of employees and responsible service to the City. Section 2. PERSONNEL SYSTEM. There is hereby established a Personnel System for the City of Tiburon, which shall consist of the following: Personnel Regulations; Master Salary Plan; Master Benefits Plan; Annual Salary Program; General Orders of the City Manager. a) The Personnel Regulations shall consist of those rules and con- ditions contained in Section 3 et seq. of this ordinance, and any amendements thereto. b) The Master Salary Plan shall be established by resolution of the City Council and shall provide a general and extensive framework of com- pensation adequate to meet the long-range requirements of the City, and upon which the Annual Salary Program can be constructed. The Master Salary Plan shall contain: (1) A master salary schedule for permanent employees. (2) A master wage schedule for casual employees. (3) A schedule for overtime compensation. (4) A master schedule providing for the following authorized leaves of absence: a. Legal Holidays. b. Illness or Injury. c. Military Service d. Jury Duty. e. Vacation. f. Personal Matters. 2/21/61 1. (5) A Schedule for Longevity Compensation. (6) A Schedule for Merit Compensation. (7) A Schedule for Ordinary Work Weeks. c) The Master Benefits Plan shall be established by resolution of the City Council and shall set forth those benefits, including, but not limited to, health insurance and retirement, which may be provided for employees, and the methods of participation. d) The Annual Salary Program shall be established by resolution of the City Council, and shall provide the personnel structure for each fiscal year and shall establish the compensation and benefits accruing, using the values provided in the Master Salary Plan and the Master Benefits Plan. The Program shall provide at least the following schedules: (1) T~e positions and retained services currently authori&ed for the fiscal year. (2) The salary ranges applicable to each group of employees, together with the ranges applicable to each authorized position. (3) The longevity and merit increments, if any, extended, or to be extended, to each employee; or in lieu thereof, a lump sum appropriation for such purpose. (4) A lump sum, or departmental, appropriation for overtime, where overtime is to be compensated in cash; otherwise, the compensating time off schedule shall prevail. (5) A lump sum, or departmental, appropriation for casual employment. (6) A lump sum, or departmental, appropriation for allowances and other reimbursables. (7) A. lump sum, or departmental, appropriation for benefits. The Annual Salary Program for the ensuing fiscal year shall be adopted by resolution of the City Council no later than the 15th day of June of the preceding fiscal year and shall at all times be applied and operated in conformance with appropriate Personnel Regulations. The Annual Salary Program is intended to provide fo~ the immediate personnel requirements of the City, and may therefore be amended from time to time by resolution, to fulfill municipal requirements. The Annual Salary Program for the fiscal year 1966-1967 shall be adopted immediately upon adoption of the Master Salary Plan, all other provisions of this section notwithstanding. ~) General Orders of the City Manager shall be issued by the City Manager in writing to interpret, amplify, or apply the provisions of the Personnel System. The General Orders, unless modified or rescinded by the City Council, shall have the same authority as all other portions of the Personnel System. f) The annual Municipal Budget, insofar as it pertains to the Per- sonnel System, shall make such appropriations necessary to fund the provisions of the Annual Salary Program. g) Annual review of the Master Salary Plan by the City Council shall precede adoption of the Annual Salary Program, and shall be completed no later than the 30th day of March in each fiscal year. The review shall determine that the values of the Plan: 2/21/67 2. (1) Provide a level of salaries and wages adequate to attract the skills, capabilities and services required for the operation of the City. (2) Provide a level of salaries currently related to cost of living fluctuations as they affect currently employed personnel. (3) Are sufficient to permit compensation adjustment in recog- nition of increased responsibilities, refined skills and improved competence and length of service. (4) Continue to be related to the fiscal vitality and capacity of the City. And further, that the structure of the Plan: (5) Provides intelligible and predictable paths of progression. (6) Is balanced as to relationships between equivalent responsibilities. (7) Continues to exhibit an adaptability to changes in external influences of economic fluctuations, labor supply, skill and task innovations and municipal service requirements. Section 3. APPLICABILITY. The provisions of this ordinance shall apply to all offices, posi- tions, and employments in the service of the City, herein called the competi- tive service, except: elective officers; members of appointive boards, com- missions and committees; City Manager; City Attorney; Deputy City Attorney; City Treasurer; City Engineer; and persons engaged under contract to supply expert, professional, technical or other services. Section 4. DEFINITIONS. The following terms, wherever used in this ordinance, are to be de- fined as follows: a) "'Employee" is defined as a person in the service of the City other than in those positions, employments and offices exempted in Section 3~ hereof. b) "Regular employee" is an employee in the paid service of the City, who occupies a position on the Schedule of Authorized Regular Positions, whose salary is computed on a monthly or annual basis, and who is not a pro- bationary or casual employee. c) "Probationary employee" is an employee on probationary employ- ment in 3 position on the Schedule of Authorized Regular Positions.' d) "Probationary employment" is defined as the first six (6) months of continuous employment, whether in a regular position or a casual position. e) "Continuous employment" is defined as being work performed in accordance with the Schedule of Ordinary Work Weeks applicable to the department in which the employment is held. f) "Casual employee" is an employee in the paid service of the City occupying a position on the Schedule for Casual Employees, whose wage is com- puted on an hourly basis. g) "Classification" is the title and job description attached to each authorized position, whether casual or regular, of sufficient detail to define the duties, responsibility, skill, experience and authority required of the employee" 2/21/67 3. h) "Group" is defined as all positions sufficiently similar in duties> authority and responsibility to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion and salary. i) "Range" is a scale of compensation for a given class or position in" the City employment. j) "Step" is a specific salary within a range of compensation, Step One (1) being the lowest compensation in a given range. k) "Promotion" is the movement of an employee from one class to another class having a higher maximum rate of compensation. 1) "Advancement" is a salary increase within the limits of the range of compensation established for a class. m) "Transfer" is the change of an employee from one position to another position in the same class or comparable class. n) "Consecutive employment" is defined as continuous employment with the City. Sick leave, probationary status, military leave of absence, jury duty or vacation shall not be construed as interrupting the continuity. An employee separated without prejudice for the convenience of the City shall, upon reemployment in the same capacity, be entitled to consider his prior con- secutive employment as consecutive. Casual employees who are later hired on a permanent basis are entitled to consider their prior consecutive employment as consecutive. Section 5. HIRING. All employees shall be hired by the City Manager. The City Manager may hire only such employees as are provided for in the current Schedule of Authorized Paid Positions or in the current Schedule of Unclassified Casual Employment. Section 5. DISMISSALS AND APPEALS. a) Temporary, casual and probationary employees serve at the pleasure of the City Manager and are subject to dismissal without rights of appeal. b) The City Manager shall have the right for cause, including, withou,t limitation, the reasons listed in Government Code Section 19572, to demote, to dismiss, to reduce in pay, suspend without pay, or to take other disciplinary action against any regular employee. The City Manager shall give the employee written notice of such action not later than three (3) days after it takes effect, which notice shall state the reasons for the action. The pro- visions of this Section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions. (1) Right of Appeal. Such regular employees may, within ten (10) days after the effective date of demotion, dismissal, reduction in pay, or suspensions for periods exceeding one (1) working day, or suspensions totaling in excess of f~~2 (5) working days in the calendar year, file a writ- ten appeal with the City Manager. The City Manager may make whatever investi- gation of the appeal he deems appropriate and shall refer the appeal to the City Council within thirty (30) days after filing by the regular employee. The City Council shall hold a hearing within thirty (30) days' notice of the hearing date to the employee. The Council shall render its decision on the appeal within fifteen (15) days following the conclusion of its consideration of the appeal, and shall notify the employee and City Manager in writing of its decision. c) Abolition of Position. The City Council may abolish for cause any position or employment by amendment of the appropriate schedules of posi- tions or employments. Employees transferred, demoted or laid off because of the abolishment of positions or employments shall not be entitled to written 2/21/67 4. charges nor shall they have the right of appeal in such cases. Except in the case of an emergency declared by the City Council, the effective date of abolishment of a position occupied by an employee shall be at least thirty (30) days after the act of abolishment. When reduction of personnel is generally indicated, positions shall be vacated on decision of the City Manager, who shall take into con- sideration the administrative needs of the City, as well as maintenance of the public peace, health, safety and welfare. Section 7. COMPENSATION. All salaries, wages, allowances and other compensation due and pay- able to employees and other persons providing personal and professional ser- vices to the City shall be paid monthly, as of the last calendar day of each month by check or warrant drawn on the proper fund and executed by the City Manager; except that, in the instance of retained services, where the charges for such services may vary from month to month, payment shall be made monthly as of the last calendar day of each month, in accordance with an invoice for such service duly audited, by check or warrant drawn on the proper fund and executed in accordance with requirements respecting the honoring of other de- mands against the City. Where salaries, wages, allowances or other compensation are provided fur in schedules ~ade a part of the Annual Salary Program, such salaries, wages, allowances or compensation may not be withheld; except as provided elsewhere in this ordinance, by order of the City Council, or by order of a court of competent jurisdiction. Where salaries, wages, allowances or other compensation are due and payable in accordance with the proper schedules made a part of the Annual Salary Program, they shall be paid when due, irrespective of balances remain- ing in appropriate funds, and the City Manager shall thereafter file with the City Council bills requesting supplemental appropriations to offset stid payments. Section 8. CLASSIFICATION. Each regular position in the paid service of the City shall be classified by the City Manager. The classification shall consist of a job description, setting forth the skills, experience and responsibility attaching to the position, and the duties required of the position. Classifications may be changed on recommendation of the head of department, with the approval of the City Manager. They shall become effec- tive with the authorization of the City Council. In lieu thereof, the City Council may initiate and make such changes in classifications as it deems expedient and proper. Plan. Each classification shall be assigned to a Group in the Master Salary Section 9. GROUPING. Each classification shall be designated as being Functional, Super- visory or Administrative, and accordingly placed within such Group in the Master Salary Plan. For purposes of compensation, any classification may be assigned to a range within the Group which, in the opinion of the City Manager, is equivalent to skills, responsibility and experience of the employee designated by the classification, and for which purpose funds have been budgeted or allocated. Section 10. ADVANCEMENTS, PROMOTIONS AND TRANSFERS. a) Entry - An employee of the City, entering in a regular posi- tion, shall be assigned a classification and placed in the appropriate group, on the appropriate salary range. 2/21/67 5. Ordinarily, the beginning Step on range shall be Step A, which is considered to be the probationary step, except that extraordinary circum- stances may permit beginning employment on a higher step, with the concurrence of the City Council. In no instance, irrespective of classification, range or step, will an employee enter the service of the City except that the first six months of continuous employment be considered as probationary as set forth and further defined in this ordinance 4 Advancement to the next four steps shall be considered recogni- tion of competent performance of duty and recognition of length of service. An employee, after serving in a step for the number of months hereinafter set out, shall be eligible for advancement only after twelve (12) months consecu- tive employment in that initial step. Step A - 6 months consecutive employment Step B - 12 months consecutive employment Step C - 12 months consecutive employment Step D - 18 months consecutive employment Step E - Top Step. b) Achieving Regular Status - A probationary employee may achieve status as a regular employee after six (6) months consecutive employment, and upon the certification by the City Manager that the employee is acceptable as a regular employee. The City Manager shall consult with the appropriate department head, where applicable, in making his determination. If a probationary employee is not certified for regular employ- ment, pursuant to the preceding paragraph, within thirty (30) days after the completion of his probationary period, the services of said employee shall be terminated forthwith at the expiration of said thirty (30) day period. Pro- vided, however, that upon recommendation of the department head, the City Manager may extend the employee's probationary status for a period not to exceed six (6) months. Employees may be promoted either in classification or salary range, or both. Advancement in classification, where classifications have been established with the consent of the City Counc iI, may be made by the City Manager. Advancements in range, whether in conjunction with advancements in classification or not, may only be made within the limits of the Annual Salary Program, which program may be amended as provided elsewhere in the Personnel System to accommodate advancements~ In no case shall an advancement in classification or range re- sult in a lower salary than the salary previously paid. c) Status of Present Employees - Any employee occupying an autho- rized regular position on the date of adoption of this ordinance, who on the effective date of this ordinance has served at least six (6) months consecu- tive employment with the City, shall have status as a regular employee. d) Transfer - In no event shall an employee transferred from one position to another suffer a decrease in salary except as the result of a disciplinary measure. NotWithstanding the provisions in Section 10 a), an employee granted advancement upon transfer to a new position shall be eligible for further advancement after twelve (12) months consecutive employment. An employee whose salary was unaffected by transfer shall be eligible for advancement to the next higher step in the new position at the appropriate interval of time from his immediately previous advancement in his former position, said time interval to be based on his step and range in his former position, and to be determined by the provisions of Section 10 a). 2/21/67 6. Section 11. LEAVES OF ABSENCE. Eligibility. For such leaves of absence as are provided in the Master Salary Plan, the following rules of e1i~ibility shall apply: a) Illness of Physical Incapacitation. All employees become eligible upon employment in an authorized regular position. No payment in lieu of unused accumulated sick leave is to be made upon termination of employment. b) Basis for Sick Leave. Sick leave shall not be considered as a privilege which an employee may use at his discretion, but shall be allowed only in the case of ne\:essity or actual sickness or disability and in the case of disability other than sickness, only where such disability shall have been occasioned while the employee was not gainfully employed elsewhere. In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior prior to or within four (4) hours after the time set for beginning his daily duties, or as may be specified by the head of his department. When absence is for more than three (3) work days, the employee shall file a physician's statement with the head of his department stating the cause of the absence. c) Vacations~ All employees occupying authorized regular positions become eligible after one year's consecutive employment. d) Compensation in Lieu Thereof. Upon termination of an employee's service with the City, he shall be paid a lump sum for all accrued vacation earned in accordance with these provisions prior to the termination. e) Scheduling. Vacations shall be scheduled by the City-Manager upon consultation with the department heads, with due regard for the wishes of the employee and the needs of the City. f) Military Service. As provided by state and federal statutes. g) Jury Duty. At the call of the jury commissioner, all employees occupying authorized regular positions. h) Holidays. Government Code holidays, and those proclaimed by the Governor, the President and the Mayor, all employees occupying authorized regular positions. i) Leaves Without Pay. (1) Length. Upon Manager may approve in writing a not exceeding three (3) months. tend such leave of absence for a the written request of an employee, the City leave of absence without pay for a period The City Manager may~ in his discretion, ex- period greater than said three (3) months. (2) ~. a. Upon return to work, the employee shall return to the same classification, range and step held by him upon taking the leave. 2/21/67 7. b. No vacation or sick leave credit shall be earned or accumulated during the leave. c. Failure of the employee to return to work on the ex- piration of the leave shall result in his separation from employment with the City with credit only for benefits earned prior to the leave. j) Leaves With Pay - Special Leaves. Upon showing by the depart- ment head of serious economic hardship, illness or distress not otherwise covered by this section, in the case of an employee with not less than three years consecutive employment, upon recommendation by the City Manager, the City Council may grant such special leave of absence with pay as may be determined necessaryo Section 12. LIMITATION ON OUTSIDE EMPLOYMENT. No full time regular or probationary employee may, for profit or reward, engage in any outside occupation, profession or activity without first receiving specific authori- zation from the City Manager within the policy limits set by the City Council. In each case, the City Manager shall determine whether or not the proposed activity is compatible with City employment or tends to reduce the efficiency of the employee in City employment. Section 13. DISCRIMINATION. No person. shall .be: employ~d,. .prom9t,~d, or discharged or in any way favored or discriminated against because of opinions or affiliations not prohibited by law, or bec"ause of race, or religious beliefs. Section 14. PROTESTS, REMONSTP~NCES AND PETITIONS. Any employee of the City with grievances, protests resepcting employment or the conditions and circumstances of employment, or remonstrances or petitions respecting any particular of employment, whet er concerning himself, other employees or the terms or conditions of employment in the service of the City, may file, in writing, directly with the City Manager, such protest, petition, grievance or remonstrance. The City Manager shall, within thirty (30) days, respond in writing to the protest, petition, grievance or remonstrance. The response shall set forth the findings of the City Manager upon investigation of the protest, petition, grievance or remonstrance, and what action, if any, he intends to take. A copy of the response shall be filed with the City,Council. If the employee is not satisfied with the response of the City Manager, he may, within ten (10) days of receiving the response, appeal in writing to the City Council, setting forth his reasons for dissatisfaction and wherein he disputes the response of the City Manager. The City Council shall, within thirty (30) days of receiving such appeal, hear and decide upon the appeal, which decision is final and binding in all respects. No employee shall, as a direct or proximate result of such protest, petition, grievance, remonstrance or appeal, suffer dismissal from the ser- vices of the City, transfer, demotion, reduction of salary or other disci- plinary action, unless it shall be determined by the City Council that the protest, petition, grievance, remonstrance or appeal was taken wilfully, for purposes of disruption, with intentional disregard of facts; to wrongfully embarass the City, its officers and employees; to distrub the public peace, health, safety and welfare; or to serve personal ends inimical to the public service. Section 15. SEPARABILITY. If any section, subsection sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordi- nance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, i~respective of the fact that anyone or more other sections, subsec- tions, clauses or phrases may be declared invalid or unconstitutional. 2/21/67 ('I o. b. No vacation or sick leave credit shall be earned or accumulated during the leave. c. Failure of the employee to return to work on the ex- piration of the leave shall result in his separation from employment with the City with credit only for benefits earned prior to the leave. j) Leaves With Pay - Special Leaves. Upon showing by the depart- ment head of serious economic hardship, illness or distress not otherwise covered by this section, in the case of an employee with not less than three years consecutive employment, upon recommendation by the City Manager, the City Council may grant such special leave of absence with pay as may be determined necessaryo Section 12. LIMITATION ON OUTSIDE EMPLOYMENT. No full time regular or probationary employee may, for profit or reward, engage in any outside occupation, profession or activity without first receiving specific authori- zation from the City Manager within the policy limits set by the City Council. In each case, the City Manager shall determine whether or not the proposed activity is compatible with City employment or tends to reduce the efficiency of the employee in City employment. Section 13. DISCRIMINATION. No person. shall .be: employ~d,. .prom9t,~d, or discharged or in any way favored or discriminated against because of opinions or affiliations not prohibited by law, or bec"ause of race, or religious beliefs. Section 14. PROTESTS, REMONSTP~NCES AND PETITIONS. Any employee of the City with grievances, protests resepcting employment or the conditions and circumstances of employment, or remonstrances or petitions respecting any particular of employment, whet er concerning himself, other employees or the terms or conditions of employment in the service of the City, may file, in writing, directly with the City Manager, such protest, petition, grievance or remonstrance. The City Manager shall, within thirty (30) days, respond in writing to the protest, petition, grievance or remonstrance. The response shall set forth the findings of the City Manager upon investigation of the protest, petition, grievance or remonstrance, and what action, if any, he intends to take. A copy of the response shall be filed with the City,Council. If the employee is not satisfied with the response of the City Manager, he may, within ten (10) days of receiving the response, appeal in writing to the City Council, setting forth his reasons for dissatisfaction and wherein he disputes the response of the City Manager. The City Council shall, within thirty (30) days of receiving such appeal, hear and decide upon the appeal, which decision is final and binding in all respects. No employee shall, as a direct or proximate result of such protest, petition, grievance, remonstrance or appeal, suffer dismissal from the ser- vices of the City, transfer, demotion, reduction of salary or other disci- plinary action, unless it shall be determined by the City Council that the protest, petition, grievance, remonstrance or appeal was taken wilfully, for purposes of disruption, with intentional disregard of facts; to wrongfully embarass the City, its officers and employees; to distrub the public peace, health, safety and welfare; or to serve personal ends inimical to the public service. Section 15. SEPARABILITY. If any section, subsection sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordi- nance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, i~respective of the fact that anyone or more other sections, subsec- tions, clauses or phrases may be declared invalid or unconstitutional. 2/21/67 ('I o. Section 16. STATEMENT OF URGENCY. This ordinance shall go into effect immediately upon its adoption in order to preserve the public peace, health, safety and welfare. The facts constituting the need for said ordi- nance being effective immediately are that the City has no personnel system established by ordinance or resolution, has no personnel regulations defining the rights and entitlements as well as the obligations of City employees, and that the proper administration of the affairs of the City of Tiburon, as well as the efficient carrying on of the business of the City, require the immediate effect of this ordinance so as not to impair the functioning of the affairs of the City, to the detriment of the health, safety, peace and welfare of the inhabitants of the City. Section 17. PUBLICATION.. Before the expiration of fifteen (15) days after its passage, this cr,din~nce shall be published, with the names of the members voting for and against the same, at least OQce in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a meeting of the City Council of the City of Tiburon held on 27 February 1967, by the following vote: AYES: COUNCILMEN: Bremer, Drohan, Fanning, Strawbridge, Hoffmire NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None f t' ). " ( ~ '/., ~ I /~ /...! --:-L---'.__, /' JOHN, ~r.p 'HOFFMIRE, JR. Mayor. of ~le City of Tiburon ATTEST: ca~J!~<L~ LAWRENCE D. ROSE, City Clerk 2/21/67 9.